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Part IU.K. [F1Social Rented Sector [F2regulated by the Welsh Ministers]]

Textual Amendments

F1Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F2Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)

Modifications etc. (not altering text)

C1Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

C2Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Chapter IVE+W General powers of the [F3Relevant Authority]

Textual Amendments

F3Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Standards of performanceE+W

[F433AStandards of performanceE+W

(1)The Welsh Ministers may set standards to be met by registered social landlords in connection with—

(a)their functions relating to the provision of housing, and

(b)matters relating to their governance and financial management.

(2)In setting standards the Welsh Ministers must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.

[F5(2A)Standards set under subsection (1) may require registered social landlords to comply with rules specified in the standards.

(2B)The Welsh Ministers may—

(a)revise the standards by issuing further standards under this section;

(b)withdraw the standards by issuing further standards under this section or by notice.

(2C)The Welsh Ministers must publish any standards or notice under this section.]

(3)This section does not apply in relation to a registered social landlord's provision of housing in England.]

Textual Amendments

F4S. 33A inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 35, 90(2); S.I. 2011/2475, arts. 1(2), 2(a), 3(a)

[F633BGuidance on standards of performanceE+W

(1)The Welsh Ministers may issue guidance that—

(a)relates to a matter addressed by a standard, and

(b)amplifies the standard.

(2)In considering whether standards have been met the Welsh Ministers may have regard to the guidance.

[F7(3)The Welsh Ministers may—

(a)revise the guidance by issuing further guidance under this section;

(b)withdraw the guidance by issuing further guidance under this section or by notice.]

[F8(4)The Welsh Ministers must publish any guidance or notice under this section.]]

Textual Amendments

F6S. 33B inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 36, 90(2); S.I. 2011/2475, arts. 1(2), 2(b), 3(b)

[F933CConsultationE+W

Before setting [F10, revising or withdrawing] standards under section 33A, or issuing, revising or withdrawing guidance under section 33B, the Welsh Ministers must consult -

(a)one or more bodies appearing to them to represent the interests of registered social landlords,

(b)one or more bodies appearing to them to represent the interests of tenants, and

(c)one or more bodies appearing to them to represent the interests of local housing authorities.]

Textual Amendments

34 Standards of performance [F11– housing in England] .E+W

The [F12Relevant Authority] may, after consultation with persons or bodies appearing to it to be representative of registered social landlords, from time to time—

(a)determine such standards of performance in connection with the provision of housing [F13in England] as, in its opinion, ought to be achieved by such landlords, and

(b)arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined.

Textual Amendments

F12Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

Modifications etc. (not altering text)

C3S. 34 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1

35 Information as to levels of performance.E+W

[F14(A1)The Welsh Ministers shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with—

(a)their functions relating to the provision of housing in Wales, and

(b)matters relating to their governance and financial management.]

(1)The [F15Relevant Authority] shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with the provision of housing [F16in England] .

(2)On or before such date in each year as may be specified in a direction given by [F17the Welsh Ministers], each registered social landlord shall provide [F17the Welsh Ministers], as respects each standard determined under [F18section 33A or 34], with such information as to the level of performance achieved by him as may be so specified.

(3)A registered social landlord who without reasonable excuse fails to do anything required of him by a direction under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings for such an offence may be brought only by or with the consent of [F17the Welsh Ministers] or the Director of Public Prosecutions.

(4)The [F15Relevant Authority] shall at least once in every year arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or provided to it under this section as appears to it expedient to give to tenants or potential tenants of registered social landlords.

(5)In arranging for the publication of any such information [F17the Welsh Ministers] shall have regard to the need for excluding, so far as that is practicable—

(a)any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the [F17the Welsh Ministers], seriously and prejudicially affect the interests of that individual; and

(b)any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of [F17the Welsh Ministers], seriously and prejudicially affect the interests of that body.

Textual Amendments

F15Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.

F17Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F18Words in s. 35(2) substituted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 38(4), 90(2); S.I. 2011/2475, arts. 1(2), 3(c)

Commencement Information

I1S. 35 wholly in force 1.4.1998: s. 35 not in force at Royal Assent see s. 232(1)-(3); s. 35(1)(2)(3)(5) in force at 1.4.1997 and s. 35(4) in force at 1.4.1998 by S.I. 1997/618, arts. 2, 3