Search Legislation

Housing (Wales) Measure 2011

Status:

This version of this chapter contains provisions that are prospective. Help about Status

Close

Status

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:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes over time for: CHAPTER 4

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Housing (Wales) Measure 2011, CHAPTER 4. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

CHAPTER 4WENFORCEMENT

GeneralW

50Welsh Ministers' enforcement powers: generalW

After section 50 of the Housing Act 1996 insert—

CHAPTER 4AWENFORCEMENT POWERS
GeneralW
50AApplication of Chapter 4A

This Chapter does not apply in relation to a registered social landlord's provision of housing in England.

51Exercise of enforcement powersW

After section 50A of the Housing Act 1996 insert—

50BExercise of enforcement powers

(1)This section applies where the Welsh Ministers are deciding—

(a)whether to exercise an enforcement power,

(b)which enforcement power to exercise, or

(c)how to exercise an enforcement power.

(2)The Welsh Ministers must consider—

(a)the desirability of registered social landlords being free to choose how to provide services and conduct business;

(b)whether the failure or other problem concerned is serious or trivial;

(c)whether the failure or other problem is a recurrent or isolated incident;

(d)the speed with which the failure or other problem needs to be addressed.

(3)In subsection (1), an “enforcement power” means a power exercisable under any of the following provisions—

  • this Chapter,

  • paragraphs 4, 6 to 8, 14 to 15B, 15D, 15F and 15H of Part 2 of Schedule 1,

  • paragraphs 20 to 27 of Part 4 of Schedule 1.

Enforcement noticeW

52Grounds for giving noticeW

After section 50B of the Housing Act 1996 insert—

Enforcement noticeW
50CGrounds for giving notice

(1)The Welsh Ministers may give an enforcement notice to a registered social landlord if they are satisfied that—

(a)any of the following cases applies, and

(b)giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).

(2)Case 1 is where the registered social landlord has failed to meet a standard applicable to it under section 33A.

(3)Case 2 is where there has been misconduct or mismanagement in the affairs of the registered social landlord.

(4)Case 3 is where the registered social landlord has failed to comply with an earlier enforcement notice.

(5)Case 4 is where the registered social landlord has failed to publish information in accordance with a requirement under section 50I(3) or 50Q(3).

(6)Case 5 is where the interests of tenants of the registered social landlord require protection.

(7)Case 6 is where the registered social landlord's assets require protection.

(8)Case 7 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.

(9)Case 8 is where an offence under this Part has been committed by the registered social landlord.

(10)Case 9 is where the registered social landlord has failed to implement a recommendation made by the Public Services Ombudsman for Wales in a report prepared under section 16 of the Public Services Ombudsman (Wales) Act 2005.

(11)Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)—

(a)Case 8 applies,

(b)the Welsh Ministers may give an enforcement notice to the other person, and

(c)this Chapter applies with the substitution of references to that other person for references to the registered social landlord.

53ContentW

After section 50C of the Housing Act 1996 insert—

50DContent

(1)An enforcement notice must—

(a)specify the grounds on which it is given,

(b)specify the action the Welsh Ministers want the registered social landlord to take in response to the notice,

(c)specify when the action is to be taken (which may be immediately on receipt of the notice), and

(d)explain the effect of sections 50E to 50G.

(2)The action specified in an enforcement notice may include publishing the notice in a specified manner.

54AppealW

After section 50D of the Housing Act 1996 insert—

50EAppeal

A registered social landlord who is given an enforcement notice may appeal to the High Court.

55WithdrawalW

After section 50E of the Housing Act 1996 insert—

50FWithdrawal

The Welsh Ministers may withdraw an enforcement notice by notice to the registered social landlord.

56SanctionW

After section 50F of the Housing Act 1996 insert—

50GSanction

(1)In the case of an enforcement notice given to a person other than the registered social landlord by virtue of section 50C(11), the Welsh Ministers may only—

(a)exercise the power to issue a penalty notice to the person in accordance with the next group of sections, or

(b)take steps to have the person prosecuted for the offence by reference to which the enforcement notice was given.

(2)A person to whom an enforcement notice is given on the ground in Case 8 of section 50C may not be prosecuted for the offence by reference to which the enforcement notice was given unless the person fails to comply with the enforcement notice.

PenaltyW

57Grounds for impositionW

After section 50G of the Housing Act 1996 insert—

PenaltyW
50HGrounds for imposition

(1)The Welsh Ministers may require a registered social landlord to pay a penalty if they are satisfied that—

(a)any of the following cases applies, and

(b)the imposition of a penalty is appropriate (whether or not as part of a response including other action).

