Mesur Tai (Cymru) 2011

Valid from 18/10/2011

PENNOD 4 LL+C GORFODI

Cyffredinol LL+C

50 Pwerau gorfodi Gweinidogion Cymru: cyffredinol LL+C

Ar ôl adran 50 o Ddeddf Tai 1996 mewnosoder—

“CHAPTER 4A LL+C ENFORCEMENT POWERS

General LL+C

50A Application of Chapter 4A

This Chapter does not apply in relation to a registered social landlord’s provision of housing in England.”

Gwybodaeth Cychwyn

I1 A. 50 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

51 Arfer pwerau gorfodi LL+C

Ar ôl adran 50A o Ddeddf Tai 1996 mewnosoder—

“50B Exercise of enforcement powers

(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.”

Gwybodaeth Cychwyn

I2 A. 51 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

Hysbysiad gorfodi LL+C

52 Seiliau ar gyfer rhoi hysbysiad LL+C

Ar ôl adran 50B o Ddeddf Tai 1996 mewnosoder—

“Enforcement notice LL+C

50C Grounds for giving notice

(1) The Welsh Ministers may give an enforcement notice to a registered social landlord if they are satisfied that—

(a) any of the following cases applies, and

(b) giving an enforcement notice is appropriate (whether it is likely to be sufficient in itself or a prelude to further action).

(2) Case 1 is where the registered social landlord has failed to meet a standard applicable to it under section 33A.

(3) Case 2 is where there has been misconduct or mismanagement in the affairs of the registered social landlord.

(4) Case 3 is where the registered social landlord has failed to comply with an earlier enforcement notice.

(5) Case 4 is where the registered social landlord has failed to publish information in accordance with a requirement under section 50I(3) or 50Q(3).

(6) Case 5 is where the interests of tenants of the registered social landlord require protection.

(7) Case 6 is where the registered social landlord’s assets require protection.

(8) Case 7 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.

(9) Case 8 is where an offence under this Part has been committed by the registered social landlord.

(10) Case 9 is where the registered social landlord has failed to implement a recommendation made by the Public Services Ombudsman for Wales in a report prepared under section 16 of the Public Services Ombudsman (Wales) Act 2005.

(11) Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)—

(a) Case 8 applies,

(b) the Welsh Ministers may give an enforcement notice to the other person, and

(c) this Chapter applies with the substitution of references to that other person for references to the registered social landlord.”

Gwybodaeth Cychwyn

I3 A. 52 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

53 Cynnwys LL+C

Ar ôl adran 50C o Ddeddf Tai 1996 mewnosoder—

“50D Content

(1) An enforcement notice must—

(a) specify the grounds on which it is given,

(b) specify the action the Welsh Ministers want the registered social landlord to take in response to the notice,

(c) specify when the action is to be taken (which may be immediately on receipt of the notice), and

(d) explain the effect of sections 50E to 50G.

(2) The action specified in an enforcement notice may include publishing the notice in a specified manner.”

Gwybodaeth Cychwyn

I4 A. 53 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

54 Apelio LL+C

Ar ôl adran 50D o Ddeddf Tai 1996 mewnosoder—

“50E Appeal

A registered social landlord who is given an enforcement notice may appeal to the High Court.”

Gwybodaeth Cychwyn

I5 A. 54 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

55 Tynnu'n ôl LL+C

Ar ôl adran 50E o Ddeddf Tai 1996 mewnosoder—

“50F Withdrawal

The Welsh Ministers may withdraw an enforcement notice by notice to the registered social landlord.”

Gwybodaeth Cychwyn

I6 A. 55 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

56 Sancsiwn LL+C

Ar ôl adran 50F o Ddeddf Tai 1996 mewnosoder—

“50G Sanction

(1) In the case of an enforcement notice given to a person other than the registered social landlord by virtue of section 50C(11), the Welsh Ministers may only—

(a) exercise the power to issue a penalty notice to the person in accordance with the next group of sections, or

(b) take steps to have the person prosecuted for the offence by reference to which the enforcement notice was given.

(2) A person to whom an enforcement notice is given on the ground in Case 8 of section 50C may not be prosecuted for the offence by reference to which the enforcement notice was given unless the person fails to comply with the enforcement notice.”

