The Housing and Planning Act 1986 (Commencement No. 1) Order 1986

• Citation: S.I. 1986/2262
• Sections: 12

Section 1

This order may be cited as the Housing and Planning Act 1986 (Commencement No. 1) Order 1986.

Section 2

The following provisions of the Housing and Planning Act 1986 shall come into force on 7th January 1987 (“the commencement date”)—

(a) the provisions of Part I of the Act (housing) specified in Schedule 1 to this order, subject to the transitional provisions specified in that Schedule;

(b) the provisions of Part III of the Act (financial assistance for urban regeneration); and

(c) the provisions of Part VI of the Act (miscellaneous provisions) specified in Schedule 2 to this order, subject to the transitional provisions specified in that Schedule.

Section 1

Sections 1 to 4.

Section 2

Sections 10 to 14.

Section 3

Sections 16 and 17.

Section 4

Sections 19 and 20.

Section 5

Sections 22 and 23.

Section 6

The following provisions of section 24—

(a) Section 24(1), insofar as it relates to paragraphs 1 to 7 of Schedule 5;

(b) Section 24(2), insofar as it relates to paragraphs 14, 15, 17, 21 to 26, 28, 30, 32, 33, 39, 41 and 42 of Schedule 5; and

(c) Section 24(3) insofar as it relates to the repeals specified in the Table below.

HOUSING REPEALS

Section 43(3) and (4).

Section 49(b) and (c).

Section 30(2).

Section 46.

In section 127, the word “and” at the end of paragraph (a). In Schedule 4, in paragraph 7(1), the words from “a housing co-operative” to “management functions)” . In Schedule 6, in paragraph 14(2), the words following paragraph (c).

Transitional provisions

Paragraph 11 of Schedule 5 to the Housing Act 1985 shall have effect as originally enacted (and not as substituted by section 1 of the Housing and Planning Act 1986 ) in relation to:—

(1) the exercise of the right to buy in pursuance of a notice under section 122 of the Housing Act 1985 served before the commencement date;

(2) the determination of whether a tenant is a tenant to whom section 45 of the Housing Associations Act 1985 applies where that tenant has, before the commencement date, made application to a registered housing association for that association to make a disposal to him at a discount under such a project as is mentioned in section 45(1) of that Act.

Section 1

Sections 44 to 48.

Section 2

Section 49, insofar as it relates to paragraphs 1 to 7, 10 to 14, 16 to 18, 20 to 22, 24 and 25 in Part I of Schedule 11 and the repeals specified in Part I of the Table below.

Section 3

Section 53, insofar as it relates to paragraphs 28 to 38, 41 to 56 and 59 to 62 in Part II of Schedule 11 and the repeals specified in Part II of the Table below.

Section 4

Sections 54 and 55.

MISCELLANEOUS REPEALS

PART I ENGLAND AND WALES

In section 29A—

(a) in subsection (2), the definition of “the Code of Practice for Access of the Disabled to Buildings” ;

(b) subsection (3).

Section 29B(2) and (3).

In section 32(2), in the proviso, the words “of sections 66 to 86” .

Sections 66 to 86.

Section 88B(4).

Section 105(1)(c).

In section 147(3), the words from “or in respect of” to the end.

Section 151.

Section 165(4).

In section 169—

(a) subsection (5);

(b) in subsection (7), the words from “and no compensation” to the end.

In section 180(4), the words from “and no account” to the end.

Section 185.

Section 191(2).

In section 237(5), the words from “and no compensation” to the end.

Sections 250 to 252.

In section 260(1)(d), the words “grants in accordance with regulations made under section 250 of this Act or” .

In section 287—

(a) in subsection (4), the words “69, 73(6), 74(4), 75(8)” ;

(b) in subsection (5)(b), the words “69, 73(6), 75(8) or” and the words from “or an order under section 74(4)” to the end;

(c) subsection (7).

In section 290(1)—

(a) in the definition of “building” , the words in parenthesis;

(b) the definition of “industrial development certificate” .

Schedules 12 and 13.

In Schedule 21—

(a) in Part I, the references to sections 250, 251(1) and 252;

(b) in Part II, the references to sections 79 to 81;

(c) in Part III, the references to sections 72 and 251(2) to (5);

(d) in Part V, the references to sections 72 and 73 to 86.

In Schedule 24, paragraphs 20A, 26 to 30 and 70.

In section 134—

(a) in subsection (1), the words “Subject to subsection (2) below,” ;

(b) subsection (2).

In Schedule 14, paragraphs 6 to 8.

In Schedule 15, paragraphs 1 and 16.

In Part I of Schedule 29, in the entry relating to section 65, the word “waste” .

Section 15(1)(b).

In Part II of Schedule 2, paragraph 7(1).

PART II

SCOTLAND

In section 29(2), in the proviso, the words “of sections 64 to 83” .

In section 63(1A), the words from “; and references” to “construed” .

Sections 64 to 83.

Section 85(8).

In section 136(3) the words from “or in respect of” to the end.

Section 140.

Section 154(4).

In section 158—

(a) Subsection (5).

(b) In subsection (7) the words from “and no compensation” to the end.

In section 169(4) the words from “and no account” to the end.

Section 174.

Section 180(2).

In section 226(5) the words from “and no compensation” to the end.

Section 231(2)(e).

In section 233(3), the words “(other than an order under section 203(1)(a) of this Act)” .

Sections 237 to 239.

In section 247(1)(d), the words from “in accordance” to “grants” .

In section 273—

(a) In subsection (4), the words “67, 71(6), 72(4), 73(8)” .

(b) In subsection (5) the words “67, 71(6), 73(8)” .

(c) Subsections (7) and (8).

In section 275(1)—

(a) In the definition of “building” the words “, except in sections 71 to 83 of this Act,” .

(b) the definition of “industrial development certificate” .

In Schedule 19—

(a) in Part I, the reference to sections 237, 238(1) and 239;

(b) in Part II, the references to sections 77 to 79 and 83;

(c) in Part III, the reference to section 70.

In Schedule 22, paragraphs 22 to 25 and 60.

In section 134(1) the words “Subject to subsection (2) below,” .

In Part I of Schedule 30, in the entry relating to section 63, the word “waste” .

Section 15(1)(b).

Paragraph 10 of Part II of Schedule 2.

Transitional Provisions

Section 21 of the Electricity Supply Act 1919 and section 34 of the Electricity Act 1957 shall continue to have effect as enacted immediately before the commencement date (and not as substituted or amended by section 44(1) and (2) of the Housing and Planning Act 1986) in relation to applications for consent or authorisation made before the commencement date.