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

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

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

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

The F13Welsh 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 F13Welsh 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 F14the National Assembly for Wales .

The F15Relevant Authority may register as a social landlord F16any 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 F17the Welsh Ministers may determine.

F21A 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 F17the 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 F17the Welsh Ministers to be the principal place of business of the body.

A body which is registered as a social landlord may request F17the Welsh Ministers to remove it from the register and F17the Welsh Ministers may do so, subject to the following provisions.

Before removing a body from the register of social landlords under subsection (4) F17the Welsh Ministers shall consult the local authorities in whose area the body operates; and F17the Welsh Ministers shall also inform those authorities of its decision.

The F25Relevant 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 F17the Welsh Ministers shall have regard to whether those criteria are met.

The F25Relevant 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 F25Relevant Authority shall have regard to whether those criteria are met.

Before establishing or varying any such criteria F17the Welsh Ministers shall consult such bodies representative of registered social landlords, and such bodies representative of local authorities, as it thinks fit.

The F25Relevant Authority shall publish the criteria for registration and the criteria for removal from the register in such manner as F17the 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, F17the 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.

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 M3Settled 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 (control by F32Relevant Authority of land transactions).

The consent of F17the Welsh Ministers. . ., is required for any disposal of land by a registered social landlord under section 8.

Before giving any consent other than a consent in relation to a particular landlord or particular land, F17the Welsh Ministers shall consult such bodies representative of registered social landlords as it thinks fit.

Any other disposal by a registered social landlord which requires consent under this section is valid in favour of a person claiming under the landlord notwithstanding that that consent has not been given; and a person dealing with a registered social landlord, or with a person claiming under such a landlord, shall not be concerned to see or inquire whether any such consent has been given.

Where at the time of its removal from the register of social landlords a body owns land, this section continues to apply to that land after the removal as if the body concerned continued to be a registered social landlord.

For the purposes of this section “disposal” means sale, lease, mortgage, charge or any other disposition.

This section has effect subject to section 10 (lettings and other disposals not requiring consent of F38Relevant Authority).

Consent under section 9 is not required in the case of a disposal to which section 81 or 133 of the Housing Act 1988 applies (certain disposals for which the consent of the Secretary of State is required).

Consent under section 9 is not required for a disposal under Part V of the Housing Act 1985 (the right to buy) or under the right conferred by section 16 below (the right to acquire).

Where on a disposal of a house by a registered social landlord, in accordance with a consent given by F17the Welsh Ministers under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, 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 F42 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 F42 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 landlord, in accordance with a consent given by F17the Welsh Ministers under section 9, a discount has been given to the purchaser, and the consent does not provide otherwise, 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, F51if 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.

In subsection (3)(a) the reference to the freehold interest in the dwelling includes a reference to such an interest in the dwelling as is held by the landlord under a lease granted in pursuance of paragraph 3 of Schedule 9 to the Leasehold Reform, Housing and Urban Development Act 1993 (mandatory leaseback to former freeholder on collective enfranchisement).

A dwelling shall be regarded for the purposes of this section as provided by means of a grant under section 18 (social housing grant) if, and only if, F17the Welsh Ministers when making the grant notified the recipient that the dwelling was to be so regarded.

The F64Relevant Authority shall before making the grant inform the applicant that it proposes to give such a notice and allow him an opportunity to withdraw his application within a specified time.

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

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

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

Section 16 applies in relation to a dwelling F67 in Wales (“a funded dwelling”) provided or acquired wholly or in part by means of a grant under section 27A (grants to bodies other than registered social landlords) with the following modifications.

In section 16(1) the reference to a registered social landlord includes a reference to any person to whom a grant has been paid under section 27A.

In section 16(2) and (4) any reference to section 18 includes a reference to section 27A.

In subsection (4) “relevant time” means a time when the dwelling would not be treated as being within the social rented sector by virtue of section 16(3).

The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part V of that Act as they apply in relation to the right to buy under that Part; and the first regulations, and any subsequent consolidating regulations, shall set out the provisions of Part V as they so apply.

An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either F75the National Assembly for Wales .

The F76Relevant 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, F17the Welsh Ministers may provide that the grant is conditional on compliance by the landlord with such conditions as F17the Welsh Ministers may specify.

The F76Relevant 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.

