Statutory Instruments
1997 No. 225 (C. 12)

HOUSING, ENGLAND AND WALES
The Housing Act 1996 (Commencement No. 7 and Savings) Order 1997

Made
28th January 1997

The Secretary of State, in exercise of the powers conferred on him by section 232(3) and (4) of the Housing Act 1996(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Housing Act 1996 (Commencement No. 7 and Savings) Order 1997.

(2) In this Order “the commencement date” means 28th February 1997.

Commencement and Savings

2.  The following provisions of the Housing Act 1996 shall come into force on the commencement date, subject to the savings in the Schedule to this Order—

section 96 to the extent that it is not already in force,

sections 97 to 104,

sections 148 to 151, and

section 227 in so far as it relates to the repeals in Part IV of Schedule 19.

Article 2

SCHEDULESAVINGS

1.  The insertion of section 8A in the Housing Act 1988 and the amendment to section 8 of and Schedule 2 to that Act(2) (repossession: assured tenancies) shall have no effect in a case where—

(a)a notice under section 8 of that Act (notice of proceedings for possession) has been served before the commencement date; or

(b)the court has dispensed with the requirement of such a notice and the proceedings for possession were started before the commencement date.

2.  The amendments to section 21(1) and (4) of the Housing Act 1988(3) (recovery of possession on expiry or termination of assured shorthold tenancy) shall have no effect in a case where a landlord has served a notice under section 8 of that Act (notice of proceedings for possession) before the commencement date.

Signed by authority of the Secretary of State

James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
28th January 1997

Explanatory Note

(This note is not part of the Order)
Article 2 of this Order brings into force, on 28th February 1997, the following provisions of the Housing Act 1996 (subject to the savings in the Schedule to the Order)—

section 96, to the extent that it is not already in force;

sections 97 to 104 (assured tenancies);

sections 148 to 151 (repossession: assured tenancies); and

section 227, in so far as it relates to the repeals in Part IV of Schedule 19 (assured tenancies).

The amendments to sections 8 and 21(1) and (4) of and Schedule 2 to the Housing Act 1988 made by the provisions commenced in the Order are subject to the savings in the Schedule to the Order.
Note as to Earlier Commencement Orders

(This note is not part of the Order)
The following provisions of the Housing Act 1996 have been brought into force by commencement orders made before the date of this Order.


Provision
Date of commencement
S.I. No.

s. 1
1st October 1996
1996/2402

s. 2(7) and (8)
1st August 1996
1996/2048

s. 2 (in so far as not already in force)
1st October 1996
1996/2402

s. 3(2) (partially)
1st August 1996
1996/2048

s. 3 (in so far as not already in force)
1st October 1996
1996/2402

s. 4

s. 5
1st August 1996
1996/2048

s. 6
1st October 1996
1996/2402

s. 7 (partially)
1st August 1996
1996/2048

s. 7 (in so far as not already in force)
1st October 1996
1996/2402

s. 8

s. 9(3)
1st August 1996
1996/2048

s. 9 (in so far as not already in force)
1st October 1996
1996/2402

ss. 10 to 15

s. 17
1st August 1996
1996/2048

s. 18(2) and (7) (partially)
1st October 1996
1996/2402

s. 20(3) (partially
s. 21(3) (partially)
ss. 22 and 23

s. 24 (partially)
1st August 1996
1996/2048

s. 25 (partially)
1st October 1996
1996/2402

s. 27 (partially)
s. 28(3) (partially)

s. 28(4)
1st August 1996
1996/2048

s. 29 (partially)

ss. 30 to 34
1st October 1996
1996/2402

s. 36(1) to (6)
1st August 1996
1996/2048

s. 36(7)
1st October 1996
1996/2402

ss. 37 to 50

s. 51 (partially)
1st August 1996
1996/2048

ss. 52 to 54
s. 55(1) (partially)

s. 55(1) (partially)
1st October 1996
1996/2402

s. 55(2) and (3)
1st August 1996
1996/2048

ss. 56 to 64

ss. 65 and 66 (partially)
1st October 1996
1996/2402

s. 72 (partially)
s. 75 (partially)
ss. 76 and 77
s. 80(3)