(2)Case 1 is where the registered social landlord has failed to meet a standard under section 33A.

(3)Case 2 is where there has been misconduct or mismanagement in the affairs of the registered social landlord.

(4)Case 3 is where the registered social landlord has failed to comply with an enforcement notice.

(5)Case 4 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.

(6)Case 5 is where an offence under this Part has been committed by the registered social landlord.

(7)Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)—

(a)Case 5 applies,

(b)the Welsh Ministers may require the other person to pay a penalty, and

(c)this Chapter applies with the substitution of references to that other person for references to the registered social landlord.

(8)In order to rely on Case 5 the Welsh Ministers must be satisfied beyond reasonable doubt that it applies.

58ImpositionW

After section 50H of the Housing Act 1996 insert—

50IImposition

(1)A penalty is imposed by the Welsh Ministers giving notice (a “penalty notice”) to the registered social landlord.

(2)The notice must specify—

(a)the grounds on which the penalty is imposed,

(b)the amount of the penalty,

(c)how the penalty must be paid,

(d)a period within which it must be paid, and

(e)any interest or additional penalty which, by virtue of section 50M, is payable in the event of late payment.

(3)The notice may require the registered social landlord to publish information about the penalty in a specified manner.

(4)The notice must explain the effect of sections 50M(1), (3) and (5) and 50N.

59AmountW

After section 50I of the Housing Act 1996 insert—

50JAmount

(1)The amount of a penalty imposed on the ground specified in Case 5 of section 50H may not exceed the maximum amount of fine that a magistrates' court could impose for the relevant offence.

(2)The amount of a penalty imposed on the ground specified in any other Case of that section may not exceed £5,000.

(3)The Welsh Ministers may by order amend the amount specified in subsection (2).

(4)An order under subsection (3) is to be made by statutory instrument and must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

60WarningW

After section 50J of the Housing Act 1996 insert—

50KWarning

(1)Before giving a penalty notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-penalty warning”)—

(a)specifying grounds on which the Welsh Ministers think a penalty could be imposed,

(b)warning the landlord that the Welsh Ministers are considering imposing a penalty,

(c)including any indication that the Welsh Ministers are able to give of the likely amount of any penalty, and

(d)explaining the effect of sections 50L, 50M(1), (3) and (5) and 50N.

(2)The Welsh Ministers must send a copy of a pre-penalty warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-penalty warning is given).

(3)A pre-penalty warning must—

(a)refer to section 6A, and

(b)indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, a penalty.

(4)A pre-penalty warning may be combined with notice under one or more of the following—

(a)section 50S,

(b)paragraphs 15C, 15E and 15G of Schedule 1.

61RepresentationsW

After section 50K of the Housing Act 1996 insert—

50LRepresentations

(1)A pre-penalty warning must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(2)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered social landlord receives the pre-penalty warning.

(3)Representations may address—

(a)whether a penalty should be imposed;

(b)the amount of any penalty that may be imposed.

(4)After the end of the period specified under subsection (1) the Welsh Ministers must—

(a)consider any representations made, and

(b)decide whether to impose a penalty.

62EnforcementW

After section 50L of the Housing Act 1996 insert—

50MEnforcement

(1)A penalty is to be treated as a debt owed to the Welsh Ministers.

(2)The Welsh Ministers may—

(a)charge interest on a penalty not paid during the period specified under section 50I(2)(d);

(b)impose one or more additional penalties where a penalty is not paid during that period.

(3)Interest and additional penalty are to be treated as penalty (and may have the effect of increasing the penalty above a limit set by section 50J).

(4)A penalty notice may include provision allowing a discount if the penalty is paid on or before a date specified in the notice (falling within the period specified under section 50I(2)(d)).

(5)A person to whom a penalty notice is given on the ground in Case 5 of section 50H may not be prosecuted for the offence by reference to which the penalty notice was given.

63AppealW

After section 50M of the Housing Act 1996 insert—

50NAppeal

A registered social landlord who is given a penalty notice may appeal to the High Court against—

(a)the imposition of the penalty,

(b)its amount, or

(c)both.

CompensationW

64Grounds for awardW

After section 50N of the Housing Act 1996 insert—

CompensationW
“50OGrounds for award

(1)The Welsh Ministers may require a registered social landlord to pay compensation if they are satisfied that—

(a)either of the following cases applies, and

(b)the award of compensation is appropriate (whether or not as part of a response including other action).