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

The F84Relevant Authority shall make grants to registered social landlords F85and F86private registered providers of social housing in respect of discounts given by them to persons exercising the right to acquire conferred by section 16.

The amount of the grant for any year shall be the aggregate value of the discounts given in that year.

In making a grant F17the Welsh Ministers may provide that the grant is conditional on compliance by the registered social landlord F88or F89private registered provider of social housing with such conditions as F17the Welsh Ministers may specify.

The F90Relevant Authority may make grants to registered social landlords F91and F92private registered providers of social housing in respect of discounts on disposals by them of dwellings F93in Wales to tenants otherwise than in pursuance of the right conferred by section 16.

The F90Relevant Authority shall make such a grant if the tenant was entitled to exercise the right conferred by section 16 F94or by section 180 of the Housing and Regeneration Act 2008 in relation to another dwelling of the F95landlord or provider (as the case may be) .

The amount of the grant in such a case shall not exceed the amount of the discount to which the tenant would have been entitled in respect of the other dwelling.

In making a grant under this section, F17the Welsh Ministers may provide that the grant is conditional on compliance by the registered social landlord F97or F98private registered provider of social housing with such conditions as F17the Welsh Ministers may specify.

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 M12Consumer 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 F99Welsh 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.

A registered social landlord shall show separately in its accounts for any period ending after the coming into force of this section its net disposal proceeds.

The net proceeds of sale means the proceeds of sale less an amount calculated in accordance with a determination by F17the Welsh Ministers.

The disposal proceeds shall be shown in a fund to be known as a disposal proceeds fund.

The method of constituting the fund and showing it in the landlord’s accounts shall be as required by determination of F17the Welsh Ministers under paragraph 16 of Schedule 1 (general requirements as to accounts).

Interest shall be added to the fund in accordance with a determination made by F17the Welsh Ministers.

Where this section applies in relation to the proceeds of sale arising on a disposal, section 27 below (recovery, &c. of social housing grants) and section 52 of the M13Housing Act 1988 (recovery, &c. of grants under that Act and earlier enactments) do not apply.

The sums standing in the disposal proceeds account of a registered social landlord (“disposal proceeds”) may only be applied or appropriated by it for such purposes and in such manner as F17the Welsh Ministers may determine.

If any disposal proceeds are not applied or appropriated as mentioned in subsection (1) within such time as is specified by determination of F17the Welsh Ministers, F17the Welsh Ministers may direct that the whole or part of them shall be paid to it.

A notice under subsection (1)(a) or (b) may be given by publication in such manner as F17the Welsh Ministers considers appropriate for bringing it to the attention of the landlords concerned.

Where a registered social landlord has received a grant under section 18 (social housing grant), the following powers are exercisable in such events as F17the Welsh Ministers may from time to time determine.

A direction by F17the Welsh Ministers under subsection (2)(b) may require the application, appropriation or payment of an amount with interest.

F17The Welsh Ministers may make grants under this section to persons other than registered social landlords.

The F107Welsh Ministers may by order make such provision in connection with the making of grants under this section as F108they F109consider appropriate.

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

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

In making a grant to a person under this section F17the Welsh Ministers may provide that the grant is conditional on compliance by the person with such conditions as F17the Welsh Ministers may specify.

The conditions that may be so specified include conditions requiring the payment to F17the Welsh Ministers in specified circumstances of a sum determined by F17the 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 F112the National Assembly for Wales .

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

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

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

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

The F118Welsh 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 M14Housing Associations Act 1985 for the financial year 1998-99 and subsequent years.

Where the F119Welsh 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 F120Welsh Ministers may consider appropriate.

If after a commuted payment has been made to a housing association it appears to the F121Welsh Ministers that the payment was smaller or greater than it should have been, the F121Welsh Ministers may make a further payment to the association or require the association to repay to F122them such sum as F123they may direct.

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

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 F17the 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 F17the 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 F17the Welsh Ministers, for the purpose of enabling F17the 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 F17the Welsh Ministers under section 32 is so disclosed subject to any express restriction on the further disclosure of the information, F17the 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 F17the Welsh Ministers under this section may be subject by F17the 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 F17the 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.

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 may revise or withdraw the guidance.

The Welsh Ministers must make arrangements for bringing the guidance to the attention of registered social landlords.

The F139Relevant 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 F140in England .