Gwybodaeth Cychwyn

I7 A. 56 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

Cosb LL+C

57 Seiliau ar gyfer rhoi cosb LL+C

Ar ôl adran 50G o Ddeddf Tai 1996 mewnosoder—

“Penalty LL+C

50H Grounds for imposition

(1) The Welsh Ministers may require a registered social landlord to pay a penalty if they are satisfied that—

(a) any of the following cases applies, and

(b) the imposition of a penalty is appropriate (whether or not as part of a response including other action).

(2) Case 1 is where the registered social landlord has failed to meet a standard under section 33A.

(3) Case 2 is where there has been misconduct or mismanagement in the affairs of the registered social landlord.

(4) Case 3 is where the registered social landlord has failed to comply with an enforcement notice.

(5) Case 4 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.

(6) Case 5 is where an offence under this Part has been committed by the registered social landlord.

(7) Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)—

(a) Case 5 applies,

(b) the Welsh Ministers may require the other person to pay a penalty, and

(c) this Chapter applies with the substitution of references to that other person for references to the registered social landlord.

(8) In order to rely on Case 5 the Welsh Ministers must be satisfied beyond reasonable doubt that it applies.”

Gwybodaeth Cychwyn

I8 A. 57 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

58 Rhoi cosb LL+C

Ar ôl adran 50H o Ddeddf Tai 1996 mewnosoder—

“50I Imposition

(1) A penalty is imposed by the Welsh Ministers giving notice (a “penalty notice”) to the registered social landlord.

(2) The notice must specify—

(a) the grounds on which the penalty is imposed,

(b) the amount of the penalty,

(c) how the penalty must be paid,

(d) a period within which it must be paid, and

(e) any interest or additional penalty which, by virtue of section 50M, is payable in the event of late payment.

(3) The notice may require the registered social landlord to publish information about the penalty in a specified manner.

(4) The notice must explain the effect of sections 50M(1), (3) and (5) and 50N.”

Gwybodaeth Cychwyn

I9 A. 58 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

59 Swm y gosb LL+C

Ar ôl adran 50I o Ddeddf Tai 1996 mewnosoder—

“50J Amount

(1) The amount of a penalty imposed on the ground specified in Case 5 of section 50H may not exceed the maximum amount of fine that a magistrates' court could impose for the relevant offence.

(2) The amount of a penalty imposed on the ground specified in any other Case of that section may not exceed £5,000.

(3) The Welsh Ministers may by order amend the amount specified in subsection (2).

(4) An order under subsection (3) is to be made by statutory instrument and must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.”

Gwybodaeth Cychwyn

I10 A. 59 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

60 Rhybuddio LL+C

Ar ôl adran 50J o Ddeddf Tai 1996 mewnosoder—

“50K Warning

(1) Before giving a penalty notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-penalty warning”)—

(a) specifying grounds on which the Welsh Ministers think a penalty could be imposed,

(b) warning the landlord that the Welsh Ministers are considering imposing a penalty,

(c) including any indication that the Welsh Ministers are able to give of the likely amount of any penalty, and

(d) explaining the effect of sections 50L, 50M(1), (3) and (5) and 50N.

(2) The Welsh Ministers must send a copy of a pre-penalty warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-penalty warning is given).

(3) A pre-penalty warning must—

(a) refer to section 6A, and

(b) indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, a penalty.

(4) A pre-penalty warning may be combined with notice under one or more of the following—

(a) section 50S,

(b) paragraphs 15C, 15E and 15G of Schedule 1.”

Gwybodaeth Cychwyn

I11 A. 60 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

61 Sylwadau LL+C

Ar ôl adran 50K o Ddeddf Tai 1996 mewnosoder—

“50L Representations

(1) A pre-penalty warning must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(2) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered social landlord receives the pre-penalty warning.

(3) Representations may address—

(a) whether a penalty should be imposed;

(b) the amount of any penalty that may be imposed.

(4) After the end of the period specified under subsection (1) the Welsh Ministers must—

(a) consider any representations made, and

(b) decide whether to impose a penalty.”

Gwybodaeth Cychwyn

I12 A. 61 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

62 Gorfodi LL+C

Ar ôl adran 50L o Ddeddf Tai 1996 mewnosoder—

“50M Enforcement

(1) A penalty is to be treated as a debt owed to the Welsh Ministers.

(2) The Welsh Ministers may—

(a) charge interest on a penalty not paid during the period specified under section 50I(2)(d);

(b) impose one or more additional penalties where a penalty is not paid during that period.

