F4The Welsh Ministers shall maintain a register of social landlords which shall be open to inspection at all reasonable times F5. . ..

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The F15Welsh Ministers may by order specify permissible purposes, objects or powers additional to those specified in subsections (4) and (5).

The order may (without prejudice to the inclusion of other incidental or supplementary provisions) contain such provision as the F15Welsh Ministers thinks fit with respect to the priority of mortgages entered into in pursuance of any additional purposes, objects or powers.

An order under subsection (7) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of F16the National Assembly for Wales .

The F17Relevant Authority may register as a social landlord F18any Welsh body which is eligible for such registration.

An application for registration shall be made in such manner, and shall be accompanied by such fee (if any), as F19the Welsh Ministers may determine.

F24A Welsh body which at any time is, or was, registered as a social landlord shall, for all purposes other than rectification of the register, be conclusively presumed to be, or to have been, at that time a body eligible for registration as a social landlord.

A body which has been registered as a social landlord shall not be removed from the register except in accordance with this section.

In the case of a body which appears to F19the Welsh Ministers to have ceased to exist or not to operate, notice under subsection (2) shall be deemed to be given to the body if it is served at the address last known to F19the Welsh Ministers to be the principal place of business of the body.

A body which is registered as a social landlord may request F19the Welsh Ministers to remove it from the register and F19the Welsh Ministers may do so, subject to the following provisions.

Before removing a body from the register of social landlords under subsection (4) F19the Welsh Ministers shall consult the local authorities in whose area the body operates; and F19the Welsh Ministers shall also inform those authorities of its decision.

The F28Relevant Authority shall establish (and may from time to time vary) criteria which should be satisfied by a body seeking registration as a social landlord; and in deciding whether to register a body F19the Welsh Ministers shall have regard to whether those criteria are met.

The F28Relevant Authority shall establish (and may from time to time vary) criteria which should be satisfied where such a body seeks to be removed from the register of social landlords; and in deciding whether to remove a body from the register the F28Relevant Authority shall have regard to whether those criteria are met.

Before establishing or varying any such criteria F19the Welsh Ministers shall consult such bodies representative of registered social landlords, and such bodies representative of local authorities, as it thinks fit.

The F28Relevant Authority shall publish the criteria for registration and the criteria for removal from the register in such manner as F19the Welsh Ministers considers appropriate for bringing the criteria to the notice of bodies representative of registered social landlords and bodies representative of local authorities.

If an appeal is brought against a decision relating to the removal of a body from the register, F19the Welsh Ministers shall not remove the body from the register until the appeal has been finally determined or is withdrawn.

A registered social landlord may give the Welsh Ministers an undertaking in respect of any matter concerning housing.

The Welsh Ministers may prescribe a procedure to be followed in giving an undertaking.

The Welsh Ministers must have regard to any undertaking offered or given in exercising a regulatory or enforcement power.

The Welsh Ministers may base a decision about whether to exercise a regulatory or enforcement power wholly or partly on the extent to which an undertaking has been honoured.

In this section, “regulatory or enforcement power” means a power exercisable under any of the following provisions—

• section 35,

• section 37,

• section 38,

• Chapter 4A of this Part,

• paragraphs 4 and 6 to 15H of Part 2 of Schedule 1,

• Part 3A of Schedule 1,

• Part 4 of Schedule 1.

This section does not apply in relation to a registered social landlord's provision of housing in England.

References in this Chapter to board members, in relation to a registered social landlord, are to members of the registered social landlord's board.

References in this Chapter to local authority appointees, in relation to the board of a registered social landlord, are to persons appointed to the board, or nominated for appointment to the board, by a local authority.

No appointment within subsection (2) may be made to the board of a registered social landlord on or after the day on which this section comes into force.

An appointment is within this subsection if its effect, but for this section, would be that more than 24 per cent of the board members of the registered social landlord would be local authority appointees.

To the extent that any provision in the constitution or rules of a registered social landlord would, but for this subsection, conflict with subsection (1) or (2), that provision is to be treated as having no effect.

