Amendments and repeals via Schedule 17 & 18 HA 1988 s. 140
Section 140 brings into effect amendments in Schedule 17 and repeals in Schedule 18, subject to savings in Chapter V of Part I or Schedule 17.
Schedule 17 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act and the Housing (Scotland) Act 1988, shall have effect . . .. The enactments specified in Schedule 18 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of that Schedule and to any saving in Chapter V of Part I of or Schedule 17 to this Act.
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 gives legal force to two schedules. Schedule 17 contains minor amendments and changes that follow from the Housing Act 1988 and the Housing (Scotland) Act 1988. Schedule 18 lists enactments that are repealed—some of which are already spent—except where a saving at the end of that schedule or a saving in Chapter V of Part I of this Act or in Schedule 17 says otherwise.
Neither the amendments nor the repeals are listed in this section itself; you have to read the schedules separately. The section does not create any new duties or rights on its own.
When it applies
- A landlord needs to know whether a minor amendment to the Housing Act 1988 introduced by Schedule 17 applies to an existing tenancy.
- A solicitor checks if a specific enactment listed in Schedule 18 has been repealed and therefore no longer applies.
- A court considers whether a saving provision in Chapter V of Part I preserves an old rule despite the repeal in Schedule 18.
- A tenant argues that a repealed provision no longer allows the landlord to take a certain action.
What this section does not say
- This section does not list the specific amendments or repeals – those are in Schedules 17 and 18.
- It does not explain what the savings in Chapter V of Part I are – those savings are set out in the sections that make up that chapter.
- It does not apply to Scotland except insofar as the Housing (Scotland) Act 1988 is mentioned in relation to Schedule 17.
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This page reproduces the text of HA 1988 s. 140 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.