Section 41 - Voluntary Undertakings
85.Section 41 inserts a new section 6A into the 1996 Act. Section 6A makes provision about the nature of the voluntary undertakings that may be made to the Welsh Ministers by RSLs, the procedure for making undertakings, and the effect that undertakings may have.
86.Subsection (1) provides that a RSL may give an undertaking in respect of any matter concerning housing.
87.Subsection (2) provides that the Welsh Ministers may prescribe a procedure to be followed in giving an undertaking.
88.Subsection (3) provides that the Welsh Ministers must have regard to any undertaking offered or given by a RSL when exercising a regulatory or enforcement power. Subsection (4) enables the Welsh Ministers, in addition, to take into account the extent to which such undertakings have been honoured when deciding whether to exercise such a power.
89.One of the purposes of this provision is to enable RSLs to formally notify the Welsh Ministers of actions that they propose to take, and believe are necessary to ensure that their affairs are managed in accordance with the standards set by the Welsh Ministers under section 33A of the 1996 Act. It provides a mechanism by which such commitments can be brought to the attention of the Welsh Ministers, and requires the Welsh Ministers to take account of those undertakings when determining whether to investigate the performance of RSLs, and to take enforcement action where RSLs have not complied with regulatory requirements.
90.Subsection (5) defines what is meant by a “regulatory or enforcement power”.
