Housing (Wales) Measure 2011

1 Power to apply for direction suspending the right to buy and related rights

(1) A local housing authority may apply to the Welsh Ministers for a direction suspending the right to buy and related rights in its area for a period of up to five years if—

(a) within the period of six months preceding the application, the authority has completed a consultation exercise in accordance with section 2, and

(b) in the light of that exercise, and having considered any other relevant information, the authority concludes that the condition described in subsection (2) exists.

(2) The condition (referred to in this Part as the “housing pressure condition”) is that—

(a) within the local housing authority’s area, the demand for social housing substantially exceeds its supply or is likely to do so, and

(b) that imbalance between supply and demand is likely to increase as a result of the exercise of the right to buy and related rights.

(3) For the purposes of this Part, the following are rights related to the right to buy—

(a) the right to buy as extended under section 171 of the Housing Act 1985;

(b) the preserved right to buy under section 171A of the Housing Act 1985;

(c) the right to acquire under section 16 of the Housing Act 1996;

(d) the right to acquire as extended under section 16A of the Housing Act 1996.

(4) A local housing authority may conclude that paragraph (a) of subsection (2) is met—

(a) in relation to all social housing in its area;

(b) in relation to all social housing in a certain part or parts of its area;

(c) in relation to a certain type or types of social housing (whether throughout its area or in a certain part or parts of its area).

(5) For the purposes of this Part, a type of social housing may be identified by reference to any, or any combination of, the following—

(a) special needs of tenants;

(b) description of dwelling-house;

(c) type of social housing provider (which may include a particular provider).