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The Housing (Right to Buy) (Prescribed Forms) (Wales) Regulations 2015

W.S.I. 2015/1320 · Made 20 January 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 19 October 2015.

Housing, Wales

Made 20 January 2015

Coming into force 22 January 2015

The Welsh Ministers make the following Regulations in exercise of powers conferred upon the Secretary of State by section 176(1) and (5) of the Housing Act 1985f1 as extended by section 26(3) of the Welsh Language Act 1993f2 and now vested in themf3.

Annotations to the whole text

Footnotes

f1

1985 c.68.

f2

1993 c.38.

f3

Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1. Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32).

Contents

  1. 1Title, commencement, application and interpretation
  2. 2Notice claiming to exercise the right to buy
  3. 3Notice in reply to tenant’s right to buy claim
  4. 4Initial notice of delay
  5. 5Initial notice of delay - landlord’s counter notice
  6. 6Operative notice of delay
  7. 7Prescribed particulars to be contained in the notices
  8. 8Revocations, savings and transitional provisions
  9. Signature
  10. Schedule 1FORM WRTB1
  11. Schedule 2FORM WRTB2
  12. Schedule 3FORM WRTB3
  13. Schedule 4FORM WRTB4
  14. Schedule 5FORM WRTB5
  15. Schedule 6REVOCATIONS
  16. Explanatory note

1Title, commencement, application and interpretationI1

(1)

The title of these Regulations is the Housing (Right to Buy) (Prescribed Forms) (Wales) Regulations 2015 and they come into force on 22 January 2015.

(2)

These Regulations apply in relation to Wales.

(3)

In these Regulations, “the Act” (“y Ddeddf”) means the Housing Act 1985.

2Notice claiming to exercise the right to buyI1

A notice under section 122(1) of the Actf1 is one which is in the form set out in Schedule 1, or in a form substantially to the like effect.

3Notice in reply to tenant’s right to buy claimI1

A notice under section 124(1) of the Actf1 is one which is in the form set out in Schedule 2, or in a form substantially to the like effect.

4Initial notice of delayI1

A notice under section 153A(1) of the Actf1 is one which is in the form set out in Schedule 3, or in a form substantially to the like effect.

5Initial notice of delay - landlord’s counter noticeI1

A notice under section 153A(3)(b) of the Actf1 is one which is in the form set out in Schedule 4, or in a form substantially to the like effect.

6Operative notice of delayI1

A notice under section 153A(5) of the Act is one which is in the form set out in Schedule 5, or a form substantially to the like effect.

7Prescribed particulars to be contained in the noticesI1

The particulars to be contained in a notice prescribed by regulations 2 to 6 are those required by that form.

8Revocations, savings and transitional provisionsI1

(1)

The Regulations specified in Schedule 6 are revoked in relation to Wales.

(2)

Nothing in these Regulations affects the validity of any notice given before the 22 January 2015 if the notice was given in a form prescribed by any of the Regulations specified in Schedule 6, or in a form substantially to the like effect.

Signature

Lesley Griffiths

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

20 January 2015

Schedule 1FORM WRTB1I1F1

Schedule 2FORM WRTB2I1

Schedule 3FORM WRTB3I1

Schedule 4FORM WRTB4I1

Schedule 5FORM WRTB5I1

Schedule 6REVOCATIONSI1

  • Housing (Right to Buy) (Prescribed Forms) Regulations 1986f1

  • Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1989f2

  • Housing (Right to Buy Delay Procedure) (Prescribed Forms) Regulations 1989f3

  • Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1992f4

  • Housing (Right to Buy Delay Procedure) (Prescribed Forms) (Amendment) Regulations 1993f5

  • Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1993f6

  • Housing (Right to Buy Delay Procedure) (Prescribed Forms) (Welsh Forms) Regulations 1994f7

  • Housing (Right to Buy) (Prescribed Forms) (Welsh Forms) Regulations 1994f8

  • Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1996f9

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the form of certain notices under Part 5 of the Housing Act 1985 (“the Act”) relating to the right to buy, and the particulars to be contained in those notices.

Regulation 2 and Schedule 1 prescribe the form to be used by a secure tenant claiming to exercise the right to buy in accordance with section 122 of the Act.

Regulation 3 and Schedule 2 prescribe the form to be used by the landlord who has received notice from the tenant claiming to exercise the right to buy. The notice, given under section 124 of the Act, either admits or denies the tenant’s right to buy.

Regulation 4 and Schedule 3 prescribe the form to be used by a tenant who has served the notice claiming to exercise the right to buy where there has been a delay as described in section 153A(1) of the Act.

Regulation 5 and Schedule 4 prescribe the form to be used by a landlord who has been served an initial notice of delay in the circumstances set out in section 153A(3)(b) of the Act.

Regulation 6 and Schedule 5 prescribe the form to be used by a tenant in the circumstances set out in section 153A(5) of the Act.

Regulation 7 prescribes the particulars to be contained in any of the above notices, and regulation 8 revokes the Regulations listed in Schedule 6, which these Regulations replace.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. 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 these Regulations.