Section 35 Information as to levels of performance.I1

England and Wales

F1(A1)

The Welsh Ministers shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with—

(a)

their functions relating to the provision of housing in Wales, and

(b)

matters relating to their governance and financial management.

(1)

The F2Relevant Authority shall from time to time collect information as to the levels of performance achieved by registered social landlords in connection with the provision of housing F3in England .

(2)

On or before such date in each year as may be specified in a direction given by F4the Welsh Ministers, each registered social landlord shall provide the Welsh Ministers, as respects each standard determined under F5section 33A or 34, with such information as to the level of performance achieved by him as may be so specified.

(3)

A registered social landlord who without reasonable excuse fails to do anything required of him by a direction under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings for such an offence may be brought only by or with the consent of the Welsh Ministers or the Director of Public Prosecutions.

(4)

The Relevant Authority shall at least once in every year arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or provided to it under this section as appears to it expedient to give to tenants or potential tenants of registered social landlords.

(5)

In arranging for the publication of any such information the Welsh Ministers shall have regard to the need for excluding, so far as that is practicable—

(a)

any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the the Welsh Ministers, seriously and prejudicially affect the interests of that individual; and

(b)

any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Welsh Ministers, seriously and prejudicially affect the interests of that body.

Annotations

Textual amendments

F1: S. 35(A1) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 38(2), 90(2); S.I. 2011/2475, arts. 1(2), 3(c)
F2: Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F3: Words in s. 35(1) inserted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 38(3), 90(2); S.I. 2011/2475, arts. 1(2), 3(c)
F4: Words in Pt. I substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(7), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F5: Words in s. 35(2) substituted (2.12.2011) by Housing (Wales) Measure 2011 (nawm 5), ss. 38(4), 90(2); S.I. 2011/2475, arts. 1(2), 3(c)

Commencement

I1: S. 35 wholly in force 1.4.1998: s. 35 not in force at Royal Assent see s. 232(1)-(3); s. 35(1)(2)(3)(5) in force at 1.4.1997 and s. 35(4) in force at 1.4.1998 by S.I. 1997/618, arts. 2, 3

Notes on Part I

Textual amendments

F1: 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.)
F2: 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)

Modifications

C1: Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3
C2: 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.)

Notes on Chapter IV

Textual amendments

F1: Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.