Statutory Instrument 1996 No. 2839

The Approval of Codes of Management Practice (Residential Property) Order 1996

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1996 No. 2839

HOUSING, ENGLAND AND WALES

The Approval of Codes of Management Practice (Residential Property) Order 1996

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 87 and 100 of the Leasehold Reform, Housing and Urban Development Act 1993^[1] and of all other powers enabling them in that behalf, and being satisfied that appropriate arrangements have been made for publishing the code approved by this Order^[2], hereby make the following Order—

Citation and commencement
    1.    This Order may be cited as the Approval of Codes of Management Practice (Residential Property) Order 1996 and shall come into force on 17th March 1997.

Approval of code of practice
    2.    "‘Rent Only’ Residential Management Code"(ISBN 0 85406 642 X) and "‘Service Charge’ Residential Management Code"(ISBN 0 85406 643 8), which were submitted for approval on 25th October 1996 by the Royal Institution of Chartered Surveyors and are to be published by RICS Business Services Limited, are approved.

Transitional provision
    3.    Article 2 does not apply for the purposes of section 87(7)(a) and (b) of the Leasehold Reform, Housing and Urban Development Act 1993 (use of code in proceedings) in relation to an act or omission occurring before this Order comes into force.

Signed by authority of the Secretary of State

James Clappison

Parliamentary Under Secretary of State,
Department of the Environment

7th November 1996

William Hague

Secretary of State for Wales

11th November 1996

In this Order the Secretaries of State approve two codes of practice relating to the management of residential property by landlords and others who discharge management functions. The approval is subject to the transitional provision in article 3.
The codes are "‘Rent Only’ Residential Management Code"(ISBN 0 85406 642 X) and "‘Service Charge’ Residential Management Code"(ISBN 0 85406 643 8). They are to be published by the Royal Institution of Chartered Surveyors.
Failure to comply with any provision of an approved code of practice does not of itself render any person liable to any proceedings, but in any proceedings, the codes of practice shall be admissible as evidence and any provision which appears to be relevant to any question arising in the proceedings shall be taken into account.

[1] 1993 c. 28. back

[2] See section 87(2) of the Leasehold Reform, Housing and Urban Development Act 1993. back