Reform history

- (1) This Act makes provision in respect of registered social landlords by amending existing Acts, including in particular the Housing Act 1996 (c. 52).

- (3) Sections 6 to 9 make provision about the Welsh Ministers' power to intervene in respect of the officers or management of a registered social landlord.

- (4) Section 10 makes provision about the Welsh Ministers' powers in respect of inquiries into registered social landlords.

References in this Act to the “1996 Act” are to the Housing Act 1996 (c. 52).

> (3) The reference in sub-paragraph (2) to an amendment to the rules of a society is to be interpreted in accordance with section 149 of the Co-operative and Community Benefit Societies Act 2014 (c. 14).

- (a) for “The Financial Conduct Authority shall not register a special resolution which is” substitute “ The society must notify the Welsh Ministers of a special resolution which it has ”, and

- (4) In paragraph 12, in sub-paragraph (4), for the words from “the resolution has no effect” to the end of the sub-paragraph substitute “ the society must notify the Welsh Ministers of the resolution. ”

- (8) In paragraph 13, in sub-paragraph (6), for the words from “the resolution has no effect” to the end of the sub-paragraph substitute “ the company must notify the Welsh Ministers of the resolution. ”

- (10) Omit paragraph 14 (Welsh Ministers' power to petition for winding up).

- (2) In paragraph 4 (Welsh Ministers' power to remove officer), in sub-paragraph (2)(g), for “proper management of the registered social landlord's affairs” substitute “ registered social landlord's compliance with a requirement imposed by or under an enactment ”.

- (3) In paragraph 6 (power to appoint officer of registered charity), in sub-paragraph (1)(c), for “for the proper management of the charity's affairs to have an additional officer” substitute “ to have an additional officer in order to ensure that the charity complies with a requirement imposed by or under an enactment ”.

- (4) In paragraph 7 (power to appoint officer of company), in sub-paragraph (1)(c), for “for the proper management of the company's affairs to have an additional officer” substitute “ to have an additional officer in order to ensure that the company complies with a requirement imposed by or under an enactment ”.

- (5) In paragraph 8 (power to appoint officer of registered society), in sub-paragraph (1)(c), for “for the proper management of the society's affairs to have an additional officer” substitute “ to have an additional officer in order to ensure that the society complies with a requirement imposed by or under an enactment ”.

- (2) In paragraph 15B (management tender), in sub-paragraph (1), for the words from “that” to the end of the sub-paragraph substitute “ that a registered social landlord has failed to comply with a requirement imposed by or under an enactment. ”

- (3) In paragraph 15B, in sub-paragraph (2), for “where the misconduct or mismanagement” substitute “ if the failure ”.

- (4) In paragraph 15D (management transfer), in sub-paragraph (1), for the words from “that” to the end of the sub-paragraph substitute “ that a registered social landlord has failed to comply with a requirement imposed by or under an enactment. ”

> (2) But this paragraph does not apply if the failure relates only to the registered social landlord's provision of housing in England.

- (2) In sub-paragraph (1), for the words from “that” to the end of the sub-paragraph substitute “ that a registered social landlord has failed to comply with a requirement imposed by or under an enactment. ”

- (3) In sub-paragraph (2), for “where the misconduct or mismanagement” substitute “ if the failure ”.

- (2) In sub-paragraph (1), for the words from “that” to the end of the sub-paragraph substitute “ that a registered social landlord which is a registered society has failed to comply with a requirement imposed by or under an enactment. ”

> (2) But this paragraph does not apply if the failure relates only to the registered social landlord's provision of housing in England.

- (2) In paragraph 20 (Welsh Ministers' power to direct inquiry), in sub-paragraph (1), for “there may have been misconduct or mismanagement” substitute “ the registered social landlord may have failed to comply with a requirement imposed by or under an enactment. ”

- (b) in paragraph (b), for the words from “there” to the end of that paragraph substitute “ a registered social landlord has failed to comply with a requirement imposed by or under an enactment. ”

- (4) In paragraph 23, in sub-paragraph (2)(a), for “misconduct or mismanagement” substitute “ failure ”.

- (5) In paragraph 24 (powers exercisable as result of final report or audit), in sub-paragraph (1), for the words from “there” to “landlord” substitute “ a registered social landlord has failed to comply with a requirement imposed by or under an enactment ”.

- (6) In paragraph 24, in sub-paragraph (2)(a), for “misconduct or mismanagement” substitute “ failure ”.

- (1) In the Housing Act 1985 (c. 68), in section 171D (subsequent dealings: qualifying dwelling house), in subsection (2ZA), after “housing” insert “ or by a registered social landlord ”.

- (2) In the Housing Act 1988 (c. 50), omit section 81 (consent required for certain subsequent disposals).

- (5) In subsection (1B), after “housing” insert “ or to a body registered as a registered social landlord under Chapter 1 of Part 1 of the Housing Act 1996. ”

> (11) In this section “*exempt disposal*” means—

Schedule 1 to this Act inserts a new Chapter 1A into Part 1 of the 1996 Act (social rented sector regulated by the Welsh Ministers), limiting local authorities' powers in respect of the membership of the board of a registered social landlord and their voting rights.

- (2) In this section, “*enactment*” means a provision contained in any of the following, whenever enacted or made—

- (a) in paragraph (ba), for “sections 9 and” substitute “ section ”;

In section 8 (power of registered social landlord to dispose of land), in subsection (3), for “(control by Welsh Ministers of land transactions)” substitute “ (notification to Welsh Ministers of disposal of land) ”.

In the italic cross-heading before section 9, for “Control by Welsh Ministers of” substitute “ Requirements relating to ”.

In section 16 (right of tenant to acquire dwelling), in subsection (2)(b), for “(see section 25)” substitute “ maintained under this Act prior to the coming into force of section 15 of the Regulation of Registered Social Landlords (Wales) Act 2018 ”.

In section 52 (general provisions as to orders), in subsection (1), after “section 2,” insert “ 7J, ”.

In section 63, in the appropriate place, insert “ “*notify*” means notify in writing; ”.