37 Powers of entry.E+W
(1)This section applies where it appears to [F1the Welsh Ministers] that a registered social landlord may be failing to maintain or repair any premises in accordance with [F2standards set under section 33A or] guidance issued under section 36.
(2)A person authorised by [F1the Welsh Ministers] may at any reasonable time, on giving not less than 28 days’ notice of his intention to the landlord concerned, enter any such premises for the purpose of survey and examination.
(3)Where such notice is given to the landlord, the landlord shall give the occupier or occupiers of the premises not less than seven days’ notice of the proposed survey and examination.
[F3(3A)] A landlord [F4who fails, without reasonable excuse, to give the required notice in relation to premises in Wales] commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
[F5(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.]
(4)Proceedings for an offence under subsection [F6(3A) or (3B)] may be brought only by or with the consent of [F1the Welsh Ministers] or the Director of Public Prosecutions.
(5)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
(6)The [F7Relevant Authority] shall give a copy of any survey carried out in exercise of the powers conferred by this section to the landlord concerned.
(7)The [F7Relevant Authority] may require the landlord concerned to pay to it such amount as [F1the Welsh Ministers] may determine towards the costs of carrying out any survey under this section.
Textual Amendments
F1Words 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.)
F2Words in s. 37(1) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 8; S.I. 2011/2475, arts. 1(2), 3(k)
F3Words in s. 37(3) renumbered as s. 37(3A) (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 42(2)(a), 90(2); S.I. 2011/2475, arts. 1(2), 3(d)
F4Words in s. 37(3A) substituted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 42(2)(b), 90(2); S.I. 2011/2475, arts. 1(2), 3(d)
F5S. 37(3B) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 42(2)(c), 90(2); S.I. 2011/2475, arts. 1(2), 3(d)
F6Word in s. 37(4) substituted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 42(3), 90(2); S.I. 2011/2475, arts. 1(2), 3(d)
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)
C1S. 37 extended (16.9.1996) by S.I. 1996/2402, art. 3, Sch. para. 1