This section applies in respect of a registered social landlord if, on the commencement date, more than 24 per cent of the board members of the registered social landlord are local authority appointees.

The registered social landlord must remove local authority appointees from the board to the extent it is necessary to do so to comply with the 24 per cent limit.

The registered social landlord must comply with the duty in subsection (2) before the expiry of the 4 month period but, subject to subsection (5), the landlord may not remove an appointee until after the 2 month period expires.

A local authority may, before the expiry of the 2 month period, give notice to the registered social landlord specifying local authority appointees appointed or nominated by that authority who are to be removed from the board in order to comply with the 24 per cent limit.

Where notice has been given in accordance with subsection (4) the registered social landlord, in complying with subsection (2), must remove the specified local authority appointees from the board (and may do so before the expiry of the 2 month period).

Where notice has not been given in accordance with subsection (4) the registered social landlord, in complying with subsection (2), must select the local authority appointees who are to be removed from the board.

The selection under section 7C(6) of a local authority appointee for removal from the board of a registered social landlord is to be effected by a majority vote of the votes cast by board members who are not local authority appointees.

To the extent that any provision in the constitution or rules of the landlord would, but for this subsection, conflict with subsection (1), that provision is to be treated as having no effect for the purposes of section 7C.

To the extent that any provision of the constitution or rules of a registered social landlord is within subsection (2), it is to be treated as having no effect.

Provision is within this subsection if, but for this section, it would require the presence of one or more local authority appointees in order for a meeting of the board of the registered social landlord to be quorate.

To the extent that any provision in the constitution or rules of a registered social landlord is within subsection (2), subsection (3) applies in respect of that provision.

Provision is within this section if, but for this section, it would permit a resolution of the board of the registered social landlord to be passed only if more than 75 per cent of the votes cast by the board are in favour of the resolution.

The provision is to be treated as requiring only 75 per cent of the votes cast by the board to be in favour of the resolution.

To the extent that any provision of the constitution or rules of a registered social landlord is within subsection (2), it is to be treated as having no effect.

This section applies if a local authority is a member of a registered social landlord.

To the extent that any provision in the constitution or rules of the registered social landlord would confer on the local authority the right, as a member of the registered social landlord, to vote on resolutions of the registered social landlord, that provision is to be treated as having no effect.

The Welsh Ministers may by order provide that provisions of this Chapter specified in the order are not to apply to registered social landlords that are wholly controlled local authority subsidiaries.

For the purposes of subsection (3)(b), a company or registered society is a subsidiary of a local authority if one or more of the conditions in subsection (4) (in the case of a company) or subsection (5) (in the case of a registered society) is met.

The Welsh Ministers may by order make provision for a registered social landlord of a description specified in the order to be treated as being a wholly controlled local authority subsidiary for the purposes of this section and any order made under it.

An order under this section is to be made by statutory instrument subject to annulment in pursuance of a resolution of the National Assembly for Wales.

A registered social landlord has power by virtue of this section and not otherwise to dispose, in such manner as it thinks fit, of land held by it.

Section 39 of the M2Settled Land Act 1925 (disposal of land by trustees) does not apply to the disposal of land by a registered social landlord; and accordingly the disposal need not be for the best consideration in money that can reasonably be obtained.

Nothing in this subsection shall be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.

This section has effect subject to section 9 F36(notification to Welsh Ministers of disposal of land).

If a registered social landlord disposes of land under section 8, the landlord must notify the Welsh Ministers.

For the purposes of this section disposing of land means selling it, leasing it, mortgaging it, making it subject to a charge, or disposing of it in any other way.

The Welsh Ministers may give directions to registered social landlords dispensing with a requirement to give notification under this section.

A direction under this section may be given generally in respect of all registered social landlords, or in respect of a particular registered social landlord or a particular type of registered social landlord, and may make provision about notifications generally, or about particular notifications or types of notification.

A direction may vary or revoke a previous direction under this section.

A registered social landlord must comply with a direction under this section.

Where on a disposal of a house by a registered social landlordF42... a discount has been given to the purchaser, F43... the conveyance, grant or assignment shall contain a covenant binding on the purchaser and his successors in title to the following effect.

The covenant shall be to pay to the landlord such sum (if any) as the landlord may demand in accordance with subsection (3) on the occasion of the first relevant disposal which is not an exempted disposal and which takes place within the period of five years beginning with the conveyance, grant or assignment.

The landlord may demand such sum as he considers appropriate, up to and including the maximum amount specified in this section.

The maximum amount which may be demanded by the landlord is a percentage of the price or premium paid for the first relevant disposal which is equal to the percentage discount given to the purchaser in respect of the disposal of the house by the landlord.

But for each complete year which has elapsed after the conveyance, grant or assignment and before the first relevant disposal the maximum amount which may be demanded by the landlord is reduced by one-fifth.

Subsections (3) to (5) are subject to section 11A.

The amount to be disregarded under this section shall be such amount as may be agreed between the parties or determined by the district valuer.

If the district valuer does not make a determination for the purposes of this section (and in default of an agreement), no amount is required to be disregarded under this section.

An advance which is made for a purpose other than that mentioned in subsection (1)(b) and which is secured by a legal charge having priority to the charge taking effect by virtue of F44 section 11B , and any further advance which is so secured, shall rank in priority to that charge if, and only if, the registered social landlord by notice served on the institution concerned gives consent.

The landlord shall give consent if the purpose of the advance or further advance is an approved purpose.

The covenant required by F44 section 11B does not, by virtue of its binding successors in title of the purchaser, bind a person exercising rights under a charge having priority over the charge taking effect by virtue of that section, or a person deriving title under him.

A provision of the conveyance, grant or assignment, or of a collateral agreement, is void in so far as it purports to authorise a forfeiture, or to impose a penalty or disability, in the event of any such person failing to comply with that covenant.

Where different parts of an advance or further advance are made for different purposes, each of those parts shall be regarded as a separate advance or further advance for the purposes of this section.

Where on a disposal of a house by a registered social landlordF47... a discount has been given to the purchaser, F48... the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

In subsection (2) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

In subsection (6) any reference to the purchaser is a reference to the purchaser or his successor in title.

Nothing in that subsection affects the generality of subsection (4).

The limitation imposed by a covenant within subsection (2) is a local land charge.

The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

The consideration for a disposal made in respect of a right of first refusal as mentioned in section 12A(4) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that section).

That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by section 11 (repayment of discount on early disposal) would be discharged by the vendor.

If the offer is accepted in accordance with regulations under section 12A, no payment shall be required in pursuance of any such covenant as is mentioned in subsection (2), but the consideration shall be reduced, subject to subsection (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in subsection (2), the consideration shall not be reduced under subsection (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under section 12A).

The limitation is that until such time (if any) as may be notified in writing by the registered social landlord to the purchaser or a successor in title of his, there will be no relevant disposal which is not an exempted disposal without the written consent of the landlord.

A disposal in breach of such a covenant as is mentioned above is void.

The limitation imposed by such a covenant is a local land charge and, F56if the first disposal involves registration under the Land Registration Act 2002, the Chief Land Registrar shall enter in the register of title a restriction reflecting the limitation.

In this section “purchaser” means the person acquiring the interest disposed of by the first disposal.

Where there is a relevant disposal which is an exempted disposal by virtue of section 15(4)(d) or (e) (compulsory disposal or disposal of yard, garden, &c.), any such covenant as is mentioned in this section ceases to apply in relation to the property disposed of.

For the purposes of sections 9 to 13 the grant of an option enabling a person to call for a relevant disposal which is not an exempted disposal shall be treated as such a disposal made to him.

For the purposes of section 13(2) (requirement of consent to disposal of house in National Park, &c.) consent to such a grant shall be treated as consent to a disposal made in pursuance of the option.

In sections 11 to 14 the expression “relevant disposal which is not an exempted disposal” shall be construed as follows.

For the purposes of subsection (4)(d) a compulsory disposal is a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.

