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(The document as of February, 2008) Statutory Instruments2007 No. 2471 (C. 90)Housing, England and walesThe Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007Made 17th August 2007 The Secretary of State, in exercise of the powers conferred by section 270(6) and (8) of the Housing Act 2004(1), makes the following Order: Citation and application1. --(1)В This Order may be cited as the Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007. (2)В This Order applies in relation to England and Wales. Commencement2. В В In so far as it is not already in force(2), Part 5 of (and Schedule 8 to) the Housing Act 2004 shall come into force on 10th September 2007 in relation to the types of property described in article 3(1), and to the extent specified in article 3(2). Application of Part 5 of the Housing Act 2004 to residential properties with three bedrooms3. --(1)В The types of property referred to in article 2 are-- (a) a residential property which-- (i) is physically complete at the first point of marketing; and (ii) has three bedrooms; and (b) a residential property which-- (i) is not physically complete at the first point of marketing; and (ii) is expected to have three bedrooms once physically complete, other than a property to the construction of which regulation 17C of the Building Regulations 2000(3) applies. (2)В The duties under sections 155 to 159 of the Housing Act 2004 shall apply subject to the Home Information Pack (No.2) Regulations 2007(4). Interpretation of article 3(2)4. В В In article 3-- (a) a residential property shall be regarded as having or expected to have three bedrooms if the manner in which the property is marketed indicates that it has or is expected to have three bedrooms; (b) "first point of marketing" shall be construed in accordance with regulation 3 of the Home Information Pack (No.2) Regulations 2007; and (c) "physically complete" shall be construed in accordance with regulation 2(3) of the Home Information Pack (No.2) Regulations 2007. Kay Andrews Parliamentary Under Secretary of State Department for Communities and Local Government 17th August 2007 EXPLANATORY NOTE(This note is not part of the Order) This Order brings Part 5 of (and Schedule 8 to) the Housing Act 2004 into force in England and Wales on 10th September 2007. These provisions relate to home information packs. They are being brought into force in relation to residential properties with three bedrooms, other than properties to which regulation 17C (which imposes minimum energy performance requirements) of the Building Regulations 2000 applies. Part 5 of the Housing Act 2004 already applies in relation to properties with four bedrooms or more by virtue of the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007 (S.I. 2007/1668). Once in force, the provisions will apply to a residential property with three bedrooms unless it is excepted under Part 6 of the Home Information Pack (No.2) Regulations 2007. NOTE AS TO EARLIER COMMENCEMENT ORDERS(This note is not part of the Order) The following provisions of the Housing Act 2004 have been brought into force in England by commencement orders made before the date of this Order:
The following provisions of the Housing Act 2004 have been brought into force in Wales by commencement orders made before the date of this Order:
2004 c.34. The power conferred by section 270(6) is exercisable by the Secretary of State as respects both England and Wales. Back [1] ( 2 )Under section 270(2) of the Housing Act 2004, sections 161 to 164, 176 and any other provision conferring powers to make an order or regulations, came into force on the day the Act was passed. Part 5 of (and Schedule 8 to) the Housing Act 2004 were brought into force with application to properties having four bedrooms or more by the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007 (S.I. 2007/1668, C.66). Back [2] ( 3 )S.I. 2000/2531. Regulation 17C was inserted by S.I. 2006/652. Back [3] ( 4 )S.I. 2007/1667. Back [4] -- Back --
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