(2)Case 1 is where the registered social landlord has failed to meet a standard under section 33A.

(3)Case 2 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.

65Persons to whom compensation may be awardedW

After section 50O of the Housing Act 1996 insert—

50PPersons to whom compensation may be awarded

Compensation in respect of a failure may be awarded to one or more persons who have suffered as a result of the failure.

66AwardW

After section 50P of the Housing Act 1996 insert—

50QAward

(1)Compensation is awarded by the Welsh Ministers giving notice (a “compensation notice”) to—

(a)the registered social landlord, and

(b)the person to be compensated.

(2)The notice must specify—

(a)the grounds on which the compensation is awarded,

(b)the amount of the compensation,

(c)the person to be compensated,

(d)a period within which it must be paid, and

(e)any interest or additional compensation which, by virtue of section 50U(2), is payable in the event of late payment.

(3)The notice may require the registered social landlord to publish information about the compensation award in a specified manner.

(4)The notice must explain the effect of sections 50U(1) and (3) and 50V.

67ImpactW

After section 50Q of the Housing Act 1996 insert—

50RImpact

(1)This section applies when the Welsh Ministers are considering—

(a)whether to award compensation, or

(b)the amount of compensation to award.

(2)The Welsh Ministers must take account of any information available to them about the financial situation of the registered social landlord.

(3)The Welsh Ministers must consider the likely impact of the compensation on the registered social landlord's ability to provide services.

(4)In particular, the Welsh Minsters must aim to avoid—

(a)jeopardising the financial viability of the registered social landlord,

(b)preventing the registered social landlord from honouring financial commitments, or

(c)preventing the registered social landlord from taking action to remedy the matters on the grounds of which the compensation might be awarded.

68WarningW

After section 50R of the Housing Act 1996 insert—

50SWarning

(1)Before giving a compensation notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-compensation warning”)—

(a)specifying grounds on which the Welsh Ministers think compensation could be awarded,

(b)warning the landlord that the Welsh Ministers are considering awarding compensation to a specified person,

(c)including any indication that the Welsh Ministers are able to give of the likely amount of any compensation, and

(d)explaining the effect of sections 50T, 50U(1) and (3) and 50V.

(2)Before giving a pre-compensation warning the Welsh Ministers must consult the Public Services Ombudsman for Wales.

(3)The Welsh Ministers must send a copy of a pre-compensation warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-compensation warning is given).

(4)A pre-compensation warning must—

(a)refer to section 6A, and

(b)indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, awarding compensation.

(5)A pre-compensation warning may be combined with notice under one or more of the following—

(a)section 50K,

(b)paragraphs 15C, 15E and 15G of Schedule 1.

69RepresentationsW

After section 50S of the Housing Act 1996 insert—

50TRepresentations

(1)A pre-compensation warning must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(2)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered social landlord receives the pre-compensation warning.

(3)Representations may address—

(a)whether compensation should be awarded;

(b)the amount of any compensation that may be awarded.

(4)After the end of the period specified under subsection (1) the Welsh Ministers must—

(a)consider any representations made, and

(b)decide whether to award compensation.

70EnforcementW

After section 50T of the Housing Act 1996 insert—

50UEnforcement

(1)Compensation is to be treated as a debt owed to the person to whom it is awarded.

(2)The Welsh Ministers may —

(a)award interest on compensation not paid during the period specified under section 50Q(2)(d);

(b)award additional compensation where compensation is not paid during that period.

(3)Interest and additional compensation are to be treated as compensation.

71AppealW

After section 50U of the Housing Act 1996 insert—

50VAppeal

A registered social landlord who is given a compensation notice may appeal to the High Court against—

(a)the award of compensation,

(b)its amount, or

(c)both.

Management and constitution of registered social landlordsW

72Management tenderW

After paragraph 15A of Schedule 1 to the Housing Act 1996 insert—

Management etcW
Management tender

15B(1)This paragraph applies if the Welsh Ministers are satisfied that—

(a)a registered social landlord has failed to meet a standard under section 33A, or

(b)there has been misconduct or mismanagement in the affairs of the registered social landlord.

(2)But this paragraph does not apply where the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England.

(3)The Welsh Ministers may require the registered social landlord to implement a process specified by them for the purpose of—

(a)inviting persons to apply to undertake management functions of the registered social landlord, and

(b)selecting from the applications and making an appointment.

