C1C2Part IF1Social Rented Sector F2regulated by the Welsh Ministers
Words 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)
Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3
Pt. 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.)
F3CHAPTER 4AENFORCEMENT POWERS
Pt. I Ch. 4A and s. 50A and cross-heading inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 50, 90(2); S.I. 2011/2475, arts. 1(2), 2(h)
F4Penalty
S. 50H and cross-heading 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. 57, 90(2); S.I. 2011/2475, arts. 1(2), 2(k), 3(f)
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.
F63
Case 2 is where the registered social landlord has failed to comply with a requirement imposed by or under an enactment.
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.
F56A
But Case 2 is not to be treated as applying if any of the other cases listed in this section applies.
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.
Pt. 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.)