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PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016
Statutory Text (1 Articles)
SCHEDULE Consequential Amendments to Residential Tenancies Act 2004
SCHEDULE
Consequential Amendments to Residential Tenancies Act 2004
Section 37
PART 1 Amendments relating to Amendment of section 28 of Act of 2004
PART 1
Amendments relating to Amendment of section 28 of Act of 2004
Reference No
Reference No
Provision
Provision
Amendment
Amendment
(1)
(1)
(2)
(2)
(3)
(3)
1
1
Section 34(b)(ii)
Section 34(b)(ii)
Substitute “6 years” for “4 years”.
Substitute “6 years” for “4 years”.
2
2
Section 40(1)
Section 40(1)
Substitute “6 year period” for “4 year period”.
Substitute “6 year period” for “4 year period”.
3
3
Section 41 Subsection (1)
Section 41
Subsection (1)
Substitute “6 year period” for “4 year period”.
Substitute “6 year period” for “4 year period”.
4
4
Subsection (3)
Subsection (3)
Substitute “6 year period” for “4 year period”.
Substitute “6 year period” for “4 year period”.
5
5
Subsection (4)
Subsection (4)
Substitute “6 years” for “4 years” in both places where it occurs.
Substitute “6 years” for “4 years” in both places where it occurs.
6
6
Section 43
Section 43
Substitute “6 years” for “4 years” in both places where it occurs.
Substitute “6 years” for “4 years” in both places where it occurs.
7
7
Section 45 Subsection (1)
Section 45
Subsection (1)
Substitute “6 years” for “4 years”.
Substitute “6 years” for “4 years”.
8
8
Subsection (4)
Subsection (4)
Substitute “6 years” for “4 years” in both places where it occurs.
Substitute “6 years” for “4 years” in both places where it occurs.
9
9
Section 47(5)
Section 47(5)
Substitute “6 years” for “4 years” in both places where it occurs.
Substitute “6 years” for “4 years” in both places where it occurs.
10
10
Table
Table
Substitute “6 years” for “4 years” in paragraph 2.
Substitute “6 years” for “4 years” in paragraph 2.
PART 2 Amendments relating to repeal of section 42 of Act of 2004
PART 2
Amendments relating to repeal of section 42 of Act of 2004
Section 41
Reference No.
Reference No.
Provision
Provision
Amendment
Amendment
(1)
(1)
(2)
(2)
(3)
(3)
1
1
Section 40(2)
Section 40(2)
Substitute “A reference in section 41(4) to section 34 or Chapter 3 is a reference” for “References in sections 41(4) and 42 to section 34 or Chapter 3 are references”.
Substitute “A reference in section 41(4) to section 34 or Chapter 3 is a reference” for “References in sections 41(4) and 42 to section 34 or Chapter 3 are references”.
2
2
Section 41 Subsection (4)
Section 41
Subsection (4)
Delete “(b) or” in paragraph (a).
Delete “(b) or” in paragraph (a).
3
3
Subsection (4)
Subsection (4)
Delete paragraph (b).
Delete paragraph (b).
4
4
Section 44
Section 44
Substitute “section 34 or Chapter 3” for “section 34, Chapter 3 or section 42”.
Substitute “section 34 or Chapter 3” for “section 34, Chapter 3 or section 42”.
5
5
Section 45 Subsection (4)
Section 45
Subsection (4)
Delete “(b) or” in paragraph (a).
Delete “(b) or” in paragraph (a).
6
6
Subsection (4)
Subsection (4)
Delete paragraph (b).
Delete paragraph (b).
7
7
Section 47 Subsection (4)
Section 47
Subsection (4)
Delete.
Delete.
8
8
Subsection (6)
Subsection (6)
Delete.
Delete.
9
9
Table
Table
Delete “or 42” in paragraph 1.
Delete “or 42” in paragraph 1.
10
10
Section 55(2)
Section 55(2)
Substitute: “(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980.”.
Substitute
“(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980.”.
PART 3 Amendments relating to the Board and the Director
PART 3
Amendments relating to the Board and the Director
Section 48
Reference No.
Reference No.
Provision
Provision
Amendment
Amendment
(1)
(1)
(2)
(2)
(3)
(3)
1
1
Section 95(5)
Section 95(5)
Substitute “Director” for “Board”.
Substitute “Director” for “Board”.
2
2
Section 96 Subsection (1)
Section 96
Subsection (1)
Substitute in paragraph (a) “Director” for “Board”.
Substitute in paragraph (a) “Director” for “Board”.
3
3
Subsection (1)
Subsection (1)
Substitute “the Director shall prepare” for “the Board shall prepare”.
Substitute “the Director shall prepare” for “the Board shall prepare”.
4
4
Subsection (2)
Subsection (2)
Substitute in paragraph (b) “to the Director” for “to the Board”.
Substitute in paragraph (b) “to the Director” for “to the Board”.
5
5
Section 99(4)
Section 99(4)
Substitute “Director” for “Board”.
Substitute “Director” for “Board”.
6
6
Section 109 Subsection (2)
Section 109
Subsection (2)
Substitute in paragraph (d)(vi) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”.
Substitute in paragraph (d)(vi) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”.
7
7
Subsection (2)
Subsection (2)
Substitute in paragraph (d)(ix) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”.
Substitute in paragraph (d)(ix) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”.
8
8
Section 123
Section 123
Subsection (5)
Subsection (5)
Substitute “direct the Director” for “direct the Board”.
Substitute “direct the Director” for “direct the Board”.
9
9
Subsection (5)
Subsection (5)
Substitute “the Director shall cancel” for “the Board shall cancel”.
Substitute “the Director shall cancel” for “the Board shall cancel”.
10
10
Subsection (6)
Subsection (6)
Substitute “Director” for “Board” in each place where it occurs.
Substitute “Director” for “Board” in each place where it occurs.
11
11
Subsection (7)
Subsection (7)
Substitute in paragraph (a) “issued by the Director” for “issued by it”.
Substitute in paragraph (a) “issued by the Director” for “issued by it”.
12
12
Section 125(2)
Section 125(2)
Insert “direct the Director to” after “The powers mentioned in subsection (1) are to”.
Insert “direct the Director to” after “The powers mentioned in subsection (1) are to”.
13
13
Section 159(1)
Section 159(1)
Delete “, 121”.
Delete “, 121”.
14
14
Section 176(3)
Section 176(3)
Delete in paragraph (b) “sealed and”.
Delete in paragraph (b) “sealed and”.