(4)A requirement may relate to—

(a)the registered social landlord's affairs generally, or

(b)specified affairs.

(5)A requirement must include—

(a)provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),

(b)provision for ensuring best procurement practice (and consistent with any applicable procurement law), and

(c)provision about the terms and conditions on which the manager is to be appointed (including provision about—

(i)setting, monitoring and enforcing performance standards, and

(ii)resources).

73Management tender: supplementalW

After paragraph 15B of Schedule 1 to the Housing Act 1996 insert—

Management tender: supplemental

15C(1)Before acting under paragraph 15B(3) the Welsh Ministers must give the registered social landlord a notice—

(a)specifying grounds on which action might be taken under that paragraph,

(b)warning the landlord that the Welsh Ministers are considering action under that paragraph, and

(c)explaining the effect of this paragraph.

(2)The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered social landlord receives the notice.

(4)The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5)A notice under sub-paragraph (1) must—

(a)refer to section 6A, and

(b)indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15B(3).

(6)Notice under sub-paragraph (1) may be combined with notice under one or more of the following—

(a)sections 50K and 50S,

(b)paragraphs 15E and 15G.

(7)In imposing a requirement the Welsh Ministers must have regard to views of—

(a)relevant tenants,

(b)the registered social landlord, and

(c)if they think it appropriate, any relevant local housing authority.

(8)A registered social landlord may appeal to the High Court against a requirement under paragraph 15B(3).

74Management transferW

After paragraph 15C of Schedule 1 to the Housing Act 1996 insert—

Management transfer

15D(1)This paragraph applies if, as a result of an inquiry under paragraph 20 or an audit under paragraph 22, the Welsh Ministers are satisfied that—

(a)there has been misconduct or mismanagement in the affairs of the registered social landlord, or

(b)a transfer of certain of a registered social landlord's management functions would be likely to improve the management of some or all of its affairs.

(2)But this paragraph does not apply where—

(a)the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England, or

(b)the transfer would be likely to improve the registered social landlord's management of its affairs only in relation to the provision of housing in England.

(3)The Welsh Ministers may require the registered social landlord to transfer management functions to a specified person.

(4)A requirement may relate to—

(a)the registered social landlord's affairs generally, or

(b)specified affairs.

(5)Transfer is to be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the requirement.

(6)A transferee manager is to have—

(a)any power specified in the requirement, and

(b)any other power in relation to the registered social landlord's affairs required by the manager for the purposes specified in the requirement (including the power to enter into agreements and take other action on behalf of the registered social landlord).

75Management transfer: supplementalW

After paragraph 15D of Schedule 1 to the Housing Act 1996 insert—

Management transfer: supplemental

15E(1)Before acting under paragraph 15D(3) the Welsh Ministers must give the registered social landlord a notice—

(a)specifying grounds on which action might be taken under that paragraph,

(b)warning the landlord that the Welsh Ministers are considering action under that paragraph, and

(c)explaining the effect of this paragraph.

(2)The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered social landlord receives the notice.

(4)The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5)A notice under sub-paragraph (1) must—

(a)refer to section 6A, and

(b)indicate whether or to what extent the social landlord would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15D(3).

(6)Notice under sub-paragraph (1) may be combined with notice under one or more of the following—

(a)sections 50K and 50S,

(b)paragraphs 15C and 15G.

(7)In imposing a requirement the Welsh Ministers must have regard to views of—

(a)relevant tenants,

(b)the registered social landlord, and

(c)if they think it appropriate, any relevant local housing authority.

(8)A registered social landlord may appeal to the High Court against a requirement under paragraph 15D(3).

76Appointment of manager of registered social landlordW

After paragraph 15E of Schedule 1 to the Housing Act 1996 insert—

Appointment of manager of registered social landlord

15F(1)This paragraph applies if the Welsh Ministers are satisfied that—

(a)a registered social landlord has failed to meet a standard under section 33A, or

(b)there has been misconduct or mismanagement in the affairs of the registered social landlord.

(2)But this paragraph does not apply where the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England.

(3)The Welsh Ministers may—

(a)appoint an individual as a manager of the registered social landlord, or

(b)require the registered social landlord to appoint an individual as a manager.

(4)An appointment or requirement may relate to the management of —

(a)the registered social landlord's affairs generally, or

(b)specified affairs.

(5)Appointment is to be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.

