The Prevention of Social Housing Fraud (Detection of Fraud) (Wales) Regulations 2014

JurisdictionWales
CitationSI 2014/826 (W84)
(1) The title of these Regulations is the Prevention of Social Housing Fraud (Detection of Fraud) (Wales) Regulations 2014 and they come into force on 28 March 2014.(2) These Regulations apply in relation to Wales.(1) In these Regulations—
  • “authorised officer” (“swyddog awdurdodedig”) means a person acting in accordance with any authorisation for the purposes of these Regulations, which is for the time being in force in relation to that person.
references to a document includes references to anything in which information is recorded in electronic or any other form;are transmitted to the recipient of the notice by electronic means; andare received by that person in a form that is legible and capable of being recorded for future reference.(1) Subject to paragraphs (2) and (3) , a local authority may grant an authorisation to an individual to exercise the powers conferred on an authorised officer under regulation 4.an individual employed by that authority; oran individual employed by another local authority or joint committee that carries out functions relating to housing fraud investigation purposes on behalf of that authority.must be in writing and provided to that individual as evidence of their entitlement to exercise powers conferred by these Regulations;may contain provision as to the period for which the authorisation is to have effect; andmay restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes or in particular circumstances.(4) An authorisation may be withdrawn at any time in writing by the local authority that granted it.the officer designated under section 4 of the Local Government and Housing Act 1989the officer who is the authority’s chief finance officer (within the meaning of section 5 of that Act) .(6) An individual who for the time being is authorised for the purposes of regulation 4, is only entitled to exercise any of the powers which are conferred on an authorised officer by that regulation for housing fraud investigation purposes.whether or not that dwelling-house is or was let under a tenancy under which the landlord is or was the authority by which the officer’s authorisation was granted; andwhether or not that dwelling house is located in the area of the authority by which the officer’s authorisation was granted.is a person falling within paragraph (2) ; andhas or may have possession of or access to any information about any matter that is relevant to housing fraud investigation purposes,any bank;any person carrying on a business the whole or a significant part of which consists of the provision of credit (whether secured or unsecured) to members of the public;any water undertaker or sewage undertaker;is the holder of a licence under section 7 of the Gas Act 1986is the holder of a licence under section 7A of that Actany person who (within the meaning of the Electricity Act 1989any person who provides a telecommunications service; orany servant or agent of any person mentioned in sub-paragraphs (a) to (f) .(3) Subject to the following provisions of this regulation, the powers conferred by this regulation on an authorised officer to require information from any person by virtue of that person falling within paragraph (2) are exercisable for the purpose only of obtaining information relating to a particular person identified (by name or description) by the officer.a person who has committed, is committing or intends to commit an offence listed in section 7(7) of the Prevention of Social Housing Fraud Act 2013; ora person who is a member of the family of a person falling within sub-paragraph (a) .(5) The powers conferred by this regulation are not exercisable for the purpose of obtaining from any person providing a telecommunications service any information other than information which (within the meaning of section 21 of the Regulation of Investigatory Powers Act 2000(6) Nothing in paragraph (3) or (4) prevents an authorised person from exercising the powers conferred by this regulation for requiring

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