(3) Interest and additional penalty are to be treated as penalty (and may have the effect of increasing the penalty above a limit set by section 50J).

(4) A penalty notice may include provision allowing a discount if the penalty is paid on or before a date specified in the notice (falling within the period specified under section 50I(2)(d)).

(5) A person to whom a penalty notice is given on the ground in Case 5 of section 50H may not be prosecuted for the offence by reference to which the penalty notice was given.”

Gwybodaeth Cychwyn

I13 A. 62 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

63 Apelio LL+C

Ar ôl adran 50M o Ddeddf Tai 1996 mewnosoder—

“50N Appeal

A registered social landlord who is given a penalty notice may appeal to the High Court against—

(a) the imposition of the penalty,

(b) its amount, or

(c) both.”

Gwybodaeth Cychwyn

I14 A. 63 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

Iawndal LL+C

64 Seiliau ar gyfer dyfarnu iawndal LL+C

Ar ôl adran 50N o Ddeddf Tai 1996 mewnosoder—

“Compensation LL+C

“50O Grounds for award

(1) The Welsh Ministers may require a registered social landlord to pay compensation if they are satisfied that—

(a) either of the following cases applies, and

(b) the award of compensation is appropriate (whether or not as part of a response including other action).

(2) Case 1 is where the registered social landlord has failed to meet a standard under section 33A.

(3) Case 2 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it.”

Gwybodaeth Cychwyn

I15 A. 64 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

65 Personau y caniateir dyfarnu iawndal iddynt LL+C

Ar ôl adran 50O o Ddeddf Tai 1996 mewnosoder—

“50P Persons to whom compensation may be awarded

Compensation in respect of a failure may be awarded to one or more persons who have suffered as a result of the failure.”

Gwybodaeth Cychwyn

I16 A. 65 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

66 Dyfarnu iawndal LL+C

Ar ôl adran 50P o Ddeddf Tai 1996 mewnosoder—

“50Q Award

(1) Compensation is awarded by the Welsh Ministers giving notice (a “compensation notice”) to—

(a) the registered social landlord, and

(b) the person to be compensated.

(2) The notice must specify—

(a) the grounds on which the compensation is awarded,

(b) the amount of the compensation,

(c) the person to be compensated,

(d) a period within which it must be paid, and

(e) any interest or additional compensation which, by virtue of section 50U(2), is payable in the event of late payment.

(3) The notice may require the registered social landlord to publish information about the compensation award in a specified manner.

(4) The notice must explain the effect of sections 50U(1) and (3) and 50V.”

Gwybodaeth Cychwyn

I17 A. 66 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

67 Effaith LL+C

Ar ôl adran 50Q o Ddeddf Tai 1996 mewnosoder—

“50R Impact

(1) This section applies when the Welsh Ministers are considering—

(a) whether to award compensation, or

(b) the amount of compensation to award.

(2) The Welsh Ministers must take account of any information available to them about the financial situation of the registered social landlord.

(3) The Welsh Ministers must consider the likely impact of the compensation on the registered social landlord’s ability to provide services.

(4) In particular, the Welsh Minsters must aim to avoid—

(a) jeopardising the financial viability of the registered social landlord,

(b) preventing the registered social landlord from honouring financial commitments, or

(c) preventing the registered social landlord from taking action to remedy the matters on the grounds of which the compensation might be awarded.”

Gwybodaeth Cychwyn

I18 A. 67 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

68 Rhybuddio LL+C

Ar ôl adran 50R o Ddeddf Tai 1996 mewnosoder—

“50S Warning

(1) Before giving a compensation notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-compensation warning”)—

(a) specifying grounds on which the Welsh Ministers think compensation could be awarded,

(b) warning the landlord that the Welsh Ministers are considering awarding compensation to a specified person,

(c) including any indication that the Welsh Ministers are able to give of the likely amount of any compensation, and

(d) explaining the effect of sections 50T, 50U(1) and (3) and 50V.

(2) Before giving a pre-compensation warning the Welsh Ministers must consult the Public Services Ombudsman for Wales.

(3) The Welsh Ministers must send a copy of a pre-compensation warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-compensation warning is given).

(4) A pre-compensation warning must—

(a) refer to section 6A, and

(b) indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, awarding compensation.

(5) A pre-compensation warning may be combined with notice under one or more of the following—

(a) section 50K,

(b) paragraphs 15C, 15E and 15G of Schedule 1.”

