PART 2

REGISTERED SOCIAL LANDLORDS
CHAPTER 4

ENFORCEMENT

Penalty

Warning
60
After section 50J of the Housing Act 1996 insert—

Warning
50K
1
Before giving a penalty notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-penalty warning”)—
a
specifying grounds on which the Welsh Ministers think a penalty could be imposed,
b
warning the landlord that the Welsh Ministers are considering imposing a penalty,
c
including any indication that the Welsh Ministers are able to give of the likely amount of any penalty, and
d
explaining the effect of sections 50L, 50M(1), (3) and (5) and 50N.
2
The Welsh Ministers must send a copy of a pre-penalty warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-penalty warning is given).
3
A pre-penalty warning must—
a
refer to section 6A, and
b
indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, a penalty.
4
A pre-penalty warning may be combined with notice under one or more of the following—
a
section 50S,
b
paragraphs 15C, 15E and 15G of Schedule 1.