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Registered social landlords |
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184 | Amendments relating to registered social landlords |
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Schedule 8 (which makes amendments relating to registered social landlords) |
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185 | Disclosure of information to registered social landlords for the purposes of |
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the Crime and Disorder Act 1998 |
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In section 115(2) of the Crime and Disorder Act 1998 (c. 37) after paragraph (d) |
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“(da) | a person registered under section 1 of the Housing Act 1996 as |
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Grants for social housing |
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186 | Additional power to give grants for social housing |
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After section 27 of the Housing Act 1996 (c. 52) insert— |
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“Grants to bodies other than registered social landlords |
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| 27A Grants to bodies other than registered social landlords |
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(1) | The Relevant Authority may make grants under this section to |
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companies that are not registered social landlords. |
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(2) | Grants under this section are grants for any of the following purposes— |
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(a) | acquiring, or repairing and improving, or creating by the |
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conversion of houses or other property, houses to be disposed |
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(i) | under equity percentage arrangements, or |
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(ii) | on shared ownership terms; |
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(b) | constructing houses to be disposed of— |
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(i) | under equity percentage arrangements, or |
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(ii) | on shared ownership terms; |
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(c) | providing loans to be secured by mortgages to assist persons to |
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acquire houses for their own occupation; |
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(d) | providing, constructing or improving houses to be kept |
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(e) | providing, constructing or improving houses for letting that are |
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to be managed by such registered social landlords, and under |
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arrangements containing such terms, as are approved by the |
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(f) | such other purposes as may be specified in an order under |
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(3) | The Secretary of State may by order make such provision in connection |
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with the making of grants under this section as he considers |
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(4) | An order under subsection (3) may, in particular, make provision— |
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(a) | defining “equity percentage arrangements” for the purposes of |
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(b) | specifying or describing the bodies from whom loans may be |
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obtained by persons wishing to acquire houses for their own |
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(c) | dealing with the priority of mortgages entered into by such |
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(d) | specifying purposes additional to those mentioned in |
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subsection (2)(a) to (e). |
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(5) | The Relevant Authority shall specify in relation to grants under this |
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(a) | the procedure to be followed in relation to applications for |
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(b) | the circumstances in which grant is or is not to be payable, |
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(c) | the method for calculating, and any limitations on, the amount |
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(d) | the manner in which, and the time or times at which, grant is to |
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(6) | In making a grant to a company under this section the Relevant |
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Authority may provide that the grant is conditional on compliance by |
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the company with such conditions as the Authority may specify. |
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(7) | The conditions that may be so specified include conditions requiring |
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the payment to the Relevant Authority in specified circumstances of a |
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sum determined by the Authority (with or without interest). |
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(8) | An order under subsection (3) shall be made by statutory instrument |
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which shall be subject to annulment in pursuance of a resolution of |
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either House of Parliament. |
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(a) | a company registered under the Companies Act 1985 |
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(including such a company which is also a registered |
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(b) | a company not so registered which is established by a |
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local housing authority for the purpose of exercising |
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management functions of the authority under section 27 |
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| “disposed of on shared ownership terms” has the meaning given |
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| “letting” includes the grant of a licence to occupy.” |
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Disabled facilities grant |
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187 | Disabled facilities grant: caravans |
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(1) | The Housing Grants, Construction and Regeneration Act 1996 (c. 53) is |
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(2) | In section 1(1)(c)(i) (grants in relation to qualifying park homes) for “qualifying |
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park homes” substitute “caravans”. |
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|
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(3) | In section 19(1) (applications for grants) for paragraph (c) substitute— |
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“(c) | that the applicant is an occupier (alone or jointly with others) of |
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a qualifying houseboat or a caravan and, in the case of a |
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caravan, that at the time the application was made the caravan |
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was stationed on land within the authority’s area.” |
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(4) | In section 22A (certificates required in case of occupier’s application)— |
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(a) | for “qualifying park home” in subsection (2)(b) and (3)(a) and (b) |
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substitute “caravan”, and |
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(b) | for “pitch” in subsection (3)(a) substitute “land”. |
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(5) | In the following provisions for “qualifying park home” substitute “caravan”— |
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(a) | section 23(1)(a)(i), (b)(i), (i) and (k) (purposes of grant); |
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(b) | section 24(3)(b)(i) (approval of application); |
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(c) | section 29(3) (restriction on grants for works already begun); |
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(d) | section 41(1)(b) (change of circumstances). |
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(6) | In section 57(2)(a) (power of authority to carry out works)— |
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(a) | for “qualifying park home”, in each place where it occurs, substitute |
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(b) | for “pitch” in sub-paragraph (i) substitute “land”. |
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(7) | In section 58 (minor definitions for the purposes of Chapter 1 of Part 1)— |
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(a) | before the definition of “common parts” insert— |
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(a) | means a caravan within the meaning of Part 1 of the |
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Caravan Sites and Control of Development Act 1960 |
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(disregarding the amendment made by section 13(2) |
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of the Caravan Sites Act 1968); and |
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(b) | includes any yard, garden, outhouses and |
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appurtenances belonging to it or usually enjoyed with |
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(b) | for “qualifying park home” in the definition of “premises” substitute |
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(c) | omit the definition of “qualifying park home”. |
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(8) | In section 59 (index of defined expressions)— |
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(a) | before the entry relating to “certified date” insert— |
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(b) | omit the entry relating to “qualifying park home”. |
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(9) | The amendments made by this section do not apply in relation to any |
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application for a disabled facilities grant under the Housing Grants, |
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Construction and Regeneration Act 1996 (c. 53) that is made before the day on |
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which this section comes into force. |
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Annual reports by local housing authorities |
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188 | Removal of duty on local housing authorities to send annual reports to |
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Omit section 167 of the Local Government and Housing Act 1989 (c. 42) (duty |
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of local housing authorities to send annual reports to tenants). |
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Social Housing Ombudsman for Wales |
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189 | Social Housing Ombudsman for Wales |
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(1) | After subsection (6) of section 51 of the Housing Act 1996 (c. 52) (schemes for |
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investigation of housing complaints) insert— |
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“(7) | This section shall not apply in relation to social landlords in Wales |
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(within the meaning given by section 51C).” |
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(2) | After that section insert— |
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“51A | Social Housing Ombudsman for Wales |
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(1) | For the purpose of the investigation of complaints made about social |
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landlords in Wales, there shall be an office of Social Housing |
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Ombudsman for Wales or Ombwdsmon Tai Cymdeithasol Cymru. |
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(2) | The person who is the Local Commissioner for Wales shall also be the |
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Social Housing Ombudsman for Wales. |
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(3) | If there is more than one person who is a Local Commissioner for |
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Wales, the Commission for Local Administration in Wales shall |
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designate one of them to be the Social Housing Ombudsman for Wales. |
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(4) | If a person who is the Social Housing Ombudsman for Wales ceases to |
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be a Local Commissioner for Wales, he shall cease to be the Social |
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Housing Ombudsman for Wales. |
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(5) | The power under section 23(6) of the Local Government Act 1974 to |
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remove a Local Commissioner for Wales from office on grounds of |
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incapacity or misbehaviour includes a power to remove him from that |
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office on grounds of incapacity or misbehaviour which are exclusively |
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or partly relevant to the office of Social Housing Ombudsman for |
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(6) | “Local Commissioner for Wales” shall be construed in accordance with |
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section 23 of the Local Government Act 1974. |
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(7) | Schedule 2A (which contains further provision about the Social |
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Housing Ombudsman for Wales) shall have effect. |
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51B | Investigation of complaints |
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(1) | The National Assembly for Wales may by regulations make provision |
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about the investigation by the Social Housing Ombudsman for Wales |
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of complaints made about social landlords in Wales. |
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(2) | Regulations under subsection (1) may in particular make provision |
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|
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(a) | the matters about which complaints may be made; |
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(b) | the grounds on which a matter may be excluded from |
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investigation, including that the matter is the subject of court |
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proceedings or was the subject of court proceedings where |
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judgment on the merits was given; |
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(c) | the description of individual who may make a complaint; |
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(d) | a power of the Social Housing Ombudsman for Wales to |
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investigate any complaint duly made (whether the complaint is |
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subsequently withdrawn or not), and, where he investigates, |
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the making of a determination; |
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(e) | a power of the Social Housing Ombudsman for Wales to |
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propose alternative methods of resolving a dispute; |
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(f) | the powers of the Social Housing Ombudsman for Wales for the |
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purposes of his investigations (including powers to consult and |
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co-operate with other persons), and the procedure to be |
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followed in the conduct of investigations; |
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(g) | the powers of the Social Housing Ombudsman for Wales on |
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making a determination, which may include power— |
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(i) | to make recommendations as to action to be taken to |
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remedy any injustice to the person aggrieved and to |
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prevent any similar injustice being caused in the future, |
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(ii) | to make orders with regard to the payment of |
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compensation or to order that a person is not to exercise, |
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or require the performance of, certain rights or |
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(iii) | to publish statements, or to make orders requiring the |
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publication of statements, that a person has failed to |
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comply with an order mentioned in sub-paragraph (ii); |
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(h) | the manner in which determinations are to be— |
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(i) | communicated to the complainant and the person |
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against whom the complaint was made; and |
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(ii) | published (with or without excisions). |
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(3) | Regulations under this section may contain such supplementary, |
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incidental, consequential or transitional provisions and savings as the |
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National Assembly for Wales considers appropriate. |
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(4) | Regulations under this section may make different provision for |
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different cases or descriptions of case. |
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(5) | Regulations under this section shall be made by statutory instrument. |
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51C | Meaning of “social landlord in Wales” |
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(1) | “Social landlord in Wales” means— |
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(a) | a body which is registered as a social landlord in the register |
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maintained by the National Assembly for Wales under section |
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(b) | a body which was at any time registered as a social landlord in |
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that register (or in the register previously maintained under that |
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section by the Secretary of State or Housing for Wales); and |
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(c) | any other body which was at any time registered with Housing |
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for Wales, the Secretary of State or the National Assembly for |
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Wales and which owns or manages publicly-funded dwellings. |
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(2) | In subsection (1)(c) a “publicly-funded” dwelling means a dwelling |
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(a) | provided by means of a grant under— |
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(i) | section 18 of this Act (social housing grant); or |
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(ii) | section 50 of the Housing Act 1988, section 41 of the |
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Housing Associations Act 1985, or section 29 or 29A of |
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the Housing Act 1974 (housing association grant); or |
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(b) | acquired on a disposal by a public sector landlord. |
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(3) | The National Assembly for Wales may by order made by statutory |
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instrument add to or amend the descriptions of landlords who are to be |
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treated as social landlords in Wales. |
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(4) | Before making any such order the National Assembly for Wales shall |
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consult such persons as it considers appropriate. |
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(5) | Any such order may contain such supplementary, incidental, |
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consequential or transitional provisions and savings as the National |
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Assembly for Wales considers appropriate.” |
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(3) | After Schedule 2 to that Act there is inserted, as Schedule 2A, the Schedule set |
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out in Schedule 9 to this Act. |
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(4) | In Schedule 4 to the Local Government Act 1974 (c. 7), in paragraph 1(3) |
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(validity of acts despite disqualification for being appointed as, or for being, a |
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Local Commissioner) after “office” there is inserted “or in the office of Social |
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Housing Ombudsman for Wales”. |
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Supplementary and final provisions |
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Residential property tribunals |
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190 | Residential property tribunals |
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(1) | Any jurisdiction conferred on a residential property tribunal by or under any |
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enactment is exercisable by a rent assessment committee constituted in |
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accordance with Schedule 10 to the Rent Act 1977 (c. 42). |
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(2) | When so constituted for exercising any such jurisdiction a rent assessment |
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committee is known as a residential property tribunal. |
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(3) | The appropriate national authority may by order make provision for and in |
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connection with conferring on residential property tribunals, in relation to |
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such matters as are specified in the order, such jurisdiction as is so specified. |
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(4) | An order under subsection (3) may modify an enactment (including this Act). |
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(5) | Schedule 10 (Residential property tribunals: procedure) has effect. |
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191 | Appeals from residential property tribunals |
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(1) | A party to proceedings before a residential property tribunal may appeal to the |
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Lands Tribunal from a decision of the residential property tribunal. |
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(2) | But the appeal may only be made— |
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|
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|
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(a) | with the permission of the residential property tribunal or the Lands |
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(b) | within the time specified by rules under section 3(6) of the Lands |
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Tribunal Act 1949 (c. 42). |
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(a) | the Lands Tribunal may exercise any power which was available to the |
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residential property tribunal, and |
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(b) | a decision of the Lands Tribunal may be enforced in the same way as a |
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decision of the residential property tribunal. |
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(4) | Section 11(1) of the Tribunals and Inquiries Act 1992 (c. 53) (appeals from |
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certain tribunals to High Court) does not apply to any decision of a residential |
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(5) | For the purposes of section 3(4) of the Lands Tribunal Act 1949 (c. 42) (which |
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enables a person aggrieved by a decision of the Lands Tribunal to appeal to the |
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Court of Appeal) a residential property tribunal is not to be regarded as an |
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Register of licences and management orders |
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192 | Register of licences and management orders |
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(1) | Every local housing authority must establish and maintain a register of— |
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(a) | all licences granted by them under Part 2 or 3 which are in force; |
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(b) | all temporary exemption notices served by them under section 61 or |
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section 83 which are in force; and |
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(c) | all interim and final management orders made by them under Part 4 |
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(2) | The register may, subject to any requirements that may be prescribed, be in |
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such form as the authority consider appropriate. |
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(3) | Each entry in the register is to contain such particulars as may be prescribed. |
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(4) | The authority must ensure that the contents of the register are available at the |
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authority’s head office for inspection by members of the public at all |
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(5) | If requested by a person to do so and subject to payment of such reasonable fee |
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(if any) as the authority may determine, a local housing authority must supply |
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the person with a copy (certified to be true) of the register or of an extract from |
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(6) | A copy so certified is prima facie evidence of the matters mentioned in it. |
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(7) | In this section “prescribed” means prescribed by regulations made by the |
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appropriate national authority. |
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Codes of practice and management regulations relating to HMOs |
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193 | Approval of codes of practice with regard to the management of HMOs |
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(1) | The appropriate national authority may by order— |
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|