Isles of Scilly housing law application: HA 1988 s. 139
HA 1988 s. 139 extends the Housing Act to the Isles of Scilly, allowing the Secretary of State to modify provisions via statutory instruments.
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct. The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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 provision governs how housing legislation applies to the Isles of Scilly. Because the archipelago has a unique local government structure, standard housing rules under this statute apply there subject to modifications directed by the Secretary of State.
The Secretary of State holds the legal authority to issue statutory instruments making specific exceptions or alterations for the islands. Any such order is subject to parliamentary oversight through the negative resolution procedure, meaning either House of Parliament may pass a resolution to annul it.
When it applies
- A tenant on the Isles of Scilly disputes whether mainland tenancy legislation applies to their island tenancy.
- A local council officer on the Isles of Scilly checks whether a specific housing regulation has been modified for their jurisdiction by ministerial order.
- Parliament reviews a statutory instrument proposed by the Secretary of State to adapt housing rules for the Scilly archipelago.
What this section does not say
- Standard rent increase mechanisms for assured tenancies, which are governed by other provisions of this statute.
- The general geographic extent of the legislation across devolved nations, which is addressed elsewhere in the Act.
- Specific financial provisions and grants, which are dealt with under separate sections.
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This page reproduces the text of HA 1988 s. 139 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.