Gwybodaeth Cychwyn

I19 A. 68 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

69 Sylwadau LL+C

Ar ôl adran 50S o Ddeddf Tai 1996 mewnosoder—

“50T Representations

(1) A pre-compensation warning must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(2) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered social landlord receives the pre-compensation warning.

(3) Representations may address—

(a) whether compensation should be awarded;

(b) the amount of any compensation that may be awarded.

(4) After the end of the period specified under subsection (1) the Welsh Ministers must—

(a) consider any representations made, and

(b) decide whether to award compensation.”

Gwybodaeth Cychwyn

I20 A. 69 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

70 Gorfodi LL+C

Ar ôl adran 50T o Ddeddf Tai 1996 mewnosoder—

“50U Enforcement

(1) Compensation is to be treated as a debt owed to the person to whom it is awarded.

(2) The Welsh Ministers may—

(a) award interest on compensation not paid during the period specified under section 50Q(2)(d);

(b) award additional compensation where compensation is not paid during that period.

(3) Interest and additional compensation are to be treated as compensation.”

Gwybodaeth Cychwyn

I21 A. 70 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

71 Apelio LL+C

Ar ôl adran 50U o Ddeddf Tai 1996 mewnosoder—

“50V Appeal

A registered social landlord who is given a compensation notice may appeal to the High Court against—

(a) the award of compensation,

(b) its amount, or

(c) both.”

Gwybodaeth Cychwyn

I22 A. 71 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

Rheolaeth a chyfansoddiad landlordiaid cymdeithasol cofrestredig LL+C

72 Tendr rheoli LL+C

Ar ôl paragraff 15A o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—

“Management etc LL+C

Management tender

15B (1) This paragraph applies if the Welsh Ministers are satisfied that—

(a) a registered social landlord has failed to meet a standard under section 33A, or

(b) there has been misconduct or mismanagement in the affairs of the registered social landlord.

(2) But this paragraph does not apply where the misconduct or mismanagement relates only to the registered social landlord’s provision of housing in England.

(3) The Welsh Ministers may require the registered social landlord to implement a process specified by them for the purpose of—

(a) inviting persons to apply to undertake management functions of the registered social landlord, and

(b) selecting from the applications and making an appointment.

(4) A requirement may relate to—

(a) the registered social landlord’s affairs generally, or

(b) specified affairs.

(5) A requirement must include—

(a) provision about the constitution of a selection panel (which must include provision for ensuring representation of tenants' interests),

(b) provision for ensuring best procurement practice (and consistent with any applicable procurement law), and

(c) provision about the terms and conditions on which the manager is to be appointed (including provision about—

(i) setting, monitoring and enforcing performance standards, and

(ii) resources).”

Gwybodaeth Cychwyn

I23 A. 72 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

73 Tendr rheoli: atodol LL+C

Ar ôl paragraff 15B o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—

“Management tender: supplemental

15C (1) Before acting under paragraph 15B(3) the Welsh Ministers must give the registered social landlord a notice—

(a) specifying grounds on which action might be taken under that paragraph,

(b) warning the landlord that the Welsh Ministers are considering action under that paragraph, and

(c) explaining the effect of this paragraph.

(2) The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(3) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered social landlord receives the notice.

(4) The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5) A notice under sub-paragraph (1) must—

(a) refer to section 6A, and

(b) indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15B(3).

(6) Notice under sub-paragraph (1) may be combined with notice under one or more of the following—

(a) sections 50K and 50S,

(b) paragraphs 15E and 15G.

(7) In imposing a requirement the Welsh Ministers must have regard to views of—

(a) relevant tenants,

(b) the registered social landlord, and

(c) if they think it appropriate, any relevant local housing authority.

(8) A registered social landlord may appeal to the High Court against a requirement under paragraph 15B(3).”

Gwybodaeth Cychwyn

I24 A. 73 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

74 Trosglwyddo rheolaeth LL+C

Ar ôl paragraff 15C o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—

“Management transfer

15D (1) This paragraph applies if, as a result of an inquiry under paragraph 20 or an audit under paragraph 22, the Welsh Ministers are satisfied that—

(a) there has been misconduct or mismanagement in the affairs of the registered social landlord, or

(b) a transfer of certain of a registered social landlord’s management functions would be likely to improve the management of some or all of its affairs.

