The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing (Wales) Measure 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Measure. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Measure you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Amend section 37 of the Housing Act 1996 (power to enter premises to carry out survey and examination) as follows.
(2)In subsection (3)—
(a)the second sentence of the existing provision becomes subsection (3A),
(b)in subsection (3A), for “who fails to do so” substitute “ who fails, without reasonable excuse, to give the required notice in relation to premises in Wales ”, and
(c)after subsection (3A) insert—
“(3B)A landlord who fails to give the required notice in relation to premises in England commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(3)In subsection (4), for “(3)” substitute “ (3A) or (3B) ”.
After Part 3 of Schedule 1 to the Housing Act 1996 insert—
19B(1)This Part provides for the inspection of a registered social landlord's affairs.
(2)But this Part does not apply in relation to affairs relating only to the provision of housing in England.”
After paragraph 19B of Schedule 1 to the Housing Act 1996 insert—“Inspection
19C(1)The Welsh Ministers—
(a)may inspect a registered social landlord's affairs, or
(b)may arrange for another person to do so.
(2)An inspection may be general or specific.
(3)If the Welsh Ministers arrange for a person to carry out an inspection, they may direct that person to discontinue it.
(4)If the Welsh Ministers arrange for a person to carry out an inspection, the arrangements may include (among other things) provision about payments.”
After paragraph 19C of Schedule 1 to the Housing Act 1996 insert—“Inspection: supplemental
19D(1)The person carrying out the inspection must produce a written report.
(2)The Welsh Ministers—
(a)must give the registered social landlord a copy of the report, and
(b)may publish the report and related information.
(3)If the Welsh Ministers have arranged for a person to carry out the inspection, that person may publish the report and related information (whether or not the Welsh Ministers have done so).
(4)If a registered social landlord is inspected, the Welsh Ministers may charge a fee.
(5)A registered social landlord must pay any fee charged to—
(a)the person with whom the Welsh Ministers have made an arrangement to carry out an inspection (if any), or
(b)the Welsh Ministers.
(6)The Welsh Ministers may direct a registered social landlord to pay the fee to one of those persons.
(7)If a fee is paid to a person other than the Welsh Ministers, that person must notify the Welsh Ministers about the payment.”
After paragraph 19D of Schedule 1 to the Housing Act 1996 insert—“Inspector's powers to require provision of documents or information
19E(1)An inspector may by notice require a person to provide specified documents or information.
(2)A requirement may specify—
(a)the form and manner in which a document or information is to be provided (which may include the provision of a legible copy of information stored electronically);
(b)when and where it is to be provided.
(3)The inspector may copy or record documents or information provided.
(4)Failure to comply with a requirement without reasonable excuse is an offence.
(5)Intentionally altering, suppressing or destroying a document or information to which a requirement relates is an offence.
(6)If a person fails to comply with a requirement the High Court may, on an application by the inspector, make an order for the purpose of remedying the failure.
(7)In this paragraph “inspector” means—
(a)the Welsh Ministers, or
(b)a person authorised in writing by the Welsh Ministers to exercise the powers under this paragraph for the purpose of an inspection under paragraph 19C.”
After paragraph 19E of Schedule 1 to the Housing Act 1996 insert—“Inspector's powers to require provision of documents or information: supplemental
19F(1)A requirement does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.
(2)A requirement does not require a banker to breach a duty of confidentiality owed to a person who is not—
(a)the registered social landlord to whose affairs or activities the document or information relates,
(b)a subsidiary of that landlord, or
(c)an associate of that landlord.
(3)A person guilty of an offence under paragraph 19E(4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4)A person guilty of an offence under paragraph 19E(5) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to—
(i)imprisonment for a term not exceeding two years,
(ii)a fine, or
(5)Proceedings for an offence under paragraph 19E(4) or (5) may be brought only by or with the consent of—
(a)the Welsh Ministers, or
(b)the Director of Public Prosecutions.”
After paragraph 19F of Schedule 1 to the Housing Act 1996 insert—“Inspector's powers of entry and inspection
19G(1)An inspector may at any reasonable time—
(a)enter premises occupied by the registered social landlord which is being inspected, and
(b)inspect, copy or take away documents found there.
(2)But the inspector may not enter residential accommodation (whether the residential accommodation is the whole of, or only part of, premises occupied by the registered social landlord).
(3)The reference to documents found on the premises includes (but is not limited to)—
(a)documents stored on computers or electronic storage devices on the premises, and
(b)documents stored elsewhere which can be accessed by computers on the premises.
(4)The power to inspect documents includes (but is not limited to) the power to inspect any computer or electronic storage device on which they have been created or stored.
(5)An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.
(6)For the purposes of sub-paragraphs (3) and (4) an inspector may require any person having charge of a computer to provide any assistance that the inspector reasonably requests.
(7)It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by sub-paragraphs (1) to (6).
(8)A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9)Proceedings for an offence may be brought only by or with the consent of—
(a)the Welsh Ministers, or
(b)the Director of Public Prosecutions.
(10)In this paragraph—
the Welsh Ministers, or
a person authorised in writing by the Welsh Ministers to exercise the powers under this paragraph for the purpose of an inspection under paragraph 19C;
“residential accommodation” means accommodation of any description (including, but not limited to, a dwelling or residential accommodation in a hostel) that is occupied by one or more persons as a permanent or temporary place of residence (whether or not it is also occupied by any person for any other purpose).”
In paragraph 22 of Schedule 1 to the Housing Act 1996 (extraordinary audit for purposes of inquiry), in sub-paragraph (4), for “the Welsh Ministers” substitute “ the registered social landlord in respect of which the inquiry is being conducted ”.
The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Measure you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: