Explanatory note

These Regulations make provision about the procedure to be followed under section 85 of the Housing (Wales) Act 2014 (“the 2014 Act”) in connection with a review by a local housing authority of specific decisions relating to homelessness.

Regulation 2 provides that requests for review must be made to the local housing authority which made the decision whose review under section 85 has been requested. Authorities must inform applicants and representatives that they may make oral or written representations (or both) in connection with the review. Applicants must also be notified of the procedure to be followed on review. These requirements also apply in relation to reviews falling within regulation 4 (initial procedure where the original decision was made under the Decisions on Referrals Order).

Regulation 3 provides that where a decision was originally made by an officer of the authority and is to be reviewed by an officer of the authority, then the reviewing officer must not have been involved in the original decision.

Regulation 4 sets out the initial procedure to be followed where the original decision was made under the Homelessness (Decisions on Referrals) Order 1998 (S.I. 1998/1578) (“the Decisions on Referrals Order”) (as applied by regulation 7).

Regulation 5 provides the procedural requirements applying to all reviews under the Regulations. The reviewer must consider any representations made in accordance with regulations 2 and 4. If the reviewer is minded to make a decision against the interests of the applicant notwithstanding some deficiency or irregularity in the original decision or its making, the reviewer must inform the applicant of its reasons and invite representations. These representations can be made by the applicant or a representative, either in writing or orally, or both.

Regulation 6 sets out the requirements for notifying applicants of decisions on review.

Regulation 7 sets out the application of the Decisions on Referrals Order for the purpose of these Regulations.

Regulation 8 makes various consequential revocations in relation to Wales. In particular, regulation 8 revokes the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 (S.I. 1999/71), which dealt with reviews of local housing authority decisions on homelessness under the Housing Act 1996. The remaining revocations relate to now ineffectual amending legislation. There is a transitional provision saving the application of the Regulations to be revoked, in relation to ongoing cases under the Housing Act 1996.