Citation

1. This Order may be cited as the Housing Act 1996 (Commencement No. 12 and Transitional Provision) Order 1998.

Commencement

2. Subject to article 3, section 83 of the Housing Act 1996, to the extent that it does not, because of paragraph 1 of the Schedule to the Housing Act 1996 (Commencement No. 11 and Savings) Order 1997(2), already have effect, shall have effect from 11th August 1998 and come into force on that date.

Transitional Provision

3. No application may be made to a leasehold valuation tribunal under section 19(2A) or (2B) of, or paragraph 8 of the Schedule to, the Landlord and Tenant Act 1985(3) in respect of a matter in respect of which, before 1st September 1997,-

(a)court proceedings have been begun, or

(b)a reference to arbitration has been made,

but without prejudice to the operation of section 31C of that Act(4) (transfer of cases from county court) in relation to any question falling for determination in those court proceedings.

Explanatory Note

(This note is not part of the Order)

This Order brings section 83 of the Housing Act 1996 (determination of reasonableness of service charge and right to challenge landlord's choice of insurers) into force on 11th August 1998 to the extent that it does not already have effect (and subject to the transitional provision in article 3). Section 83 was brought into force by S.I. 1997/1851 (c. 75), subject to the savings in paragraph 1 of the Schedule to that instrument (cases where court proceedings or arbitration under way). The effect of this Order is to enable a court to refer matters which were the subject of court proceedings as at 1st September 1997 to a leasehold valuation tribunal.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by a commencement order made before the date of this Order.