(2) But this paragraph does not apply where—

(a) the misconduct or mismanagement relates only to the registered social landlord’s provision of housing in England, or

(b) the transfer would be likely to improve the registered social landlord’s management of affairs only in relation to the provision of housing in England.

(3) The Welsh Ministers may require the registered social landlord to transfer management functions to a specified person.

(4) A requirement may relate to—

(a) the registered social landlord’s affairs generally, or

(b) specified affairs.

(5) Transfer is to be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the requirement.

(6) A transferee manager is to have—

(a) any power specified in the requirement, and

(b) any other power in relation to the registered social landlord’s affairs required by the manager for the purposes specified in the requirement (including the power to enter into agreements and take other action on behalf of the registered social landlord).”

Gwybodaeth Cychwyn

I25 A. 74 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

75 Trosglwyddo rheolaeth: atodol LL+C

Ar ôl paragraff 15D o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—

“Management transfer: supplemental

15E (1) Before acting under paragraph 15D(3) the Welsh Ministers must give the registered social landlord a notice—

(a) specifying grounds on which action might be taken under that paragraph,

(b) warning the landlord that the Welsh Ministers are considering action under that paragraph, and

(c) explaining the effect of this paragraph.

(2) The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(3) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered social landlord receives the notice.

(4) The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5) A notice under sub-paragraph (1) must—

(a) refer to section 6A, and

(b) indicate whether or to what extent the social landlord would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15D(3).

(6) Notice under sub-paragraph (1) may be combined with notice under one or more of the following—

(a) sections 50K and 50S,

(b) paragraphs 15C and 15G.

(7) In imposing a requirement the Welsh Ministers must have regard to views of—

(a) relevant tenants,

(b) the registered social landlord, and

(c) if they think it appropriate, any relevant local housing authority.

(8) A registered social landlord may appeal to the High Court against a requirement under paragraph 15D(3).”

Gwybodaeth Cychwyn

I26 A. 75 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

76 Penodi rheolwr ar landlord cymdeithasol cofrestredig LL+C

Ar ôl paragraff 15E o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—

“Appointment of manager of registered social landlord

15F (1) This paragraph applies if the Welsh Ministers are satisfied that—

(a) a registered social landlord has failed to meet a standard under section 33A, or

(b) there has been misconduct or mismanagement in the affairs of the registered social landlord.

(2) But this paragraph does not apply where the misconduct or mismanagement relates only to the registered social landlord’s provision of housing in England.

(3) The Welsh Ministers may—

(a) appoint an individual as a manager of the registered social landlord, or

(b) require the registered social landlord to appoint an individual as a manager.

(4) An appointment or requirement may relate to the management of —

(a) the registered social landlord’s affairs generally, or

(b) specified affairs.

(5) Appointment is to be on terms and conditions (including as to remuneration) specified in, or determined in accordance with, the appointment or requirement.

(6) A manager is to have—

(a) any power specified in the appointment or requirement, and

(b) any other power in relation to the registered social landlord’s affairs required by the manager for the purposes specified in the appointment or requirement (including the power to enter into agreements and take other action on behalf of the registered social landlord).”

Gwybodaeth Cychwyn

I27 A. 76 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

77 Penodi rheolwr: atodol LL+C

Ar ôl paragraff 15F o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—

“Appointment of manager: supplemental

15G (1) Before acting under paragraph 15F(3) the Welsh Ministers must give the registered social landlord a notice—

(a) specifying grounds on which action might be taken under that paragraph,

(b) warning the landlord that the Welsh Ministers are considering action under that paragraph, and

(c) explaining the effect of this paragraph.

(2) The notice must specify a period during which the registered social landlord may make representations to the Welsh Ministers.

(3) The period must—

(a) be a period of at least 28 days, and

(b) begin with the date on which the registered social landlord receives the notice.

(4) The Welsh Ministers must send a copy of a notice under sub-paragraph (1) to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the notice is given).

(5) A notice under sub-paragraph (1) must—

(a) refer to section 6A, and

(b) indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, action under paragraph 15F(3).

(6) Notice under sub-paragraph (1) may be combined with notice under one or more of the following—

(a) sections 50K and 50S,

(b) paragraphs 15C and 15E.

(7) The Welsh Ministers may require a manager to report to them on the affairs specified in the appointment or requirement under paragraph 15F(3).

(8) A registered social landlord may appeal to the High Court against an appointment or requirement under paragraph 15F(3).”

