[8th July 1926]

1 Sheriff officer to have the powers of a messenger-at-arms in certain places.
In any countysheriff court districtin which there is no resident messenger-at-arms, or in any of the islands of Scotland, a sheriff officer duly authorised to practice in any part of the sheriffdom comprising such countysheriff court districtor island shall have all the powers of a messenger-at-arms in regard to the service of any summons, writ, citation or other proceeding or to the execution of or diligence on, any decree warrant or order.

2 Execution of arrestment or charge by registered letter in certain cases.
(1) It shall be competent to execute by registered letter in accordance with the provisions hereinafter contained:—
(a) an arrestment proceeding on any warrant or decree of the sheriff in a summary cause, or
(b) a charge upon a decree for payment of money, granted by the sheriff in a summary cause, if the place of execution is in any of the islands of Scotland or in any sheriff court districtin which there is no resident sheriff officer, or is more than twelve miles distant from the seat of the court where such decree was granted.
(2) The following provisions shall apply to the execution by registered letter of an arrestment or charge in pursuance of the foregoing provisions of this section:—
(a) A registered letter containing the writ or other document to be served shall be sent by post to the known residence or place of business of the person in whose hands the arrestment is to be used (hereinafter referred to as the arrestee) or against whom the charge is to be executed (hereinafter referred to as the debtor) or to the last known address of such arrestee or debtor if it continues to be his legal domicile or proper place of citation:
(b) The registered letter may be sent by a sheriff officer who would be entitled to execute the arrestment or the charge according to the law and practice existing at the passing of this Act, or by a messenger-at-arms resident in the sheriffdom in which the place of execution is situated, or, if there is no sheriff officer, or messenger-at-arms resident in the sheriffdom, by a solicitor:
(c) On the back of the registered letter besides the address there shall be written or printed the following notice or a notice to the like effect:— “If delivery of this letter cannot be made, it is to be returned immediately to give the name and address of solicitor, messenger-at-arms or sheriff officer concerned”:
(d) The execution to be returned shall be accompanied by the Post Office receipt for the registered letter:
(e) Delivery of a registered letter sent in accordance with the foregoing provisions shall constitute a valid arrestment in the hands of the arrestee, or a valid execution of the charge against the debtor as the case may be as at the time of such delivery, and where in any proceedings in which the validity of such arrestment or of such charge is in question there is produced an acknowledgment or certificate of the delivery of the registered letter issued by a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in pursuance of any provision contained in a scheme made under section 89 of the Postal Services Act 2000, the letter shall be presumed to have been delivered to the arrestee or to the debtor at the address and on the date specified in such acknowledgment or certificate, unless it shall be proved by the arrestee or the debtor or any person having an interest that the registered letter was never in fact delivered to or received by the arrestee or the debtor as the case may be, or any person with his authority, express or necessarily implied, or was so delivered on some other day:
(f) Where, in any proceedings in which the validity of any such arrestment or of such charge is in question, it is proved that the registered letter sent in pursuance of the foregoing provisions was duly tendered at the proper address of the arrestee or the debtor, but was refused by him or by some person with his authority, express or necessarily implied; the Court may if it shall think fit hold such tender and refusal equivalent to delivery of the registered letter for the purposes of this section:
(g) The provisions ofrule 6.1 in the First Schedule to the Sheriff Courts (Scotland) Act 1907, shall not apply to service of a schedule of arrestment in accordance with the foregoing provisions.

3 Authorisation by sheriff to do diligence in certain cases.
Where an extract decree or warrant granted by any court in Scotland is presented to the sheriff within whose jurisdiction such decree or warrant requires to be executed, and the sheriff is satisfied that no messenger-at-arms or sheriff officer is reasonably available to execute such decree or warrant, the sheriff may, if he shall think fit, grant authority to any person whom he may deem suitable (but not including the solicitor of the party presenting the extract decree or warrant) to execute such decree or warrant, and the person so authorised shall as regards any diligence or execution competent on such decree or warrant have all the powers of a messenger-at-arms or sheriff officer.

4 Meaning of “enrolled law agent” in 45 & 46 Vict. c. 77.
For the purposes of section three of the Citation Amendment (Scotland) Act 1882, the expression “enrolled law agent” shall mean—
(a) in the case of a summons, warrant or judicial intimation issued from the Court of Session, a law agent whose name is on the roll of law agents practising before such court kept in pursuance of section twelve of the Law Agents (Scotland) Act 1873; and
(b) in the case of a summons, warrant or judicial intimation issued from the sheriff court, a law agent whose name is on the roll, kept in pursuance of section thirteen of the said Act, of law agents practising in any sheriff court of the sheriffdom in which the summons, warrant or judicial intimation is to be executed.

5 Interpretation.
In this Act, unless the context otherwise requires, the expression . . . . . . , the expression “arrestment” shall include arrestment on the dependence, arrestment in security, and arrestment in execution, but shall not include arrestment to found jurisdiction; a law agent shall be deemed to be enrolled in a sheriffdom if his name is on the roll, kept in pursuance of section thirteen of the Law Agents (Scotland) Act 1873, of law agents practising in any of the sheriff courts in that sheriffdom.

6 Regulations, forms and fees.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Short title.
This Act may be cited as the Execution of Diligence (Scotland) Act 1926.


[25th July 1973]

1 The Nature Conservancy Council.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Science and Technology Act 1965 (in this Act referred to as “the 1965 Act”) shall have effect subject to the amendments set out in Schedule 2 to this Act, being amendments consequential on the establishment of the Council.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) The administrative and supplementary provisions contained in Schedule 3 to this Act shall have effect with respect to the Council.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Short title, repeals and extent.
(1) This Act may be cited as the Nature Conservancy Council Act 1973.
(2) The enactments specified in Schedule 4 to this Act are hereby repealed to the extent mentioned in column 3 of that Schedule.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . this Act does not extend to Northern Ireland.

SCHEDULES
Section 1.

SCHEDULE 1 Amendments of Enactments Consequential on Transfer of Statutory Functions to Council

National Parks and Access to the Countryside Act 1949
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2(1)For subsection (1) of section 103 of that Act (general provisions as to acquisition of land) there shall be substituted the following subsection—
“(1)Any power conferred by this Act on the Nature Conservancy Council or a local authority to acquire land compulsorily shall be exercisable in any particular case on their being authorised so to do by the Secretary of State.”
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deer (Scotland) Act 1959
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water Resources Act 1963
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tees Valley and Cleveland Water Act 1967
8 In section 3(1) of the Tees Valley and Cleveland Water Act 1967 (interpretation) for the definition of “research council” there shall be substituted the following definition:— “research council” means the Nature Conservancy Council ; ”.

Countryside Act 1968
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conservation of Seals Act 1970
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chichester Harbour Conservancy Act 1971
11 In section 11(3) of the Chichester Harbour Conservancy Act 1971 (constitution of the Chichester Harbour Conservancy Advisory Council) for paragraph (e) there shall be substituted the following paragraph:—
“(e) one shall be appointed on the nomination of the Nature Conservancy Council ;”.

Badgers Act 1973
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medway Ports Authority Act 1973
13 In section 93 of the Medway Ports Authority Act 1973 (protection of Nature Conservancy) after the words “Nature Conservancy” there shall be added the word “Council”.
Section 1.

SCHEDULE 2 Amendments of 1965 Act Consequential on Establishment of Council
1 In section 1(3) of the 1965 Act (which sets out the objects of the Natural Environment Research Council) the words “and the establishment, maintenance and management of nature reserves” shall cease to have effect.
2 For subsection (3) of section 3 of that Act (re-allocation of activities connected with scientific research) there shall be substituted the following subsection:—
“(3)The Natural Environment Research Council shall carry on the former activities of the National Oceanographic Council.”
3 Subsection (4) of the said section 3 shall cease to have effect.
Section 1.

SCHEDULE 3 Administrative and Supplementary Provisions Relating to Council

Part I. . .

. . .
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . .
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . .
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . .
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . .
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II. . .