(6)A manager is to have—

(a)any power specified in the appointment or requirement, and

(b)any other power in relation to the registered social landlord's affairs required by the manager for the purposes specified in the appointment or requirement (including the power to enter into agreements and take other action on behalf of the registered social landlord).

77Appointment of manager: supplementalW

After paragraph 15F of Schedule 1 to the Housing Act 1996 insert—

Appointment of manager: supplemental

15G(1)Before acting under paragraph 15F(3) the Welsh Ministers must give the registered social landlord a notice—

(a)specifying grounds on which action might be taken under that paragraph,

(b)warning the landlord that the Welsh Ministers are considering action under that paragraph, and

(c)explaining the effect of this paragraph.

(2)The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(3)The period must—

(a)be a period of at least 28 days, and

(b)begin with the date on which the registered social landlord receives the notice.

(4)The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5)A notice under sub-paragraph (1) must—

(a)refer to section 6A, and

(b)indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15F(3).

(6)Notice under sub-paragraph (1) may be combined with notice under one or more of the following—

(a)sections 50K and 50S,

(b)paragraphs 15C and 15E.

(7)The Welsh Ministers may require a manager to report to them on the affairs specified in the appointment or requirement under paragraph 15F(3).

(8)A registered social landlord may appeal to the High Court against an appointment or requirement under paragraph 15F(3).

78AmalgamationW

After paragraph 15G of Schedule 1 to the Housing Act 1996 insert—

Amalgamation

15H(1)This paragraph applies if as a result of an inquiry under paragraph 20 or an audit under paragraph 22, the Welsh Ministers are satisfied that—

(a)there has been misconduct or mismanagement in the affairs of a registered social landlord which is an industrial and provident society, or

(b)the management of the affairs of a registered social landlord which is an industrial and provident society would be improved if the landlord were amalgamated with another industrial and provident society.

(2)But this paragraph does not apply where—

(a)the misconduct or mismanagement relates only to the registered social landlord's provision of housing in England, or

(b)the amalgamation would improve the management of the registered social landlord's affairs only in relation to the provision of housing in England.

(3)The Welsh Ministers may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another industrial and provident society.

(4)An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a special resolution by S1 under section 50 of the Industrial and Provident Societies Act 1965 (amalgamation of societies by special resolution).

(5)A copy of an instrument must be sent to and registered by the Financial Services Authority.

(6)An instrument does not take effect until the copy is registered.

(7)The copy must be sent for registration during the period of 14 days beginning with the date of execution, but a copy registered after that period is valid.

(8)Any body created by virtue of an amalgamation must be registered as a social landlord by the Welsh Ministers, and pending registration is to be treated as registered.

79Restrictions on dealings during an inquiryW

In paragraph 23 of Schedule 1 to the Housing Act 1996 (powers exercisable on interim basis), after sub-paragraph (2) insert—

(2A)Before making an order under sub-paragraph (2)(b) or (c) the Welsh Ministers must take all reasonable steps to give notice to the registered social landlord and, in the case of an order under sub-paragraph (2)(b), to the person to whom the order is directed.

80Restrictions on dealings following an inquiry or extraordinary auditW

(1)Amend paragraph 24 of Schedule 1 to the Housing Act 1996 (powers exercisable as a result of final report or audit) as follows.

(2)After sub-paragraph (3) insert—

(3A)Before making an order under sub-paragraph (2)(c) or (d) the Welsh Ministers must take all reasonable steps to give notice to the registered social landlord and, in the case of an order under sub-paragraph (2)(c), to the person to whom the order is directed.

(3)After sub-paragraph (6) add—

(7)An order under sub-paragraph (2)(c) or (d) has effect until revoked by the Welsh Ministers.

81Disqualification of removed personW

(1)In paragraph 25 of Schedule 1 to the Housing Act 1996 (disqualification as officer of registered social landlord), after sub-paragraph (4) insert—

(4A)The register must show details of any waivers.

82Acting while disqualifiedW

(1)Amend paragraph 26 of Schedule 1 to the Housing Act 1996 (persons acting as officer while disqualified) as follows.

(2)In sub-paragraph (1)(a) for “six months” substitute “ 12 months ”.

(3)After sub-paragraph (1) insert—

(1A)In relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (short sentences) the reference in sub-paragraph (1)(a) to 12 months has effect as if it were a reference to 6 months.

(4)After sub-paragraph (4) add—

(5)If a person fails to comply with an order directing repayment, the registered social landlord or the Welsh Ministers (as the case may be) may recover the sum or specified amount as a debt.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources