Housing (Wales) Act 2014

• (4) If it is decided that those conditions are met and the notified authority is an authority in Wales, the notified authority is subject to the duty under section 73 ( duty to help to secure accommodation for homeless applicants); for provision about cases where it is decided that those conditions are met and the notified authority is an authority in England, see section 201A of the Housing Act 1996 (cases referred from a local housing authority in Wales).

• (5) The duty under subsection (1) ceases as provided in that subsection even if the applicant requests a review of the authority's decision (see section 85).

• (6) The authority may secure that suitable accommodation is available for the applicant's occupation pending the decision on a review.

• (7) If notice required to be given to an applicant under this section is not received by the applicant, it is to be treated as having been given if it is made available at the authority's office for a reasonable period for collection by the applicant or on the applicant's behalf.

Cases referred from a local housing authority in England

83

• (1) This section applies where an application has been referred by a local housing authority in England to a local housing authority in Wales under section 198(1) of the Housing Act 1996 (referral of case to another local housing authority).

• (2) If it is decided that the conditions in that section for referral of the case are met the notified authority is subject to the following duties in respect of the person whose case is referred—

• (a) section 68 ( interim duty to secure accommodation for homeless applicants in priority need);

• (b) section 73 (duty to help to secure accommodation for homeless applicants);

for provision about cases where it is decided that the conditions for referral are not met, see section 200 of the Housing Act 1996 (duties to applicant whose case is considered for referral or referred).

• (3) Accordingly, references in this Chapter to an applicant include a reference to a person to whom the duties mentioned in subsection (2) are owed by virtue of this section.

Notice

Notice that duties have ended

84

• (1) Where a local housing authority concludes that its duty to an applicant under section 66, 68, 73 or 75 has come to an end (including where the authority has referred the applicant's case to another authority or decided that the conditions for referral are met), it must notify the applicant—

• (a) that it no longer regards itself as being subject to the relevant duty,

• (b) of the reasons why it considers that the duty has come to an end,

• (c) of the right to request a review, and

• (d) of the time within which such a request must be made.

• (2) Where a notice under subsection (1) relates to the duty in section 73 coming to an end in the circumstances described in section 74(2) or (3), it must include notice of the steps taken by the local housing authority to help to secure that suitable accommodation would be available for occupation by the applicant.

• (3) Notice under this section must be in writing.

• (4) Where a notice is not received by an applicant, the applicant may be treated as having been notified under this section if the notice is made available at the authority's office for a reasonable period for collection by the applicant or on the applicant's behalf.

Right to review and appeal

Right to request review

85

• (1) An applicant has the right to request a review of the following decisions—

• (a) a decision of a local housing authority as to the applicant's eligibility for help;

• (b) a decision of a local housing authority that a duty is not owed to the applicant under section 66, 68, 73, or 75 (duties to applicants who are homeless or threatened with homelessness);

• (c) a decision of a local housing authority that a duty owed to the applicant under section 66, 68, 73, or 75 has come to an end (including where the authority has referred the applicant's case to another authority or decided that the conditions for referral are met).

• (2) Where the duty owed to an applicant under section 73 has come to an end in the circumstances described in section 74(2) or (3), an applicant has the right to request a review of whether or not reasonable steps were taken during the period in which the duty under section 73 was owed to help to secure that suitable accommodation would be available for his or her occupation.

• (3) An applicant who is offered accommodation in, or in connection with, the discharge of any duty under this Chapter may request a review of the suitability of the accommodation offered to the applicant (whether or not he or she has accepted the offer).

• (4) There is no right to request a review of the decision reached on an earlier review.

• (5) A request for review must be made before the end of the period of 21 days (or such longer period as the authority may in writing allow) beginning with the day on which the applicant is notified of the authority's decision.

• (6) On a request being made to them, the authority or authorities concerned must review their decision.

Procedure on review

86

• (1) The Welsh Ministers may make provision by regulations as to the procedure to be followed in connection with a review under section 85.

• (2) Regulations under subsection (1) may, for example,—

• (a) require the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

• (b) provide for the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom the applicant may be represented at such a hearing, and

• (c) provide for the period within which the review must be carried out and notice given of the decision.

• (3) The authority, or as the case may be either of the authorities, concerned must notify the applicant of the decision on the review.

• (4) The authority must also notify the applicant of the reasons for the decision, if the decision is—

• (a) to confirm the original decision on any issue against the interests of the applicant, or

• (b) to confirm that reasonable steps were taken.

• (5) In any case they must inform the applicant of his or her right to appeal to the county court on a point of law, and of the period within which such an appeal must be made (see section 88).

• (6) Notice of the decision is not be treated as given unless and until subsection (5), and where applicable subsection (4), is complied with.

• (7) Notice required to be given to a person under this section must be given in writing and, if not received by that person, is to be treated as having been given if it is made available at the authority's office for a reasonable period for collection by the person or on his or her behalf.

Effect of a decision on review or appeal that reasonable steps were not taken

87

• (1) Subsection (2) applies where it is decided on review under section 85(2) or on an appeal of a decision under that section that reasonable steps were not taken.

• (2) The duty in section 73 applies to the applicant again, with the modification that the 56 day period mentioned in subsection (2) of section 74 is to be interpreted as starting on the day the authority notifies the applicant of its decision on review under section 85(2) or, on an appeal, on such date as the court may order.

Right of appeal to county court on point of law

88

• (1) An applicant who has requested a review under section 85 may appeal to the county court on any point of law arising from the decision or, as the case may be, the original decision or a question as to whether reasonable steps were taken if the applicant—

• (a) is dissatisfied with the decision on the review, or

• (b) is not notified of the decision on the review within the time prescribed under section 86.

• (2) An appeal must be brought within 21 days of the applicant being notified of the decision or, as the case may be, of the date on which the applicant should have been notified of a decision on review.

• (3) The court may give permission for an appeal to be brought after the end of the period allowed by subsection (2), but only if it is satisfied—

• (a) where permission is sought before the end of that period, that there is a good reason for the applicant to be unable to bring the appeal in time, or

• (b) where permission is sought after that time, that there is a good reason for the applicant's failure to bring the appeal in time and for any delay in applying for permission.

• (4) On appeal the court may make such order confirming, quashing or varying the decision as it thinks fit.

• (5) Where the authority was under a duty under section 68, 75 or 82 to secure that suitable accommodation is available for the applicant's occupation, it may secure that suitable accommodation is so available—

• (a) during the period for appealing under this section against the authority's decision, and

• (b) if an appeal is brought, until the appeal (and any further appeal) is finally determined.

