Penalty

50HGrounds for imposition

1

The Welsh Ministers may require a registered social landlord to pay a penalty if they are satisfied that—

a

any of the following cases applies, and

b

the imposition of a penalty is appropriate (whether or not as part of a response including other action).

2

Case 1 is where the registered social landlord has failed to meet a standard under section 33A.

3

Case 2 is where there has been misconduct or mismanagement in the affairs of the registered social landlord.

4

Case 3 is where the registered social landlord has failed to comply with an enforcement notice.

5

Case 4 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.

6

Case 5 is where an offence under this Part has been committed by the registered social landlord.

7

Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)—

a

Case 5 applies,

b

the Welsh Ministers may require the other person to pay a penalty, and

c

this Chapter applies with the substitution of references to that other person for references to the registered social landlord.

8

In order to rely on Case 5 the Welsh Ministers must be satisfied beyond reasonable doubt that it applies.