Powers of the Welsh MinistersE+W
40Code of practiceE+W
(1)The Welsh Ministers must issue a code of practice setting standards relating to letting and managing rental properties.
(2)Standards under subsection (1) may (among other things) be set in relation to training.
(3)The Welsh Ministers may—
(a)issue a code of practice which, in part or in whole, applies only to specified persons or cases, or applies differently to different persons or cases;
(b)amend or withdraw a code issued.
(4)Before issuing or amending a code of practice the Welsh Ministers must take reasonable steps to consult—
(a)persons involved in letting and managing rental properties and persons occupying rental properties under a tenancy, or
(b)persons whom the Welsh Ministers consider to represent the interests of the persons mentioned in paragraph (a),
on a draft of the code or a draft of an amended code (“the proposed code”).
(5)If the Welsh Ministers wish to proceed with the proposed code (with or without modifications) they must lay a copy before the National Assembly for Wales.
(6)The Welsh Ministers must not issue the proposed code in the form of that draft unless it is approved by resolution of the National Assembly for Wales.
(7)Once approved the code or amended code comes into force on the date appointed by order of the Welsh Ministers.
(8)The Welsh Ministers may withdraw a code made under this section in an amended code or by direction.
(9)A code approved by the National Assembly for Wales may not be withdrawn unless a proposal to that effect is approved by resolution of the National Assembly.
(10)The Welsh Ministers must publish each code or amended code issued under this section.
Commencement Information
I1S. 40 in force at 1.12.2014 for specified purposes by S.I. 2014/3127, art. 2(c), Sch. Pt. 3
I2S. 40 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066, art. 2
41GuidanceE+W
(1)In exercising its functions under this Part, a licensing authority must have regard to any guidance given by the Welsh Ministers.
(2)In exercising functions under this Part other than as a licensing authority, a local housing authority must have regard to any guidance given by the Welsh Ministers.
[F1(2A)Guidance given to a licensing authority may (among other things) include provision about matters to be taken into account by a licensing authority in deciding whether a failure to repay the amount of any prohibited payment or holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) affects a person's fitness to be licensed under this Part.]
(3)The Welsh Ministers may—
(a)give guidance under this Part generally or to authorities of a specified description;
(b)revise guidance given under this Part by giving further guidance;
(c)revoke guidance given under this Part by giving further guidance or by notice.
(4)The Welsh Ministers must publish any guidance under this Part or notice under this section.
(5)Before giving, revising or revoking guidance under this Part, the Welsh Ministers must consult such persons as the Welsh Ministers consider appropriate.
(6)Consultation undertaken before the coming into force this section may satisfy the requirement in subsection (5).
Textual Amendments
F1S. 41(2A) inserted (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2), ss. 21, 30(2) (with s. 29); S.I. 2019/1150, art. 2(b)
Commencement Information
I3S. 41 in force at 1.12.2014 for specified purposes by S.I. 2014/3127, art. 2(c), Sch. Pt. 3
I4S. 41 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066, art. 2
42DirectionsE+W
(1)In exercising its functions under this Part, a licensing authority must comply with any directions given by the Welsh Ministers.
(2)In exercising functions under this Part other than as a licensing authority, a local housing authority must comply with any directions given by the Welsh Ministers.
(3)A direction under subsection (2) may be given generally or to authorities of a specified description.
(4)A direction given under this section—
(a)may be varied or revoked by a subsequent direction;
(b)must be published.
Commencement Information
I5S. 42 in force at 1.12.2014 for specified purposes by S.I. 2014/3127, art. 2(b), Sch. Pt. 2
I6S. 42 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066, art. 2