# The Homelessness (Suitability of Accommodation) (Wales) Order 2006, Note: Explanatory note (This note is not part of the Order) When discharging a housing function to secure that accommodation is available for an applicant who is homeless, or threatened with homelessness, under Part 7 (homelessness) of the Housing Act 1996 (“the 1996 Act”), a local housing authority must ensure that the accommodation is suitable (section 206(1)). Section 210 specifies matters to be taken into account when determining suitability of accommodation for the purposes of Part 7 of the 1996 Act. The National Assembly for Wales has the power to specify additional matters under section 210. The Secretary of State previously made the Homelessness (Suitability of Accommodation) Order 1996 (S.I. 1996/3204) which specified that in determining for the purposes of Part 7 whether accommodation is suitable for a person, there is to be taken into account whether or not the accommodation is affordable for that person. That Order listed particular matters to be considered with reference to affordability. This order is called the Homelessness (Suitability of Accommodation) order 2006 and is in three parts. Part 1 of this Order comes into force on 3 April 2006. It relies on the power in section 210(2)(b) of Part 7 of the 1996 Act. Part 1 applies to persons in priority need as defined by section 189 of the 1996 Act. Under section 210(2)(b), this Order specifies matters to be taken into account in determining whether accommodation is suitable for a person. These additional matters relate to the health needs of the person, any disability of the person and the proximity of social services and other support. Part 2 of this Order comes into force on 2 April 2007. It applies to accommodation made available under Part 7 of the 1996 Act. This Part relies on the powers in section 210(2)(a) and (b) of Part 7 of the 1996 Act. Article 4 of this Order specifies that Bed and Breakfast (“B&B”) accommodation may only be regarded as suitable for the purposes of Part 7 of the 1996 Act if it complies with a Basic Standard. The Basic Standard requires that the B&B accommodation must firstly meet all statutory requirements. Some examples are fire and gas safety, planning permission and HMO licencing (where required). The premises must also be managed by a fit and proper person. Local Housing Authorities must have regard to the statutory guidance issued under section 182 of the 1996 Act in assessing whether a person is fit and proper. Part 2 then specifies, in Article 5, additional circumstances in which accommodation must not be regarded as suitable. It does this by specifying minimum standards for B&B accommodation used for households containing or consisting of a minor or a pregnant woman. This includes households consisting only of one or more minors aged 16 or 17. Article 5 specifies that, where accommodation is provided under a duty under Part 7 of the 1996 Act to a household containing a minor or a pregnant woman, B&B accommodation is not to be regarded as suitable, subject to the exceptions contained in Article 6. Article 6 provides for certain exceptions relating to the length of time spent in B&B accommodation, the standard of the B&B accommodation, and the choice of the homeless household. B&B accommodation is defined as commercially provided accommodation which, whether or not breakfast is provided, is not self contained or which involves sharing certain amenities with another household. In calculating the total period of time during which a household containing a minor or pregnant woman has been housed in B&B accommodation, a local housing authority is to disregard any period spent in such accommodation before 2 April 2007. It is also to disregard any period spent in B&B accommodation where such an applicant was being housed by another local housing authority prior to the conditions for a referral being met in accordance with sections 198 to 200 of the 1996 Act. Those sections provide that, where a local housing authority is of the opinion that the conditions for a referral are met and that an applicant has a local connection with the district of another local authority, it may refer the applicant to that authority and, if the conditions for referral are met, the second authority is subject to the duty under section 193 of the 1996 Act (the main housing duty) in respect of the applicant. Part 3 of this Order comes into force on 7 April 2008. It extends the Part 2 standards to all types of shared accommodation provided under Part 7 of the 1996 Act. It also extends restrictions on the provision of B&B accommodation to all priority need households. It contains exceptions which are similar to those in Part 2. There is an additional exception for accommodation managed by a local authority or registered housing association. For existing social housing schemes, there is a transitional provision. This provides for a 3-year delay in application until 4 April 2011, for those housing schemes already used for housing homeless persons before 7 April 2008. This Order does not apply where the local housing authority is exercising discretionary powers to assist homeless persons. The dates when this Order is to come into force have been chosen to coincide with the start of the financial year for Local Housing Authorities in Wales. --- Source: https://www.legislation.gov.uk/wsi/2006/650/note (the official version) Page: https://openlegislation.uk/homelessness-suitability-of-accommodation-wales-order-2006/note Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.