Group 4: Miscellaneous amendments to the 2016 Act (Amendments 10, 16, 17, 18, 19, 20, 56, 21, 25, 26, 27)

Part of the debate – in the Senedd at 1:38 pm on 10 February 2021.

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Photo of Julie James Julie James Labour 1:38, 10 February 2021

I move the amendments in my name. The purpose of amendments 10, 16, 17 and 19 is to remove redundant references to the Displaced Persons (Temporary Protection) Regulations 2005, which have now been revoked.

Amendment 18 will remove the examples in section 33 of the 2016 Act of editorial changes that may be made to fundamental and supplementary terms set out in a written statement. On reflection, these examples may be unhelpful and are not considered necessary. As Members will appreciate, it is essential that the terms set out in written statements reflect the provisions included in the Act and any regulations made under it, as appropriate. But where there may be some opportunity to improve in this area and enhance the experience of model written statements for users, I do not want to take—for users, I want to take it. Forgive me; I mangled that up a bit. I'll say that again. Where there may be some opportunity to improve in this area and enhance the experience of model written statements for users, I do want to take that opportunity.

Amendment 20 further clarifies the circumstances where a community landlord may provide a standard contract, instead of a secure contract, to a contract holder undertaking study. This exemption only applies where the accommodation is provided solely for the purposes of the contract holder attending a designated course at an educational establishment. Where the contract holder has additional entitlement to the property outside of the need for accommodation to study, the community landlord is required to provide a secure contract, where the additional entitlement of the contract holder would otherwise qualify them for a contract of that kind. The accommodation covered under this provision is not connected to, and is for a different purpose than, that provided by a higher education institution.

Amendments 21 and 25 through to 27 amend section 256(2) of the 2016 Act. This section currently permits regulations made under the 2016 Act to make consequential amendments to enactments, and modifications, repeals and revocations of enactments. This amendment will expand that power so that it applies to any provision of the 2016 Act, as well as to other enactments. Such an amendment has been identified as necessary as a result of the considerations relating to the Jarvis v. Evans judgment. This amendment will facilitate the making of accessible and clear legislation by ensuring that required consequential amendments can be made to the 2016 Act and can be made in the most appropriate place within the 2016 Act.

Amendment 56 would remove accommodation occupied by ministers of religion entirely from the Renting Homes regime. The provisions of this amending legislation currently provide greater security of tenure to ministers of religion who often occupy their accommodation through a basic licence. We have received representations from Cytûn, representatives of churches in Wales, who have expressed concern that such an approach would have an impact upon the way that churches currently operate. Whilst my officials are in contact with Cytûn on this matter, I am conscious that the views of all affected parties have not yet been sought. The Welsh Government will keep this matter under review and look to use the available subordinate legislation powers to address any issue, if required. Therefore, I'm afraid I cannot support amendment 56.