The Housing (Wales) Measure 2011 (Commencement No. 1) Order 2011

Explanatory Note

(This note is not part of the Order)

This Order, made by the Welsh Ministers, commences the majority of Part 2 (Registered Social Landlords) of the Housing (Wales) Measure 2011 (“the Measure”) on 18 October 2011 (“the first commencement date”) with the remainder coming into force on 2 December 2011 (“the second commencement date”).

This is the first Commencement Order made under the Measure.

Part 3 (Supplementary and Final Provisions) of the Measure came into force, pursuant to section 90(2), with effect from 10 July 2011 (two months after the Measure was approved by her Majesty in Council).

Part 2 of the Measure amends Part 1 of, and Schedule 1 to, the Housing Act 1996.

The effect of the sections which are brought into force on the first commencement date is as follows:

Chapter 1 of Part 2 of the Measure relates to the performance of Registered Social Landlords. Sections 35 and 36 of Chapter 1 are partially brought into force for the purposes of consultation on setting standards of performance under section 33A of the Housing Act 1996 and issuing guidance on standards of performance under section 33B of the Housing Act 1996. Sections 35 and 36 are brought fully into force on the second commencement date.

Chapter 2 is commenced and makes provision for Registered Social Landlords to give, and for the Welsh Ministers to accept, voluntary undertakings in lieu of other methods of enforcement.

Chapter 3 is commenced except for section 42, which comes into force on the second commencement date, and makes provision for surveys and inspections.

Chapter 4 is commenced except where provisions relate to the standards of performance to be set under Chapter 1. Chapter 4 makes provision for the Welsh Ministers to take enforcement action against Registered Social Landlords.

Chapter 5 is commenced and contains miscellaneous provisions including the appointment of an interim manager, removal of officers, and minor and consequential amendments. The majority of the minor and consequential amendments in the Schedule to the Measure come into force on the first commencement date with the remainder coming into force on the second commencement date when the remainder of Chapters 1 and 4 come into force.