Section 65 — Jurisdiction of court in relation to tenancies in England and Wales

In section 63 of the Landlord and Tenant Act 1954 (jurisdiction of court for purposes of Parts 1 and 2), after subsection (2) insert— (2A) The Secretary of State may by regulations— (a) provide for the jurisdiction of the court under Part 2 to be exercised by the First-tier Tribunal or the Upper Tribunal in a case where— (i) the current tenancy is a subsisting agreement within the meaning of Schedule 2 to the Digital Economy Act 2017, and (ii) the primary purpose of the current tenancy is to confer code rights (within the meaning of paragraph 3 of that Schedule); (b) provide for the jurisdiction of the court under section 34B to be exercised by the First-tier Tribunal or the Upper Tribunal. (2B) Regulations under subsection (2A)— (a) are to be made by statutory instrument; (b) may make different provision for different purposes; (c) may include transitional or saving provision. (2C) A statutory instrument containing regulations under subsection (2A) is subject to annulment in pursuance of a resolution of either House of Parliament.