Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision under section 172 and 190(1) of the Local Government and Housing Act 1989 for the transfer of the housing stock of the Development Board for Rural Wales (“the Board”).
Part I contains general provisions. Under regulation 3, the Board may be required by the Secretary of State to make proposals for the disposal of its housing stock. Certain dwellings shall be or shall become retained by the Board and, under regulation 4, only transferred or included in a parcel proposed to be transferred when they cease to satisfy the requirements for retention. Under regulation 5, persons may be approved by Housing for Wales as potential acquirers and the Board must take specified steps to publicise the procedure for approval before proceeding under Part III. Regulation 6 makes provision regarding the price at which property is to be transferred. Regulation 7 contains land registration requirements. Regulation 8 provides that stock transferred to a district council is to be treated as having been acquired by the council under Part II of the Housing Act 1985, save in specified circumstances.
Part II (consisting of regulations 9 and 10) relates to property transferred separately from any dwellings.
Part III relates to the transfer of housing stock. Regulation 11 provides for the Board to offer dwellings to district councils and approved persons, having first invited representations from its tenants and others it deems appropriate as to who it should offer the dwellings to and how the stock should be divided for this purpose. Regulation 12 provides for the transfer of parcels of stock which two or more applicants wish to acquire, following consultation with tenants under regulation 13. In any such consultation, all tenants shall be given the opportunity to express their preferences. In the event of a successful applicant choosing, after the ballot, not to proceed, there will either be a new ballot if two or more other applicants remain interested or a transfer to the sole applicant who remains if there is only one. Regulation 14 provides for the transfer to a sole applicant of dwellings which no other applicants indicate a willingness to acquire. If no applicant indicates under the Regulations that it wishes to acquire, dwellings will be transferred to approved persons under regulation 15. Regulation 16 provides for valuations, the valuation in regulation 16(1)(b) is final but this is subject to the provisions of paragraph (6) which sets out procedure for resolving disputes.