- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2010)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 23/12/2011
Point in time view as at 01/04/2010.
Housing Act 1996, Cross Heading: Information is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The [F1Relevant Authority] may for any purpose connected with the discharge of any of its functions in relation to registered social landlords serve a notice on a person requiring him—
(a)to give to [F2the Welsh Ministers], at a time and place and in the form and manner specified in the notice, such information relating to the affairs of a registered social landlord as may be specified or described in the notice, or
(b)to produce to [F2the Welsh Ministers] or a person authorised by [F2the Welsh Ministers], at a time and place specified in the notice, any documents relating to the affairs of the registered social landlord which are specified or described in the notice and are in his custody or under his control.
(2)A notice under this section may be served on—
(a)a registered social landlord,
(b)any person who is, or has been, an officer, member, employee or agent of a registered social landlord,
(c)a subsidiary or associate of a registered social landlord,
(d)any person who is, or has been, an officer, member, employee or agent of a subsidiary or associate of a registered social landlord, or
(e)any other person whom [F2the Welsh Ministers] has reason to believe is or may be in possession of relevant information.
In this section “agent” includes banker, solicitor and auditor.
(3)No notice shall be served on a person within paragraphs (b) to (e) of subsection (2) unless—
(a)a notice has been served on the registered social landlord and has not been complied with, or
(b)[F2the Welsh Ministers] believes that the information or documents in question are not in the possession of the landlord.
(4)Nothing in this section authorises [F2the Welsh Ministers] to require—
(a)the disclosure of anything which a person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court, or
(b)the disclosure by a banker of anything in breach of any duty of confidentiality owed by him to a person other than a registered social landlord or a subsidiary or associate of a registered social landlord.
[F3(5)A notice under this section—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)if given by the [F5Welsh Ministers] , shall be given in writing.]
(6)References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.
(7)Where by virtue of this section documents are produced to any person, he may take copies of or make extracts from them.
Textual Amendments
F1Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F2Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F3S. 30(5) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para.86 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F4S. 30(5)(a) repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 89, Sch. 4 (with art. 6, Sch. 3)
F5Words in s. 30(5)(b) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 62(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)
Modifications etc. (not altering text)
C1S. 30 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1
C2S. 30(5) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)
(1)A person who without reasonable excuse fails to do anything required of him by a notice under section 30 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2)A person who intentionally alters, suppresses or destroys a document which he has been required by a notice under section 30 to produce commits an offence and is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum,
[F6(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.]
(3)Proceedings for an offence under subsection (1) or (2) may be brought only by or with the consent of [F2the Welsh Ministers] or the Director of Public Prosecutions.
(4)If a person makes default in complying with a notice under section 30, the High Court may, on the application of [F2the Welsh Ministers], make such order as the court thinks fit for requiring the default to be made good.
Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a body who are responsible for its default.
Textual Amendments
F2Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F6S. 31(2)(b) substituted (18.1.2005) by Housing Act 2004 (c. 34), s. 270(3)(c), Sch. 11 para. 12(1) (with Sch. 11 para. 12(2))
Modifications etc. (not altering text)
C3S. 31 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1
(1)A body or person to whom this section applies may, subject to the following provisions, disclose to [F2the Welsh Ministers], for the purpose of enabling [F2the Welsh Ministers] to discharge any of its functions relating to registered social landlords, any information received by that body or person under or for the purposes of any enactment.
(2)This section applies to the following bodies and persons—
(a)any government department (including a Northern Ireland department);
(b)any local authority;
(c)any constable; and
(d)any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
(3)This section has effect subject to any express restriction on disclosure imposed by or under any other enactment.
(4)Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.
Textual Amendments
F2Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
Modifications etc. (not altering text)
C4S. 32 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1
(1)The [F7Relevant Authority] may disclose to a body or person to whom this section applies any information received by it relating to a registered social landlord—
(a)for any purpose connected with the discharge of the functions of [F2the Welsh Ministers] in relation to such landlords, or
(b)for the purpose of enabling or assisting that body or person to discharge any of its or his functions.
(2)This section applies to the following bodies and persons—
(a)any government department (including a Northern Ireland department);
(b)any local authority;
(c)any constable; and
(d)any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
Paragraph (d) extends to any such body or person in a country or territory outside the United Kingdom.
(3)Where any information disclosed to [F2the Welsh Ministers] under section 32 is so disclosed subject to any express restriction on the further disclosure of the information, [F2the Welsh Ministers] power of disclosure under this section is exercisable subject to that restriction.
A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)Any information disclosed by [F2the Welsh Ministers] under this section may be subject by [F2the Welsh Ministers] to any express restriction on the further disclosure of the information.
(5)A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Proceedings for such an offence may be brought only by or with the consent of [F2the Welsh Ministers] or the Director of Public Prosecutions.
(6)Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.
Textual Amendments
F2Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F7Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
Modifications etc. (not altering text)
C5S. 33 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1
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