Appeals against refusal to accommodate pending appeal

89

• (1) This section applies where an applicant has the right to appeal to the county court under section 88.

• (2) An applicant may appeal to the county court against a decision of the authority—

• (a) not to exercise their power under section 88(5) (“the section 88(5) power”) in the applicant's case,

• (b) to exercise that power for a limited period ending before the final determination by the county court of the applicant's appeal under section 88(1) (“the main appeal”), or

• (c) to cease exercising that power before the final determination.

• (3) An appeal under this section may not be brought after the final determination by the county court of the main appeal.

• (4) On an appeal under this section the court—

• (a) may order the authority to secure that suitable accommodation is available for the applicant's occupation until the determination of the appeal (or such earlier time as the court may specify), and

• (b) must confirm or quash the decision appealed against.

• (5) In considering whether to confirm or quash the decision the court must apply the principles applied by the High Court on an application for judicial review.

• (6) If the court quashes the decision it may order the authority to exercise the section 88(5) power in the applicant's case for such period as may be specified in the order.

• (7) An order under subsection (6)—

• (a) may only be made if the court is satisfied that failure to exercise the section 88(5) power in accordance with the order would substantially prejudice the applicant's ability to pursue the main appeal;

• (b) may not specify any period ending after the final determination by the county court of the main appeal.

Supplementary provisions

Charges

90

A local housing authority may require a person in relation to whom it is discharging its functions under this Chapter—

• (a) to pay reasonable charges determined by the authority in respect of accommodation which it secures for the person's occupation (either by making it available itself or otherwise), or

• (b) to pay a reasonable amount determined by the authority in respect of sums payable by it for accommodation made available by another person.

Out-of-area placement

91

• (1) A local housing authority must in discharging its functions under this Chapter secure or help to secure that suitable accommodation is available for the occupation of the applicant in its area, so far as is reasonably practicable.

• (2) If the authority secures that accommodation is available for the occupation of the applicant outside its area in Wales or England, it must give notice to the local housing authority (whether in Wales or England) in whose area the accommodation is situated.

• (3) The notice must state—

• (a) the name of the applicant,

• (b) the number and description of other persons who normally reside with the applicant as a member of his or her family or might reasonably be expected to reside with the applicant,

• (c) the address of the accommodation,

• (d) the date on which the accommodation was made available to the applicant, and

• (e) which function under this Chapter the authority was discharging in securing that the accommodation is available for the applicant's occupation.

• (4) The notice must be in writing, and must be given before the end of the period of 14 days beginning with the day on which the accommodation was made available to the applicant.

Interim accommodation: arrangements with private landlord

92

• (1) This section applies where in carrying out any of its functions under section 68, 82 or 88(5) (interim accommodation) a local housing authority makes arrangements with a private landlord to provide accommodation in England.

• (2) A tenancy granted to the applicant under the arrangements cannot be an assured tenancy before the end of the period of twelve months beginning with—

• (a) the date on which the applicant was notified of the authority's decision under section 63(1) or 80(5), or

• (b) if there is a review of that decision under section 85 or an appeal to the court under section 88, the date on which the applicant is notified of the decision on review or the appeal is finally determined,

unless, before or during that period, the tenant is notified by the landlord (or in the case of joint landlords, at least one of them) that the tenancy is to be regarded as an assured shorthold tenancy or an assured tenancy other than an assured shorthold tenancy.

Protection of property

93

• (1) Where a local housing authority has become subject to a duty in respect of an applicant as described in subsection (2), it must take reasonable steps to prevent the loss of the personal property of the applicant or prevent or mitigate damage to it if the authority has reason to believe that—

• (a) there is danger of loss of, or damage to, the property by reason of the applicant's inability to protect it or deal with it, and

• (b) no other suitable arrangements have been or are being made.

• (2) The duties in respect of an applicant are—

• section 66 (duty to help to prevent an applicant from becoming homeless) in the case of an applicant in priority need;

• section 68 ( interim duty to secure accommodation for homeless applicants in priority need);

• section 75 (duty to secure accommodation for applicants in priority need when the duty in section 73 ends);

• section 82 (duties to applicant whose case is considered for referral or referred) in the case of an applicant in priority need.

• (3) Where a local housing authority has become subject to the duty in subsection (1), it continues to be subject to that duty even if the duty in respect of the applicant as described in subsection (2) comes to an end.

• (4) The duty of a local housing authority under subsection (1) is subject to any conditions it considers appropriate in the particular case, which may include conditions as to—

• (a) the making and recovery by the authority of reasonable charges for the action taken, or

• (b) the disposal by the authority, in such circumstances as may be specified, of property in relation to which it has taken action.

• (5) A local housing authority may take any steps it considers reasonable for the purpose of protecting the personal property of an applicant who is eligible for help or prevent or mitigate damage to it if the authority has reason to believe that—

• (a) there is danger of loss of, or damage to, the property by reason of the applicant's inability to protect it or deal with it, and

• (b) no other suitable arrangements have been or are being made.

• (6) References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with the applicant.

Protection of property: supplementary provisions

94

• (1) The authority may for the purposes of section 93—

• (a) enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were the applicant's last usual place of residence, and

• (b) deal with any personal property of the applicant in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

• (2) Where a local authority is proposing to exercise the power in subsection (1)(a), the officer it authorises to do so must, upon request, produce valid documentation setting out the authorisation to do so.

• (3) A person who, without reasonable excuse, obstructs the exercise of the power under subsection (1)(a) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (4) Where the applicant asks the authority to move his or her property to a particular location nominated by the applicant, the authority—

• (a) may, if it appears to it that the request is reasonable, discharge its responsibilities under section 93 by doing as the applicant asks, and

• (b) having done so, have no further duty or power to take action under that section in relation to that property.

• (5) If such a request is made, the authority must before complying with it inform the applicant of the consequence of it doing so.

• (6) If no such request is made (or, if made, is not acted upon) the authority cease to have any duty or power to take action under section 93 when, in its opinion, there is no longer any reason to believe that there is a danger of loss of or damage to a person's personal property by reason of his or her inability to protect it or deal with it.

• (7) But property stored by virtue of the authority having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.

• (8) Where the authority—

• (a) ceases to be subject to a duty to take action under section 93 in respect of an applicant's property, or

• (b) ceases to have power to take such action, having previously taken such action,

it must notify the applicant of that fact and of the reason for it.

