Search Legislation

Housing (Wales) Act 2014

Changes over time for: Cross Heading: Information

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Housing (Wales) Act 2014. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

InformationE+W

36Requests for information from authorities and use of information by authoritiesE+W

(1)If a licensing authority requests that a local housing authority provides it with information to which subsection (2) applies and which it requires for the purpose of exercising its functions under this Part, the local housing authority must comply with the request unless the local housing authority considers that doing so would—

(a)be incompatible with the local housing authority's own duties, or

(b)otherwise have an adverse effect on the exercise of the local housing authority's functions.

(2)This subsection applies to any information which has been obtained by a local housing authority in the exercise of its—

(a)functions as the local housing authority;

(b)functions under Part 1 of the Local Government Finance Act 1992 (council tax).

(3)Information obtained by a local housing authority under section 134 of the Social Security Administration Act 1992 (housing benefit) before the repeal of that section by Schedule 14 to the Welfare Reform Act 2012 is to be treated as information to which subsection (2) applies.

(4)If a licensing authority requests that another licensing authority provide it with information to which subsection (5) applies and which it requires for the purpose of exercising its functions under this Part, the other authority must comply with the request unless the other authority considers that doing so would—

(a)be incompatible with its own duties, or

(b)otherwise have an adverse effect on the exercise of its functions.

(5)This subsection applies to any information which has been obtained by a licensing authority in the exercise of its functions under this Part.

(6)A licensing authority may use any information to which subsection (2) or (5) applies (whether or not obtained under subsection (1) or (4)) for any purpose connected with the exercise of the authority's functions under this Part.

(7)If a local housing authority requests that a licensing authority provide it with information to which subsection (5) applies and which it requires for the purpose of exercising its functions under this Part, the licensing authority must comply with the request unless the licensing authority considers that doing so would—

(a)be incompatible with its own duties, or

(b)otherwise have an adverse effect on the exercise of its functions.

(8)A local housing authority may use any information to which subsection (2) or (5) applies (whether or not obtained under (7)) for any purpose connected with the exercise of the authority's functions under this Part.

Commencement Information

I1S. 36 in force at 23.11.2015 by S.I. 2015/1826, art. 2(r)

37Power to require documents to be produced or information givenE+W

(1)A person authorised in writing by a licensing authority may exercise the powers conferred by subsections (2) and (3) in relation to documents or information (as the case may be) reasonably required by the authority—

(a)for any purpose connected with the exercise of any of the authority's functions under this Part, or

(b)for the purpose of investigating whether any offence has been committed under this Part.

(2)A person authorised under subsection (1) may give a notice to a relevant person requiring that person—

(a)to produce any documents which—

(i)are specified or described in the notice, or fall within a category of document which is specified or described in the notice, and

(ii)are in the person's custody or under the person's control, and

(b)to produce them at a time and place, and to a person, specified in the notice.

(3)A person authorised under subsection (1) may give a notice to a relevant person requiring that person—

(a)to give any information which—

(i)is specified or described in the notice, or falls within a category of information which is specified or described in the notice, and

(ii)is known to the person, and

(b)to give it in a form and manner specified in the notice.

(4)The notice under subsection (2) or (3) must include information about the possible consequences of not complying with the notice.

(5)The person to whom any document is produced in accordance with a notice under subsection (2) or (3) may copy the document.

(6)No person may be required under this section to produce any document or give any information which the person would be entitled to refuse to provide in proceedings in the High Court on grounds of legal professional privilege.

(7)In this section “document” includes information recorded otherwise than in legible form, and in relation to information so recorded, any reference to the production of a document is a reference to the production of a copy of the information in legible form.

(8)In this section “relevant person” means a person within any of the following paragraphs—

(a)a person who applies for a licence under this Part or who is the holder of a licence under this Part;

(b)a person who has an estate or interest in rental property;

(c)a person who is, or is proposing to be, involved in the letting or management of a rental property;

(d)a person who occupies a rental property.

Commencement Information

I2S. 37 in force at 23.11.2015 by S.I. 2015/1826, art. 2(s)

38Enforcement of powers to obtain informationE+W

(1)A person who fails to do anything required of that person by a notice under section 37 commits an offence.

(2)In proceedings against a person for an offence under subsection (1) it is a defence that the person had a reasonable excuse for failing to comply with the notice.

(3)A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)A person who intentionally alters, suppresses or destroys any document which the person has been required to produce by a notice under section 37 commits an offence.

(5)A person who commits an offence under subsection (4) is liable on summary conviction to a fine.

(6)In this section “document” includes information recorded otherwise than in legible form, and in relation to information so recorded—

(a)the reference to the production of a document is a reference to the production of a copy of the information in legible form, and

(b)the reference to suppressing a document includes a reference to destroying the means of reproducing the information.

Commencement Information

I3S. 38 in force at 23.11.2015 by S.I. 2015/1826, art. 2(t)

39False or misleading informationE+W

(1)A person who—

(a)supplies any information to a licensing authority in connection with any of its functions under this Part which is false or misleading, and

(b)knows that it is false or misleading or is reckless as to whether it is false or misleading,

commits an offence.

(2)A person who—

(a)supplies any information to another person which is false or misleading,

(b)knows that it is false or misleading or is reckless as to whether it is false or misleading, and

(c)knows that the information is to be used for the purpose of supplying information to a licensing authority in connection with any of its functions under this Part,

commits an offence.

(3)A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine.

(4)In this section “false or misleading” means false or misleading in any material respect.

Commencement Information

I4S. 39 in force at 23.11.2015 by S.I. 2015/1826, art. 2(u)

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 Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.

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 enacted version 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