Legislation – Renters’ Rights Act 2025

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Part 5General

143Power of Secretary of State to make consequential provision

(1)

The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.

(2)

Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—

(a)

before this Act, or

(b)

later in the same session of Parliament as this Act.

(3)

The power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes.

(4)

The power under subsection (3)(a) to make transitional provision includes—

(a)

power to provide for the regulations to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the regulations come into force;

(b)

in relation to regulations that make provision that is consequential on Chapter 1 or 2 of Part 1, power to provide for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of the regulations to—

(i)

have effect with specified modifications, or

(ii)

cease to have effect (in whole or in part).

(5)

For the purposes of subsection (4)(b)—

(a)

“pre-application instrument” means an agreement or other instrument made before the regulations come into force;

(b)

the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of regulations under this section include (but are not limited to) those in which—

(i)

as a result of any provision of the regulations, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;

(ii)

as a result of any provision of the regulations, it is unclear what the effect is of provision made by the instrument;

(iii)

as a result of any provision of the regulations, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;

(iv)

the instrument makes direct or indirect reference to any enactment as it had effect before being amended by the regulations.

(6)

Regulations made by virtue of subsection (4)(b) must provide that they do not prevent—

(a)

the variation or revocation of provision modified by the regulations, or

(b)

the re-making of provision that has ceased to have effect as a result of the regulations.

(7)

Regulations made by virtue of subsection (4)(b) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the day on which Chapter 1 or 2 of Part 1 (as the case may be) comes into force.

(8)

A statutory instrument containing (whether alone or with other provision) regulations under this section that—

(a)

amend or repeal provision made by an Act, or

(b)

are made by virtue of subsection (4)(b),

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(9)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.