If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 11 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

The F68Relevant Authority may make grants to registered social landlords in respect of expenditure incurred or to be incurred by them in connection with their housing activities.

In making a grant under this section, F19the Welsh Ministers may provide that the grant is conditional on compliance by the landlord with such conditions as F19the Welsh Ministers may specify.

The F68Relevant Authority may, with the agreement of a local housing authority, appoint the authority to act as its agent in connection with the assessment and payment of grant under this section.

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A local authority may for the assistance of any registered social landlord subscribe for share or loan capital of the landlord.

A local housing authority may sell or supply under a hire-purchase agreement furniture to the occupants of houses provided by a registered social landlord, and may buy furniture for that purpose.

In this subsection “hire-purchase agreement” means a hire-purchase agreement or conditional sale agreement within the meaning of the M9Consumer Credit Act 1974.

Loans may be made by instalments as the building of dwellings or other work on the land mortgaged under subsection (2) progresses (so, however, that the total amount lent does not at any time exceed the amount specified in that subsection); and a mortgage may accordingly be made to secure such loans to be so made.

If the loan exceeds two-thirds of the value referred to in subsection (2), and is not guaranteed as to principal and interest by a local authority, the Public Works Loans Commissioners shall require, in addition to such a mortgage as is mentioned in that subsection, such further security as they think fit.

Subject to subsection (6), the period for repayment of a loan under this section shall not exceed 40 years, and no money shall be lent on mortgage of any land unless the estate proposed to be mortgaged is either an estate in fee simple absolute in possession or an estate for a term of years absolute of which not less than 50 years are unexpired at the date of the loan.

Where a loan under this section is made for the purpose of carrying out a scheme for the provision of houses approved by the F78Welsh Ministers , the maximum period for the repayment of the loan is 50 instead of 40 years, and money may be lent on the mortgage of an estate for a term of years absolute of which a period of not less than ten years in excess of the period fixed for the repayment of the sums advanced remains unexpired at the date of the loan.

Where a registered social landlord has received a grant under section 18 (social housing grant), the following powers are exercisable in such events as F19the Welsh Ministers may from time to time determine.

A direction by F19the Welsh Ministers under subsection (2)(b) may require the application, appropriation or payment of an amount with interest.

F19The Welsh Ministers may make grants under this section to persons other than registered social landlords.

The F84Welsh Ministers may by order make such provision in connection with the making of grants under this section as F85they F86consider appropriate.

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In making a grant to a person under this section F19the Welsh Ministers may provide that the grant is conditional on compliance by the person with such conditions as F19the Welsh Ministers may specify.

The conditions that may be so specified include conditions requiring the payment to F19the Welsh Ministers in specified circumstances of a sum determined by F19the Welsh Ministers (with or without interest).

An order under subsection (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of F89the National Assembly for Wales .

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In section 55(1) of that Act (surplus rental income: cases in which section applies), omit paragraph (a).

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The F95Welsh Ministers may, after consultation with a housing association, determine to commute any payments of special residual subsidy payable to the association under paragraph 2 of Part I of Schedule 5 to the M10Housing Associations Act 1985 for the financial year 1998-99 and subsequent years.

Where the F96Welsh Ministers make such a determination the payments of special residual subsidy payable to a housing association shall be commuted into a single sum calculated in such manner, and payable on such date, as the F97Welsh Ministers may consider appropriate.

If after a commuted payment has been made to a housing association it appears to the F98Welsh Ministers that the payment was smaller or greater than it should have been, the F98Welsh Ministers may make a further payment to the association or require the association to repay to F99them such sum as F100they may direct.

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References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

Where by virtue of this section documents are produced to any person, he may take copies of or make extracts from them.

A person who without reasonable excuse fails to do anything required of him by a notice under section 30 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings for an offence under subsection (1) or (2) may be brought only by or with the consent of F19the Welsh Ministers or the Director of Public Prosecutions.

If a person makes default in complying with a notice under section 30, the High Court may, on the application of F19the Welsh Ministers, make such order as the court thinks fit for requiring the default to be made good.

Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a body who are responsible for its default.

