Construction Act 1996 amendments in force 1 October 2011

The long-awaited changes to the law governing payment and adjudication under construction contracts will come into force on 1 October 2011. The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) (England) Order 2011 (SI 2011/1582) confirms the effective date for the changes to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) under Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009).

We await publication of the necessary secondary legislation to amend the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998), and the equivalent Scottish regulations.

The Order confirms that a separate commencement order will be required for "construction contracts which relate to the carrying out of construction operations in Wales". The LDEDC Act 2009 provides for a separate commencement order, applying to Scotland, by Scottish ministers.

For more information, see Getting ready for the Construction Act 1996 changes.