Commentary on Sections
Part 2: Registered Social Landlords
Chapter 4 – Enforcement
Section 51 - Exercise of enforcement powers
116.This section inserts a new section 50B into the 1996 Act. This new section applies where the Welsh Ministers are deciding whether to exercise an enforcement power, which power to exercise, or how to exercise a power. It provides that in all these circumstances, the Welsh Ministers must consider:
(a)
the desirability of RSLs 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
117.Subsection (3) defines an ‘enforcement power’ as a power exercisable under any of the statutory provisions listed in that subsection.
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