Lessees' money trust account- are s.42/42A/42B in force?

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    Lessees' money trust account- are s.42/42A/42B in force?

    Can anyone tell me if s42, 42A and 42B L&T 1987 'Lessees money to be held in a trust account' enacted?
    I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

    #2
    Originally posted by animal View Post
    Can anyone tell me if s42, 42A and 42B L&T 1987 'Lessees money to be held in a trust account' enacted?
    In LTA 1987, s.42 was amended (and s.42A/42B inserted) by 2002 Act. However, these changes were not to take effect until a Commencement Order (under s.181 of 2002 Act)- and I cannot yet trace any such Order. I'll try further tomorrow.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Thanks Jeffrey,

      I tried to find a commencement order but couldn't.
      I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

      Comment


        #4
        Originally posted by jeffrey View Post
        In LTA 1987, s.42 was amended (and s.42A/42B inserted) by 2002 Act. However, these changes were not to take effect until a Commencement Order (under s.181 of 2002 Act)- and I cannot yet trace any such Order. I'll try further tomorrow.
        Confirmed: there have not yet been any commencements.

        Best way to check re any Commencement Orders of statutes in E&W: telephone Halsbury's Statutes on 020-7400 2518.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          There used to be a time when statutes were drafted so that you could tell when they came into force by looking at them. Now we get the situtation where not only are different sections brought into force by order on different days, but also parts of sections coming into force on different days and, worse, sections or parts of sections coming into force "so far as they relate to..." I suppose some of it is necessary, but it does seem a bit excessive.

          Comment


            #6
            Originally posted by Lawcruncher View Post
            There used to be a time when statutes were drafted so that you could tell when they came into force by looking at them. Now we get the situtation where not only are different sections brought into force by order on different days, but also parts of sections coming into force on different days and, worse, sections or parts of sections coming into force "so far as they relate to..." I suppose some of it is necessary, but it does seem a bit excessive.
            This applies equally to many of the 2002 Act changes to the 1987 and 1993 Acts- e.g. f/r purchase by RTE company.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Looking at the link below (for most modern legislation ) is good avenue. For anything older requires a bit more digging

              http://www.opsi.gov.uk/legislation/uk
              Mark Hessel

              Any comments I post are just that, comments. Every situation is unique and so you should not apply any comments I make to your situation, no matter how close they may appear to match your circumstances.

              Comment


                #8
                Another one is below, which has a kind of traffic light system that at least makes it a bit easier to follow

                http://www.statutelaw.gov.uk/Home.aspx
                Mark Hessel

                Any comments I post are just that, comments. Every situation is unique and so you should not apply any comments I make to your situation, no matter how close they may appear to match your circumstances.

                Comment


                  #9
                  Thanks for the replies.

                  I use http://www.statutelaw.gov.uk/ as the search seems much better. I just cannot figure out how to find out if a law has been 'commenced'...

                  Ignorance of the law is no excuse, so let's make it as complicated as possible.
                  I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

                  Comment


                    #10
                    Originally posted by animal View Post
                    I use http://www.statutelaw.gov.uk/ as the search seems much better. I just cannot figure out how to find out if a law has been 'commenced'.
                    Use its green A and blue P features.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      s42 s42A and s42B all have green A's... Does this mean they are enacted? (or commenced?)

                      Don't know if I'm glad I'm not a solicitor or not - give me a computer manual anyday!!
                      I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

                      Comment

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