The Housing and Regeneration Act has now received royal assent.
A full history of its passage through Parliament is here.
24/7 – the full text of the act is now up on the OPSI site [pdf]
Housing and Regeneration Bill
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Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London.
You can find him on Linkedin and on Bluesky. (No longer on Twitter). Known as NL round these parts.
Any idea when the controversial Schedule 10 will be commenced and become ‘active law’, oh seer?
BTW – I got a first for my recent dissertation criticising the drafting of schedule 10. Cool, eh?
@Simon: No idea. I couldn’t find the Act released yet or any commencement info. Anyway, if you did your dissertation on it, shouldn’t you be telling me? ;-)
OK found the act, now on OPSI – link above. Schedule 10 is to come into force:
“in relation to England, on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas,”
In fact the only set date is as follows:
The following provisions—
(a) sections 294, 304 to 307, 310, 312, 313 and 319 and Schedule 13, and
(b) section 321(1), and Schedule 16, so far as relating to the repeals in
sections 125D(2), 128(2) and 136(2) of, and paragraph 13(5) of Schedule
5 to, the Housing Act 1985 (c.68),
come into force at the end of the period of 2 months beginning with the day on which this Act is passed.”
Ah, glad OPSI got their act together quickly, thanks for the link, NL.
The Bill was at a fairly early stage whilst I was prepping my dissertation but hasn’t changed much. It’s the death knoll for the PPO though… it will essentially now be just a more expensive form of adjournment! Will we see SPOs making a return in their place, do you think? Or just DJs being happier in themselves to more frequently give outright possession orders, preferring to ‘exercise their discretion’ at stay application stage? If so, that will end up costing tenants more money in application fees! Bummer.
Goodbye happy compromise.
Woops! The Act didn’t deviate from the bill much apart from what was Schedule 10 is now Schedule 11!
My bad.
Do we have any commencement dates yet?
Simon,
Let’s hope you’re right about the demise of the ghastly PPO, if ever there was a judicial perversion-diversion of a social housing budget, that was it.
There’s nothing to suggest the will be any more disposed to granting OPOs as they were before, is there? DJs will probably carry on as they did pre-H-v-Hall and the SPO should remain the order of choice.
Come on, any subsequent costs incurred by non-compliance with c/r + the price of McD can’t really be put down to the sloppy penmanship of the draftsman.
Claire – the wise money’s on a September commencement.
Commencement for most of it, including the tolerated trespasser provisions is apparently aimed for 6 April 2009.