House of Commons Disqualification Act 1957
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation Act 1965
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Transitional
21(1)The Secretary of State may at any time by order made by statutory instrument make such incidental, consequential transitional or supplementary provision as may appear to him to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto, and nothing in any other provision of this Act shall be construed as prejudicing the generality of this sub-paragraph.
(2) An order under this paragraph may include provision for the transfer of rights, liabilities and obligations to the Council in connection with the transfer to them of functions discharged by the Natural Environment Research Council before the day appointed by section 1(7) above, and may in particular provide—
(a) for the transfer and management or custody of property, whether real or personal, and in Scotland whether heritable or moveable, held by the Natural Environment Research Council wholly or partly for the purpose of any such function; and
(b) for treating anything duly done by that Council in the exercise of any such function before the said appointed day as having been duly done by the Nature Conservancy Council and treating any instrument made before that day by the Natural Environment Research Council, if or so far as it was made in the exercise of any such function, as continuing in force on and after that day until varied or revoked by the Nature Conservancy Council.
(3) Subject to sub-paragraph (4) below, any agreement, appointment, licence, byelaws, authorisation or other instrument in writing made or granted or treated by virtue of any enactment as having been made or granted by or to or in relation to the Natural Environment Research Council in connection with the discharge of any such function shall, as from the said appointed day, be treated as having been made or granted by, to or in relation to the Nature Conservancy Council.
(4) Sub-paragraph (3) above is without prejudice to any provision made by an order under this paragraph, but has effect subject to any provision to the contrary made by such an order and in particular may be excluded by such an order from applying either wholly or to any specified extent in any particular case.
Section 5.

SCHEDULE 4 REPEALS
Chapter                     Short Title                                                 Extent of Repeal
12, 13 & 14 Geo. 6. c. 97.  The National Parks and Access to the Countryside Act 1949.  Section 25.
1965 c. 4.                  The Science and Technology Act 1965.                        In section 1(3), the words “and the establishment, maintenance and management of nature reserves”.
                                                                                Section 3(4).
                                                                                In Schedule 2, the entries relating to the Protection of Bird Act 1954, the Deer (Scotland) Act 1959 and the Deer Act 1963.


[7 April 2021]
Having been passed by Senedd Cymru and having received the assent of Her Majesty, it is enacted as follows:

Landlord's notice: minimum notice periods

1 Landlord's notice under periodic standard contract: minimum notice period
(1) The Renting Homes (Wales) Act 2016 (anaw 1) (“the 2016 Act”) is amended as follows.
(2) In section 174 (notices under section 173: minimum notice period)—
(a) in subsection (1), for “two months” substitute “ six months ”;
(b) for subsection (2) substitute—
“(2)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts, except periodic standard contracts which—
(a) do not incorporate section 173 as a term of the contract, or
(b) are within Schedule 8A (whether or not they incorporate section 173 as a term of the contract).”
(3) After section 174, insert—

“174AMinimum notice period: periodic standard contracts within Schedule 8A
(1) If a periodic standard contract is within Schedule 8A, the date specified in a notice under section 173 may not be less than two months after the day on which the notice is given to the contract-holder.
(2) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which—
(a) incorporate section 173 as a term of the contract, and
(b) are within Schedule 8A.”

2 Landlord's break clause under fixed term standard contract: minimum notice period
(1) The 2016 Act is amended as follows.
(2) In section 195 (landlord's break clause: minimum notice period)—
(a) in subsection (1), for “two months” substitute “ six months ”;
(b) for subsection (2) substitute—
“(2)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—
(a) do not have a landlord's break clause, or
(b) are within Schedule 8A (whether or not they have a landlord's break clause).”
(3) After section 195 insert—

“195AMinimum notice period: fixed term standard contracts within Schedule 8A
(1) If a fixed term standard contract is within Schedule 8A, the date specified in a notice under a landlord's break clause may not be less than two months after the day on which the notice is given to the contract-holder.
(2) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts which—
(a) have a landlord's break clause, and
(b) are within Schedule 8A.”

3 Standard contracts with minimum notice period of two months
Schedule 1 inserts a new Schedule 8A into the 2016 Act, setting out standard contracts which can be terminated by the landlord on giving two months' notice.

When landlord's notice may be given

4 Landlord's notice under periodic standard contract: when notice may be given
(1) In section 175 of the 2016 Act (restrictions on giving notice under section 173 in first four months of occupation)—
(a) in subsection (1), for “four months” substitute “ six months ”;
(b) in subsection (2), for “four months” substitute “ six months ”.
(2) The heading of section 175 becomes “ Restriction on section 173: notice may not be given until after the first six months of occupation ”.

5 Landlord's break clause under fixed term standard contract: when notice may be given
(1) In section 196 of the 2016 Act (restrictions on use of landlord's break clause in first four months of occupation)—
(a) in subsection (1), for “four months” substitute “ 18 months ”;
(b) omit subsections (2) and (3).
(2) The heading of section 196 becomes “ Restriction on use of landlord's break clause until after the first 18 months of occupation ”.

Giving and withdrawing landlord's notice

6 Restrictions on giving notice under section 173 or 186 or under a landlord's break clause: breaches of statutory obligations
(1) The 2016 Act is amended as follows.
(2) For section 176 (restrictions on giving notice under section 173: information requirements) substitute—

“176Restrictions on giving notice under section 173: breaches of statutory obligations
Schedule 9A imposes restrictions on the giving of notice under section 173, related to breaches of certain statutory obligations.”
(3) After section 186 (landlord's notice in connection with end of fixed term) insert—

“186ARestrictions on giving notice under section 186: breaches of statutory obligations
Schedule 9A imposes restrictions on the giving of notice under section 186, related to breaches of certain statutory obligations.”
(4) For section 197 (restrictions on giving notice under a landlord's break clause: information requirements) substitute—

“197Restrictions on use of landlord's break clause: breaches of statutory obligations
Schedule 9A imposes restrictions on the giving of notice under a landlord's break clause, related to breaches of certain statutory obligations.”
(5) In the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)—
(a) for section 20 (restrictions on terminating contracts), substitute—

“20Restrictions on terminating standard occupation contracts
Schedule 9A to the Renting Homes (Wales) Act 2016 (anaw 1) includes provision relating to standard occupation contracts preventing a landlord from giving a notice seeking possession of a dwelling under section 173 or 186 of that Act, or under a landlord's break clause, if the landlord has not complied with provisions of this Act relating to prohibited payments and retained holding deposits.”;
(b) omit Schedule 3 (which provides for the insertion of sections 177A, 186A to 186C and 198A into the 2016 Act, and other related amendments to that Act).
(6) Schedule 2 inserts a new Schedule 9A into the 2016 Act, which—
(a) replicates the restrictions on the giving of notices seeking possession set out in sections 176 to 177A, 186A to 186C and 197 to 198A of the 2016 Act as they stood before being amended or omitted by virtue of this Act, and
(b) includes a power to amend Schedule 9A.

7 Restrictions on giving further landlord's notices under periodic standard contract
For section 177 of the 2016 Act (restrictions on giving notice under section 173: security and deposit requirements) substitute—

“177Restrictions on giving further notices under section 173
(1) Subsections (2) and (3) apply where—
(a) a landlord has given a contract-holder a notice under section 173 (“the first notice”), and
(b) the landlord has subsequently withdrawn the notice (see section 180(3)).
(2) The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the first notice was withdrawn, other than in accordance with subsection (3).
(3) The landlord may give one more notice under section 173 to the contract-holder during the period of 28 days starting with the day on which the first notice was given.
(4) Subsection (5) applies where—
(a) a landlord has given a contract-holder a notice under section 173, and
(b) the period for making a possession claim on the ground in section 178 has ended without the landlord having made a claim.
(5) The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the last day of the period before the end of which the landlord could have made the claim (see section 179(1)(b)).
(6) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract.”

8 Withdrawal of notice under section 173 and under a landlord's break clause
(1) The 2016 Act is amended as follows.
(2) In section 180 (termination of contract on landlord's notice), in subsection (3), for the words from “, before the contract ends” to the end substitute “—
(a) before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or
(b) before the contract ends, and after the end of the period of 28 days starting with day on which the notice was given—
(i) the landlord withdraws the notice by giving further notice to the contract-holder, and
(ii) the contract-holder does not object to the withdrawal in writing before the end of a reasonable period.”
(3) In section 201 (termination of contract under landlord's break clause), in subsection (3), for the words from “, before the contract ends” to the end substitute “—
(a) before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or
(b) before the contract ends, and after the end of the period of 28 days starting with the day on which the notice was given—
(i) the landlord withdraws the notice by giving further notice to the contract-holder, and
(ii) the contract-holder does not object to the withdrawal in writing before the end of a reasonable period.”

9 Restriction on giving notice under section 173 and under landlord's break clause following retaliatory possession claim
(1) The 2016 Act is amended as follows.
(2) After section 177 (inserted by section 7) insert—

“177ARestriction on giving notice under section 173 following retaliatory possession claim
(1) Subsection (2) applies where—
(a) a landlord (having given a contract-holder a notice under section 173) has made a possession claim on the ground in section 178, and
(b) the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).
(2) The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.
(3) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract.”
(3) For section 198 of the 2016 Act (restrictions on giving notice under landlord's break clause: security and deposit requirements) substitute—

“198Restriction on use of landlord's break clause following retaliatory possession claim
(1) Subsection (2) applies where—
(a) a landlord (having given a contract-holder a notice under a landlord's break clause) has made a possession claim on the ground in section 199, and
(b) the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).
(2) The landlord may not give another notice under a landlord's break clause to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.
(3) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.”