A body or person to whom this section applies may, subject to the following provisions, disclose to F19the Welsh Ministers, for the purpose of enabling F19the Welsh Ministers to discharge any of its functions relating to registered social landlords, any information received by that body or person under or for the purposes of any enactment.

This section has effect subject to any express restriction on disclosure imposed by or under any other enactment.

Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.

Where any information disclosed to F19the Welsh Ministers under section 32 is so disclosed subject to any express restriction on the further disclosure of the information, F19the Welsh Ministers power of disclosure under this section is exercisable subject to that restriction.

A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Any information disclosed by F19the Welsh Ministers under this section may be subject by F19the Welsh Ministers to any express restriction on the further disclosure of the information.

A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Proceedings for such an offence may be brought only by or with the consent of F19the Welsh Ministers or the Director of Public Prosecutions.

Nothing in this section shall be construed as affecting any power of disclosure exercisable apart from this section.

In setting standards the Welsh Ministers must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.

Standards set under subsection (1) may require registered social landlords to comply with rules specified in the standards.

The Welsh Ministers must publish any standards or notice under this section.

This section does not apply in relation to a registered social landlord's provision of housing in England.

In considering whether standards have been met the Welsh Ministers may have regard to the guidance.

The Welsh Ministers must publish any guidance or notice under this section.

The F120Relevant Authority shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with the provision of housing F121in England .

On or before such date in each year as may be specified in a direction given by F19the Welsh Ministers, each registered social landlord shall provide F19the Welsh Ministers, as respects each standard determined under F122section 33A or 34, with such information as to the level of performance achieved by him as may be so specified.

A registered social landlord who without reasonable excuse fails to do anything required of him by a direction under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings for such an offence may be brought only by or with the consent of F19the Welsh Ministers or the Director of Public Prosecutions.

The F120Relevant Authority shall at least once in every year arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or provided to it under this section as appears to it expedient to give to tenants or potential tenants of registered social landlords.

The Welsh Ministers may publish guidance about complaints to the Welsh Ministers about the performance of registered social landlords.

The Welsh Ministers may revise or withdraw the guidance.

This section does not apply in relation to complaints about a registered social landlord's provision of housing in England.

F19The Welsh Ministers may issue guidance with respect to the management of housing accommodation F126in England by registered social landlords.

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Before issuing any guidance under this section F19the Welsh Ministers shall consult such bodies appearing to F19the Welsh Ministers to be representative of registered social landlords as F19the Welsh Ministers considers appropriate; and where F19the Welsh Ministers issues guidance under this section it shall be issued in such manner as F19the Welsh Ministers considers appropriate for bringing it to the notice of the landlords concerned.

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Guidance issued under this section may be revised or withdrawn; and F132subsection (3) applies in relation to the revision of guidance as in relation to its issue.

Guidance under this section may make different provision in relation to different cases and, in particular, in relation to different areas, different descriptions of housing accommodation and different descriptions of registered social landlord.

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This section applies where it appears to F19the Welsh Ministers that a registered social landlord may be failing to maintain or repair any premises in accordance with F134standards set under section 33A or guidance issued under section 36.

A person authorised by F19the 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.

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.

A landlord F136who 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.

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.

Proceedings for an offence under subsection F138(3A) or (3B) may be brought only by or with the consent of F19the Welsh Ministers or the Director of Public Prosecutions.

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.

The F139Relevant Authority shall give a copy of any survey carried out in exercise of the powers conferred by this section to the landlord concerned.

The F139Relevant Authority may require the landlord concerned to pay to it such amount as F19the Welsh Ministers may determine towards the costs of carrying out any survey under this section.

It is an offence for a registered social landlord or any of its officers or employees to obstruct a person authorised under section 37 (powers of entry) to enter premises in the performance of anything which he is authorised by that section to do.

A person who commits such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Proceedings for such an offence may be brought only by or with the consent of F19the Welsh Ministers or the Director of Public Prosecutions.

The F141Welsh Ministers may make provision by order defining for the purposes of those sections what is meant by a step to enforce security over land.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of F142the National Assembly for Wales .

