Explanatory note

These Regulations provide that a licensing authority (which has been designated under Part 1 of the Housing (Wales) Act 2014 (“the Act”)) may authorise a training provider and approve a training course for purposes of delivering training. A landlord or a person acting on behalf of a landlord will need to be licensed in order to carry out lettings and/or property management activities unless exempted under the Act.

Regulation 2 sets out defined terms for purposes of these Regulations. Other terms have been defined under Part 1 of the Act.

Regulation 3 authorises the licensing authority to specify requirements in relation to training. The regulation also provides that training must only be carried out by the licensing authority or by a person authorised by the licensing authority. It also provides that training must be delivered by the licensing authority or through training courses approved by the licensing authority.

Regulation 4 confers a power upon a licensing authority to specify requirements in relation to training. These specific requirements include those referred to in section 19(3)(a) of the Act.

Regulation 5 provides the process for assessing an application for an authorisation or an approval. The regulation provides a right to make representations in relation to any proposal of the licensing authority to either (i) impose a condition or conditions in relation to an authorisation or an approval, or (ii) refuse an application for an authorisation or an approval. The person who applies for an authorisation or approval may choose not to make any representations against the proposal. Further to issuing a proposal and having considered any written representations made, the licensing authority must then issue a formal decision.

Regulation 6 allows the licensing authority to propose to vary an authorisation or approval so as to attach or remove a condition or conditions. The regulation provides a right to make representations in relation to the proposal to attach a condition or conditions. Further to issuing a proposal and having considered any written representations made, the licensing authority must then issue a formal decision.

Regulation 7 provides that the licensing authority may withdraw the authorisation of the training provider in certain circumstances and provides a right of review against the licensing authority’s decision to do so.

Regulation 8 provides that the licensing authority may also withdraw approval of a training course in certain circumstances and provides a right of review against the licensing authority’s decision to do so.

Regulation 9 provides that the licensing authority may charge a fee and must prepare and publish a fees policy.

Regulation 10 provides that the licensing authority must monitor an authorised training provider.

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. The Impact Assessment prepared for the Act is relevant and a copy may be obtained from the Department of Housing, Welsh Government, Rhydycar Business Park, Merthyr Tydfil, CF48 1UZ.