Housing (Wales) Measure 2011

Housing (Wales) Measure 2011

5

Commentary on Sections

Part 2: Registered Social Landlords

Chapter 4 – Enforcement

Penalty

Section 57 - Grounds for imposition

129. This section inserts a new section 50H into the 1996 Act to specify the grounds on which the Welsh Ministers may decide to require RSLs to pay penalties. As well as being satisfied that one of the cases specified in this section applies, the Welsh Ministers must also be satisfied that a penalty is appropriate for the identified problem.

130. Subsections (2) to (6) of new section 50H specify the cases where the Welsh Ministers may issue a penalty. These cases are where:

• the RSL has failed to meet a standard under section 33A;

• the affairs of the RSL have been mismanaged;

• the RSL has failed to comply with an enforcement notice;

• the RSL has failed to comply with an undertaking that it has given to the Welsh Ministers;

• where offences under Part 1 of the 1996 Act have been committed by the RSL.

131. Subsection (7) provides that where the Welsh Ministers are satisfied that an offence has been committed in respect of a RSL by another person, the case for imposing a penalty is that which is set out in subsection (6), and the Welsh Ministers may require that other person rather than the RSL to pay the penalty. This subsection also provides that, in such cases, references in Chapter 4A of the 1996 Act to a RSL should be read as references to that other person.

132. Subsection (8) requires the Welsh Ministers to be satisfied beyond reasonable doubt if they wish to rely on the case described in subsection (6) as a basis for the imposition of a penalty.