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ARCH annual report


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Government issues Commencement Order for Pay to Stay 14/10/2016

The government issued the Housing and Planning Act 2016 (Commencement No. 3) Regulations 2016 on 3 October 2016. These Regulations bring into force various provisions of the Housing and Planning Act 2016 on 1 October 2016.


Regulation 2(a) brings into force Chapter 3 of Part 4 of the Act (commonly known as Pay to Stay) which makes provision relating to rents for high income social tenants of local housing authorities (sections 80 to 87) and private registered providers of social housing (sections 89 and 90). Section 91 provides for the interpretation of Chapter 3 of Part 4.


Publication of this Commencement Order has caused concern among some ARCH members as the government is yet to set out detailed Regulation and Guidance on how the scheme will operate.


ARCH has been in touch with our contacts at the DCLG (Department for Communities and Local Government who advise that the publication of the Commencement Order is a procedural issue. In terms of an implementation date for Pay to Stay, our contacts at DCLG advise:


"We recognise that delivery by April 2017 is now extremely challenging and the Department is assessing the impact of the delay in publication of the regulations on the implementation timetable. The ambition is still to implement in 2017-18 and we will provide more information as soon as we are able, including guidance and templates to support implementation." 

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