• (9) The notification must be given to the applicant—

• (a) by delivering it to the applicant, or

• (b) leaving it at, or sending it to, the applicant's last known address.

• (10) References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with the applicant.

Co-operation

95

• (1) A council of a county or county borough in Wales must make arrangements to promote co-operation between the officers of the authority who exercise its social services functions and those who exercise its functions as the local housing authority with a view to achieving the following objectives in its area—

• (a) the prevention of homelessness,

• (b) that suitable accommodation is or will be available for people who are or may become homeless,

• (c) that satisfactory support is available for people who are or may become homeless, and

• (d) the effective discharge of its functions under this Part.

• (2) If a local housing authority requests the co-operation of a person mentioned in subsection (5) in the exercise of its functions under this Part, the person must comply with the request unless the person considers that doing so would—

• (a) be incompatible with the person's own duties, or

• (b) otherwise have an adverse effect on the exercise of the person's functions.

• (3) If a local housing authority requests that a person mentioned in subsection (5) provides it with information it requires for the purpose of the exercise of any of its functions under this Part, the person must comply with the request unless the person considers that doing so would—

• (a) be incompatible with the person's own duties, or

• (b) otherwise have an adverse effect on the exercise of the person's functions.

• (4) A person who decides not to comply with a request under subsection (2) or (3) must give the local housing authority who made the request written reasons for the decision.

• (5) The persons (whether in Wales or England) are—

• (a) a local housing authority;

• (b) a social services authority;

• (c) a registered social landlord;

• (d) a new town corporation;

• (e) a private registered provider of social housing;

• (f) a housing action trust.

• (6) The Welsh Ministers may amend subsection (5) by order to omit or add a person, or a description of a person.

• (7) An order under subsection (6) may not add a Minister of the Crown.

• (8) In this section—

• “housing action trust” (“ymddiriedolaeth gweithredu tai”) means a housing action trust established under Part 3 of the Housing Act 1988;

• “new town corporation” (“corfforaeth tref newydd”) has the meaning given in Part 1 of the Housing Act 1985;

• “private registered provider of social housing” (“darparwr tai cymdeithasol preifat cofrestredig”) has the meaning given by Part 2 of the Housing and Regeneration Act 2008;

• “registered social landlord” (“landlord cymdeithasol cofrestredig”) has the meaning given by Part 1 of the Housing Act 1996.

Co-operation in certain cases involving children

96

• (1) This section applies where a local housing authority has reason to believe that an applicant with whom a person under the age of 18 normally resides, or might reasonably be expected to reside—

• (a) may be ineligible for help,

• (b) may be homeless and that a duty under section 68, 73 or 75 is not likely to apply to the applicant, or

• (c) may be threatened with homelessness and that a duty under section 66 is not likely to apply to the applicant.

• (2) A local housing authority must make arrangements for ensuring that—

• (a) the applicant is invited to consent to the referral to the social services department of the essential facts of his or her case, and

• (b) if the applicant has given that consent, the social services department is made aware of those facts and of the subsequent decision of the authority in respect of his or her case.

• (3) Nothing in subsection (2) affects any power apart from this section to disclose information relating to the applicant's case to the the social services department without the consent of the applicant.

• (4) A council of a county or county borough must make arrangements for ensuring that, where it makes a decision as local housing authority that an applicant is ineligible for help, became homeless intentionally or became threatened with homelessness intentionally, its housing department provides the social services department with such advice and assistance as the social services department may reasonably request.

• (5) In this section, in relation to the council of a county or county borough—

• “the housing department” (“yr adran dai”) means those persons responsible for the exercise of its functions as local housing authority;

• “the social services department” (“yr adran gwasanaethau cymdeithasol”) means those persons responsible for the exercise of its social services functions under Part 3 of the Social Services and Well-Being (Wales) Act 2014.

General

False statements, withholding information and failure to disclose change of circumstances

97

• (1) It is an offence for a person, with intent to induce a local housing authority to believe in connection with the exercise of its functions under this Chapter that the person or another person is entitled to accommodation or assistance in accordance with the provisions of this Chapter, or is entitled to accommodation or assistance of a particular description—

• (a) knowingly or recklessly to make a statement which is false in a material particular, or

• (b) knowingly to withhold information which the authority has reasonably required the person to give in connection with the exercise of those functions.

• (2) If before an applicant receives notification of the local housing authority's decision on the application there is any change of facts material to the case, the applicant must notify the authority as soon as possible.

• (3) The authority must explain to every applicant, in ordinary language, the duty imposed by subsection (2) and the effect of subsection (4).

• (4) A person who fails to comply with subsection (2) after being given the explanation required by subsection (3) commits an offence.

• (5) In proceedings against a person for an offence committed under subsection (4) it is a defence that the person had a reasonable excuse for failing to comply.

• (6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Guidance

98

• (1) In the exercise of its functions relating to homelessness, a council of a county or county borough must have regard to guidance given by the Welsh Ministers.

• (2) Subsection (1) applies in relation to functions under this Part and any other enactment.

• (3) The Welsh Ministers may—

• (a) give guidance either generally or to specified descriptions of authorities;

• (b) revise the guidance by giving further guidance under this Part;

• (c) withdraw the guidance by giving further guidance under this Part or by notice.

• (4) The Welsh Ministers must publish any guidance or notice under this Part.

Interpretation of this Chapter and index of defined terms

99

In this Chapter—

• “abuse” (“camdriniaeth”) has the meaning given by section 58;

• “accommodation available for occupation” (“llety sydd ar gael i'w feddiannu”) has the meaning given by section 56;

• “applicant” (“ceisydd”) has the meaning given by section 62(3) and section 83(3);

• “associated” (“cysylltiedig”), in relation to a person, has the meaning given by section 58;

• “assured tenancy” (“tenantiaeth sicr”) and “assured shorthold tenancy” (“tenantiaeth fyrddaliol sicr”) have the meaning given by Part 1 of the Housing Act 1988;

• “domestic abuse” (“camdriniaeth ddomestig”) has the meaning given by section 58;

• “eligible for help” (“yn gymwys i gael cymorth”) means not excluded from help under this Chapter by Schedule 2;

• “enactment” (“deddfiad”) means an enactment (whenever enacted or made) comprised in, or in an instrument made under—an Act of Parliament,a Measure or an Act of the National Assembly for Wales;

