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The Prevention of Social Housing Fraud (Detection of Fraud) (Wales) Regulations 2014

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Authorisation by local authorities

3.—(1) Subject to paragraphs (2) and (3), a local authority may grant an authorisation to an individual to exercise the powers conferred on an authorised officer under regulation 4.

(2) A local authority may only grant authorisation to an individual if that person is—

(a)an individual employed by that authority; or

(b)an individual employed by another local authority or joint committee that carries out functions relating to housing fraud investigation purposes on behalf of that authority.

(3) An authorisation granted to an individual for the purposes of these Regulations—

(a)must be in writing and provided to that individual as evidence of their entitlement to exercise powers conferred by these Regulations;

(b)may contain provision as to the period for which the authorisation is to have effect; and

(c)may restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes or in particular circumstances.

(4) An authorisation may be withdrawn at any time in writing by the local authority that granted it.

(5) The written authorisation or withdrawal of an authorisation by any local authority must be signed by either—

(a)the officer designated under section 4 of the Local Government and Housing Act 1989(1) as the head of the authority’s paid service; or

(b)the officer who is the authority’s chief finance officer (within the meaning of section 5 of that Act).

(6) An individual who for the time being is authorised for the purposes of regulation 4, is only entitled to exercise any of the powers which are conferred on an authorised officer by that regulation for housing fraud investigation purposes.

(7) An authorised officer may exercise the powers conferred under regulation 4 in relation to a dwelling-house—

(a)whether or not that dwelling-house is or was let under a tenancy under which the landlord is or was the authority by which the officer’s authorisation was granted; and

(b)whether or not that dwelling house is located in the area of the authority by which the officer’s authorisation was granted.

(1)

1989 c.42. Amendments have been made to sections 4 and 5 which are not relevant to these Regulations.

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