The Housing Act 1985 (Amendment of Schedule 2A) (Serious Offences) (Wales) Order 2016

Welsh Statutory Instruments

2016 No. 173 (W. 74)

Housing, Wales

The Housing Act 1985 (Amendment of Schedule 2A) (Serious Offences) (Wales) Order 2016

Made

9 February 2016

Coming into force

16 February 2016

The Welsh Ministers make the following Order in exercise of powers conferred upon them by section 84A(11)(a) of the Housing Act 1985(1).

In accordance with section 84A(13)(b) of that Act, a draft of this Order has been laid before and approved by a resolution of the National Assembly for Wales.

Title, commencement and application

1.—(1) The title of this Order is the Housing Act 1985 (Amendment of Schedule 2A) (Serious Offences) (Wales) Order 2016 and it comes into force on 16 February 2016.

(2) This Order applies in relation to Wales.

Amendment to the Housing Act 1985

2.—(1) The Housing Act 1985 is amended as follows.

(2) In Schedule 2A(2) (absolute ground for possession for anti-social behaviour: serious offences) after paragraph 29 insert—

“Modern slavery

29A   An offence under either of the following sections of the Modern Slavery Act 2015(3)—

(a) section 1 (slavery, servitude and forced or compulsory labour),

(b) section 2 (human trafficking).”

Lesley Griffiths

Minister for Communities and Tackling Poverty, one of the Welsh Ministers

9 February 2016

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order amends Schedule 2A to the Housing Act 1985. Schedule 2A lists the serious offences relating to the absolute grounds for possession for anti-social behaviour provided for by section 84A of the Housing Act 1985 (secure tenancies), and ground 7A of Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies). Sections 1 and 2 of the Modern Slavery Act 2015 introduce offences relating to slavery, servitude and forced or compulsory labour, and human trafficking respectively. This Order adds these offences to Schedule 2A to the Housing Act 1985.

The Welsh Ministers’ Code of Practice in the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this instrument.

(1)

1985 c. 68. Section 84A was inserted by section 94(1) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

(2)

Schedule 2A was inserted by section 94(2) of, and Schedule 3 to, the Anti-social Behaviour, Crime and Policing Act 2014.

(3)

2015 c. 30.