Part 12: Miscellaneous New section 104D: Review of combined authority’s constitutional arrangements
Subsection (1) of the new section 119A defines a ‘connected replacement lease’.
	Subsection (2) specifies that a replacement lease can only replace an existing lease/s if the replacement lease substitutes for the existing lease/s (i.e. begins during the term of the existing lease) or begins immediately after the end of the term of that lease.
Example 1
A leaseholder owns a qualifying lease for their flat which was granted before 14 February 2022. On 1 January 2023, the leaseholder is granted a replacement lease because the term remaining on the original lease has fallen below 70 years. The new lease is a ‘connected replacement lease’ and therefore retains its qualifying status.
	Subsection (3) specifies some of the circumstances in which a replacement lease substitutes for an existing lease within the scope of the protections, including where there is a surrender and regrant of the existing lease.
	Subsection (4) provides a definition of ‘continuity in the property let’ under subsection (1)(e), to account for scenarios where new property is added to existing property under a replacement lease, where that expands the property (a property combination) or diminishes the property (a property reduction).
	Subsection (5) clarifies, using the definitions set out in subsection (4) of a "property combination" and a "property reduction", that there is no continuity let in certain chains of replacement leases (i.e. where there is a series of successive replacement leases including where a lease which was previously a property combination lease is subsequently replaced with a new lease which reduces the scope of the lease of the property). The resultant separate leases will not be qualifying leases for the purposes of the building safety protections.
	Subsection (6) relates back to subsection (5) and provides detail on what counts as a relevant chain of qualifying leases.
	Subsection (7) provides that, if a new lease is specifically granted to rectify an error in relation to the previous lease, the new lease is in scope of the building safety protections.
	Subsection (8) replicates section 119(3) of the Building Safety Act 2022. This provides that where a dwelling was let under two or more leases after 14 February 2022, any lease which is superior to any other lease is not a qualifying lease. This ensures that it is always the lease at the end of any chain of leases that qualifies for the protections, rather than any superior landlord.
	Subsection (9) provides that the protections apply where there is a chain of qualifying leases.
	Subsections (10) and (11) set out a regulation-making power by which the Secretary of State may amend the meaning of ‘connected replacement lease’.
	Subsection (12) allows for regulations made under new section 119A to include consequential amendments to the Building Safety Act 2022.
	Subsection (13) defines the terminology used in the new section 119A.
	Section 243(4) provides that Regulations under new section 119A(10) will be subject to the affirmative procedure.
	Section 243(5) provides that the amendments made by section 243 are to be treated as having come into force on 28 June 2022.