On or before such date in each year as may be specified in a direction given by F17the Welsh Ministers, each registered social landlord shall provide F17the Welsh Ministers, as respects each standard determined under F141section 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 F17the Welsh Ministers or the Director of Public Prosecutions.

The F139Relevant 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.

F17The Welsh Ministers may issue guidance with respect to the management of housing accommodation F145in England by registered social landlords.

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

Before issuing any guidance under this section F17the Welsh Ministers shall consult such bodies appearing to F17the Welsh Ministers to be representative of registered social landlords as F17the Welsh Ministers considers appropriate; and where F17the Welsh Ministers issues guidance under this section it shall be issued in such manner as F17the Welsh Ministers considers appropriate for bringing it to the notice of the landlords concerned.

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

Guidance issued under this section may be revised or withdrawn; and F151subsection (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.

In considering whether action needs to be taken to secure the proper management of the affairs of a registered social landlord or whether there has been F152 misconduct or mismanagement, F17the Welsh Ministers may have regard (among other matters) to the extent to which any guidance under this section is being or has been followed.

This section applies where it appears to F17the Welsh Ministers that a registered social landlord may be failing to maintain or repair any premises in accordance with F153standards set under section 33A or guidance issued under section 36.

A person authorised by F17the 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 F155who 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 F157(3A) or (3B) may be brought only by or with the consent of F17the 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 F158Relevant Authority shall give a copy of any survey carried out in exercise of the powers conferred by this section to the landlord concerned.

The F158Relevant Authority may require the landlord concerned to pay to it such amount as F17the 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 F17the Welsh Ministers or the Director of Public Prosecutions.

The F160Welsh 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 F161the National Assembly for Wales .

Notice must be given to F17the 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 an industrial and provident society, the steps and the person by whom notice must be given are—

Where the registered social landlord is F162a 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 F162a company ), the steps and the person by whom notice must be given are—

Notice need not be given under this section in relation to a resolution for voluntary winding up where the consent of F17the Welsh Ministers is required (see paragraphs 12(4) and 13(6) of Schedule 1).

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 F17the 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 an industrial and provident society, the steps and the person by whom notice must be given are—

Where the registered social landlord is F164a 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 F164a 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 F17the 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.

Consent is not required under this section for any such disposal as is mentioned in section 10(1), (2) or (3) (lettings and other disposals not requiring consent under section 9).

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 F17the 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), F17the Welsh Ministers may direct that the moratorium shall cease to have effect.

Before making any such direction F17the 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), F17the 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 F166Relevant 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 F17the 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) F17the 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 F17the Welsh Ministers to be, as nearly as practicable, akin to those of the landlord.

The following provisions apply if proposals made by F17the 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 F17the 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 F171Relevant 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, F17the Welsh Ministers may by order F174. . . appoint a manager to implement the proposals or such of them as are specified in the order.

If the landlord is a registered charity, F17the Welsh Ministers shall give notice to the F175Charity 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 F176Relevant 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 F17the Welsh Ministers in respect of the same matter.

If a vacancy occurs by death, resignation or otherwise in the office of manager, F17the Welsh Ministers may by further order F174. . . 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 an industrial and provident 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 section 51 or 52 of the M16Industrial and Provident Societies Act 1965 (transfer of engagements by special resolution to another society or a company).

In particular, its effect is subject to section 54 of that Act (saving for rights of creditors).

A copy of the instrument, signed by the manager, shall be sent to the F182F183Financial 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 there has been misconduct or mismanagement in the affairs of the registered social landlord.

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.

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

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.

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 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 F221 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 F224Welsh Ministers under F225section 2, 17, F226 27A, 39, F227 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 F224Welsh Ministers F228consider appropriate.

The following provisions apply to determinations of F229... the F230Welsh 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, F231... the F232Welsh Ministers shall consult such bodies appearing to them to be representative of registered social landlords as they consider appropriate.

After making a general determination, F233... the F232Welsh 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 F235Welsh Ministers may by order make such amendments or repeals of any enactment as appear to F236them 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 F237the National Assembly for Wales .

In this Part, in relation to an industrial and provident 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 an industrial and provident 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 an industrial and provident 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 F247the Companies Acts (see section 1159 of the Companies Act 2006) or the M23Friendly and Industrial and Provident Societies Act 1968 or, in the case of a body which is itself a registered social landlord, has the meaning given by section 60.