Housing (Wales) Measure 2011

PART 1 — SUSPENSION OF THE RIGHT TO BUY AND RELATED RIGHTS

CHAPTER 1 — DIRECTIONS SUSPENDING THE RIGHT TO BUY AND RELATED RIGHTS

Power to apply for direction suspending the right to buy and related rights

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Consultation

2

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Application for direction suspending the right to buy and related rights

3

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Consideration by the Welsh Ministers of an application

4

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Decision of the Welsh Ministers on the application

5

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Issue of direction

6

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CHAPTER 2 — VARIATION OF DIRECTION SUSPENDING THE RIGHT TO BUY AND RELATED RIGHTS

Meaning of “enlarging variation” and “reducing variation” etc

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Enlarging variation: power to apply

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Enlarging variation: consultation

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Application for enlarging variation

10

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Consideration by the Welsh Ministers of an application for an enlarging variation

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Decision of the Welsh Ministers on the application

12

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Issue of direction as varied to include enlarging elements

13

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Reducing variation: power to apply

14

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Application for reducing variation

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Decision of the Welsh Ministers on the application

16

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Issue of direction as varied to include reducing elements

17

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CHAPTER 3 — EXTENSION OF DIRECTION SUSPENDING THE RIGHT TO BUY AND RELATED RIGHTS

Extension application: power to apply

18

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Extension application: consultation

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Application for extension

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Decision of the Welsh Ministers on the application

21

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Issue of direction as extended

22

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CHAPTER 4 — REVOCATION OF DIRECTION SUSPENDING THE RIGHT TO BUY AND RELATED RIGHTS

Revocation of direction: power to apply

23

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Application for revocation

24

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Decision of the Welsh Ministers on the application

25

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CHAPTER 5 — APPLICATIONS: GENERAL PROVISIONS

Withdrawal of application

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Provision of further information

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Publication of directions

28

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Restriction on repeat applications

29

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Guidance

30

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CHAPTER 6 — AMENDMENTS TO THE HOUSING ACT 1985

Consequence of the Welsh Ministers deciding to consider certain applications

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Effect of direction to suspend the right to buy

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CHAPTER 7 — MISCELLANEOUS

Interpretation of Part 1

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Consequential etc orders

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PART 2 — REGISTERED SOCIAL LANDLORDS

CHAPTER 1 — PERFORMANCE

Standards of performance

35

Before section 34 of the Housing Act 1996 (but after the italic heading immediately before that section) insert—

(33A) (1) The Welsh Ministers may set standards to be met by registered social landlords in connection with— (a) their functions relating to the provision of housing, and (b) matters relating to their governance and financial management. (2) In setting standards the Welsh Ministers must have regard to the desirability of registered providers being free to choose how to provide services and conduct business. (3) This section does not apply in relation to a registered social landlord's provision of housing in England.

Guidance on standards of performance

36

After section 33A of the Housing Act 1996 insert—

(33B) (1) The Welsh Ministers may issue guidance that— (a) relates to a matter addressed by a standard, 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 revise or withdraw the guidance. (4) The Welsh Ministers must make arrangements for bringing the guidance to the attention of registered social landlords.

Consultation

37

After section 33B of the Housing Act 1996 insert—

(33C) Before setting standards under section 33A, or issuing, revising or withdrawing guidance under section 33B, the Welsh Ministers must consult - (a) one or more bodies appearing to them to represent the interests of registered social landlords, (b) one or more bodies appearing to them to represent the interests of tenants, and (c) one or more bodies appearing to them to represent the interests of local housing authorities.

Information as to levels of performance

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• (1) Amend section 35 of the Housing Act 1996 (information as to levels of performance) as follows.

• (2) Before subsection (1) insert—

(A1) The Welsh Ministers shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with— (a) their functions relating to the provision of housing in Wales, and (b) matters relating to their governance and financial management.

• (3) In subsection (1), after “housing” insert “ in England ”.

• (4) In subsection (2), for “section 34” substitute “ section 33A or 34 ”.

Guidance about complaints about performance

39

After section 35 of the Housing Act 1996 insert—

(35A) (1) The Welsh Ministers may publish guidance about complaints to the Welsh Ministers about the performance of registered social landlords. (2) The guidance may specify (among other things)— (a) the procedure to be followed in making a complaint; (b) the criteria used by the Welsh Ministers in deciding whether to investigate a complaint; (c) periods within which the Welsh Ministers aim to inform complainants of the result of complaints. (3) The Welsh Ministers may revise or withdraw the guidance. (4) This section does not apply in relation to complaints about a registered social landlord's provision of housing in England.

Consultation

40

After section 35A of the Housing Act 1996 insert—

(35B) Before publishing, revising or withdrawing guidance under section 35A the Welsh Ministers must consult— (a) one or more bodies appearing to them to represent the interests of registered social landlords, (b) one or more bodies appearing to them to represent the interests of tenants, (c) one or more bodies appearing to them to represent the interests of local housing authorities, and (d) the Auditor General for Wales.

CHAPTER 2 — VOLUNTARY UNDERTAKINGS

Voluntary undertakings

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After section 6 of the Housing Act 1996 insert—

(6A) (1) A registered social landlord may give the Welsh Ministers an undertaking in respect of any matter concerning housing. (2) The Welsh Ministers may prescribe a procedure to be followed in giving an undertaking. (3) The Welsh Ministers must have regard to any undertaking offered or given in exercising a regulatory or enforcement power. (4) The Welsh Ministers may base a decision about whether to exercise a regulatory or enforcement power wholly or partly on the extent to which an undertaking has been honoured. (5) In this section, “regulatory or enforcement power” means a power exercisable under any of the following provisions— - section 35, - section 37, - section 38, - Chapter 4A of this Part, - paragraphs 4 and 6 to 15H of Part 2 of Schedule 1, - Part 3A of Schedule 1, - Part 4 of Schedule 1. (6) This section does not apply in relation to a registered social landlord's provision of housing in England.

CHAPTER 3 — REGULATION

Survey and examination

Failure to give notice to occupiers

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• (1) Amend section 37 of the Housing Act 1996 (power to enter premises to carry out survey and examination) as follows.

• (2) In subsection (3)—

• (a) the second sentence of the existing provision becomes subsection (3A),

• (b) in subsection (3A), for “who fails to do so” substitute “ who fails, without reasonable excuse, to give the required notice in relation to premises in Wales ”, and

• (c) after subsection (3A) insert—

(3B) A landlord who fails to give the required notice in relation to premises in England commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) In subsection (4), for “(3)” substitute “ (3A) or (3B) ”.

Inspection

Inspection: overview and application

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After Part 3 of Schedule 1 to the Housing Act 1996 insert—

(19B) (1) This Part provides for the inspection of a registered social landlord's affairs. (2) But this Part does not apply in relation to affairs relating only to the provision of housing in England.

Inspection

44

After paragraph 19B of Schedule 1 to the Housing Act 1996 insert—

(19C) (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.

Inspection: supplemental

45

After paragraph 19C of Schedule 1 to the Housing Act 1996 insert—

(19D) (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.

Inspector's powers to require provision of documents or information

46

After paragraph 19D of Schedule 1 to the Housing Act 1996 insert—

(19E) (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.

Inspector's powers to require provision of documents or information: supplemental

47

After paragraph 19E of Schedule 1 to the Housing Act 1996 insert—

(19F) (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 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.

Inspector's powers of entry and inspection

48

After paragraph 19F of Schedule 1 to the Housing Act 1996 insert—

(19G) (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— 1. the Welsh Ministers, or 2. 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).

Inquiry

Extraordinary audit for purposes of inquiry

49

In paragraph 22 of Schedule 1 to the Housing Act 1996 (extraordinary audit for purposes of inquiry), in sub-paragraph (4), for “the Welsh Ministers” substitute “ the registered social landlord in respect of which the inquiry is being conducted ”.

CHAPTER 4 — ENFORCEMENT

General

Welsh Ministers' enforcement powers: general

50

After section 50 of the Housing Act 1996 insert—

(50A) This Chapter does not apply in relation to a registered social landlord's provision of housing in England.

Exercise of enforcement powers

51

After section 50A of the Housing Act 1996 insert—

(50B) (1) This section applies where the Welsh Ministers are deciding— (a) whether to exercise an enforcement power, (b) which enforcement power to exercise, or (c) how to exercise an enforcement power. (2) The Welsh Ministers must consider— (a) the desirability of registered social landlords being free to choose how to provide services and conduct business; (b) whether the failure or other problem concerned is serious or trivial; (c) whether the failure or other problem is a recurrent or isolated incident; (d) the speed with which the failure or other problem needs to be addressed. (3) In subsection (1), an “enforcement power” means a power exercisable under any of the following provisions— - this Chapter, - paragraphs 4, 6 to 8, 14 to 15B, 15D, 15F and 15H of Part 2 of Schedule 1, - paragraphs 20 to 27 of Part 4 of Schedule 1.

Enforcement notice

Grounds for giving notice

52

After section 50B of the Housing Act 1996 insert—