Notice must be given to F19the Welsh Ministers before any of the steps mentioned below is taken in relation to a registered social landlord.

The person by whom the notice must be given is indicated in the second column.

Where the registered social landlord is F21a registered society, the steps and the person by whom notice must be given are—

Where the registered social landlord is F143a company (including a registered charity), the steps and the person by whom notice must be given are—

Where the registered social landlord is a registered charity (other than F143a company ), the steps and the person by whom notice must be given are—

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Any step purportedly taken without the requisite notice being given under this section is ineffective.

Subsections (8) and (9) apply in relation to the reference in subsection (3) to applying for an administration order.

Notice must be given to F19the Welsh Ministers as soon as may be after any of the steps mentioned below is taken in relation to a registered social landlord.

The person by whom the notice must be given is indicated in the second column.

Where the registered social landlord is F21a registered society, the steps and the person by whom notice must be given are—

Where the registered social landlord is F146a company (including a registered charity), the steps and the person by whom notice must be given are—

Where the registered social landlord is a registered charity (other than F146a company ), the steps and the person by whom notice must be given are—

Failure to give notice under this section does not affect the validity of any step taken; but the period of 28 days mentioned in section 43(1) (period after which moratorium on disposal of land, &c. ends) does not begin to run until any requisite notice has been given under this section.

Where any of the steps mentioned in section 41 is taken in relation to a registered social landlord, there is a moratorium on the disposal of land held by the landlord.

During the moratorium the consent of F19the Welsh Ministers under this section is required (except as mentioned below) for any disposal of land held by the landlord, whether by the landlord itself or any person having a power of disposal in relation to the land.

Consent under this section may be given in advance and may be given subject to conditions.

A disposal made without the consent required by this section is void.

Nothing in this section prevents a liquidator from disclaiming any land held by the landlord as onerous property.

The provisions of this section apply in relation to any existing or future interest of the landlord in rent or other receipts arising from land as they apply to an interest in land.

The taking of any further step as mentioned in section 41 at a time when a moratorium is already in force does not start a further moratorium or affect the duration of the existing one.

If during a moratorium F19the Welsh Ministers considers that the proper management of the landlord’s land can be secured without making proposals under section 44 (proposals as to ownership and management of landlord’s land), F19the Welsh Ministers may direct that the moratorium shall cease to have effect.

Before making any such direction F19the Welsh Ministers shall consult the person who took the step which brought about the moratorium.

When a moratorium comes to an end, or ceases to have effect under subsection (4), F19the Welsh Ministers shall give notice of that fact to the landlord and the landlord’s secured creditors.

When a moratorium comes to an end (but not when it ceases to have effect under subsection (4)), the following provisions of this section apply.

The F149Relevant Authority’s notice shall, in such a case, inform the landlord and the landlord’s secured creditors of the effect of those provisions.

If any further step as mentioned in section 41 is taken within the period of three years after the end of the original period of the moratorium, the moratorium may be renewed with the consent of all the landlord’s secured creditors (which may be given before or after the step is taken).

Notice of any such renewal shall be given by F19the Welsh Ministers to the persons to whom notice of an extension is required to be given under subsection (3).

If a moratorium ends without any proposals being agreed, then, for a period of three years the taking of any further step as mentioned in section 41 does not start a further moratorium except with the consent of the landlord’s secured creditors as mentioned in subsection (7) above.

During a moratorium the Welsh Ministers may appoint an interim manager of the registered social landlord.

An appointment may relate to the registered social landlord's affairs generally or to affairs specified in the appointment.

But an appointment may not relate to affairs relating only to the provision of housing in England.

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

The Welsh Ministers may give the interim manager general or specific directions.

The Welsh Ministers may revoke or amend any directions given.

If a person ceases to be an interim manager before the appointment has come to an end, the Welsh Ministers may appoint a new interim manager in place of that person.

During the moratorium (see sections 42 and 43) F19the Welsh Ministers may make proposals as to the future ownership and management of the land held by the registered social landlord, designed to secure the continued proper management of the landlord’s land by a registered social landlord.