• “help to secure” (“cynorthwyo i sicrhau”), in relation to securing that suitable accommodation is available, or does not cease to be available, for occupation, has the meaning given by section 65;

• “help under this Chapter” (“cynorth o dan y Bennod hon”) means the benefit of any function under sections 66, 68, 73, or 75;

• “homeless” (“digartref”) has the meaning given by section 55 and “homelessness” (digartrefedd) is to be interpreted accordingly;

• “intentionally homeless” (“digartref yn fwriadol”) has the meaning given by section 77;

• “local connection” (“cysylltiad lleol”) has the meaning given by section 81;

• “local housing authority” (“awdurdod tai lleol”) means—in relation to Wales, the council of a county or county borough, andin relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,but a reference to a “local housing authority” is to be interpreted as a reference to a local housing authority for an area in Wales only, unless this Chapter expressly provides otherwise;

• “looked after, accommodated or fostered” (“yn derbyn gofal, yn cael ei letya neu'n cael ei faethu”) has the meaning given by section 70(2);

• “occupation contract” (“contract meddiannaeth”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);

• “prescribed” (“rhagnodedig”) means prescribed in regulations made by the Welsh Ministers;

• “priority need for accommodation” (“angen blaenoriaethol am lety”) has the meaning given by section 70;

• “prison” (“carchar”) has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act);

• “private landlord” (“landlord preifat”) means a landlord — ;of a dwelling in Wales, who is within section 10 of the Renting Homes (Wales) Act 2016 (anaw 1) (private landlords);of a dwelling in England, who is not within section 80(1) of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies);

• “reasonable to continue to occupy accommodation” (“rhesymol parhau i feddiannu llety”) has the meaning given by section 57;

• “regular armed forces of the Crown” (“lluoedd arfog rheolaidd y Goron”) means the regular forces as defined by section 374 of the Armed Forces Act 2006;

• “restricted person” (“person cyfyngedig”) has the meaning given by section 63(5);

• “social services authority” (“awdurdod gwasanaethau cymdeithasol”) means—in relation to Wales, the council of a county or county borough council in the exercise of its social services functions, within the meaning of section 119 of the Social Services and Well-being (Wales) Act 2014, andin relation to England, a local authority for the purposes of the Local Authority Social Services Act 1970, as defined in section 1 of that Act,but a reference to a “social services authority” is to be interpreted as a reference to a social services authority for an area in Wales only, unless this Chapter expressly provides otherwise;

• “threatened with homelessness” (“o dan fygythiad o ddigartrefedd”) has the meaning given by section 55(4);

• “voluntary organisation” (“corff gwirfoddol”) means a body (other than a public or local authority) whose activities are not carried on for profit.

• “youth detention accommodation” (“llety cadw ieuenctid”) means—a secure children's home;a secure training centre;a young offender institution;accommodation provided, equipped and maintained by the Welsh Ministers under section 82(5) of the Children Act 1989 for the purpose of restricting the liberty of children;accommodation, or accommodation of a description, for the time being specified by regulations under section 248(1)(f) of the Sentencing Code (youth detention accommodation for the purposes of detention and training orders).

Consequential amendments

100

Part 1 of Schedule 3 makes consequential amendments relating to this Part.

PART 3 — GYPSIES AND TRAVELLERS

Meeting accommodation needs

Assessment of accommodation needs

101

• (1) A local housing authority must, in each review period, carry out an assessment of the accommodation needs of Gypsies and Travellers residing in or resorting to its area.

• (2) In carrying out an assessment under subsection (1) a local housing authority must consult such persons as it considers appropriate.

• (3) In subsection (1), “review period” means—

• (a) the period of 1 year beginning with the coming into force of this section, and

• (b) the period of 6 years beginning with the day after the period in paragraph (a) ended, and each subsequent period of 5 years beginning with the day after the previous review period ended.

• (4) The Welsh Ministers may amend subsection (3)(b) by order.

Report following assessment

102

• (1) After carrying out an assessment a local housing authority must prepare a report which—

• (a) details how the assessment was carried out;

• (b) contains a summary of—

• (i) the consultation it carried out in connection with the assessment, and

• (ii) the responses (if any) it received to that consultation;

• (c) details the accommodation needs identified by the assessment.

• (2) A local housing authority must submit the report to the Welsh Ministers for approval of the authority's assessment.

• (3) The Welsh Ministers may—

• (a) approve the assessment as submitted;

• (b) approve the assessment with modifications;

• (c) reject the assessment.

• (4) If the Welsh Ministers reject the assessment, the local housing authority must—

• (a) revise and resubmit its assessment for approval by the Welsh Ministers under subsection (3), or

• (b) conduct another assessment (in which case section 101(2) and this section apply again, as if the assessment were carried out under section 101(1)).

• (5) A local housing authority must publish an assessment approved by the Welsh Ministers under this section.

Duty to meet assessed needs

103

• (1) If a local housing authority's approved assessment identifies needs within the authority's area with respect to the provision of sites on which mobile homes may be stationed the authority must exercise its powers in section 56 of the Mobile Homes (Wales) Act 2013 (power of authorities to provide sites for mobile homes) so far as may be necessary to meet those needs.

• (2) But subsection (1) does not require a local housing authority to provide, in or in connection with sites for the stationing of mobile homes, working space and facilities for the carrying on of activities normally carried out by Gypsies and Travellers.

• (3) The reference in subsection (1) to an authority's approved assessment is a reference to the authority's most recent assessment of accommodation needs approved by the Welsh Ministers under section 102(3).

Failure to comply with duty under section 103

104

• (1) If the Welsh Ministers are satisfied that a local housing authority has failed to comply with the duty imposed by section 103 they may direct the authority to exercise its powers under section 56 of the Mobile Homes (Wales) Act 2013 so far as may be necessary to meet the needs identified in the authority's approved assessment.

• (2) Before giving a direction the Welsh Ministers must consult the local housing authority to which the direction would relate.

• (3) A local housing authority must comply with a direction given to it.

• (4) A direction given under this section—

• (a) must be in writing;

• (b) may be varied or revoked by a subsequent direction;

• (c) is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers.

Provision of information upon request

105

• (1) A local housing authority must provide the Welsh Ministers with such information (and at such times) as they may require in connection with the exercise of their functions under this Part.

• (2) The Welsh Ministers may exercise their powers under this section generally or in relation to a particular case.

