RHAN 2LANDLORDIAID CYMDEITHASOL COFRESTREDIG
PENNOD 3RHEOLEIDDIO
Cynnal arolygiad
43Cynnal arolygiad: trosolwg a chymhwyso
Ar ôl Rhan 3 o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—
PART 3AINSPECTION
19BOverview and application
1
This Part provides for the inspection of a registered social 9 9 landlord’s affairs.
2
But this Part does not apply in relation to affairs relating only to the provision of housing in England.
44Cynnal arolygiad
Ar ôl paragraff 19B o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—
19CInspection
1
The Welsh Ministers—
a
may inspect a registered social landlord’s affairs, or
b
may arrange for another person to do so.
2
An inspection may be general or specific.
3
If the Welsh Ministers arrange for a person to carry out an inspection, they may direct that person to discontinue it.
4
If the Welsh Ministers arrange for a person to carry out an inspection, the arrangements may include (among other things) provision about payments.
45Cynnal arolygiad: atodol
Ar ôl paragraff 19C o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—
19DInspection: supplemental
1
The person carrying out the inspection must produce a written report.
2
The Welsh Ministers—
a
must give the registered social landlord a copy of the report, and
b
may publish the report and related information.
3
If the Welsh Ministers have arranged for a person to carry out the inspection, that person may publish the report and related information (whether or not the Welsh Ministers have done so).
4
If a registered social landlord is inspected, the Welsh Ministers may charge a fee.
5
A registered social landlord must pay any fee charged to—
a
the person with whom the Welsh Ministers have made an arrangement to carry out an inspection (if any), or
b
the Welsh Ministers.
6
The Welsh Ministers may direct a registered social landlord to pay the fee to one of those persons.
7
If a fee is paid to a person other than the Welsh Ministers, that person must notify the Welsh Ministers about the payment.
46Pwerau arolygydd i'w gwneud yn ofynnol i ddogfennau gael eu darparu neu i wybodaeth gael ei darparu
Ar ôl paragraff 19D o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—
19EInspector’s powers to require provision of documents or information
1
An inspector may by notice require a person to provide specified documents or information.
2
A requirement may specify—
a
the form and manner in which a document or information is to be provided (which may include the provision of a legible copy of information stored electronically);
b
when and where it is to be provided.
3
The inspector may copy or record documents or information provided.
4
Failure to comply with a requirement without reasonable excuse is an offence.
5
Intentionally altering, suppressing or destroying a document or information to which a requirement relates is an offence.
6
If a person fails to comply with a requirement the High Court may, on an application by the inspector, make an order for the purpose of remedying the failure.
7
In this paragraph “inspector” means—
a
the Welsh Ministers, or
b
a person authorised in writing by the Welsh Ministers to exercise the powers under this paragraph for the purpose of an inspection under paragraph 19C.
47Pwerau arolygydd i'w gwneud yn ofynnol i ddogfennau gael eu darparu neu i wybodaeth gael ei darparu: atodol
Ar ôl paragraff 19E o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—
19FInspector’s powers to require provision of documents or information: supplemental
1
A requirement does not require a person to disclose anything which the person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the 9 9 9 High Court.
2
A requirement does not require a banker to breach a duty of confidentiality owed to a person who is not—
a
the registered social landlord to whose affairs or activities the document or information relates,
b
a subsidiary of that landlord, or
c
an associate of that landlord.
3
A person guilty of an offence under paragraph 19E(4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
A person guilty of an offence under paragraph 19E(5) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to—
i
imprisonment for a term not exceeding two years,
ii
a fine, or
iii
both.
5
Proceedings for an offence under paragraph 19E(4) or (5) may be brought only by or with the consent of—
a
the Welsh Ministers, or
b
the Director of Public Prosecutions.
48Pwerau arolygydd i gael mynediad ac edrych ar ddogfennau
Ar ôl paragraff 19F o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—
19GInspector’s powers of entry and inspection
1
An inspector may at any reasonable time—
a
enter premises occupied by the registered social landlord which is being inspected, and
b
inspect, copy or take away documents found there.
2
But the inspector may not enter residential accommodation (whether the residential accommodation is the whole of, or only part of, premises occupied by the registered social landlord).
3
The reference to documents found on the premises includes (but is not limited to)—
a
documents stored on computers or electronic storage devices on the premises, and
b
documents stored elsewhere which can be accessed by computers on the premises.
4
The power to inspect documents includes (but is not limited to) the power to inspect any computer or electronic storage device on which they have been created or stored.
5
An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.
6
For the purposes of sub-paragraphs (3) and (4) an inspector may require any person having charge of a computer to provide any assistance that the inspector reasonably requests.
7
It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by sub-paragraphs (1) to (6).
8
A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
9
Proceedings for an offence may be brought only by or with the consent of—
a
the Welsh Ministers, or
b
the Director of Public Prosecutions.
10
In this paragraph—
“inspector” means—
- a
the Welsh Ministers, or
- b
a person authorised in writing by the Welsh Ministers to exercise the powers under this paragraph for the purpose of an inspection under paragraph 19C;
“residential accommodation” means accommodation of any description (including, but not limited to, a dwelling or residential accommodation in a hostel) that is occupied by one or more persons as a permanent or temporary place of residence (whether or not it is also occupied by any person for any other purpose).