Housing Act 1996

[F150HGrounds for impositionE+W

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

(a)any of the following cases applies, and

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

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

[F2(3)Case 2 is where the registered social landlord has failed to comply with a requirement imposed by or under an enactment.]

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

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

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

[F3(6A)But Case 2 is not to be treated as applying if any of the other cases listed in this section applies.]

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

(a)Case 5 applies,

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

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

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

Textual Amendments

F1S. 50H and cross-heading inserted (18.10.2011 for specified purposes, 2.12.2011 in so far as not already in force) by Housing (Wales) Measure 2011 (nawm 5), ss. 57, 90(2); S.I. 2011/2475, arts. 1(2), 2(k), 3(f)