Guidance

106

• (1) In exercising its functions under this Part, a local housing authority must have regard to any guidance given by the Welsh Ministers.

• (2) The Welsh Ministers may—

• (a) give guidance either generally or to specified descriptions of authorities;

• (b) revise the guidance by giving further guidance under this section;

• (c) withdraw the guidance by giving further guidance under this section or by notice.

• (3) The Welsh Ministers must publish any guidance or notice under this section.

Duties in relation to housing strategies

107

• (1) This section applies where a local housing authority is required under section 87 of the Local Government Act 2003 to have a strategy in respect of meeting the accommodation needs of Gypsies and Travellers residing in or resorting to its area.

• (2) The local housing authority must—

• (a) have regard to any guidance given by the Welsh Ministers in preparing its strategy;

• (b) take the strategy into account in exercising its functions (including functions exercisable other than as a local housing authority).

General

Interpretation

108

In this Part—

• “accommodation needs” (“anghenion llety”) includes, but is not limited to, needs with respect to the provision of sites on which mobile homes may be stationed;

• “Gypsies and Travellers” (“Sipsiwn a Theithwyr”) means—persons of a nomadic habit of life, whatever their race or origin, including—persons who, on grounds only of their own or their family's or dependant's educational or health needs or old age, have ceased to travel temporarily or permanently, andmembers of an organised group of travelling show people or circus people (whether or not travelling together as such), andall other persons with a cultural tradition of nomadism or of living in a mobile home;

• “mobile home” (“cartref symudol”) has the meaning given by section 60 of the Mobile Homes (Wales) Act 2013.

Power to amend definition of Gypsies and Travellers

109

• (1) The Welsh Ministers may by order amend the definition of Gypsies and Travellers in section 108 by—

• (a) adding a description of persons;

• (b) modifying a description of persons;

• (c) removing a description of persons.

• (2) An order under this section may also make such amendments of the Mobile Homes (Wales) Act 2013 as the Welsh Ministers consider necessary or appropriate in consequence of a change to the definition mentioned in subsection (1).

Consequential amendments

110

Part 2 of Schedule 3 makes consequential amendments relating to this Part.

PART 4 — STANDARDS FOR SOCIAL HOUSING

Standards for housing provided by local housing authorities

Standards

111

• (1) The Welsh Ministers may set standards to be met by local housing authorities in connection with—

• (a) the quality of accommodation provided by local housing authorities for housing;

• (b) rent for such accommodation;

• (c) service charges for such accommodation.

• (2) Standards set under subsection (1) may require local housing authorities to comply with rules specified in the standards.

• (3) Rules about rent or service charges may include, among other things, provision for minimum or maximum—

• (a) levels of rent or service charges,

• (b) levels of increase or decrease of rent or service charges.

• (4) 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.

• (5) The Welsh Ministers must publish standards or notices under this section.

Guidance

112

• (1) The Welsh Ministers may give guidance that—

• (a) relates to a matter addressed by a standard under section 111, and

• (b) amplifies the standard.

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

• (3) The Welsh Ministers may—

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

• (b) withdraw the guidance by giving further guidance under this section or by notice.

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

Consultation on standards and guidance

113

Before setting, revising or withdrawing standards under section 111 or issuing, revising or withdrawing guidance under section 112, the Welsh Ministers must consult—

• (a) one or more bodies appearing to them to represent the interests of local housing authorities,

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

• (c) any other persons the Welsh Ministers consider it appropriate to consult.

Information on compliance with standards

114

A local housing authority must provide the Welsh Ministers with any information they request relating to compliance by the authority with standards set under section 111.

Powers of entry

115

• (1) This section applies where it appears to the Welsh Ministers that a local housing authority may be failing to maintain or repair any premises in accordance with standards set under section 111 or guidance given under section 112.

• (2) A person authorised by the Welsh Ministers may at any reasonable time, on giving not less than 28 days' notice of his or her intention to the local housing authority concerned, enter any such premises for the purpose of survey and examination.

• (3) Where such notice is given to the local housing authority, the authority must give the occupier or occupiers of the premises not less than seven days' notice of the proposed survey and examination.

• (4) An authorisation for the purposes of this section must be in writing stating the particular purpose or purposes for which the entry is authorised and must, if so required, be produced for inspection by the occupier or anyone acting on his or her behalf.

• (5) The Welsh Ministers must give a copy of any survey carried out in exercise of the powers conferred by this section to the local housing authority concerned.

• (6) The Welsh Ministers may require the local housing authority concerned to pay to them such amount as the Welsh Ministers may determine towards the costs of carrying out any survey under this section.

Exercise of intervention powers

116

• (1) This section applies where the Welsh Ministers are deciding—

• (a) whether to exercise an intervention power,

• (b) which intervention power to exercise, or

• (c) how to exercise an intervention power.

• (2) The Welsh Ministers must consider—

• (a) whether the failure or likely failure to meet the standard is, or is likely to be, a recurrent or isolated incident;

• (b) the speed with which the failure, or likely failure to meet the standard needs to be addressed.

• (3) In subsection (1), an “intervention power” means a power exercisable under sections 117 to 127.

Grounds for intervention

117

For the purposes of this Part, the grounds for intervention are that a local housing authority has failed, or is likely to fail, to meet a standard set under section 111 which relates to the quality of accommodation.

Warning notice

118

• (1) The Welsh Ministers may give a warning notice to a local housing authority if they are satisfied that the grounds for intervention exist in relation to the authority.

• (2) The Welsh Ministers must specify each of the following in the warning notice—

• (a) the reasons why they are satisfied that the grounds exist;

• (b) the action they require the authority to take in order to deal with the grounds for intervention;

• (c) the period within which the action is to be taken by the authority (“the compliance period”);

• (d) the action they are minded to take if the authority fails to take the required action.

Power of Welsh Ministers to intervene

119

• (1) The Welsh Ministers have the power to intervene under this Part if—

• (a) the Welsh Ministers have given a warning notice, and

• (b) the local housing authority has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period.

• (2) Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review.

• (3) If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Part would not be appropriate for any other reason, they must notify the local housing authority of their conclusion in writing.

• (4) The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (3).

• (5) Where the Welsh Ministers have the power to intervene, they are not limited to taking the action they said they were minded to take in a warning notice.

Power to require local housing authority to obtain advisory services

120

• (1) This section applies if the Welsh Ministers have the power to intervene.

• (2) The Welsh Ministers may direct the local housing authority to enter into a contract or other arrangement with a specified person, or a person falling within a specified class, for the provision to the authority, of specified services of an advisory nature.

• (3) The direction may require the contract or other arrangement to contain specified terms and conditions.

• (4) In this section and section 121 “specified” means specified in a direction.

Power to require performance of functions by other persons on behalf of authority

121

• (1) This section applies if the Welsh Ministers have the power to intervene.

• (2) The Welsh Ministers may give such directions to the local housing authority or any of its officers as they think are appropriate for securing that the functions to which the grounds for intervention relate are performed on behalf of the authority by a person specified in the direction.

• (3) A direction under subsection (2) may require that any contract or other arrangement made by the authority with the specified person contains terms and conditions specified in the direction.

Power to require performance of functions by Welsh Ministers or nominee

122

• (1) This section applies if the Welsh Ministers have the power to intervene.

• (2) The Welsh Ministers may direct that the functions to which the grounds for intervention relate are to be exercised by the Welsh Ministers or a person nominated by them.

• (3) If a direction is made under subsection (2), the local housing authority must comply with the instructions of the Welsh Ministers or their nominee in relation to the exercise of the functions.

Power to direct exercise of other local housing authority functions

123

• (1) If the Welsh Ministers think it is expedient, a direction under section 121 or 122 may relate to the performance of functions of the local housing authority in addition to the functions to which the grounds for intervention relate.

• (2) The Welsh Ministers may have regard (among other things) to financial considerations in deciding whether it is expedient that a direction should relate to the functions of the local housing authority other than functions relating to the grounds for intervention.

General power to give directions and take steps

124

• (1) This section applies if the Welsh Ministers have the power to intervene.

• (2) If the Welsh Ministers think it is appropriate in order to deal with the grounds for intervention, the Welsh Ministers may—

• (a) give directions to the local housing authority or any of its officers, or

• (b) take any other steps.

Directions

125

• (1) A local housing authority, or an officer of an authority, subject to a direction or instruction under this Part must comply with it.

• (2) This includes a direction or an instruction to exercise a power or duty that is contingent upon the opinion of the authority or an officer of the authority.

• (3) A direction under this Part—

• (a) must be in writing;

• (b) may be varied or revoked by a later direction;

• (c) is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers.

Duty to co-operate

126

• (1) A local housing authority must give the Welsh Ministers and any person mentioned in subsection (2) as much assistance in connection with the exercise of functions under or by virtue of this Part as they are reasonably able to give.

• (2) The persons are—

• (a) any person authorised for the purposes of this section by the Welsh Ministers;

• (b) any person acting under directions under this Part;

• (c) any person assisting—

• (i) the Welsh Ministers, or

• (ii) a person mentioned in paragraph (a) or (b).

Powers of entry and inspection

127

• (1) A person falling within subsection (2) has at all reasonable times—

• (a) a right of entry to the premises of the local housing authority (other than a dwelling) in question;

• (b) a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which the person considers relevant to the exercise of his or her functions under or by virtue of this Part.

• (2) The following persons fall within this subsection—

• (a) a person specified in a direction under section 120 or, where the direction specifies a class of persons, the person with whom the local housing authority enter into the contract or other arrangement required by the direction;

• (b) a person specified in a direction under section 121;

• (c) the Welsh Ministers in pursuance of a direction under section 122;

• (d) a person nominated by direction under section 122.

• (3) In exercising the right under subsection (1)(b) to inspect records or other documents, a person (“P”)—

• (a) is entitled to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and

• (b) may require the following persons to provide any assistance P may reasonably require (including, among other things, the making of information available for inspection or copying in a legible form)—

• (i) the person by whom or on whose behalf the computer is or has been so used;

• (ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

• (4) Any reference in this section to a person falling within subsection (2) includes a reference to any person assisting that person.

• (5) In this section “document” and “records” each include information recorded in any form.

Service charges for social housing

Exemption from offences relating to service charges for social housing

128

In section 25 of the Landlord and Tenant Act 1985, after subsection (2) insert—

(3) Subsection (1) does not apply where the person is— (a) a local authority for an area in Wales, or (b) a registered social landlord.

Application of duties relating to service charges to local authority tenancies

129

In section 26(1) of the Landlord and Tenant Act 1985, after “a local authority” insert “ for an area in England ”.

General

Consequential amendments

130

Part 3 of Schedule 3 makes consequential amendments relating to this Part.

PART 5 — HOUSING FINANCE

Housing Revenue Account subsidy

Abolition of Housing Revenue Account subsidy

131

• (1) This section provides for the abolition of the subsidy payable in relation to the Housing Revenue Accounts of local housing authorities under the Local Government and Housing Act 1989.

• (2) That Act is amended as follows.

• (3) In Part 6 (Housing Finance)—

• (a) omit section 79 (Housing Revenue Account subsidy);

• (b) omit section 80 (calculation of Housing Revenue Account subsidy);

• (c) omit section 80ZA (negative amounts of subsidy payable to appropriate person);

• (d) omit section 80A (final decision on amount of Housing Revenue Account subsidy);

• (e) omit section 80B (agreements to exclude certain authorities or property);

• (f) omit section 85 (power to obtain information);

• (g) omit section 86 (recoupment of subsidy in certain cases).

• (4) In Schedule 4 (the keeping of the Housing Revenue Account)—

• (a) in Part 1 (credits to the Account), omit Item 3 (Housing Revenue Account subsidy);

• (b) in Part 2 (debits to the Account), omit Item 5 (sums payable under section 80ZA);

• (c) in Part 3 (special cases), omit paragraph 2 (credit balance where no HRA subsidy payable) and the heading immediately before it.

Payments in relation to Housing Revenue Accounts

Settlement payments

132

• (1) The Welsh Ministers may make a determination providing for the calculation of the amount of a payment in relation to each local housing authority that keeps a Housing Revenue Account.

• (2) A payment of the type mentioned in subsection (1) is referred to in this Part as a “settlement payment”.

• (3) A determination under this section may provide for all or part of the amount to be calculated in accordance with a formula or formulae.

• (4) In determining a formula for this purpose, the Welsh Ministers may include variables framed by reference to such matters as they consider appropriate.

• (5) A determination under this section may provide that the effect of the calculation in relation to a local housing authority is that—

• (a) a settlement payment must be made by the Welsh Ministers to the local housing authority,

• (b) a settlement payment must be made by the local housing authority to the Welsh Ministers, or

• (c) the amount of a settlement payment in relation to that authority is nil.

