C1C2Part IF1Social Rented Sector F2regulated by the Welsh Ministers
Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)
Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3
Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)
F3CHAPTER 4AENFORCEMENT POWERS
Pt. I Ch. 4A and s. 50A and cross-heading inserted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 50, 90(2); S.I. 2011/2475, arts. 1(2), 2(h)
F5Penalty
S. 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)
50KF4Warning
1
Before giving a penalty notice to a registered social landlord the Welsh Ministers must give the landlord a notice (a “pre-penalty warning”)—
a
specifying grounds on which the Welsh Ministers think a penalty could be imposed,
b
warning the landlord that the Welsh Ministers are considering imposing a penalty,
c
including any indication that the Welsh Ministers are able to give of the likely amount of any penalty, and
d
explaining the effect of sections 50L, 50M(1), (3) and (5) and 50N.
2
The Welsh Ministers must send a copy of a pre-penalty warning to any person they think appropriate (having regard, in particular, to any person who provided information as a result of which the pre-penalty warning is given).
3
A pre-penalty warning must—
a
refer to section 6A, and
b
indicate whether or to what extent the Welsh Ministers would accept a voluntary undertaking instead of, or in mitigation of, a penalty.
4
A pre-penalty warning may be combined with notice under one or more of the following—
a
section 50S,
b
paragraphs 15C, 15E and 15G of Schedule 1.
Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)