The Commonhold and Leasehold Reform Act 2002 (Commencement No. 1, Savings and Transitional Provisions) (Wales) Order 2002

• Citation: S.I. 2002/3012 (W.)
• Sections: 9

Section 1 Citation, interpretation and extent

(1) This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No. 1, Savings and Transitional Provisions) (Wales) Order 2002.

(2) In this Order—

“the 1967 Act ” (“ Deddf 1967 ”) means the Leasehold Reform Act 1967 ;

“the 1993 Act ” (“ Deddf 1993 ”) means the Leasehold Reform, Housing and Urban Development Act 1993 ;

“the commencement date” (“ y dyddiad cychwyn ”) means 1st January 2003; and

references to sections and schedules are, unless otherwise stated, references to sections of, and Schedules to, the Commonhold and Leasehold Reform Act 2002.

(3) This Order applies to Wales only.

Section 2 Provisions coming into force on the commencement date

The following provisions of the Commonhold and Leasehold Reform Act 2002 shall come into force on the commencement date—

(a) sections 114, 129, 132, 133, 137 and 142;

(b) subject to the transitional provisions and savings in Schedule 2 to this Order—

(i) sections 115 to 120, 125, 127, 128, 130, 131, 134 to 136, 138 to 141, 143 to 147, 160 to 162; and

(ii) section 180 in so far as it relates to those of the repeals in Schedule 14 which are set out in Schedule 1 to this Order;

(c) sections 74, 78, 80, 84, 92, 110, 122, 151 to 153, 156, 164, 166, 167, 171, 174 and Schedule 12, in so far as they confer power to make regulations.

Section 1 Collective enfranchisement by tenants of flats

The amendments made to the 1993 Act by sections 115 to 120, 125 and 127 to 128 and the repeals in Part 1 of Schedule 1 to this Order shall not have effect in relation to an application for collective enfranchisement in respect of which—

(a) a notice was given under section 13 of the 1993 Act; or

(b) an application was made for an order under section 26 of that Act before the commencement date.

Section 2 Collective enfranchisement by tenants of flats

Until the coming into force of sections 121 to 124, in a case where there are only two qualifying tenants of flats contained in the premises, section 13(2)(b) of the 1993 Act as amended by section 119, shall not be satisfied unless both tenants are participating tenants as defined in section 14 of that Act.

Section 3 Collective enfranchisement by tenants of flats

Sub-paragraph (2A) of paragraph 4 of Schedule 6 to the 1993 Act inserted by section 128, shall, until the coming into force of sections 121 to 124, have effect as if the reference to participating members were a reference to participating tenants as defined in section 14 of that Act.

Section 4 New leases for tenants of flats

The amendments made to the 1993 Act by sections 130, 131 and 134 to 136, the repeals to sections 5, 7, 8 and 8A of that Act in Part 1 of Schedule 1 to this Order and the repeals in Part 2 of that Schedule shall not have effect in relation to an application for a new lease of a flat in respect of which—

(a) a notice was given under section 42 of the 1993 Act, or

(b) an application was made for an order under section 50 of that Act

before the commencement date.

Section 5 Enfranchisement and lease extensions for leasehold houses

The amendments made to the 1967 Act by sections 138 to 141 and sections 143 to 147 and the repeals in Part 3 of Schedule 1 to this Order, shall not have effect in relation to an application for enfranchisement or an extended lease of a house in respect of which—

(a) a notice was given under section 8 or 14 of the 1967 Act, or

(b) an application was made under section 27 of that Act

before the commencement date.

Section 6 Managers appointed by leasehold valuation tribunal

Amendments made to the Landlord and Tenant Act 1987 by sections 160 and 161 shall not have effect in relation to an application made under Part II of the Landlord and Tenant Act 1987 before the commencement date.

Section 7 Grounds for application to vary a lease

The amendments made to the Landlord and Tenant Act 1987 by section 162 shall not have effect in respect of an application made under section 35 of the Landlord and Tenant Act 1987 before the commencement date.