RHAN 2LANDLORDIAID CYMDEITHASOL COFRESTREDIG
PENNOD 4GORFODI
Cosb
I1I857Seiliau ar gyfer rhoi cosb
Ar ôl adran 50G o Ddeddf Tai 1996 mewnosoder—
Penalty
50HGrounds 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.
I2I958Rhoi cosb
Ar ôl adran 50H o Ddeddf Tai 1996 mewnosoder—
50IImposition
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.
I3I1059Swm y gosb
Ar ôl adran 50I o Ddeddf Tai 1996 mewnosoder—
50JAmount
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.
I4I1160Rhybuddio
Ar ôl adran 50J o Ddeddf Tai 1996 mewnosoder—
50KWarning
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.
I5I1261Sylwadau
Ar ôl adran 50K o Ddeddf Tai 1996 mewnosoder—
50LRepresentations
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.
I6I1362Gorfodi
Ar ôl adran 50L o Ddeddf Tai 1996 mewnosoder—
50MEnforcement
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.
I7I1463Apelio
Ar ôl adran 50M o Ddeddf Tai 1996 mewnosoder—
50NAppeal
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.