Explanatory Notes

Commonhold and Leasehold Reform Act 2002

2002 CHAPTER 15

1st May 2002

Commentary on the Sections: Part 1

Ground rent

Chapter 7: General
Section 177: Wales

307.Section 177 has the effect of ensuring that any powers to make regulations inserted into the 1985 Act, the 1987 Act or the 1993 Act are exercisable by the National Assembly for Wales as they apply in Wales.  (The existing powers to make regulations in those Acts are already exercised by the National Assembly for Wales by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999.)

Section 178: Orders and regulations

308.Section 178 provides that any orders or regulations made under Part 2 of this Act may make different provisions for different circumstances.  It further provides that regulations under Schedule 12 (procedure regulations for LVTs) may make different provisions for different areas.  In England, orders or regulations will be made by statutory instrument subject to annulment by Parliament, except those made under paragraphs 9(3)(b) or 10(3)(b) of Schedule 12 or under sections 167 or 171, (setting a fee for application to a LVT, or a limit for the award of costs by a LVT, exceeding £500) where a draft of the instrument must be laid before and approved by a resolution of each House of Parliament.  A separate procedure for making statutory instruments applies for the National Assembly for Wales.