• (6) Subsections (3), (4) and (5) do not limit the generality of the power conferred by subsection (1).

Further payments

133

• (1) If a settlement payment has been made in respect of a local housing authority, the Welsh Ministers may from time to time make a determination that a further payment calculated in accordance with the determination must be made—

• (a) by the Welsh Ministers to the local housing authority, or

• (b) by the local housing authority to the Welsh Ministers.

• (2) But the Welsh Ministers may only make a determination under this section if subsection (3) or (4) applies.

• (3) This subsection applies if there has been a change in any matter that was taken into account in making—

• (a) the determination relating to the settlement payment or a calculation under that determination, or

• (b) a previous determination under this section relating to the local housing authority or a calculation under that determination.

• (4) This subsection applies if the Welsh Ministers are satisfied that an error was taken into account in making any determination or calculation mentioned in subsection (3).

• (5) A determination under this section may be varied or revoked by a subsequent determination.

Additional provision about payments

134

• (1) A payment under this Part must be made in such instalments, at such times and in accordance with such arrangements as the Welsh Ministers may determine.

• (2) A payment under this Part by a local housing authority must be accompanied by such information as the Welsh Ministers may require.

• (3) The Welsh Ministers may charge a local housing authority interest, at such rates and for such periods as the Welsh Ministers may determine, on any sum payable by the local housing authority under this Part not being paid by a time determined under this section for its payment.

• (4) The Welsh Ministers may charge a local housing authority an amount equal to any additional costs incurred by the Welsh Ministers as a result of any sum payable by the local housing authority under this Part not being paid by a time determined under this section for its payment.

• (5) A payment under this Part other than a payment under subsection (3) or (4)—

• (a) if made by a local housing authority, is to be treated by the authority as capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003;

• (b) if made to a local housing authority, is to be treated by the authority as a capital receipt for the purposes of that Chapter.

• (6) A determination under this Part may require a payment to a local housing authority made under this Part to be used by the authority for a purpose specified in the determination.

• (7) A local housing authority to which such a requirement applies must comply with it.

• (8) In Schedule 4 to the Local Government and Housing Act 1989 (the keeping of the Housing Revenue Account), in Part 2 (debits to the account) after Item 5A (sums payable under section 170 of the Localism Act 2011) insert— “ Item 5B: sums payable under section 134 of the Housing (Wales) Act 2014 Sums payable for the year to the Welsh Ministers under section 134(3) or (4) of the Housing (Wales) Act 2014 (interest etc charged as a result of late payment of settlement payments etc). ”

General provision

Provision of information upon request

135

• (1) A local housing authority must supply the Welsh Ministers with such information as the Welsh Ministers may specify for the purpose of enabling the Welsh Ministers to exercise functions under this Part.

• (2) The Welsh Ministers may exercise their powers under this section generally or in relation to a particular case.

• (3) If a local housing authority fails to comply with this section before the end of such period as the Welsh Ministers may specify, the Welsh Ministers may exercise functions under this Part on the basis of such assumptions and estimates as the Welsh Ministers think fit.

Determinations under this Part

136

• (1) A determination under this Part may make different provision for different cases or descriptions of case, including different provision—

• (a) for different areas;

• (b) for different local housing authorities;

• (c) for different descriptions of local housing authority.

• (2) Before making a determination under this Part that relates to all local housing authorities or a description of local housing authority, the Welsh Ministers must consult such—

• (a) representatives of local government in Wales, and

• (b) other persons,

as the Welsh Ministers consider appropriate.

• (3) Before making a determination under this Part relating to a particular local housing authority, the Welsh Ministers must consult that local housing authority.

• (4) As soon as is practicable after making a determination under this Part, the Welsh Ministers must send a copy of the determination to the local housing authority or authorities to which it relates.

• (5) Subsections (4) to (7) of section 87 of the Local Government and Housing Act 1989 (using electronic communications to send copies of determinations) apply to a determination under this Part as they apply to a determination made by the Welsh Ministers under Part 6 of that Act.

PART 6 — ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES

Amendment of Schedule 1 to the Housing Act 1988

137

• (1) Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) is amended as follows.

• (2) In paragraph 12(1)(h), after “association” insert “ , unless the tenancy is one which is excluded from this sub-paragraph by sub-paragraph (3) below ”.

• (3) After paragraph 12(2) insert—

(3) A tenancy is excluded from sub-paragraph (1) if all of the following requirements are met— (a) the interest of the landlord belongs to a fully mutual housing association; (b) the dwelling-house is in Wales; (c) the tenancy is granted on or after the date on which this sub-paragraph comes into force; (d) the tenancy is in writing; (e) before the tenancy is granted, the landlord has served on the person who is to be the tenant a notice stating that the tenancy is to be excluded from sub-paragraph (1); (f) the tenancy states that it is excluded from sub-paragraph (1).

Amendment of Schedule 2 to the Housing Act 1988

138

In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which a court must order possession of dwelling-houses let on assured tenancies), after Ground 2 insert—

The dwelling-house is subject to a mortgage granted, at any time, by a fully mutual housing association and— (a) the dwelling-house is in Wales; (b) the tenancy was granted by a fully mutual housing association; (c) the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the Law of Property Act 1925; (d) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; (e) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and for the purposes of this ground “mortgage” includes a charge and “mortgagee” is to be construed accordingly.

PART 7 — COUNCIL TAX FOR CERTAIN TYPES OF DWELLING

Amount of tax payable for certain types of dwelling

139

• (1) The Local Government Finance Act 1992 is amended as follows.

