The Public Health (Protection from Eviction) (No. 2) (Wales) (Coronavirus) Regulations 2021
| Jurisdiction | Wales |
2021 No. 325 (W. 84)
Public Health, Wales
The Public Health (Protection from Eviction) (No. 2) (Wales) (Coronavirus) Regulations 2021
Made 16th March 2021
Laid before Senedd Cymru 17th March 2021
Coming into force 1st April 2021
The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 45C(1), (2), (3)(c) and 45P(2) of the Public Health (Control of Disease) Act 19841.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in Wales.
The Welsh Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act2, the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, Senedd Cymru.
Title, commencement, application and interpretation
1.—(1) The title of these Regulations is the Public Health (Protection from Eviction) (No. 2) (Wales) (Coronavirus) Regulations 2021.
(2) These Regulations come into force on 1 April 2021.
(3) These Regulations apply in relation to Wales.
(4) In these Regulations, “dwelling-house” has the same meaning as in the Housing Act 19853, the Housing Act 19884or the Rent Act 19775, as the case may be.
Residential tenancies (protection from eviction)
2.—(1) Subject to paragraphs (2) and (3), no person may attend at a dwelling-house for the purpose of—
(a)
(a) executing a writ or warrant of possession,
(b)
(b) executing a writ or warrant of restitution, or
(c)
(c) delivering a notice of eviction.
(2) Paragraph (1) does not apply where the court is satisfied that the writ, warrant or notice relates to an order for possession made—
(a)
(a) against trespassers pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 19986applies,
(b)
(b) wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 19857,
(c)
(c) wholly or partly on Ground 2 or Ground 2A in Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies) to the Housing Act 19858,
(d)
(d) wholly or partly on Ground 7A, Ground 14 or Ground 14A in Schedule 2 (grounds for possession of dwelling-houses let on assured tenancies) to the Housing Act 19889,
(e)
(e) wholly or partly on Ground 7 (ground for possession where tenant dies and no right of succession) in Schedule 2 to the Housing Act 198810, or
(f)
(f) wholly or partly under Case 2 of Schedule 15 (ground for possession of dwelling-houses let on or subject to protected or statutory tenancies) to the Rent Act 1977.
(3) Where paragraph (2)(e) applies, the person attending at the dwelling-house must take reasonable steps to satisfy themselves that the dwelling-house is unoccupied before carrying out those matters set out in paragraph (1)(a), (b) or (c).
Review and expiry
3.—(1) The Welsh Ministers must review the need for the restrictions and requirements imposed by these Regulations, and whether those restrictions are proportionate to what the Welsh Ministers seek to achieve by them—
(a)
(a) at least once in the period from 1 April 2021 to 23 April 2021;
(b)
(b) at least once in each subsequent period of 21 days.
(2) These Regulations expire at the end of the day on 30 June 2021.
Julie James
Minister for Housing and Local Government, one of the Welsh Ministers
16 March 2021
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