Further provision about termination of fixed term standard contracts

10 Notice in connection with end of term of fixed term standard contracts restricted to certain contracts
(1) Section 186 of the 2016 Act (landlord's notice in connection with end of fixed term) is amended as follows—
(a) in subsection (1), after “fixed term standard contract” insert “ which is within Schedule 9B ”;
(b) omit subsection (2);
(c) in subsection (3), for “Subject to subsection (2), the” substitute “ The ”;
(d) omit subsection (4);
(e) in subsection (8) for the words from “; subsections (2)” to the end substitute “ which are within Schedule 9B. ”
(2) In the heading of section 186, at the end insert “ of contract within Schedule 9B ”.
(3) Schedule 3 inserts a new Schedule 9B into the 2016 Act (after Schedule 9A, inserted by section 6), setting out fixed term standard contracts to which section 186 of that Act applies.

11 Landlord's break clause restricted to certain fixed term standard contracts
(1) In section 194 of the 2016 Act (landlord's break clause)—
(a) in subsection (1) after “fixed term standard contract” insert “ which is within subsection (1A) ”;
(b) after subsection (1), insert—
“(1A)A fixed term standard contract is within this subsection if—
(a) it is made for a term of two years or more, or
(b) it is within Schedule 9C (whether or not it is made for a term of two years or more).”
(2) Schedule 4 inserts a new Schedule 9C into the 2016 Act (after Schedule 9B, inserted by section 10), setting out fixed term standard contracts which may contain a landlord's break clause regardless of whether they are for a term of less than two years.

Variation of periodic standard contracts

12 Landlord's request to vary periodic standard contract terms: removal of additional notice procedure
(1) The 2016 Act is amended as follows.
(2) In section 125 (variation of contract)—
(a) in subsection (1)—
(i) for “127)—” substitute “ 127) by agreement between the landlord and the contract-holder. ”;
(ii) omit paragraphs (a) and (b);
(b) in subsection (2) omit the words from “; but subsection (1)(b)” to the end.
(3) Omit section 126 (variation by landlord: notice procedure).
(4) In section 173 (landlord's notice), omit subsection (3).

Temporary exclusion of contract-holder from dwelling under standard contract

13 Power to restrict right to exclude contract-holder from dwelling for specified periods
(1) The 2016 Act is amended as follows.
(2) In section 121 (exclusion of contract-holder under periodic standard contract from dwelling for specified periods), after subsection (2) insert—
“(3)The Welsh Ministers may by regulations amend this Act for the purpose of—
(a) providing that subsection (1) does not apply in relation to periodic standard contracts of a particular description;
(b) providing that subsection (1) applies only in relation to periodic standard contracts of a particular description;
(c) changing, or imposing limits on, what may be provided for or specified in a periodic standard contract under subsection (1) or (2) (either generally or in relation to periodic standard contracts of a particular description);
(d) specifying circumstances (either generally or in relation to periodic standard contracts of a particular description) in which a periodic standard contract may or may not include provision under subsection (1);
(e) imposing requirements on a landlord in relation to the inclusion in a periodic standard contract of provision under subsection (1).”
(3) In section 133 (exclusion of contract-holder under fixed term standard contract from dwelling for specified periods), after subsection (2) insert—
“(3)The Welsh Ministers may by regulations amend this Act for the purpose of—
(a) providing that subsection (1) does not apply in relation to fixed term standard contracts of a particular description;
(b) providing that subsection (1) applies only in relation to fixed term standard contracts of a particular description;
(c) changing, or imposing limits on, what may be provided for or specified in a fixed term standard contract under subsection (1) or (2) (either generally or in relation to fixed term standard contracts of a particular description);
(d) specifying circumstances (either generally or in relation to fixed term standard contracts of a particular description) in which a fixed term standard contract may or may not include provision under subsection (1);
(e) imposing requirements on a landlord in relation to the inclusion in a fixed term standard contract of provision under subsection (1).”

Miscellaneous

14 Miscellaneous amendments to the 2016 Act
Schedule 5 provides for miscellaneous amendments to the 2016 Act.

15 Service charges permitted by the Renting Homes (Fees etc.) (Wales) Act 2019 etc.
(1) In Schedule 1 to the 2019 Act (permitted payments), after paragraph 10 insert—
“Service charges payable to community landlords etc.
10A(1)A payment of a service charge is a permitted payment if—
(a) it is required under a standard occupation contract, and
(b) the landlord is a community landlord.
(2) But sub-paragraph (1) does not apply in relation to—
(a) a standard occupation contract within paragraph 15 of Schedule 3 to the 2016 Act (accommodation which is not social accommodation), or
(b) a standard occupation contract mentioned in sub-paragraph (3).
(3) A payment of a service charge is a permitted payment if it is required under a standard occupation contract within section 143 of the 2016 Act (contracts relating to supported accommodation).
(4) For the purposes of this paragraph—
  * “2016 Act” (“Deddf 2016”) means the Renting Homes (Wales) Act 2016 (anaw 1);
  * “community landlord” (“landlord cymunedol”) has the meaning given by section 9 of the 2016 Act;
  * “service charge” (“tâl gwasanaeth”) does not include a charge for a service where the payment for the charge would be permitted by virtue of another paragraph of this Schedule, and in relation to sub-paragraph (3) only, includes charges for the provision of support services;
  * “support services” (“gwasnaethau cymorth”) has the meaning given by section 143 of the 2016 Act (see, in particular, subsection (4) of that section).”
(2) In section 4 of the 2019 Act, after subsection (2)(h) insert—
“(i)service charges;”.
(3) In regulation 3 of the transitional provision Regulations—
(a) in the words before sub-paragraph (a), after “section 20,” insert “ and sub-paragraphs (2) to (3B) of paragraph 10A of Schedule 1, ”;
(b) omit the “and”at the end of sub-paragraph (d);
(c) after that sub-paragraph insert—
“(da)paragraph 10A of Schedule 1 to the Act is to be read as if—
(i) for sub-paragraph (2) there were substituted—
“(2)But sub-paragraph (1) does not apply in relation to—
(a) a standard occupation contract where the allocation rules (within the meaning of paragraph 15 of Schedule 3 to the 2016 Act) did not apply to the making of the contract, or
(b) a standard occupation contract mentioned in sub-paragraph (3).”;
(ii) for sub-paragraph (3) there were substituted—
“(3)A payment of a service charge is a permitted payment if it is required under a standard occupation contract which relates to supported accommodation.”;
(iii) after sub-paragraph (3) there were inserted—
“(3A)For the purposes of sub-paragraph (3) accommodation is “supported accommodation” if—
(a) it is provided by a community landlord or registered charity (within the meaning of the 2016 Act),
(b) the landlord or charity (or a person acting on behalf of the landlord or charity) provides support services to a person entitled to occupy the accommodation, and
(c) there is a connection between provision of the accommodation and provision of the support services.
(3B) But accommodation in a care institution (within the meaning of paragraph 4 of Schedule 2 to the 2016 Act) is not supported accommodation.”, and”.
(4) The amendments made by subsections (1), (2) and (3) of this section are to be treated for all purposes as if they came into force on 1 September 2019, except that—
(a) any notice given in contravention of section 20(1) of the 2019 Act (as modified by the transitional provision Regulations) before the coming into force of this section is to continue to be treated as having been given in contravention of that section of the 2019 Act, and
(b) any order made before the coming into force of this section under section 22(1) of the 2019 Act (orders for recovery of prohibited payments) continues to have effect.
(5) Subsection (6) applies where—
(a) before the coming into force of this section a landlord under an assured shorthold tenancy has required payment of a service charge in connection with the tenancy, and
(b) by virtue of subsection (4) of this section the payment required by the landlord is a permitted payment for the purposes of the 2019 Act (see section 4 of that Act).
(6) The landlord may not give a section 21 notice in respect of the dwelling-house let on the tenancy during the period of 6 months beginning with the day on which this section comes into force.
(7) In this section—
  * “2019 Act” (“Deddf 2019”) means the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2);
  * “assured shorthold tenancy” (“tenantiaeth fyrddaliadol sicr”) has the same meaning as in the Housing Act 1988 (“the 1988 Act”);
  * “section 21 notice” (“hysbysiad adran 21”) means a notice under subsection (1)(b) or (4)(a) of section 21 of the 1988 Act;
  * “the transitional provision Regulations” (“y Rheoliadau darpariaeth drosiannol”) means the Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151).