• (2) After section 12 (discounts: special provision for Wales), insert—

(12A) (1) For any financial year, a billing authority in Wales may by determination provide in relation to its area that if on any day a dwelling is a long-term empty dwelling— (a) the discount under section 11(2)(a) does not apply, and (b) the amount of council tax payable in respect of that dwelling and that day is increased by such percentage of not more than 100 as it may specify in the determination. (2) A billing authority may specify different percentages for different dwellings based on the length of time for which they have been long-term empty dwellings. (3) In exercising its functions under this section a billing authority must have regard to any guidance issued by the Welsh Ministers. (4) The Welsh Ministers may, by regulations, prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under this section. (5) A class of dwellings may be prescribed under subsection (4) by reference to such factors as the Welsh Ministers think fit and may, amongst other factors, be prescribed by reference to— (a) the physical characteristics of, or other matters relating to, dwellings; (b) the circumstances of, or other matters relating to, any person who is liable to the amount of council tax concerned. (6) Where a determination under this section has effect in relation to a class of dwellings— (a) the billing authority may not make a determination under section 12(3) or (4) in relation to that class, and (b) any determination that has been made under section 12(3) or (4) ceases to have effect in relation to that class. (7) A billing authority may make a determination varying or revoking a determination under this section for a financial year, but only before the beginning of the year. (8) Where a billing authority makes a determination under this section it must publish a notice of the determination in at least one newspaper circulating in its area. (9) The notice must be published before the end of the period of 21 days beginning with the date of the determination. (10) The validity of a determination is not affected by a failure to comply with subsection (8) or (9). (11) For the purposes of this section, a dwelling is a “long-term empty dwelling” on any day if for a continuous period of at least 1 year ending with that day— (a) it has been unoccupied, and (b) it has been substantially unfurnished. (12) In determining whether a dwelling is a long-term empty dwelling, no account is to be taken of— (a) any period which pre-dates the coming into force of this section; (b) any one or more periods of not more than 6 weeks during which one or both of the conditions in subsection (11) are not met. (13) The Welsh Ministers may by regulations— (a) substitute a different percentage limit for the limit which is for the time being specified in subsection (1)(b); (b) substitute a different period, of not less than 1 year, for the period which is for the time being specified in subsection (11); (c) substitute a different period, of not less than 6 weeks, for the period which is for the time being specified in subsection (12)(b). (14) A statutory instrument containing regulations made under subsection (13)(a) or (b) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. (15) Any other statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (12B) (1) For any financial year, a billing authority in Wales may by determination provide in relation to its area that if on any day the conditions mentioned in subsection (2) are satisfied in respect of a dwelling— (a) the discount under section 11(2)(a) does not apply, and (b) the amount of council tax payable in respect of that dwelling and that day is increased by such percentage of not more than 100 as it may specify in the determination. (2) The conditions are— (a) there is no resident of the dwelling, and (b) the dwelling is substantially furnished. (3) But a billing authority's first determination under this section must be made at least one year before the beginning of the financial year to which it relates. (4) In exercising its functions under this section a billing authority must have regard to any guidance issued by the Welsh Ministers. (5) The Welsh Ministers may by regulations prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under this section. (6) A class of dwellings may be prescribed under subsection (5) by reference to such factors as the Welsh Ministers think fit and may, amongst other factors, be prescribed by reference to— (a) the physical characteristics of, or other matters relating to, dwellings; (b) the circumstances of, or other matters relating to, any person who is liable to the amount of council tax concerned. (7) Where a determination under this section has effect in relation to a class of dwellings— (a) the billing authority may not make a determination under section 12(3) or (4) in relation to that class, and (b) any determination that has been made under section 12(3) or (4) ceases to have effect in relation to that class. (8) A billing authority may make a determination varying or revoking a determination under this section for a financial year, but only before the beginning of the year. (9) Where a billing authority makes a determination under this section it must publish a notice of the determination in at least one newspaper circulating in its area. (10) The notice must be published before the end of the period of 21 days beginning with the date of the determination. (11) The validity of a determination is not affected by a failure to comply with subsection (9) or (10). (12) The Welsh Ministers may by regulations specify a different percentage limit for the limit which is for the time being specified in subsection (1)(b). (13) A statutory instrument containing regulations made under subsection (12) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. (14) Any other statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (3) Part 4 of Schedule 3 makes consequential amendments relating to this Part.

PART 8 — AMENDMENT OF THE LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993

Amendment of the Leasehold Reform, Housing and Urban Development Act 1993

140

• (1) In section 99(5) of the Leasehold Reform, Housing and Urban Development Act 1993 (requirement for notices under Act to be signed by tenants or tenant personally) for paragraphs (a) and (b) substitute “ be signed by or on behalf of each of the tenants, or (as the case may be) by or on behalf of the tenant, by whom it is given. ”

• (2) Accordingly, the Leasehold Reform (Amendment) Act 2014 is repealed.

PART 9 — MISCELLANEOUS AND GENERAL

Miscellaneous

Minor amendments to the Mobile Homes (Wales) Act 2013

141

Part 5 of Schedule 3 makes minor amendments to the Mobile Homes (Wales) Act 2013.

General

Orders and regulations

142

• (1) A power to make an order or regulations under this Act is to be exercised by statutory instrument.

• (2) A power to make an order or regulations under this Act includes power—

• (a) to make different provision for different cases or classes of case, different areas or different purposes;

• (b) to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case;

• (c) to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the person making the order or regulations considers appropriate.

• (3) A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales—

• (a) in Part 1—

• (i) an order made under section 2(1)(c), 3, 5(f), 6(3), 7(4), 8(f), 10(4)(d), 12(3)(d), 14(3), 20(7) or 29(5);

• (ii) regulations made under section 19(2);

• (b) in Part 2—

• (i) an order made under section 57(4), 59(3), 72, 80(5)(b)(i), 80(8) or 81(4);

• (ii) regulations made under section 78(1) or 86(1) and regulations made by the Welsh Ministers under paragraph 1 of Schedule 2;

• (c) in Part 3, an order made under section 101 or 109;

• (d) in this Part, regulations made under section 144 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales.

• (4) Any other statutory instrument containing an order or regulations made by the Welsh Ministers under this Act other than an order made under section 40(7) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (5) A statutory instrument containing an order made under section 80(5)(b)(ii) may not be made unless a draft of the instrument has been laid before, and approved by resolution of—

• (a) each House of Parliament, and

• (b) the National Assembly for Wales.

• (6) A statutory instrument containing regulations made by the Secretary of State under paragraph 1 of Schedule 2 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

• (7) This section does not apply to an order made under section 145 (commencement).

Meaning of local housing authority

143

In this Act “local housing authority” means the council of a county or county borough in Wales, and it has an extended meaning for the purposes of Part 2 (see section 99).

Power to make consequential and transitional provision etc

144

• (1) If the Welsh Ministers consider it necessary or expedient for the purpose of, or in consequence of, giving full effect to any provision of this Act, they may by regulations make—

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitional or saving provision.

• (2) Regulations under this section may (among other things) amend, repeal or revoke any enactment.

• (3) In this section “enactment” means an enactment (whenever enacted or made) comprised in, or in an instrument made under—

• (a) an Act of Parliament,