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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Housing (Wales) Measure 2011 (Commencement No. 1) Order 2011 No. 2475 (W. 267) (C. 89) URL: https://www.bailii.org/wales/legis/num_reg/2011/wsi_20112475_en_1.html |
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Statutory Instruments
class="LegSubject">HOUSING,
WALES
Made
17 October 2011
1.-(1) The title of this Order is the Housing (Wales)
Measure 2011 (
Commencement
No. 1) Order 2011 and it applies in relation to
Wales.
(2) In this Order-
"the Measure" ("y Mesur") means the Housing (Wales)
Measure 2011;
"the first
commencement
date"
("y
dyddiad
cychwyn
cyntaf")
is 18 October 2011; and
"the second commencement
date"
" ("yr ail
ddyddiad
cychwyn")
is 2
December
2011.
class="LegP1ParaText">
class="LegP1No"
id="article-2">2. The
following
provisions of Part 2 of, and the Schedule to, the Measure
come
into
force
on the
first
commencement
date.
(a)Section 35 (Standards of performance) for
the purpose of
consultation
on setting standards of performance under section 33A of the Housing Act 1996;
(b)Section 36 (Guidance on standards of performance) for
the purpose of
consultation
on the issue of guidance on standards of performance under section 33B of the Housing Act 1996;
(c)Section 37 (Consultation
about standards and guidance);
(d)Section 39 (Guidance about complaints);
and
(e)Section 40 (Consultation).
(g)The whole
Chapter,
except section 42 (
Failure
to give notice to occupiers).
(h)Sections 50 and 51 (Enforcement powers);
(i)Section 52 (Enforcement notice: grounds for
giving notice) save insofar as it relates to standards applicable under section 33A of the Housing Act 1996;
(j)Sections 53 to 56 (Enforcement notice - further
provisions);
(k)Section 57 (Penalty: Grounds for
imposition) save insofar as it relates to standards applicable under section 33A of the Housing Act 1996;
(l)Sections 58 to 63 (Penalty - further
provisions);
(m)Section 64 (Compensation:
Grounds
for
award) save insofar as it relates to standards applicable under section 33A of the Housing Act 1996;
(n)Sections 65 to 71 (Compensation
-
further
provisions);
(o)Section 72 (Management tender) save insofar as it relates to standards applicable under section 33A of the Housing Act 1996;
(p)Sections 73 to 75 (Management etc. - further
provisions);
(q)Section 76 (Appointment of manager of registered social landlord) save insofar as it relates to standards applicable under section 33A of the Housing Act 1996; and
(r)Sections 77 to 82 (Management etc. - further
provisions).
(s)Sections 83 to 87 (Appointment of an interim manager on Insolvency, Removal of officers, Appointment of new officers, Charities
that have "received public assistance" and Minor
definitions);
and
(t)Section 88 (Minor and consequential
amendments) insofar as it relates to the provisions in the Schedule to the Measure
commenced
by this article.
(u)Paragraphs 1 to 3; and
(v)Paragraphs 9 to 20.
class="LegP1ParaText">
class="LegP1No"
id="article-3">3. The
following
provisions of Part 2 of, and the Schedule to, the Measure
come
into
force
on the second
commencement
date.
(a)Section 35 (Standards of performance) for
all remaining purposes;
(b)Section 36 (Guidance on standards of performance) for
all remaining purposes; and
(c)Section 38 (Information as to levels of performance).
(d)Section 42 (Failure
to give notice to occupiers).
(e)Section 52 (Enforcement notice: grounds for
giving notice)
for
remaining purposes;
(f)Section 57 (Penalty: Grounds for
imposition)
for
remaining purposes;
(g)Section 64 (Compensation:
Grounds
for
award)
for
remaining purposes;
(h)Section 72 (Management tender) for
remaining purposes; and
(i)Section 76 (Appointment of manager of registered social landlord) for
remaining purposes.
(j)Section 88 (Minor and consequential
amendments) insofar as it relates to the provisions in the Schedule to the Measure
commenced
by this article.
(k)Paragraphs 4 to 8.
(This note is not part of the Order)
This Order, made by the Welsh
Ministers,
commences
the majority of Part 2 (Registered Social Landlords) of the Housing (
Wales)
Measure 2011 ("the Measure") on 18 October 2011 ("the
first
commencement
date")
with
the remainder
coming
into
force
on 2
December
2011 ("the second
commencement
date").
This is the first
Commencement
Order made under the Measure.
Part 3 (Supplementary and Final
Provisions) of the Measure
came
into
force,
pursuant to section 90(2),
with
effect
from
10 July 2011 (two months after the Measure
was
approved by her Majesty in
Council).
Part 2 of the Measure amends Part 1 of, and Schedule 1 to, the Housing Act 1996.
The effect of the sections which
are brought into
force
on the
first
commencement
date
is as
follows:
Chapter 1 of Part 2 of the Measure relates to the performance of Registered Social Landlords. Sections 35 and 36 of Chapter
1 are partially brought into
force
for
the purposes of
consultation
on setting standards of performance under section 33A of the Housing Act 1996 and issuing guidance on standards of performance under section 33B of the Housing Act 1996. Sections 35 and 36 are brought
fully
into
force
on the second
commencement
date.
Chapter 2 is commenced
and makes provision
for
Registered Social Landlords to give, and
for
the
Welsh
Ministers to accept, voluntary undertakings in lieu of other methods of enforcement.
Chapter 3 is commenced
except
for
section 42,
which
comes
into
force
on the second
commencement
date,
and makes provision
for
surveys and inspections.
Chapter 4 is commenced
except
where
provisions relate to the standards of performance to be set under
Chapter
1.
Chapter
4 makes provision
for
the
Welsh
Ministers to take enforcement action against Registered Social Landlords.
Chapter 5 is commenced
and
contains
miscellaneous provisions including the appointment of an interim manager, removal of officers, and minor and
consequential
amendments. The majority of the minor and
consequential
amendments in the Schedule to the Measure
come
into
force
on the
first
commencement
date
with
the remainder
coming
into
force
on the second
commencement
date
when
the remainder of
Chapters
1 and 4
come
into
force.
2011 nawm 5.