So far as practicable no proposals shall be made which have the effect that unsecured creditors of the landlord are in a worse position than they would otherwise be.

Where the landlord is a charity the proposals shall not require the landlord to act outside the terms of its trusts, and any disposal of housing accommodation occupied under a tenancy or licence from the landlord must be to another charity whose objects appear to F19the Welsh Ministers to be, as nearly as practicable, akin to those of the landlord.

The following provisions apply if proposals made by F19the Welsh Ministers under section 44 are agreed, with or without modifications, by all the secured creditors of the registered social landlord.

Once agreed the proposals are binding on F19the Welsh Ministers, the landlord, all the landlord’s creditors (whether secured or unsecured) and any liquidator, administrator, administrative receiver or receiver appointed in respect of the landlord or its land.

The proposals may subsequently be amended with the consent of the F162Relevant Authority and all the landlord’s secured creditors.

Section 44(2) to (7) and subsections (2) to (4) above apply in relation to the amended proposals as in relation to the original proposals.

Where proposals agreed as mentioned in section 45 so provide, F19the Welsh Ministers may by order F165. . . appoint a manager to implement the proposals or such of them as are specified in the order.

If the landlord is a registered charity, F19the Welsh Ministers shall give notice to the F166Charity Commission of the appointment.

Where proposals make provision for the appointment of a manager, they shall also provide for the payment of his reasonable remuneration and expenses.

The F167Relevant Authority may give the manager directions in relation to the carrying out of his functions.

The Welsh Ministers may amend or revoke any directions given by them.

The manager may apply to the High Court for directions in relation to any particular matter arising in connection with the carrying out of his functions.

A direction of the court supersedes any direction of F19the Welsh Ministers in respect of the same matter.

If a vacancy occurs by death, resignation or otherwise in the office of manager, F19the Welsh Ministers may by further order F165. . . fill the vacancy.

An order under section 46(1) shall confer on the manager power generally to do all such things as are necessary for carrying out his functions.

The order may include the following specific powers—

Power to take possession of the land held by the landlord and for that purpose to take any legal proceedings which seem to him expedient.

Power to sell or otherwise dispose of the land by public auction or private contract.

Power to raise or borrow money and for that purpose to grant security over the land.

Power to appoint a solicitor or accountant or other professionally qualified person to assist him in the performance of his functions.

Power to bring or defend legal proceedings relating to the land in the name and on behalf of the landlord.

Power to refer to arbitration any question affecting the land.

Power to effect and maintain insurance in respect of the land.

Power where the landlord is a body corporate to use the seal of the body corporate for purposes relating to the land.

Power to do all acts and to execute in the name and on behalf of the landlord any deed, receipt or other document relating to the land.

Power to appoint an agent to do anything which he is unable to do for himself or which can more conveniently be done by an agent, and power to employ and dismiss any employees.

Power to do all such things (including the carrying out of works) as may be necessary in connection with the management or transfer of the land.

Power to make any payment which is necessary or incidental to the performance of his functions.

Power to carry on the business of the landlord so far as relating to the management or transfer of the land.

Power to grant or accept a surrender of a lease or tenancy of any of the land, and to take a lease or tenancy of any property required or convenient for the landlord’s housing activities.

Power to make any arrangement or compromise on behalf of the landlord in relation to the management or transfer of the land.

An order under section 46(1) may, where the landlord is F21a registered society, give the manager power to make and execute on behalf of the society an instrument transferring the engagements of the society.

Any such instrument has the same effect as a transfer of engagements under F173section 110 or 112 of the Co-operative and Community Benefit Societies Act 2014 (transfer of engagements by special resolution to another society or a company).

F174In particular, it does not prejudice any right of a creditor of the society.

A copy of the instrument, signed by the manager, shall be sent to the F175F176Financial Conduct Authority and registered by it; and until that copy is so registered the instrument shall not take effect.

