s 50H Grounds for imposition
(1) The Welsh Ministers may require a registered social landlord to pay a penalty if they are satisfied that— (a) any of the following cases applies, and (b) the imposition of a penalty is appropriate (whether or not as part of a response including other action). (2) Case 1 is where the registered social landlord has failed to meet a standard under section 33A. (3) Case 2 is where the registered social landlord has failed to comply with a requirement imposed by or under an enactment. (4) Case 3 is where the registered social landlord has failed to comply with an enforcement notice. (5) Case 4 is where the registered social landlord has given an undertaking under section 6A and failed to comply with it. (6) Case 5 is where an offence under this Part has been committed by the registered social landlord. (6A) But Case 2 is not to be treated as applying if any of the other cases listed in this section applies. (7) Where the Welsh Ministers are satisfied that an offence under this Part has been committed in respect of a registered social landlord but by another person (such as a member, employee or agent of the registered social landlord)— (a) Case 5 applies, (b) the Welsh Ministers may require the other person to pay a penalty, and (c) this Chapter applies with the substitution of references to that other person for references to the registered social landlord. (8) In order to rely on Case 5 the Welsh Ministers must be satisfied beyond reasonable doubt that it applies.