Orders and regulations under Part IV – HA 1988 s. 112
HA 1988 s. 112: Orders/regulations under Part IV must be by statutory instrument, subject to annulment except regulations under s.111(b).
Any power of the Secretary of State to make orders or Orders and regulations under this Part shall be exercised by statutory instrument. A statutory instrument containing any order or regulations under this Part, other than regulations under section III(b) above, shall be subject to annulment in pursuance of a resolution of either House of Parliament. Orders or regulations under this Part may make different provision for different cases or circumstances or different areas and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets out how the Secretary of State must make any orders or regulations under Part IV of the Housing Act 1988. They must be made by statutory instrument – a formal document published and laid before Parliament.
Unless it is a regulation under section 111(b) (prescribing forms), any such statutory instrument is subject to annulment – either House of Parliament can vote to cancel it within a specified period.
The section also allows the Secretary of State to make different provision for different cases, circumstances or areas, and to include incidental, supplemental or transitional provisions.
When it applies
- The Secretary of State issues a new regulation extending the time limit for tenants to complete a purchase under Part IV.
- A tenant group questions whether a newly published statutory instrument was properly laid before Parliament.
- A local authority receives a circular from the Secretary of State about new consultation requirements under s.102, issued as a regulation.
- A legal representative needs to know whether a regulation changing prescribed forms under s.111(b) can be annulled.
What this section does not say
- This section does not tell you the content of any specific order or regulation – you must look at the statutory instrument itself.
- It does not apply to orders or regulations made under other Parts of the Housing Act 1988.
- It does not give you a right to challenge a regulation in court; it only sets the procedure for making it.
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This page reproduces the text of HA 1988 s. 112 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.