It is the duty of the manager to send a copy for registration within 14 days from the day on which the instrument is executed; but this does not invalidate registration after that time.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The landlord or any creditor of the landlord may apply to the High Court on the ground that an action of the manager appointed under section 46 is not in accordance with the agreed proposals.

On such an application the court may confirm, reverse or modify any act or decision of the manager, give him directions or make such other order as it thinks fit.

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.

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

Case 2 is where the registered social landlord has failed to comply with a requirement imposed by or under an enactment.

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

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).

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

Case 6 is where the registered social landlord's assets require protection.

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

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

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.

But Case 2 is not to be treated as applying if any of the other cases listed in this section applies.

The action specified in an enforcement notice may include publishing the notice in a specified manner.

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.

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

Case 2 is where the registered social landlord has failed to comply with a requirement imposed by or under an enactment.

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

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

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

But Case 2 is not to be treated as applying if any of the other cases listed in this section applies.

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

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

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

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

The amount of a penalty imposed on the ground specified in Case 5 of section 50H may not exceed the maximum amount F194(if any) of fine that a magistrates' court could impose for the relevant offence.

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

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

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.

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).

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

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

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).

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)).

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.

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

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

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

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

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

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

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

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).

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

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

Interest and additional compensation are to be treated as compensation.

The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State.

In subsection (3) “provides social housing” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008.

The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2.

Before making any such order the Secretary of State shall consult such persons as he considers appropriate.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This section shall not apply in relation to social landlords in Wales (within the meaning given by F219 section 41 of the Public Services Ombudsman (Wales) Act 2005 ).

Section 52 shall apply to an order under subsection (4) (with any necessary modifications).

The following provisions apply to any power of the F222Welsh Ministers under F223section 2, F2247J, 17, F225 27A, 39, F226 50J, 51 or 55 or Schedule 2 to make an order.

An order may make different provision for different cases or descriptions of case.

This includes power to make different provision for different bodies or descriptions of body, different provision for different housing activities and different provision for different areas.

An order may contain such supplementary, incidental, consequential or transitional provisions and savings as the F222Welsh Ministers F227consider appropriate.

The following provisions apply to determinations of F228... the F229Welsh Ministers this Part.

In this Part a general determination means a determination which does not relate solely to a particular case.

Before making a general determination, F230... the F231Welsh Ministers shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate.

After making a general determination, F232... the F231Welsh Ministers shall publish the determination in such manner as they consider appropriate for bringing the determination to the notice of the landlords concerned.

The enactments mentioned in Schedule 3 have effect with the minor amendments specified there.

The F234Welsh Ministers may by order make such amendments or repeals of any enactment as appear to F235them necessary or expedient in consequence of the provisions of this Part.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of F236the National Assembly for Wales .

In this Part, in relation to F21a registered society—

• F239. . .

• “committee” means the committee of management or other directing body of the society; and

• “co-opted member”, in relation to the committee, includes any person co-opted to serve on the committee, whether he is a member of the society or not.

Any reference in this Part to a member of the committee of F21a registered society includes a co-opted member.

References in this Part to F242a company do not include a company which is a registered charity, except where otherwise provided.

Any such reference includes, in the case of F21a registered society, a co-opted member of the committee of the society.

For the purposes of subsection (1)(a), the composition of a company’s board of directors shall be deemed to be controlled by a registered social landlord if, but only if, the landlord, by the exercise of some power exercisable by him without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships.

In the case of a registered social landlord which is a body of trustees, references in this section to the landlord are to the trustees acting as such.

In this section “subsidiary” has the same meaning as in F249the Companies Acts (see section 1159 of the Companies Act 2006) or F250Part 7 of the Co-operative and Community Benefit Societies Act 2014 or, in the case of a body which is itself a registered social landlord, has the meaning given by section 60.

The landlord may not exercise a right of re-entry or forfeiture by virtue of subsection (1)(a) until after the end of the period of 14 days beginning with the day after that on which the final determination is made.

References in this section to the exercise of a right of re-entry or forfeiture include the service of a notice under section 146(1) of the Law of Property Act 1925 (restriction on re-entry or forfeiture).