Gwybodaeth Cychwyn

I28 A. 77 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

78 Cyfuno LL+C

Ar ôl paragraff 15G o Atodlen 1 i Ddeddf Tai 1996 mewnosoder—

“Amalgamation

15H (1) This paragraph applies if as a result of an inquiry under paragraph 20 or an audit under paragraph 22, the Welsh Ministers are satisfied that—

(a) there has been misconduct or mismanagement in the affairs of a registered social landlord which is an industrial and provident society, or

(b) the management of the affairs of a registered social landlord which is an industrial and provident society would be improved if the landlord were amalgamated with another industrial and provident society.

(2) But this paragraph does not apply where—

(a) the misconduct or mismanagement relates only to the registered social landlord’s provision of housing in England, or

(b) the amalgamation would improve the management of the registered social landlord’s affairs only in relation to housing in England.

(3) The Welsh Ministers may make and execute on behalf of the society an instrument providing for the amalgamation of the society with another industrial and provident society.

(4) An instrument providing for the amalgamation of a society (“S1”) with another has the same effect as a special resolution by S1 under section 50 of the Industrial and Provident Societies Act 1965 (amalgamation of societies by special resolution).

(5) A copy of an instrument must be sent to and registered by the Financial Services Authority.

(6) An instrument does not take effect until the copy is registered.

(7) The copy must be sent for registration during the period of 14 days beginning with the date of execution; but a copy registered after that period is valid.

(8) Any body created by virtue of an amalgamation must be registered as a social landlord by the Welsh Ministers, and pending registration is to be treated as registered.”

Gwybodaeth Cychwyn

I29 A. 78 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

79 Cyfyngiadau ar drafodion yn ystod ymchwiliad LL+C

Ym mharagraff 23 o Atodlen 1 i Ddeddf Tai 1996 (pwerau sy'n arferadwy dros dro), ar ôl is-baragraff (2) mewnosoder—

“(2A) Before making an order under sub-paragraph (2)(b) or (c) the Welsh Ministers must take all reasonable steps to give notice to the registered social landlord and, in the case of an order under sub-paragraph (2)(b), to the person to whom the order is directed.”

Gwybodaeth Cychwyn

I30 A. 79 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

80 Cyfyngiadau ar drafodion yn dilyn ymchwiliad neu archwiliad anghyffredin LL+C

(1) Diwygier paragraff 24 o Atodlen 1 i Ddeddf Tai 1996 (pwerau sy'n arferadwy o ganlyniad i adroddiad terfynol neu archwiliad) fel a ganlyn.

(2) Ar ôl is-baragraff (3) mewnosoder—

“(3A) Before making an order under sub-paragraph (2)(c) or (d) the Welsh Ministers must take all reasonable steps to give notice to the registered social landlord and, in the case of an order under sub-paragraph (2)(c), to the person to whom the order is directed.”

(3) Ar ôl is-baragraff (6) ychwaneger—

“(7) An order under sub-paragraph (2)(c) or (d) has effect until revoked by the Welsh Ministers.”

Gwybodaeth Cychwyn

I31 A. 80 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

81 Anghymhwyso person a gafodd ei symud o swydd LL+C

Ym mharagraff 25 o Atodlen 1 i Ddeddf Tai 1996 (anghymhwyso person rhag bod yn swyddog i landlord cymdeithasol cofrestredig), ar ôl is-baragraff (4) mewnosoder—

“(4A) The register must show details of any waivers.”

Gwybodaeth Cychwyn

I32 A. 81 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)

82 Gweithredu tra bônt wedi eu hanghymhwyso LL+C

(1) Diwygier paragraff 26 o Atodlen 1 i Ddeddf Tai 1996 (personau sy'n gweithredu fel swyddog tra bônt wedi eu hanghymhwyso) fel a ganlyn.

(2) Yn is-baragraff (1)(a) yn lle “six months” rhodder “12 months”.

(3) Ar ôl is-baragraff (1) mewnosoder—

“(1A) In relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (short sentences) the reference in sub-paragraph (1)(a) to 12 months has effect as if it were a reference to 6 months.”

(4) Ar ôl is-baragraff (4) ychwaneger—

“(5) If a person fails to comply with an order directing repayment, the registered social landlord or the Welsh Ministers (as the case may be) may recover the sum or specified amount as a debt.”

Gwybodaeth Cychwyn

I33 A. 82 ddim mewn grym ar Gymeradwyaeth Frenhinol, gweler a. 90(2)