s. 83(3) (partially)
23rd August 1996
1996/2212

s. 84
1st October 1996

s. 86(4) and (5) (partially)
23rd August 1996

s. 88 to 91
1st October 1996

s. 92 (partially)
23rd August 1996

s. 92 (in so far as not already in force)
1st October 1996

s. 93

s. 96 (partially)
23rd August 1996

s. 105
1st October 1996

s. 106 (partially)
23rd August 1996

ss. 107 to 109
1st October 1996

ss. 111 to 117

s. 119 (partially)
23rd August 1996

ss. 124 to 128
12th February 1997
1997/66

s. 129(1), (2), (5) and (6)
12th February 1997
1997/66

s. 129(3) and (4)
1st October 1996
1996/2402

ss. 130 to 134
12th February 1997
1997/66

s. 135
1st October 1996
1996/2402

ss. 136 and 137
12th February 1997
1997/66

s. 138(1) to (3)
12th February 1997
1997/66

s. 138(4) to (6)
1st October 1996
1996/2402

s. 139
s. 140

s. 141(1)
12th February 1997
1997/66

s. 141(2) and (3)
1st October 1996
1996/2402

s. 142
s. 143

ss. 144 to 146
12th February 1997
1997/66

s. 147 (partially)
1st October 1996
1996/2402

s. 147
12th February 1997
1997/66

s. 159
1st April 1997
1996/2959

s. 160(1) to (3)

s. 160(4) and (5)
1st October 1996
1996/2402

s. 161(2) and (3) (partially)

s. 161 (to the extent it is not already in force)
1st April 1997
1996/2959

s. 162(4) (partially)
1st October 1996
1996/2402

s. 162 (to the extent it is not already in force)
1st April 1997
1996/2959

s. 163(7) (partially)
1st October 1996
1996/2402

s. 163 (to the extent it is not already in force)
1st April 1997
1996/2959

s. 164

s. 165(1), (2) and (5)
1st October 1996
1996/2402

s. 165 (to the extent it is not already in force)
1st April 1997
1996/2959

s. 166

s. 167(3) to (5)
1st October 1996
1996/2402

s. 167 (partially)
23rd October 1996
1996/2658

s. 167 (to the extent that it is not already in force)
1st April 1997
1996/2959

s. 168

s. 169
1st October 1996
1996/2402

ss. 170 and 171
1st April 1997
1996/2959

s. 172
1st October 1996
1996/2402

s. 173
1st April 1996
1996/2959

s. 174
1st October 1996
1996/2402

ss. 175 and 176
20th January 1997
1996/2959

s. 177(3)
1st October 1996
1996/2402

s. 177 (to the extent that it is not already in force)
20th January 1997
1996/2959

s. 178 to 181

s. 182
1st October 1996
1996/2402

s. 183(2)

s. 183 (to the extent that it is not already in force)
20th January 1997
1996/2959

s. 184

s. 185(2) and (3) (partially)
1st October 1996
1996/2402

s. 185 (to the extent that it is not already in force)
20th January 1997
1996/2959

s. 186 to 188

s. 189(2) to (4)
1st October 1996
1996/2402

s. 189 (to the extent that it is not already in force)
20th January 1997
1996/2959

s. 190 to 193

s. 194(6) (partially)
1st October 1996
1996/2402

s. 194 (to the extent that it is not already in force)
20th January 1997
1996/2402

s. 195 to 197

s. 198(4) to (7) (partially)
1st October 1996
1996/2402

s. 198 (to the extent that it is not already in force)
20th January 1997
1996/2959

s. 199(5)
1st October 1996
1996/2402

s. 199 (to the extent that it is not already in force)
20th January 1997
1996/2959

s. 200 to 202

s. 203(1), (2) and (7)
1st October 1996
1996/2402

s. 203 (to the extent that it is not already in force)
20th January 1997
1996/2959

s. 204 to 206

s. 207(4) to (6) (partially)
1st October 1996
1996/2402

s. 207 (to the extent that it is not already in force)
20th January 1997
1996/2959

ss. 208 and 209

s. 210(2)
1st October 1996
1996/2658

s. 210 (to the extent that it is not already in force)
20th January 1997
1996/2959

s. 211 to 214

s. 215
1st October 1996
1996/2402

s. 216
20th January 1997
1996/2959

ss. 217 and 218
1st October 1996
1996/2402

s. 222 (in so far as not already in force)

s. 227 (partially)
1st October 1996
1996/2212

s. 227 (partially)
1st April 1997
1996/2959



(1)
1996 c. 52.

(2)
c. 50. See sections 101, 102, 148, 149, 150 and 151 of the Housing Act 1996.

(3)
See section 98 of the Housing Act 1996.