The Development Board for Rural Wales (Transfer of Housing Stock) Regulations 1993

Tenant Consultation

13.—(1) The Board shall appoint a teller, independent of itself, the authority, and any approved person to conduct any consultation under regulation 12 and shall give the teller such information and assistance as the teller shall reasonably require.

(2) The teller shall send to each tenant being consulted:—

(a) a statement in both English and Welsh prepared by the Board:—

(i) explaining the operation and purpose of the consultation; and

(ii) that in this regulation consultation is by a ballot; and

(iii) stating the date by which the tenant has to respond to the voting form

(b) a voting form in both English and Welsh; and

(c) separate statements, approved by the Board with the consent of the Secretary of State but subject to paragraph (8) prepared by the applicants who served the notice in reply referred to in regulation 11(3), stating their intentions in relation to the housing stock they may acquire and the address and telephone number from which the tenants may seek further information; and

(d) a reply-paid envelope for the return of the voting form to the teller.

(3) The teller shall send a notice to each tenant recording his vote or that no vote is recorded for that tenant and shall on the basis of voting forms received by the teller before the date specified in the statement mentioned in paragraph (2)(a)(iii) (which may be a different period for different parcels) inform the Board and each tenant of the result of the consultation.

(4) Every person who is a tenant on the first day on which the teller sends documents to any tenants under paragraph (2) shall be consulted under that consultation, except any tenant who at that date either:—

(a) is obliged to give up possession of the dwelling in pursuance of an order of the court; or

(b) will be so obliged at a date specified in such an order, unless in either case the Board certifies to the teller that it no longer intends to enforce the order.

(5) For the purpose of this regulation, joint tenants shall each be entitled to a vote and shall each be sent a copy of the documents specified in paragraphs (2) and (3).

(6) For the purpose of this regulation, tenants of long tenancies affected by a transfer of dwellings and retained dwelling tenants, shall each be entitled to vote and shall each be sent a copy of the documents specified in paragraphs (2) and (3).

(7) The Board shall pay:—

(a) the reasonable fees and expenses of the teller in pursuance of the duties in paragraphs (2) and (3); and

(b) a reasonable amount in respect of the costs of the applicants incurred in the preparation of the statement mentioned in paragraph (2)(c) and in answering queries from tenants.

(8) Where the Board or the Secretary of State is of the opinion that a statement submitted to the Board under paragraph 2(2) is misleading or inaccurate in any particular, the Board shall either require a new statement to be prepared or approve the statement save for that particular and direct the teller to send to each tenant being consulted the submitted statement together with an additional statement prepared by the Board which they and the Secretary of State consider corrects the inaccurate or misleading particular.

(9) Any dispute arising under paragraph (8) between the Board and the teller or the Board and any of the applicants shall be resolved by the Secretary of State, or else resolved by the Board and the teller taking such steps as the Secretary of State shall determine.