16 Fee for further copy of written statement to be a permitted payment
(1) The Renting Homes (Fees etc.) (Wales) Act 2019 is amended as follows.
(2) In Schedule 1 (permitted payments), after paragraph 10A insert—
“Payment for further copy of written statement
10BA payment of a reasonable fee for a further written statement of a standard occupation contract is a permitted payment.”
(3) In section 4, after subsection (2)(i) insert—
“(j)payments in respect of further copies of a written statement.”

General

17 Interpretation
In this Act—
(a)“standard contract” means—
(i) a periodic standard contract under the 2016 Act;
(ii) a fixed term standard contract under that Act,
as to which, see section 8 of the 2016 Act;
(b)“the 2016 Act” means the Renting Homes (Wales) Act 2016 (anaw 1).

18 Minor and consequential amendments
Schedule 6 provides for amendments to the 2016 Act and to the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) which are minor or consequential.

19 Coming into force
(1) This section, section 15 and sections 17 and 20 come into force on the day after the day on which this Act receives Royal Assent.
(2) Paragraph 28 of Schedule 6 comes into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.
(3) The remaining provisions of this Act come into force two months after the day on which this Act receives Royal Assent.
(4) An order under subsection (2) may—
(a) make transitory, transitional or saving provision;
(b) appoint different days for different purposes.

20 Short title
The short title of this Act is the Renting Homes (Amendment) (Wales) Act 2021.
(introduced by section 3)

SCHEDULE 1NEW SCHEDULE 8A TO THE 2016 ACT

This Schedule sets out the new Schedule 8A to the 2016 Act, to be inserted after Schedule 8—
(introduced by sections 174, 174A, 195 and 195A)

“SCHEDULE 8ASTANDARD CONTRACTS WHICH CAN BE TERMINATED ON TWO MONTHS' NOTICE UNDER SECTION 173 OR A LANDLORD'S BREAK CLAUSE

Prohibited conduct standard contracts
1A prohibited conduct standard contract.

Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2
2A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation).

Accommodation for students in higher education
3(1)A standard contract where—
(a) the landlord is a higher education institution, and
(b) the right to occupy is conferred for the purpose of enabling the contract-holder to attend a course of study at that institution, or at another higher education institution (whether or not the right to occupy is also conferred for another purpose).
(2)“Higher education institution” means an institution in the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992 (c. 13)).

Supported accommodation
4A supported standard contract.

Accommodation for asylum seekers, etc.
5A standard contract made in order to provide accommodation under Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers, etc.).

Accommodation for homeless persons
6A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).

Service occupancy
7A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling.

Service occupancy: police
8A standard contract where—
(a) the contract-holder is a member of a police force, and
(b) the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service).

Service occupancy: fire and rescue services
9A standard contract where—
(a) the contract-holder is an employee of a fire and rescue authority,
(b) the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and
(c) the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.

Temporary accommodation: land acquired for development
10(1)A standard contract where—
(a) the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and
(b) the dwelling is used by the landlord as temporary housing accommodation pending development of the land.
(2)“Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).

Temporary accommodation: short-term arrangements
11A standard contract where—
(a) the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,
(b) the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,
(c) the lessor is not a community landlord, and
(d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.

Temporary accommodation: accommodation during works
12(1)A standard contract where—
(a) the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,
(b) the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and
(c) the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.
(2) In this paragraph, references to the contract-holder include references to the contract-holder's predecessor.
(3) For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract.

Power to amend Schedule
13 The Welsh Ministers may by regulations amend this Schedule.”
(introduced by section 6)

SCHEDULE 2NEW SCHEDULE 9A TO THE 2016 ACT

This Schedule sets out the new Schedule 9A to the 2016 Act, to be inserted (with the new Schedules 9B and 9C) after Schedule 9—
(introduced by sections 176, 186A and 197)

“SCHEDULE 9ASTANDARD CONTRACTS: RESTRICTIONS ON GIVING NOTICE UNDER SECTION 173, UNDER SECTION 186, AND UNDER A LANDLORD'S BREAK CLAUSE

PART 1 THE RESTRICTIONS

Failure to provide written statement

1A landlord may not give notice at a time when—
(a) the contract-holder has not been given a written statement of the contract under section 31(1) (requirement to provide written statement at the start of a contract), or
(b) the landlord is aware that the identity of the contract-holder has changed, and the new contract-holder has not been given a written statement of the contract under section 31(2) (requirement to give written statement to a new contract-holder).

Six month restriction following failure to provide written statement within the period specified in section 31

2A landlord who has failed to comply with section 31(1) or (2) may not give notice during the period of six months starting with the day on which the landlord gave a written statement of the contract to the contract-holder.

Failure to provide information

3A landlord may not give notice at a time when the landlord has not provided a notice required under section 39 (duty to provide information).

Breach of security and deposit requirements

4(1)A landlord may not give notice at a time when security required by the landlord in connection with the contract in a form not permitted by section 43 has not been returned to the person by whom it was given.
(2) A landlord may not give a notice at a time when any of sub-paragraphs (3) to (5) apply unless—
(a) a deposit paid in connection with the contract has been returned to the contract-holder (or any person who paid the deposit on the contract-holder's behalf) either in full or with such deduction as may have been agreed, or
(b) an application to the county court has been made under paragraph 2 of Schedule 5 and has been determined by the county court, withdrawn, or settled by agreement between the parties.
(3) This sub-paragraph applies if a deposit has been paid in connection with the contract but the initial requirements of an authorised deposit scheme have not been complied with.
(4) This sub-paragraph applies if a deposit has been paid in connection with the contract but the landlord has not provided the information required by section 45(2)(b).
(5) This sub-paragraph applies if a deposit paid in connection with the contract is not being held in accordance with an authorised deposit scheme.

Prohibited payments and holding deposits under the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)

5(1)A landlord may not give a notice at a time when—
(a) a prohibited payment (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) has been made in relation to the contract as described in section 2 or 3 of that Act, and
(b) that prohibited payment has not been repaid.
(2) A landlord may not give a notice at a time when—
(a) a holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) paid in relation to the contract has not been repaid, and
(b) the failure to repay the deposit amounts to a breach of the requirements of Schedule 2 to that Act.
(3) In determining for the purposes of this paragraph whether a prohibited payment or a holding deposit has been repaid, the payment or deposit is to be treated as having been repaid to the extent (if any) that it has been applied towards either or both of the following—
(a) a payment of rent under the contract;
(b) a payment required as security in respect of the contract.

Meaning of “notice”

6 In this Schedule, “notice” means notice under—
(a) section 173 (landlord's notice under a periodic standard contract);
(b) section 186 (landlord's notice in connection with end of fixed term);
(c) a landlord's break clause in a fixed term standard contract.

PART 2 FURTHER PROVISION

Fundamental provision

7(1)Part 1 of this Schedule is a fundamental provision which is incorporated as a term of all—
(a) periodic standard contracts which incorporate section 173 as a term of the contract,
(b) fixed term standard contracts which incorporate section 186 as a term of the contract, and
(c) fixed term standard contracts which have a landlord's break clause.
(2) Section 20 provides that Part 1 of this Schedule—
(a) must be incorporated, and
(b) must not be incorporated with modifications.

Power to amend Schedule

8 The Welsh Ministers may by regulations amend this Schedule.”
(introduced by section 10)

SCHEDULE 3NEW SCHEDULE 9B TO THE 2016 ACT

This Schedule sets out the new Schedule 9B to the 2016 Act, to be inserted (with the new Schedules 9A and 9C) after Schedule 9—
(introduced by section 186)

“SCHEDULE 9BFIXED TERM STANDARD CONTRACTS WHICH CAN BE TERMINATED BY GIVING NOTICE UNDER SECTION 186

Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2
1A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation).

Supported accommodation
2A supported standard contract.

Accommodation for asylum seekers, etc.
3A standard contract made in order to provide accommodation under Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers, etc.).

Accommodation for homeless persons
4A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).

Service occupancy
5A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling.

Service occupancy: police
6A standard contract where—
(a) the contract-holder is a member of a police force, and
(b) the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service).

Service occupancy: fire and rescue services
7A standard contract where—
(a) the contract-holder is an employee of a fire and rescue authority,
(b) the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and
(c) the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.

Temporary accommodation: land acquired for development
8(1)A standard contract where—
(a) the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and
(b) the dwelling is used by the landlord as temporary housing accommodation pending development of the land.
(2)“Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).

Temporary accommodation: short-term arrangements
9A standard contract where—
(a) the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,
(b) the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,
(c) the lessor is not a community landlord, and
(d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.

Temporary accommodation: accommodation during works
10(1)A standard contract where—
(a) the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,
(b) the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and
(c) the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.
(2) In this paragraph, references to the contract-holder include references to the contract-holder's predecessor.
(3) For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract.

Power to amend Schedule
11 The Welsh Ministers may by regulations amend this Schedule.”
(introduced by section 11)

SCHEDULE 4NEW SCHEDULE 9C TO THE 2016 ACT

This Schedule sets out the new Schedule 9C to the 2016 Act, to be inserted (with the new Schedules 9A and 9B) after Schedule 9—
(introduced by section 194)

“SCHEDULE 9CFIXED TERM STANDARD CONTRACTS WHICH MAY CONTAIN A LANDLORD'S BREAK CLAUSE EVEN IF MADE FOR A TERM OF LESS THAN TWO YEARS

Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2
1A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation).

Supported accommodation
2A supported standard contract.

Accommodation for asylum seekers, etc.
3A standard contract made in order to provide accommodation under Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers, etc.).

Accommodation for homeless persons
4A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).

Service occupancy
5A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling.

Service occupancy: police
6A standard contract where—
(a) the contract-holder is a member of a police force, and
(b) the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service).

Service occupancy: fire and rescue services
7A standard contract where—
(a) the contract-holder is an employee of a fire and rescue authority,
(b) the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and
(c) the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.

Temporary accommodation: land acquired for development
8(1)A standard contract where—
(a) the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and
(b) the dwelling is used by the landlord as temporary housing accommodation pending development of the land.
(2)“Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).

Temporary accommodation: short-term arrangements
9A standard contract where—
(a) the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,
(b) the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,
(c) the lessor is not a community landlord, and
(d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.

Temporary accommodation: accommodation during works
10(1)A standard contract where—
(a) the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,
(b) the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and
(c) the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.
(2) In this paragraph, references to the contract-holder include references to the contract-holder's predecessor.
(3) For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract.

Power to amend Schedule
11 The Welsh Ministers may by regulations amend this Schedule.”
(introduced by section 14)

SCHEDULE 5MISCELLANEOUS AMENDMENTS TO THE 2016 ACT

Introductory
1 The 2016 Act is amended as follows.

Modification and variation of fundamental provisions
2(1)In section 20 (incorporation and modification of fundamental provisions)—
(a) in subsection (1), in paragraph (b), omit “in the contract-holder's opinion,”;
(b) in subsection (2), in paragraph (b), omit “in the contract-holder's opinion,”.
(2) In section 108 (limitation on variation: secure contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder's opinion”.
(3) In section 127 (limitation on variation: periodic standard contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder's opinion”.
(4) In section 135 (limitation on variation: fixed term standard contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder's opinion”.

Editorial changes to written statement
3 In section 33 (editorial changes to written statement), in subsection (2) omit the words from “; for example” to the end.

Amendment of references to “the relevant date” in sections 110, 129 and 137
4 In subsection (7) of each of—
(a) section 110 (secure contracts: failure to provide written statement etc.),
(b) section 129 (periodic standard contracts: failure to provide written statement etc.), and
(c) section 137 (fixed term standard contracts: failure to provide written statement etc.),
for the words from “references” to the end substitute “, in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ””.

Secure tenancies that are housing association tenancies to be capable of becoming occupation contracts
5(1)In section 242 (interpretation of Chapter 3 of Part 10), in the definition of “secure tenancy”, omit the words from “, but it does not include a housing association tenancy” to the end.
(2) In Schedule 2 (exceptions to section 7), in paragraph 7 (tenancies and licences that are never occupation contracts), omit sub-paragraph (3)(d).

Power to make provision relating to the abolition of assured, secure and other tenancies
6(1)After section 239 (abolition of assured, secure and other tenancies) insert—

“239APower to make provision about certain tenancies and licences
(1) The Welsh Ministers may by regulations amend this Act for the purpose of—
(a) providing that certain provisions do not apply in relation to a tenancy or licence to which subsection (2) applies;
(b) making new provision which only applies to a tenancy or licence to which subsection (2) applies;
(c) making provision in relation to the end of the term of a long tenancy (within the meaning of paragraph 8 of Schedule 2).
(2) This subsection applies to any tenancy or licence which would, but for section 239, have been a tenancy or licence of the kind listed in subsection (1) of that section, or would have been treated as a tenancy or licence of that kind.
(3) Regulations under this section may make provision about tenancies or licences which are not, and cannot be, occupation contracts.”
(2) In section 256 (regulations), in subsection (4), after paragraph (g) insert—
“(ga)section 239A (power to make provision about certain tenancies and licences),”.

Dwellings on border between Wales and England
7 In section 246 (meaning of “dwelling”), in subsection (1) omit “wholly”.

Power to amend legislation enacted or made after the 2016 Act received Royal Assent
8 In section 255 (power to make consequential etc. provision), in subsection (2) omit the words from “enacted or made” to the end.

Removal of references to accommodation for displaced persons
9(1)In Schedule 3 (occupation contracts made with or adopted by community landlords which may be standard contracts), omit paragraph 5.
(2) In Schedule 9 (standard contracts to which limits in sections 175, 186(2) and 196 do not apply), omit paragraph 5.

Amendment to Schedule 3: student accommodation
10 In Schedule 3 (occupation contracts made with or adopted by community landlords which may be standard contracts), in paragraph 10(1), for “for the purpose of enabling” substitute “ for the sole purpose of enabling ”.

Minor amendments to the Welsh text
11(1)In section 61 (failure to comply with conditions imposed by head landlord), in the Welsh language text, in subsection (5) for “wedi ei wneud yn” substitute “wedi ei wneud mewn modd nad yw'n”.
(2) In section 163 (contract-holder's notice), in the Welsh language text, in subsection (2) for “meddiannaeth” substitute “ diogel ”.
(3) In section 165 (recovery of possession), in the Welsh language text, in subsection (3) for “meddiannaeth” substitute “ diogel ”.
(4) In section 236 (form of notices, statements and other documents), in the Welsh language text, in subsection (5) for “wedi ei ddilysu” substitute “ ardystiedig ”.
(5) In Schedule 11 (suitable alternative accommodation), in the Welsh language text, in paragraph 3, in sub-paragraph (2)(a), for “diogelwch meddiant iddo” substitute “sicrwydd iddo o ran meddiannaeth”.
(introduced by section 18)

SCHEDULE 6MINOR AND CONSEQUENTIAL AMENDMENTS

The 2016 Act
1 The 2016 Act is amended as follows.
2 In section 20 (incorporation and modification of fundamental provisions), in subsection (3)—
(a) omit paragraphs (k) to (o), and the “and” which follows paragraph (o);
(b) after paragraph (p), insert “, and
(q) Part 1 of Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause).”
3 In section 22 (powers in relation to fundamental provisions), omit subsection (3).
4 In section 34 (failure to provide written statement), after subsection (5) insert—
“(6)Paragraphs 1 and 2 of Schedule 9A make provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not provided a written statement of the contract under section 31(1) or (2).”
5 In section 37 (incorrect statement: contract-holder's application to court), in subsection (2), in paragraph (b) for “, 124(2) to (4) or 126(1) to (4)” substitute “ or 124(2) to (4) ”.
6 In section 39 (provision by landlord of information about landlord), for subsection (4) substitute—
“(4)Paragraph 3 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not provided a notice required under this section.
(5) Subsections (1) to (3) of this section are fundamental provisions which are incorporated as a term of all occupation contracts.”
7 In section 46 (deposit schemes: further provision), in subsection (2) for the words from “Sections 177 and 198 make” to “giving a notice” substitute “ Paragraph 4 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) ”.
8 In section 65 (extended possession order against sub-holder), in subsection (3), in paragraph (a) for the words from “copy” to “that section” substitute “ notice in accordance with section 64(2) ”.
9 In section 122 (variation), in subsection (1), in paragraph (a) for “126” substitute “ 125 ”.
10 In section 127 (limitation on variation: periodic standard contracts), in subsection (2)—
(a) in paragraph (b) omit “and section 177 (breach of deposit requirements)”;
(b) omit paragraph (i), and the “and” which follows it;
(c) after paragraph (j) insert “, and
(k) Part 1 of Schedule 9A (restrictions on giving landlord's notice under sections 173: breach of statutory obligations)”.
11 In section 128 (written statement of variation), in subsection (1) for “, 124(2) to (4) or 126(1) to (4)” substitute “ or 124(2) to (4) ”.
12 In section 135 (limitation on variation: fixed term standard contracts)—
(a) in subsection (2)—
(i) omit paragraphs (i) and (j) (but not the “and” which follows paragraph (j));
(ii) for paragraph (k) substitute—
“(k)Part 1 of Schedule 9A (restrictions on giving notice under section 186 and under a landlord's break clause: breach of statutory obligations).”;
(b) in subsection (6) omit the words from “, but subsection (2)(k)” to ”break clause”.
13 In section 147 (overview of Part 9), in table 1, in the right hand column of the entry for Chapter 1, for “section 161” substitute “ section 160 ”.
14 In section 150 (possession notices), in subsection (1)—
(a) after “contract-holder” insert “ under any of the following sections ”;
(b) at the end insert “—
(a) section 159 (in relation to a breach of contract by a contract-holder);
(b) section 161 (in relation to estate management grounds);
(c) section 166, 171 or 192 (in relation to a contract-holder's notice);
(d) section 182 or 188 (in relation to serious rent arrears under a standard contract).”
15 In section 175 (restriction on giving notice under section 173 in first four months of occupation), in subsection (4) omit the words from “and section 20” to the end.
16 In section 181 (serious rent arrears), in subsection (1), for “in serious rent arrears” substitute “ seriously in arrears with his or her rent ”.
17 In section 183 (relevance of events under fixed term standard contract to periodic standard contract arising at end of fixed term)—
(a) in subsection (1)—
(i) omit the “or” after paragraph (a);
(ii) after paragraph (b) insert “or
(c) a notice under a landlord's break clause,”;
(b) for subsection (2) substitute—
“(2)Sections 179 and 180—
(a) apply to a notice under section 186(1) as they apply to a notice under section 173, and
(b) apply to a possession claim made on the ground in section 186(5) in reliance on such a notice as they apply to a possession claim made on the ground in section 178 in reliance on a notice under section 173.”
18 In section 196 (restrictions on use of landlord's break clause in first four months of occupation), in subsection (4) omit the words from “and section 20” to the end.
19 In section 204 (possession claims), in subsection (1), in paragraph (a)—
(a) for “following sections” substitute “ following provisions ”;
(b) omit sub-paragraph (i);
(c) in sub-paragraph (vi), for “during first four months” substitute “ until after the first six months ”;
(d) in sub-paragraph (vii), for “176 , 177” substitute “ 177, 177A ”;
(e) in sub-paragraph (xii), for “during first four months” substitute “ until after the first 18 months ”;
(f) in sub-paragraph (xiii), omit “197,”;
(g) after sub-paragraph (xiv) (and before the “or” that follows it) insert—
“(xv)Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause: breach of statutory obligations),”.
20 In section 253 (index of terms), in table 2, in the right hand column of the entry for “possession notice”, for “section 150” substitute “ sections 159, 161, 166, 171, 182, 188 and 192 (and see also section 150) ”.
21 In section 256 (regulations)—
(a) in subsection (2) for “an enactment other than a provision of this Act” substitute “ any enactment (including a provision of this Act) ”;
(b) in subsection (4)—
(i) after paragraph (d) insert—
“(da)section 121 (power to amend Act in relation to power under periodic standard contract to exclude contract-holder from dwelling for specified periods),
(db) section 133 (power to amend Act in relation to power under fixed term standard contract to exclude contract-holder from dwelling for specified periods),”;
(ii) after paragraph (l) insert—
“(la)paragraph 13 of Schedule 8A (power to amend that Schedule),”'
(c) after paragraph (m) (and before the “and” that follows it) insert—
“(ma)paragraph 8 of Schedule 9A (power to amend that Schedule),
(mb) paragraph 11 of Schedule 9B (power to amend that Schedule),
(mc) paragraph 11 of Schedule 9C (power to amend that Schedule),”.
22(1)Schedule 1 (overview of fundamental provisions incorporated as terms of occupation contracts) is amended as follows.
(2) In Part 2 (periodic standard contracts), in table 4—
(a) in the entry for sections 122 to 128, in the third column (notes)—
(i) for “122(1)(a)” substitute “ 122(1)(b) ”, and
(ii) omit the words from “Sections 125(1)(b) and 126 are not incorporated” to the end;
(b) in the entry for sections 173 to 180—
(i) for the text in the first column (fundamental provision) substitute ”Sections 173 to 175 and 177 to 180, and Part 1 of Schedule 9A”;
(ii) for the text in the third column (notes) substitute “ If section 173 is not incorporated, sections 174 to 177A and Schedule 9A do not apply; but if a contract incorporates section 173, Part 1 of Schedule 9A must be incorporated without modification. Section 174A applies instead of section 174 to a contract that is within Schedule 8A, and section 175 does not apply to a contract that is within Schedule 9 (even if section 173 is incorporated). ”
(3) In Part 3 (fixed term standard contracts), in table 5—
(a) in the entry for section 186, for the text in the third column (notes) substitute “ Only applies if contract is within Schedule 9B. If contract incorporates section 186, Part 1 of Schedule 9A must be incorporated without modification. ”;
(b) in the entry for sections 195 to 201—
(i) for the text in the first column (fundamental provision) substitute ”Sections 195, 195A and 196, and 198 to 201, and Part 1 of Schedule 9A”;
(ii) for the text in the third column (notes) substitute “ Only apply if contract has a landlord's break clause; but if a contract has a landlord's break clause, Part 1 of Schedule 9A must be incorporated without modification. Section 195A applies instead of section 195 to a contract that is within Schedule 8A, and section 196 does not apply to a contract that is within Schedule 9. ”
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 In Schedule 4 (introductory standard contracts), in paragraph 3, in sub-paragraph (7) omit the words from “; the power under section 256(2)” to the end.
25(1)Schedule 7 (prohibited conduct standard contracts) is amended as follows.
(2) In paragraph 2, in sub-paragraph (8) for “during first four months” substitute “ until after the first six months ”.
(3) In paragraph 4, in sub-paragraph (7) omit the words from “; the power under section 256(2)” to the end.
26(1)Schedule 9 (standard contracts to which limits in sections 175, 186(2) and 196 do not apply) is amended as follows.
(2) In paragraph 3 for “standard contract which relates to supported accommodation” substitute “ supported standard contract ”.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In the heading—
(a) omit “, 186(2)”;
(b) for “(LANDLORD'S NOTICE DURING FIRST SIX MONTHS OF OCCUPATION)” substitute “(WHEN LANDLORD'S NOTICE MAY BE GIVEN)”.
(5) In the words of introduction omit “, 186”.
27(1)Schedule 12 (conversion of tenancies and licences existing before commencement of Chapter 3 of Part 10 of the 2016 Act) is amended as follows.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) After paragraph 12 (provision of information) insert—
“12A(1)Schedule 9A (restrictions on giving notice under section 173, under section 186, and under a landlord's break clause) applies in relation to a converted contract as if—
(a) paragraph 1 were omitted, and
(b) for paragraph 2 there were substituted—

“Failure to provide written statement within the specified period
2 If—
(a) a landlord is required to provide a written statement of the contract under paragraph 11(1) of Schedule 12, or under section 31(2) (where it is not disapplied by paragraph 11(1A) of that Schedule), and
(b) the landlord has failed to comply with paragraph 11(1) or section 31(2),
the landlord may not give notice before the end of the period of six months starting with the day on which the landlord gave the written statement to the contract-holder.””
(4) In paragraph 23 (introductory standard contracts), in sub-paragraph (3) after “as if” insert “—
(a) in section 174 (landlord's notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”,
(b) in section 175 (landlord's notice: notice may not be given until after first six months of occupation), the references in subsections (1) and (2) (and the heading) to “six months” were references to “four months”, and
(c)”.
(5) After paragraph 25 (termination of contract by landlord) insert—
“25A(1)This paragraph applies to a periodic standard contract which immediately before the appointed day was an assured shorthold tenancy.
(2) This Act applies as if—
(a) in section 174 (landlord's notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”, and
(b) in section 175 (landlord's notice: notice may not be given until after first six months of occupation), the references in subsections (1) and (2) (and the heading) to “six months” were references to “four months”.”
(6) After paragraph 25A (inserted by sub-paragraph (5)) insert—
“25B(1)This paragraph applies to a fixed term standard contract which—
(a) immediately before the appointed day was a tenancy or licence for a fixed term, and
(b) is not within Schedule 9B.
(2) The landlord may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.
(3) The specified date may not be less than six months after—
(a) the occupation date (see paragraph 31), or
(b) if, immediately before the appointed day, the converted contract was a substitute tenancy or licence, the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence.
(4) Subject to sub-paragraph (3), the specified date—
(a) may not be before the last day of the term for which the converted contract was made, and
(b) may not be less than two months after the day on which the notice is given to the contract-holder.
(5) For the purposes of sub-paragraph (3)—
(a) a converted contract was a substitute tenancy or licence if—
(i) the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence,
(ii) immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and
(iii) the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and
(b)“original tenancy or licence” means—
(i) where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence;
(ii) where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences.
(6) If the landlord gives the contract-holder a notice under sub-paragraph (2), the landlord may on that ground make a possession claim.
(7) The landlord may not make a possession claim on that ground before the end of the fixed term standard contract.
(8) Sub-paragraphs (2) to (7) are fundamental provisions which are incorporated as a term of all fixed term standard contracts to which this paragraph applies.
25CWhere paragraph 25B applies, this Act applies as if—
(a) references to section 186 include a reference to paragraph 25B,
(b) references to a notice under section 186(1) include a reference to a notice under paragraph 25B(2), and
(c) references to the ground in section 186(5) include a reference to the ground in paragraph 25B(6).”
(7) After paragraph 25C (inserted by sub-paragraph (6)) insert—
“25D(1)This paragraph applies to a fixed term standard contract which, immediately before the appointed day, was a tenancy or licence for a fixed term containing a landlord's break clause.
(2) This Act applies as if—
(a) in section 194 (landlord's break clause)—
(i) in subsection (1), the words “which is within subsection (1A)” were omitted, and
(ii) subsection (1A) were omitted,
(b) in section 195 (minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”,
(c) in section 196 (landlord's notice: notice may not be given until after first 18 months of occupation), the reference in subsection (1) (and the heading) to “18 months” were a reference to “four months”, and
(d) Schedule 9C were omitted.”

Renting Homes (Fees etc.) (Wales) Act 2019
28(1)The Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows
(2) In section 6 (application of sections 2 to 5 of that Act to pre-existing requirements and contracts), omit paragraph (b).
(3) Omit section 25 (assured tenancies).


[20th July 1922)

1 Power to Treasury to guarantee loan.
(1) Subject to the provisions of this Act, the Treasury may guarantee in such manner as they think fit payment of the principal of and the interest on any loans raised by the Government of Northern Ireland, not exceeding in the aggregate an amount sufficient to raise three million five hundred thousand pounds.
(2) A guarantee shall not be given under this Act until the Government of Northern Ireland have provided to the satisfaction of the Treasury—
(a) For charging on the Consolidated Fund of Northern Ireland and the growing produce thereof the principal of and the interest on any such loans, and any sinking fund payments for the repayment of the principal of any such loans:
(b) For charging on the Consolidated Fund of Northern Ireland and the growing produce thereof immediately after the last-mentioned charge the repayment to the Treasury of any sum issued out of the Consolidated Fund of the United Kingdom under this Act on account of a guarantee given under this Act, with interest thereon at such rate as the Treasury may fix:
(c) For raising or securing the raising of sufficient money to meet the above charges.
(3) Any sums required by the Treasury for fulfilling a guarantee given under this Act shall be charged on and issued out of the Consolidated Fund of the United Kingdom . . . , and any sums paid on account of the repayment of any amount so issued out of the said Fund shall be paid into the Exchequer.
(4) The Treasury shall lay before both Houses of Parliament a statement of any guarantee given under this Act and an account of any sums issued out of the Consolidated Fund of the United Kingdom for the purpose of any such guarantee, in each case as soon as may be after the guarantee is given or the sums are issued.

2 Short title.
This Act may be cited as the Government of Northern Ireland (Loan Guarantee) Act 1922.


[5th June 1934]

1 Power to hold, sell or otherwise dispose of lands.
(1) A railway company shall have power, and shall be deemed always to have had power, to sell, lease, grant in fee farm, exchange, mortgage or otherwise dispose of any land, vested in the company or hereafter acquired by the company under the powers of any enactment, which is not at the time of such sale or other disposition being used for the purposes of the company's undertaking, whether or not such land has been previously so used, or to retain, hold and use such land.
(2) On any sale or other disposition by a railway company under this section the other party thereto shall not be concerned or entitled to enquire whether or not the land is or is not being used for the purposes of the company's undertaking.
(3) Sections one hundred and twenty-seven to one hundred and thirty-one of the Lands Clauses Consolidation Act, 1845 [1845 c.18] , shall not apply to any land vested in a railway company or hereafter acquired by a railway company under the powers of any enactment.
(4) The purchase money arising from sales of land under this section shall be applied only to purposes to which capital is properly applicable.

2 Amendments as to level crossings.
(1) If, upon an application made to the Ministry by the railway company concerned, the Ministry is satisfied that it is expedient so to do, it may direct that the gates on any level crossing over a public road shall, instead of being kept closed across the road, be kept closed across the railway, either constantly, or on such days, or during such portions of any day, as the Ministry thinks fit, and, if the Ministry so directs, the gates shall, notwithstanding anything in any enactment to the contrary, be kept closed in accordance with its direction, except when engines or vehicles passing along the railway have occasion to cross the road and if the person entrusted with the care of the gates fails to comply with the direction of the Ministry, such person shall on summary conviction be liable to a penalty of level 1 on the standard scale for each offence.
(2) The powers conferred upon the Ministry by the preceding sub-section shall be deemed to be in addition to, and not in derogation of, any powers conferred upon it by section forty-seven of the Railways Clauses Consolidation Act, 1845 [1845 c.20] , or by any provision in any other enactment which relates to the closing of gates on level crossings.
(3) So much of section forty-eight of the Railways Clauses Consolidation Act, 1845, as requires that where a railway crosses a road, to which the said section applies, on a level adjoining to a station, all trains shall be made to slacken their speed before arriving at the road, and shall not cross it at a greater rate of speed than four miles an hour, and so much of any section of any other enactment as contains provisions substantially to the like effect, shall cease to have effect.

3 Amendment as to duty of railway company to report certain accidents.
(1) Section six of the Regulation of Railways Act, 1871 (which imposes upon a railway company the duty of notifying to the Ministry certain accidents) as extended by sub-section (2) of section thirteen of the Railway Employment (Prevention of Accidents) Act, 1900 , shall have effect subject to the following modifications:—
(i) An accident which is attended with personal injury to a person or persons in the employment of the railway company, but which does not disable any such person for more than three days from earning full wages at the work at which he was employed, need not be notified to the Ministry if, but for the fact that it was attended with personal injury, notification would not have been required by the said section six as so extended; but if, and so soon as, it is known that any person injured has been so disabled for more than three days, the company shall notify the accident by the earliest practicable post;
(ii) An accident which occurs to a person not in the employment of the railway company, and which is not connected with the movement of any engine or railway vehicle, need not be notified to the Ministry by the earliest practicable post, but all such accidents as are referred to in this paragraph shall be notified to the Ministry in such manner and at such times as may be required by directions given by it under the said section six.
(2) Nothing in the Notice of Accidents Acts, 1894 [1894 c.28] and 1906 [1906 c.53] , shall be construed as requiring notice to be given of any accident if, but for the provisions of this section, notification of that accident would have been required by section six of the Regulation of Railways Act, 1871, as so extended as aforesaid.

4 Power to operate signals and points by electricity.
A railway company may, with the approval of the Ministry, operate its signals and the railway points associated with such signals by means of electrical energy, ….

5 Interpretation.
(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them:—
  * “Enactment” includes any Act (whether a public general Act or not) and an Order confirmed by, or having the effect of, an Act:
  * “Land” includes buildings and water and any interest in land or water and any easement or right in, to or over land, buildings or water:
  * “Ministry” means Ministry of Commerce:
  * “Railway company” includes a committee of a railway company, a joint committee of two or more railway companies, and any person or body being the owner or lessee of or working any railway constructed or carried on under the powers of any enactment:
  * “Undertaking” includes the provision and running of road vehicles under the Railways (Road Vehicles) Act (Northern Ireland), 1927 [1927 c.9] .
Subs. (2) rep. by 1954 c. 33 (NI)

6 Short title.
This Act may be cited as the Railways Act (Northern Ireland), 1934.


[29th July 1977]

1 Restoration of powers conferred by certain orders.
(1) The provisions specified in subsection (2) below (which until 31st March 1977 permitted the councils of certain districts, which are specified in the Schedule to this Act and in each of which is included the whole or part of the area of a former county borough or borough, to enter into agreements with other local authorities for the construction of buildings or works in the area of the former county borough or borough concerned) shall have effect on and after the passing of this Act with the omission of the words “until 31st March 1977”.
(2) The provisions referred to in subsection (1) above (all of which were made by virtue of section 254 of the Local Government Act 1972) are as follows:—
(a) article 3 of the Local Authorities (Temporary Use of Labour) Order 1975,
(b) article 8 of the Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1975, and
(c) article 8 of the Local Authorities etc. (Miscellaneous Provision) Order 1976.

2 Short title and extent.
(1) This Act may be cited as the Local Authorities (Restoration of Works Powers) Act 1977.
(2) This Act extends to England and Wales only.
Section 1.

SCHEDULE Local Authorities to which Section 1 refers
The Borough Council of Barrow-in-Furness.
The Borough Council of Blackburn.
The Borough Council of Bolton.
The City Council of Bristol.
The Borough Council of Burnley.
The City Council of Cardiff.
The City Council of Derby.
The Borough Council of Gateshead.
The Borough Council of Grimsby.
The City Council of Kingston upon Hull.
The City Council of Lincoln.
The City Council of Liverpool.
The City Council of Manchester.
The City Council of Newcastle upon Tyne.
The Borough Council of North Tyneside.
The City Council of Plymouth.
The Borough Council of Rotherham.
The Borough Council of Scunthorpe.
The City Council of Sheffield.
The Borough Council of South Tyneside.
The City Council of Stoke-on-Trent.
The Borough Council of Stockport.
The Borough Council of Sunderland.
The City Council of Swansea.
The Borough Council of Wigan.


[2nd July 1981]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I Rights of Occupation

1–3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5,6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Orders for Sale of Property

7 Powers of court to order sale of property in matrimonial proceedings.
After section 24 of the Matrimonial Causes Act 1973 there shall be inserted the following section—

“24A Orders for sale of property.
(1) Where the court makes under section 23 or 24 of this Act a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order, then, on making that order or at any time thereafter, the court may make a further order for the sale of such property as may be specified in the order, being property in which or in the proceeds of sale of which either or both of the parties to the marriage has or have a beneficial interest, either in possession or reversion.
(2) Any order made under subsection (1) above may contain such consequential or supplementary provisions as the court thinks fit and, without prejudice to the generality of the foregoing provision, may include—
(a) provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and
(b) provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order.
(3) Where an order is made under subsection (1) above on or after the grant of a decree of divorce or nullity of marriage, the order shall not take effect unless the decree has been made absolute.
(4) Where an order is made under subsection (1) above, the court may direct that the order, or such provision thereof as the court may specify, shall not take effect until the occurrence of an event specified by the court or the expiration of a period so specified.
(5) Where an order under subsection (1) above contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a party to the marriage, the order shall cease to have effect on the death or re-marriage of that person.”

8 Amendments consequential on powers of court to order sale of property.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In section 31 of the said Act of 1973 (which provides for the variation and discharge of certain orders for financial relief)—
(a) at the end of subsection (2) there shall be inserted the following paragraph—
“(f)any order made under section 24A(1) above for the sale of property”;
(b) in subsection (6) for the words “may be made by the person entitled to payments under the order” there shall be substituted the words “(and to any order made under section 24A(1) above which requires the proceeds of sale of property to be used for securing those payments) may be made by the person entitled to payments under the periodical payments order.”
(3) In paragraph 11 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (which relates to the effect on an order for periodical payments of the stay of proceedings for divorce, judicial separation or nullity of marriage) after sub-paragraph (3) there shall be inserted the following sub-paragraph—
“(3A)
Where any such order as is mentioned in paragraph (e) of section 23(1) of the Matrimonial Causes Act 1973, being an order made under section 23(1) or (2)(a) of that Act, ceases to have effect by virtue of sub-paragraph (2) or (3) above, any order made under section 24A(1) of that Act which requires the proceeds of sale of property to be used for securing periodical payments under the first mentioned order shall also cease to have effect.”

Part III Supplemental

9 Commencement.
This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, and different days may be appointed for different provisions of this Act.

10 Short title, etc.
(1) This Act may be cited as the Matrimonial Homes and Property Act 1981.
(2) The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(3) This Act does not extend to Scotland or Northern Ireland.

SCHEDULES

SCHEDULES 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3 Repeals
Chapter      Short Title                   Extent of Repeal
1967 c. 75.  Matrimonial Homes Act 1967.   In section 2(7) the words “or caution”.
                                           In section 2(8) the words “or interest” (twice).
                                           In section 4(1) the words “or interest” (three times).
                                           In section 4(5) the words “or interest”.
                                           In section 5(2)(a) the words “or interest”.
1968 c. 23.  Rent Act 1968.                In Schedule 15 the amendments of section 7 of the Matrimonial Homes Act 1967 (as saved by paragraph 30 of Schedule 24 to the Rent Act 1977).
1976 c. 80.  Rent (Agriculture) Act 1976.  In Schedule 8 paragraph 16.
1977 c. 42.  Rent Act 1977.                In Schedule 23 paragraph 41.
1980 c. 51.  Housing Act 1980.             In Schedule 25 paragraphs 15, 16 and 17.

The repeals in the Matrimonial Homes Act 1967 shall not affect any caution duly lodged before the commencement of this Act as respects any estate or interest.


[2nd July 1928]

1, 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Securities for note issue to be held in issue department.
(1) In addition to the gold coin and bullion for the time being in the issue department, the Bank shall from time to time appropriate to and hold in the issue department securities of an amount in value sufficient to cover the fiduciary note issue for the time being.
(2) The securities to be held as aforesaid may include silver coin to an amount not exceeding five and one-half million pounds.
(3) The Bank shall from time to time give to the Treasury such information as the Treasury may require with respect to the securities held in the issue department, . . .
(4) In this section the expression “ securities ” includes securities and assets in currency of any country and in whatever form held.

4 Transfer of currency notes issue to Bank of England.
(1) As from the appointed day all currency notes issued under the Currency and Bank Notes Act 1914, certified by the Treasury to be outstanding on that date (including currency notes covered by certificates issued to any persons under section two of the Currency and Bank Notes (Amendment) Act 1914, but not including currency notes called in but not cancelled) shall, for the purpose of the enactments relating to bank notes and the issue thereof (including this Act) be deemed to be bank notes, and the Bank shall be liable in respect thereof accordingly.
(2) The currency notes to which subsection (1) of this section applies are in this Act referred to as “the transferred currency notes.”
(3) At any time after the appointed day, the Bank shall have power, on giving not less than three months’ notice in the London, Edinburgh and Belfast Gazettes, to call in the transferred currency notes on exchanging them for bank notes of the same value.
(4) Any currency notes called in but not cancelled before the appointed day may be exchanged for bank notes of the same value.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Profits of note issue to be paid to Treasury.
(1) The Bank shall, at such times and in such manner as may be agreed between the Treasury and the Bank, pay to the Treasury an amount equal to the profits arising in respect of each year in the issue department, including the amount of any bank notes written off under section six of the Bank Act 1892 as amended by this Act or under section 3 of the Currency Act 1983, but less the amount of any bank notes so written off which have been presented for payment during the year and the amount of any currency notes called in but not cancelled before the appointed day which have been so presented.
(2) For the purposes of this section the amount of the profits arising in any year in the issue department shall, subject as aforesaid, be ascertained in such manner as may be agreed between the Bank and Treasury.
(3) For the purposes of the Income Tax Acts, any income of, or attributable to, the issue department shall be deemed to be income of the Exchequer, and any expenses of, or attributable to, the issue department shall be deemed not to be expenses of the Bank.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Amendment as to issue of notes by banks in Scotland and Northern Ireland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Amendment of s. 6 of 7 & 8 Vict. c. 32.
The form prescribed by Schedule A to the Bank Charter Act 1844 for the account to be issued weekly by the Bank under section six of that Act may be modified to such an extent as the Treasury, with the concurrence of the Bank, consider necessary, having regard to the provisions of this Act.

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 Penalty for defacing bank notes.
If any person prints or stamps, or by any like means impresses, on any bank note any words, letters or figures, he shall, in respect of each offence, be liable on summary conviction to a penalty not exceeding level 1 on the standard scale.

13†Short title, interpretation and repeal.
(1) This Act may be cited as the Currency and Bank Notes Act 1928.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In this Act, unless the context otherwise requires,—
  * The expression “the Bank” means the Bank of England:
  * The expression “issue department” means the issue department of the Bank:
  * The expression “bank note” means a note of the Bank:
  * The expression “coin” means coin which is current and legal tender in the United Kingdom:
  * The expression “bullion” includes any coin which is not current and legal tender in the United Kingdom.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .