No versions valid at: 18/10/2011
Point in time view as at 18/10/2011. This version of this chapter contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Housing (Wales) Measure 2011, CHAPTER 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Yn ddilys o 03/09/2012
(1)For the purposes of this Chapter, an “enlarging variation” is a variation of a direction issued under this Part which makes either or both of the following changes (and no others)—
(a)alters the direction so that it applies to an area to which it did not previously apply;
(b)alters the direction so that it applies to a type or types of relevant dwelling-house to which it did not previously apply;
and “enlarging elements” must be construed accordingly.
(2)For the purposes of this Chapter, a “reducing variation” is a variation of a direction issued under this Part which makes either or both of the following changes (and no others)—
(a)alters the direction so that it no longer applies to an area to which it did previously apply;
(b)alters the direction so that it no longer applies to a type or types of relevant dwelling-house to which it did previously apply;
and “reducing elements” must be construed accordingly.
(1)A local housing authority may apply to the Welsh Ministers for an enlarging variation of a direction issued under this Part if—
(a)the direction was issued in response to an application made by the authority;
(b)the application for a variation is made at least six months before the date on which the direction is to cease to have effect;
(c)within the period of six months preceding the application, the authority has completed a consultation exercise in accordance with section 9, and
(d)in the light of that exercise, and having considered any other relevant information, the authority concludes that, in relation to the enlarging elements of the variation, the condition described in subsection (2) exists.
(2)The condition is that—
(a)the demand for social housing falling within the enlarging elements of the variation substantially exceeds its supply or is likely to do so, and
(b)that imbalance between supply and demand is likely to increase as a result of the exercise of the right to buy and related rights.
(1)This section provides for the consultation exercise that a local housing authority must carry out before it may apply to the Welsh Ministers for an enlarging variation of a direction issued under this Part.
(2)The consultation exercise must seek views on whether there is a need to apply for such a variation.
(3)The persons to be consulted are—
(a)each social housing provider—
(i)which appears to the authority to be a landlord of a dwelling-house situated in the authority's area (but the authority need not consult itself), and
(ii)which the authority considers would be affected if its application for an enlarging variation of a direction is granted;
(b)any body or bodies appearing to the authority to represent the interests of tenants of dwelling-houses within the authority's area where—
(i)the landlords of those dwelling-houses are social housing providers, and
(ii)the authority considers that the tenants of those dwelling-houses would be affected if its application for an enlarging variation of a direction is granted;
(c)any other local housing authority whose area is adjacent to the area to which it is proposed that the enlarging elements of the direction are to apply; and
(d)such other persons as the authority considers appropriate.
(1)This section sets out the requirements to be met by a local housing authority's application to the Welsh Ministers for an enlarging variation of a direction issued under this Part.
(2)The application must—
(a)include a draft of the direction (as it would be varied if the application were granted) which, if it were included in an application for a direction under section 3, would comply with the requirements of section 3(2)(a);
(b)explain why the authority has concluded that the condition described in section 8(2) exists;
(c)explain why the authority is of the opinion that the variation is an appropriate response to its having concluded that the condition described in section 8(2) exists;
(d)explain what other action the authority proposes to take to reduce the imbalance between the demand for social housing and its supply within its area during the period for which the direction (as varied) is to have effect; and
(e)describe what the authority has done to discharge its obligation to carry out a consultation exercise under section 9.
(1)If the Welsh Ministers are of the opinion that a local housing authority's application for an enlarging variation meets the requirements of section 10, they must consider the application.
(2)If the Welsh Ministers are of the opinion that an application does not meet the requirements of section 10 they must refuse to consider it unless, in their opinion, the failure to comply with the requirements is immaterial or insignificant in which case they may consider the application.
(3)The Welsh Ministers must notify an authority in writing if they—
(a)are obliged under subsection (1) to consider an application for an enlarging variation;
(b)decide under subsection (2) to consider such an application, or
(c)are obliged under subsection (2) to refuse to consider an application.
(4)The day after that on which a notice was sent under subsection (3)(a) or (b) is to be treated as the date on which the Welsh Ministers decided to consider the application.
(5)If, before the Welsh Ministers have decided to consider an application, a local housing authority provides further information under section 27, it is to be treated as if it formed part of the application.
(1)This section applies where the Welsh Ministers are considering a local housing authority's application for an enlarging variation in accordance with section 11(1) or (2).
(2)The Welsh Ministers may reject the application (without considering whether subsection (2) requires them to grant it) if they are of the opinion that—
(a)the authority has failed to comply with a requirement imposed under section 27 in relation to the application, or
(b)where the authority is required to have a strategy relating to housing under section 87(1) of the Local Government Act 2003, the strategy, in so far as it relates to the imbalance between demand for and supply of social housing in the authority's area, is inadequate.
(3)The Welsh Ministers must not make a decision under subsection (2)(b) unless they have considered—
(a)any statement that the authority is required to prepare under section 87(2) of the Local Government Act 2003, and
(b)any other information which the Welsh Ministers consider relevant.
(4)The Welsh Ministers must grant the application if—
(a)they agree with the authority's opinion as to why the condition described in section 8(2) exists;
(b)they agree with the authority's opinion that the variation is an appropriate response to the authority having concluded that the condition exists;
(c)they are satisfied that the authority's proposals included in its application in accordance with section 10(2)(d) are likely to contribute to a reduction in the imbalance between the demand for social housing and its supply within the authority's area, and
(d)they are satisfied that, before making the application, the authority complied with its obligation to carry out a consultation exercise under section 9.
(5)If any of paragraphs (a) to (d) of subsection (4) are not met, the Welsh Ministers must reject the application.
(6)The Welsh Ministers must grant or reject an application in accordance with this section within six months beginning with the date on which they decided to consider the application (see section 11(4)).
(7)The validity of the Welsh Ministers' decision is not affected by a failure to comply with subsection (6).
(1)Where the Welsh Ministers grant a local housing authority's application under section 12, they must issue in writing a varied direction which—
(a)clearly identifies the area to which it applies;
(b)states whether or not the direction applies to every relevant dwelling-house within that area;
(c)if the direction does not apply to every relevant dwelling-house within that area, clearly describes the type or types of relevant dwelling-house to which it does apply;
(d)states the period for which it is to have effect.
(2)The Welsh Ministers must not issue a direction under this section which differs in any material respect from the draft of the direction included in the local housing authority's application in accordance with section 10(2)(a).
(1)A local housing authority may apply to the Welsh Ministers for a reducing variation of a direction issued under this Part if—
(a)the direction was issued in response to an application made by the authority, and
(b)the authority concludes that the condition described in subsection (2) exists.
(2)The condition is that either—
(a)the demand for social housing falling within the reducing elements of the variation does not substantially exceed its supply or is not likely to do so, or
(b)even if demand does substantially exceed supply, or is likely to do so, that imbalance between supply and demand is not likely to increase as a result of the exercise of the right to buy and related rights.
(1)This section sets out the requirements to be met by a local housing authority's application to the Welsh Ministers for a reducing variation of a direction issued under this Part.
(2)The application must—
(a)include a draft of the direction (as it would be varied if the application were granted) which, if it were included in an application for a direction under section 3, would comply with the requirements of section 3(2)(a), and
(b)explain why the authority has concluded that the condition described in section 14(2) exists.
(1)The Welsh Ministers may reject a local housing authority's application for a reducing variation (without considering whether subsection (2) requires them to grant it) if they are of the opinion that the authority has failed to comply with a requirement imposed under section 27 in relation to the application.
(2)The Welsh Ministers must grant the application if they agree with the authority's opinion as to why the condition described in section 14(2) exists and, if the Welsh Ministers do not so agree, they must reject the application.
(1)Where the Welsh Ministers grant a local housing authority's application under section 16, they must issue in writing a varied direction which—
(a)clearly identifies the area to which it applies;
(b)states whether or not the direction applies to every relevant dwelling-house within that area;
(c)if the direction does not apply to every relevant dwelling-house within that area, clearly describes the type or types of relevant dwelling-house to which it does apply;
(d)states the period for which it is to have effect.
(2)The Welsh Ministers must not issue a direction under this section which differs in any material respect from the draft of the direction included in the local housing authority's application in accordance with section 15(2)(a).
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’. Dim ond yn Saesneg y mae’r fersiwn ddiwygiedig ar gael ar hyn o bryd.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed) - Saesneg: Mae'r wreiddiol Saesneg fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed)-Cymraeg:Y fersiwn Gymraeg wreiddiol o’r ddeddfwriaeth fel yr oedd yn sefyll pan gafodd ei deddfu neu ei gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o Lywodraeth Cynulliad Cymru oedd yn gyfrifol am destun y Mesur i esbonio beth mae’r Mesur yn ceisio ei wneud ac i wneud y Mesur yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Mae Nodiadau Esboniadol yn cyd-fynd â holl Fesurau Cynulliad Cenedlaethol Cymru.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys