The Housing (Interim Management Orders) (Prescribed Circumstances) (Wales) Order 2006

Welsh Statutory Instruments

2006 No. 1706 (W.168)

HOUSING, WALES

The Housing (Interim Management Orders) (Prescribed Circumstances) (Wales) Order 2006

Made

27 June 2006

Coming into force

30 June 2006

The National Assembly for Wales, in exercise of the powers conferred on it by section 103(5)(a) and (6) of the Housing Act 2004(1) makes the following Order:

Title, commencement and application

1.—(1) The title of this Order is The Housing (Interim Management Orders) (Prescribed Circumstances) (Wales) Order 2006 and it comes into force on 30 June 2006.

(2) This Order applies to houses in Wales to which section 103 of the Housing Act 2004 (“the Act”) applies(2).

Prescribed circumstances for authorisation of interim management orders to which this Order applies

2.—(1) The following circumstances are prescribed for the purposes of section 103(3) of the Act—

(a) the area in which the house is located is experiencing a significant and persistent problem caused by anti-social behaviour(3);

(b) that problem is attributable, in whole or in part, to the anti-social behaviour of an occupier of the house;

(c) the landlord of the house is a private sector landlord;

(d) the landlord of the house is failing to take action to combat that problem which it would be appropriate for a landlord to take; and

(e) the making of an interim management order, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, will lead to a reduction in, or elimination of that problem.

(2) In this article “private sector landlord” does not include a registered social landlord within the meaning of Part 1 of the Housing Act 1996(4)

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)

D. Elis-Thomas

The Presiding Officer of the National Assembly

27 June 2006

Explanatory Note

(This note is not part of the Order)

This Order prescribes the category of circumstances that need to be satisfied before a residential property tribunal can authorise a local housing authority to make an interim management order in respect of a house to which section 103 of the Housing Act 2004 (“the Act”) applies.

An interim management order is an order made by a local housing authority in respect of a house in multiple occupation as defined in sections 254 to 259 of the Act or a house to which Part 3 of the Act applies. Section 102 of the Act describes the circumstances in which a local housing authority must make an interim management order and when it has discretion to do so. The discretionary making of such an order must be authorised by a residential property tribunal.

Section 103 makes special provision about a house which is occupied either under a single tenancy or licence that is not an exempt tenancy or licence under section 79(3) or (4) of the Act, or under two or more tenancies or licences in respect of different dwellings contained in it, none of which is an exempt tenancy under section 79(3) or (4) of the Act.

Under section 103(2) a residential property tribunal may only authorise a local housing authority to make an interim management order in respect of such a house if the conditions contained in sections 103(3) and (4) of the Act are satisfied.

The condition in section 103(3) is that the circumstances relating to the house fall within a category of prescribed circumstances. The condition in section 103(4) is that the making of an order is necessary for the purposes of protecting the health, safety or welfare of persons occupying, visiting or otherwise engaging in the lawful activities in the vicinity of the house.

This Order prescribes the circumstances for the purposes of the condition in section 103(3). These are that the area in which the house is situated is experiencing a significant and persistent problem caused by anti-social behaviour, that the problem is attributable, in whole or in part, to an occupier of the house, that the landlord is a private sector landlord and is failing to take action which would be appropriate for the landlord to take to combat the problem.

A full regulatory appraisal of the effects that this Order will have is available from the Private Sector Unit, Department for Social Justice and Regeneration, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ; (telephone:-02920825111);

(e-mail:— [e-mail]).

(1)

2004 c. 34. The powers conferred by section 103(5) of the Act are exercisable, as respects Wales, by the National Assembly for Wales and, as respects England, by the Secretary of State. See the definition of “the appropriate national authority” in section 261(1).

(2)

See section 103(1) of the Housing Act 2004. For the meaning of “house” see sections 103(7) and 99 of the Act.

(3)

For the meaning of “anti-social behaviour” see section 57(5) of the Act.

(4)

1996 c. 52.

(5)

1998 c. 38.