Statutory Instruments with Clear Reports

07 January 2019

SL(5)291 – The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019

Procedure: Affirmative

The Regulations are made under section 9 of the Abolition of Right to Buy and Associated Rights (Wales) Act 2018 (“the 2018 Act”). The 2018 Act ends the Right to Buy under Part 5 of the Housing Act 1985 and the Right to Acquire under section 16 of the Housing Act 1996, these rights applying to tenants of social housing landlords who have secure or assured tenancies respectively. The 2018 Act provides for a one-year period following Royal Assent during which existing rights may be exercised before complete abolition of these rights. This notice period expires on the 25 January 2019.  The rights in respect of new properties was effectively ended on 24 March 2018.

These Regulations make amendments to the Housing Act 1985 (“1985 Act”) and the Land Transaction and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (“2017 Act”) in consequence of the Abolition of the Right to Buy and Associated Rights (Wales) Act 2018.

The Regulations make saving provisions to ensure that relevant provisions within the 1985 Act will continue to apply in respect of applications made to exercise the right to buy or the right to acquire in respect of dwelling-houses in Wales on or before 25 January 2019 and in respect of dwelling-houses which have been purchased under the right to buy or the right to acquire on or before that date (or after that date in pursuance of a notice served before that date).

 

The Regulations also make saving provisions to ensure that relevant reliefs within Schedule 15 to the 2017 Act will also apply in respect of transactions arising from applications made to exercise certain rights to buy and rent to mortgage submitted on or before 25 January 2019.

Parent Act: Abolition of the Right to Buy and Associated Rights (Wales) Act 2018

Date Made:

Date Laid: 10 December 2018

Coming into force date: