Contract conversion
5. Power to make subordinate legislation
183. The Bill contains provisions to make subordinate legislation. The table on the following pages sets out, in relation to each provision in the Bill:
(i) The person upon whom, or the body upon which, the power is conferred.
(ii) The form in which the power is to be exercised. (iii) The appropriateness of the delegated power.
(iv) The applied procedure; that is, whether it is “affirmative”, “negative”, or “no procedure”, together with reasons why it is considered appropriate.
184. The Welsh Government will consult on the content of the subordinate legislation where it is considered appropriate to do so. The precise nature of consultation will be decided when the proposals have been formalised.
Table 3: Summary of powers to make subordinate legislation for provisions in the Bill. Section or Schedule: Power conferred on
Form Appropriateness Procedure Reason for procedure
Section 9(6) Welsh Ministers
Regulations Provides the Welsh Ministers with the flexibility to amend the list of authorities or bodies that might be a “community landlord” to reflect any future changes in housing practice. This could include bodies that might in future offer secure contracts.
Affirmative Changes to the operation of the definition of
“community landlord” will impact on the application of ‘standard’ and ‘secure’ contracts. Affirmative procedure is appropriate as regulations may
substantially affect provisions of the Bill. Section 22(1) Welsh
Ministers
Regulations Provides flexibility as to the determination of ‘fundamental provisions’ and the degree to which landlords and tenants can agree to exclude or vary these. This allows flexibility to adapt in response to future legislation and housing practice.
Negative unless making changes to the Renting Homes (Wales) Act in which case, affirmative.
The detail of these regulations will be minor detail in light of the overall legislative regime.
The express power to amend the Act available under this section is subject to affirmative procedure.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Section 22(2) Welsh Ministers
Regulations Provides flexibility as to the degree to which landlords and tenants can agree to exclude or vary ‘fundamental
provisions’. This allows flexibility to adapt in response to future legislation and housing practice.
Negative unless making changes to the Renting Homes (Wales) Act in which case, affirmative.
The detail of these regulations will be minor detail in light of the overall legislative regime.
The express power to amend the Act available under this section is subject to affirmative procedure.
Section 23(1) Welsh Ministers
Regulations Provides flexibility as to the determination of ‘supplementary provisions’ to allow consideration of future changes following statutory consultation.
Negative The determination of ‘supplementary provisions’ may vary from time to time and will be subject to statutory consultation as set out in section 23(2). Section 29(1)
Welsh Ministers
Regulations Enables the Welsh Minsters to prescribe ‘model contracts’ and is suitable for delegated powers as it will allow flexibility in the variation of the content of contracts which will vary from time to time and will need to include a high level of detail which would otherwise
encumber the Bill.
Negative Prescribes technical
matters of detail which may change from time to time.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Section 32(4) Welsh Ministers
Regulations Allows the Welsh Ministers to specify explanatory information which must be contained in written statements. Such information will vary from time to time and be technical in nature.
Negative Prescribes technical
matters of detail which may change from time to time.
Section 45(3) Welsh Ministers
Regulations Allows the Welsh Ministers to specify what information is sufficient to comply with section 45 on deposit schemes. This will allow information to be varied swiftly if there are changes in legislation and housing practice.
Negative Prescribes technical
matters of detail which may change from time to time.
Section 56 Welsh Ministers
Regulations This power enables the Welsh Ministers to amend section 55. This will allow the definition of prohibited conduct to be swiftly updated and so ensure any new forms of anti-social behaviour, domestic abuse or other negative behaviours are captured by the definition.
Affirmative Power enables the amendment of primary legislation.
Section 68 Welsh Ministers
Regulations Allows the variation of time periods for the purposes of sections 66 and 67 to reflect future changes to legislation and housing practice.
Affirmative Prescribes technical
matters of detail which may change from time to time.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Section 94 Welsh Ministers
Regulations Allows the Welsh Ministers to set matters or circumstances to consider in determining whether premises are fit for human habitation. The regulations will be relatively minor in detail in relation to the overall legislative scheme on human habitation contained in the Bill.
Negative Prescribes technical
matters of detail which may change from time to time.
Section 112 Welsh Ministers
Regulations Allows the Welsh Ministers to specify periods of time in relation to secure contract “withdrawal notices” under section 111. Suitable for delegated powers as will be technical in nature and may vary in response to future changes to legislation and housing practice.
Negative Prescribes technical
matters of detail which may change from time to time.
Section 131 Welsh Ministers
Regulations Allows the Welsh Ministers to specify periods of time in relation to periodic standard contract “withdrawal notices” under section 130. Suitable for
delegated powers as will be technical in nature and may vary from time to time.
Negative Prescribes technical
matters of detail which may change from time to time.
Section 199(5) Welsh Ministers
Regulations Allows the Welsh Ministers to specify the procedure to be followed in relation to a landlord’s review under the section. Suitable for delegated powers as will be technical in nature.
Negative Prescribes technical
matters of detail which may change from time to time.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Section 217(1) Welsh Ministers
Regulations Enables the Welsh Ministers to make provision relating to the safeguarding and delivering of property obtained on the possession of an abandoned
property under section 216. Suitable for delegated powers as will be technical in nature and flexibility required to respond to future changes in housing practice.
Negative Prescribes technical
matters of detail which may change from time to time.
Section 219 Welsh Ministers
Regulations Allows the Welsh Ministers to amend relevant periods of time in relation to abandonment under sections 216 and 218. This will allow flexibility to respond to changes in legislation and housing practice.
