SL(6)276 –  The Renting Homes (Fitness for Human Habitation) (Wales) (Amendment) Regulations 2022

Background and Purpose

The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (“the 2022 Regulations”) prescribe the matters and circumstances to which regard must be had when determining whether a dwelling is fit for human habitation.

These Regulations amend the 2022 Regulations by:

· Extending the period within which the landlord must provide the contract-holder with a copy of the electrical condition report from seven days to 14 days. The time period for providing written confirmation of remedial work to the contract-holder is similarly extended.

· Updating the reference to the Electrical Wiring Regulations BS7671 to reflect the most recent version published in 2022 by the British Standards Institution.

Procedure

Negative

The Regulations were made by the Welsh Ministers before they were laid before the Senedd.  The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.

Technical Scrutiny

The following point is identified for reporting under Standing Order 21.2 in respect of this instrument:

1. Standing Order 21.2(vi) – that its drafting appears to be defective or it fails to fulfil statutory requirements.

In regulation 2(2)(a) there is a reference to “paragraph (a)”. This is incorrect as the reference should be to “sub-paragraph (a)” (emphasis added) as it is referring to a subdivision within paragraph (3) of regulation 6 of the 2022 Regulations.

Merits Scrutiny  

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Welsh Government response

A Welsh Government response is required.

Legal Advisers

Legislation, Justice and Constitution Committee

1 November 2022