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Planning and Development (Housing) and Residential Tenancies Act 2016
SCHEDULE
Consequential Amendments to Residential Tenancies Act 2004
PART 1
Amendments relating to Amendment of section 28 of Act of 2004
|
Reference No |
Provision |
Amendment |
|
(1) |
(2) |
(3) |
|
1 |
Section 34(b)(ii) |
Substitute “6 years” for “4 years”. |
|
2 |
Section 40(1) |
Substitute “6 year period” for “4 year period”. |
|
3 |
Section 41 Subsection (1) |
Substitute “6 year period” for “4 year period”. |
|
4 |
Subsection (3) |
Substitute “6 year period” for “4 year period”. |
|
5 |
Subsection (4) |
Substitute “6 years” for “4 years” in both places where it occurs. |
|
6 |
Section 43 |
Substitute “6 years” for “4 years” in both places where it occurs. |
|
7 |
Section 45 Subsection (1) |
Substitute “6 years” for “4 years”. |
|
8 |
Subsection (4) |
Substitute “6 years” for “4 years” in both places where it occurs. |
|
9 |
Section 47(5) |
Substitute “6 years” for “4 years” in both places where it occurs. |
|
10 |
Table |
Substitute “6 years” for “4 years” in paragraph 2. |
PART 2
Amendments relating to repeal of section 42 of Act of 2004
|
Reference No. |
Provision |
Amendment |
|
(1) |
(2) |
(3) |
|
1 |
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”. |
|
2 |
Section 41 Subsection (4) |
Delete “(b) or” in paragraph (a). |
|
3 |
Subsection (4) |
Delete paragraph (b). |
|
4 |
Section 44 |
Substitute “section 34 or Chapter 3” for “section 34, Chapter 3 or section 42”. |
|
5 |
Section 45 Subsection (4) |
Delete “(b) or” in paragraph (a). |
|
6 |
Subsection (4) |
Delete paragraph (b). |
|
7 |
Section 47 Subsection (4) |
Delete. |
|
8 |
Subsection (6) |
Delete. |
|
9 |
Table |
Delete “or 42” in paragraph 1. |
|
10 |
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.”. |
PART 3
Amendments relating to the Board and the Director
|
Reference No. |
Provision |
Amendment |
|
(1) |
(2) |
(3) |
|
1 |
Section 95(5) |
Substitute “Director” for “Board”. |
|
2 |
Section 96 Subsection (1) |
Substitute in paragraph (a) “Director” for “Board”. |
|
3 |
Subsection (1) |
Substitute “the Director shall prepare” for “the Board shall prepare”. |
|
4 |
Subsection (2) |
Substitute in paragraph (b) “to the Director” for “to the Board”. |
|
5 |
Section 99(4) |
Substitute “Director” for “Board”. |
|
6 |
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”. |
|
7 |
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”. |
|
8 |
Section 123 |
|
|
Subsection (5) |
Substitute “direct the Director” for “direct the Board”. |
|
|
9 |
Subsection (5) |
Substitute “the Director shall cancel” for “the Board shall cancel”. |
|
10 |
Subsection (6) |
Substitute “Director” for “Board” in each place where it occurs. |
|
11 |
Subsection (7) |
Substitute in paragraph (a) “issued by the Director” for “issued by it”. |
|
12 |
Section 125(2) |
Insert “direct the Director to” after “The powers mentioned in subsection (1) are to”. |
|
13 |
Section 159(1) |
Delete “, 121”. |
|
14 |
Section 176(3) |
Delete in paragraph (b) “sealed and”. |