Affirmative Prescribes technical
matters of detail which may change from time to time.
Section 225 Welsh Ministers
Regulations Allows the Welsh Ministers to amend relevant periods of time in relation to the exclusion of joint contract-holders under sections 221, 222, 223, and 224. This will allow flexibility to respond to changes in legislation and housing practice.
Affirmative Prescribes technical
matters of detail which may change from time to time.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Section 233(3) Welsh Ministers
Regulations Enables the Welsh Ministers to prescribe the form for notices and
documents required or authorised under the Bill. This is appropriate for delegated powers as it prescribes technical details that may vary from time to time.
Negative Prescribes technical
matters of detail which may change from time to time.
Section 252(1) Welsh Ministers
Regulations Allows the Welsh Ministers to make supplemental, incidental, consequential, transitory, transitional or saving
provision. Negative unless making changes to primary legislation in which case, affirmative. Affirmative procedure is appropriate where
regulations amend primary legislation.
Negative procedure is appropriate for those regulations which make technical provisions.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Section 253(2) Welsh Ministers
Regulations Allows the Welsh Ministers to make consequential amendments to, and modifications, repeals and revocations of, an enactment other than a provision of this Act.
Affirmative. Affirmative procedure is appropriate where
regulations amend primary legislation
Negative procedure is appropriate for other regulations which make technical provision only and are appropriate for combining with other negative procedure powers.
Section 254(2) Welsh Ministers
Order Suitable for delegated powers because this provision enables the Welsh
Ministers to provide for commencement of the Bill.
No
procedure
These orders relate to commencement and are technical in nature. Schedule 2 Paragraph 15(10) Welsh Ministers
Regulations This enables the Welsh Ministers to make provision relating to paragraph 15(5) (which prevents landlords from giving notice of extension without a local authority’s consent) and in particular the procedure for obtaining consent.
Negative Prescribes technical
matters of detail which may change from time to time.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Schedule 2 Paragraph 17
Welsh Ministers
Regulations Allows the Welsh Ministers to amend Schedule 2. This will allow flexibility to respond to changes in legislation and housing practice.
Affirmative Power allows for the amendment of primary legislation (the Bill itself) so affirmative procedure is appropriate. Schedule 3 Paragraph 10(2) Welsh Ministers
Regulations Allows the Welsh Ministers to prescribe the meaning of “designated course” for the purposes of this paragraph. This requires flexibility to adapt to future changes and practices.
Negative Prescribes technical
matters of detail which may change from time to time.
Schedule 3 Paragraph 15(3)
Welsh Ministers
Regulations Allows the Welsh Ministers to make regulations on the determination of “key workers” for the purposes of this
paragraph. This requires flexibility to adapt to future changes and practices.
Negative Prescribes technical
matters of detail which may change from time to time.
Schedule 3 Paragraph 17
Welsh Ministers
Regulations Allows the Welsh Ministers to amend Schedule 3. This will allow flexibility to respond to changes in legislation and housing practice.
Affirmative Power allows for the amendment of primary legislation (the Bill itself) so affirmative procedure is appropriate.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Schedule 4 Paragraph 3(7)
Welsh Ministers
Regulations Allows the Welsh Ministers to amend the time in which a notice of extension must be given to a contract-holder, and provides that the power in section 253 includes power to make consequential amendments to Schedule 4. These provisions allow for flexibility and their operation may need amending from time to time.
Affirmative Procedure reflects the potential effect of varying the time period and the possibility of amending Schedule 4 to the Bill.
Schedule 4 Paragraph 4(7)
Welsh Ministers
Regulations Allows the Welsh Ministers to prescribe the procedure to be followed in
connection with a review under this paragraph. Suitable for delegated powers as will be technical in nature.
Negative Prescribes technical
matters of detail which may change from time to time.
Schedule 5 Paragraph 1(6)
Welsh Ministers
Regulations Allows the Welsh Ministers to impose powers and duties on scheme
administrators. Suitable for delegated powers as the nature of these functions and responsibilities will change
according to the nature of the deposit schemes created.
Negative The regulations will set functions in accordance with the overarching principles contained in the legislative scheme and may change from time to time.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Schedule 7 Paragraph 4(7)
Welsh Ministers
Regulations Allows the Welsh Ministers to amend the time in which a notice of extension must be given to a contract-holder in the probation period, and provides that the power in section 253 includes power to consequentially amend Schedule 7.
Affirmative The use of the affirmative procedure for making regulations under Schedule 7(4)(7) reflects the potential effect of varying the period of notice to a contract- holder in respect of extending the probation period and, more
significantly, the possibility of making consequential amendments to the entirety of Schedule 7. The scope to amend sub-paragraph (2) and make
consequential
amendments to Schedule 7 means the affirmative procedure is considered appropriate. Schedule 7 Paragraph 5(7) Welsh Ministers
Regulations Allows the Welsh Ministers to prescribe the procedure to be followed in
connection with a review under this paragraph. Suitable for delegated powers as will be technical in nature.
Negative Prescribes technical
matters of detail which may change from time to time.
Section or Schedule:
Power conferred
on
Form Appropriateness Procedure Reason for procedure
Schedule 11 Paragraph 16(2)
Welsh Ministers
Regulations The Welsh Ministers must make
provision in relation to rent assessment following variation of a converted
contract. Regulations will be technical in nature and are may need variation from time to time and so are suitable for delegated powers.
Negative Prescribes technical
matters of detail which may change from time to time.