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2004 No. 3056 (C.127)

LANDLORD AND TENANT, ENGLAND AND WALES

The Commonhold and Leasehold Reform Act 2002 (Commencement No.5 and Saving and Transitional Provision) Order 2004

  Made 16th November 2004 

The Lord Chancellor, as respects England and Wales, and the First Secretary of State, as respects England, in exercise of the powers conferred on them by section 181 of the Commonhold and Leasehold Reform Act 2002[1], hereby make the following Order:

Citation and interpretation
     1.  - (1) This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No.5 and Saving and Transitional Provision) Order 2004.

    (2) In this Order, unless otherwise stated, references to sections and Schedules are references to sections of, and Schedules to, the Commonhold and Leasehold Reform Act 2002.

Provision coming into force in England and Wales
     2. Section 180, in so far as it relates to the repeal in Schedule 14 of section 104, shall come into force in England and Wales on the day after that on which this Order is made.

Provisions coming into force in England on 28th February 2005
     3. Subject to article 4, the following provisions shall come into force in England on 28th February 2005 - 

Saving and transitional provision
     4.  - (1) During the period beginning with 28th February 2005 and ending on the date on which sections 121 to 124 come into force, paragraph 4(2) of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993 shall have effect as if, for "participating tenants", there were substituted "persons who are participating tenants immediately before a binding contract is entered into in pursuance of the initial notice".

    (2) Section 168 shall not have effect as regards notices served under section 146(1) of the Law of Property Act 1925 before 28th February 2005 in respect of a breach by a tenant of any covenant or condition.

    (3) The amendments made by section 170 shall not have effect as regards notices served under section 146(1) of the Law of Property Act 1925[5] (restriction on re-entry or forfeiture) before 28th February 2005.



Signed by authority of the Lord Chancellor


David Lammy
Parliamentary Under Secretary of State, Department for Constitutional Affairs

16th November 2004



Signed by authority of the First Secretary of State


Keith Hill
Minister of State, Office of the Deputy Prime Minister

16th November 2004


EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force further provisions of Part 2 (leasehold reform) of the Commonhold and Leasehold Reform Act 2002 ("the 2002 Act").

Article 2 brings into force, in England and Wales, on the day after this Order is made, the repeal of section 104 of the 2002 Act. That section amended the Land Registration Act 1925 (c.21) ("the 1925 Act") to allow for notice to be entered in the register under the 1925 Act in respect of the right to manage (a new right conferred by the 2002 Act allowing leaseholders of flats to take over the management of their block). The 1925 Act has been repealed and replaced by the Land Registration Act 2002 (c.9), making section 104 of the 2002 Act redundant.

The provisions mentioned in article 3 of the Order will come into force, in relation to England only, on 28th February 2005. They include:

The following provisions of the Act have been brought into force in England and Wales by commencement orders made before the date of this Order:

Provision Date of Commencement S.I. No.
Sections 1 to 20 27.9.04 2004/1832
Section 21(1) to (3) and (6) to (10) 27.9.04 2004/1832
Sections 22 to 41 27.9.04 2004/1832
Section 42 29.9.03 2003/2377
Sections 43 to 61 27.9.04 2004/1832
Section 62 29.9.03 2003/2377
Section 63 27.9.04 2004/1832
Sections 64 to 67 29.9.03 2003/2377
Section 68 27.9.04 2004/1832
Sections 69 and 70

 29.9.03 (partially)

27.9.04 (remainder)

 2003/2377

2004/1832

The following provisions of the Act have been brought into force in England by commencement orders made before the date of this Order:

Provision Date of Commencement S.I. No.
Sections 71 to 73 and Schedule 6 30.9.03 2003/1986
Section 74 26.7.02 (partially)

30.9.03 (remainder)

 2002/1912

2003/1986
Sections 75 to 77 30.9.03 2003/1986
Section 78 26.7.02 (partially)

30.9.03 (remainder)

 2002/1912

2003/1986
Section 79 30.9.03 2003/1986
Section 80 26.7.02 (partially)

30.9.03 (remainder)

 2002/1912

2003/1986
Sections 81 to 83 30.9.03 2003/1986
Section 84 26.7.02 (partially)

30.9.03 (remainder)

 2002/1912

2003/1986
Sections 85 to 91 30.9.03 2003/1986
Section 92 26.7.02 (partially)

30.9.03 (remainder)

 2002/1912

2003/1986
Sections 93 to 103 and Schedule 7 30.9.03 2003/1986
Sections 105 to 109 30.9.03 2003/1986
Section 110 26.7.02 (partially)

30.9.03 (remainder)

 2002/1912

2003/1986
Sections 111 to 113 30.9.03 2003/1986
Sections 114 to 120 26.7.02 2002/1912
Section 122 (partially) 26.7.02 2002/1912
Section 125 26.7.02 2002/1912
Sections 127 to 147 26.7.02 2002/1912
Sections 148 to 150 and Schedule 9 30.9.03 2003/1986
Section 151 26.7.02 (partially)

31.10.03 (remainder)

 2002/1912

2003/1986
Sections 152 and 153 (partially) 26.7.02 2002/1912
Section 155 30.9.03 2003/1986
Section 156 (partially) 26.7.02 2002/1912
Section 157 and Schedule 10 (partially) 30.9.03 2003/1986
Section 158 and Schedule 11 30.9.03 2003/1986
Section 159 30.9.03 2003/1986
Sections 160 to 162 26.7.02 2002/1912
Section 163 30.9.03 2003/1986
Section 164 (partially) 26.7.02 2002/1912
Sections 166 and 167 (partially) 26.7.02 2002/1912
Section 171 (partially) 26.7.02 2002/1912
Section 172 (partially) 30.9.03 2003/1986
Section 173 30.9.03 2003/1986
Section 174 and Schedule 12 26.7.02 (partially)

30.9.03 (remainder)

 2002/1912

2003/1986
Section 175 30.9.03 2003/1986
Section 176 and Schedule 13 (partially) 30.9.03 2003/1986
Section 180 and Schedule 14 (partially) 26.7.02

30.9.03

 2002/1912

2003/1986

(Provisions of Part 2 of the Act (leasehold reform) have been brought into force in Wales by commencement orders made by the National Assembly for Wales.)

Notes:

 [1] 2002 c.15. See the definition of "the appropriate authority" in section 181(4).back

[2] 1985 c.70. (Sections 21, 21A, 21B and 22 will be substituted or inserted on the commencement of sections 152 to 154 of the Commonhold and Leasehold Reform Act 2002.)back

[3] 1993 c.28.back

[4] 1996 c.52.back

[5] 1925 c.20.back


ISBN 0 11050350 3


  © Crown copyright 2004

Prepared 26 November 2004

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URL: http://www.bailii.org/uk/legis/num_reg/2004/20043056.html