OpenLegislation

Section 198 Referral of case to another local housing authority.I1C1C2

England and Wales

F1(A1)

If the local housing authority would be subject to the duty under section 189B (initial duty owed to all eligible persons who are homeless) but consider that the conditions are met for referral of the case to another local housing authority in England, they may notify that other authority of their opinion.

(1)

If the local housing authority would be subject to the duty under section 193 (accommodation for those with priority need who are not homeless intentionally) but consider that the conditions are met for referral of the case to another local housing authority, they may notify that other authority of their opinion.

F2...

(2)

The conditions for referral of the case to another authority are met if—

(a)

neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

(b)

the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and

(c)

neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of F3domestic abuse in that other district.

F4(2ZA)

The conditions for referral of the case to another authority are also met if—

(a)

the application is made within the period of two years beginning with the date on which the applicant accepted an offer from the other authority under section 193(7AA) (private rented sector offer), and

(b)

neither the applicant nor any person who might reasonably be expected to reside with the applicant will run the risk of F5domestic abuse in the district of the other authority.

F6(2A)

But the conditions for referral mentioned in subsection (2) F7or (2ZA) are not met if—

(a)

the applicant or any person who might reasonably be expected to reside with him has suffered violence (other than F8violence that is domestic abuse) in the district of the other authority; and

(b)

it is probable that the return to that district of the victim will lead to further violence of a similar kind against him.

(F93)

For the purposes of subsections (2), (2ZA) and (2A)—

(a)

“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

(b)

“violence” means—

(i)

violence from another person; or

(ii)

threats of violence from another person which are likely to be carried out.

(4)

The conditions for referral of the case to another authority are also met if—

(a)

the applicant was on a previous application made to that other authority placed (in pursuance of their functions under this Part) in accommodation in the district of the authority to whom his application is now made, and

(b)

the previous application was within such period as may be prescribed of the present application.

(F104A)

Subsection (4) is to be construed, in a case where the other authority is an authority in Wales, as if the reference to “this Part” were a reference to Part 2 of the Housing (Wales) Act 2014.

(5)

The question whether the conditions for referral of a case F11which does not involve a referral to a local housing authority in Wales are satisfied shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order.

(F125A)

The question whether the conditions for referral of a case involving a referral to a local housing authority in Wales shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State and the Welsh Ministers may jointly direct by order.

(6)

An order may direct that the arrangements shall be—

(a)

those agreed by any relevant authorities or associations of relevant authorities, or

(b)

in default of such agreement, such arrangements as appear to the Secretary of State F13or, in the case of an order under subsection (5A), to the Secretary of State and the Welsh Ministers to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

(7)

F14An order under this section shall not be made unless a draft of the order has been approved by a resolution of each House of Parliament F15and, in the case of a joint order, a resolution of the National Assembly for Wales .

Annotations

Textual amendments

F1

S. 198(A1) inserted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(8), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))

F2

Words in s. 198(1) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F3

Words in s. 198(2)(c) substituted (5.7.2021) by Domestic Abuse Act 2021 (c. 17), ss. 78(6)(a), 90(6); S.I. 2021/797, reg. 2(2) (with reg. 4(1))

F4

S. 198(2ZA) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(6), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F5

Words in s. 198(2ZA)(b) substituted (5.7.2021) by Domestic Abuse Act 2021 (c. 17), ss. 78(6)(b), 90(6); S.I. 2021/797, reg. 2(2) (with reg. 4(1))

F6

S. 198(2A)(3) substituted for s. 198(3) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 10(2) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F7

Words in s. 198(2A) inserted (9.11.2012 for E.) by Localism Act 2011 (c. 20), ss., 149(7), 240(3)(f); S.I. 2012/2599, arts. 1(2), 2 (with art. 3)

F8

Words in s. 198(2A)(a) substituted (5.7.2021) by Domestic Abuse Act 2021 (c. 17), ss. 78(6)(c), 90(6); S.I. 2021/797, reg. 2(2) (with reg. 4(1))

F9

S. 198(3) substituted (5.7.2021) by Domestic Abuse Act 2021 (c. 17), ss. 78(6)(d), 90(6); S.I. 2021/797, reg. 2(2) (with reg. 4(1))

F10

S. 198(4A) inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 11(a); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

F11

Words in s. 198(5) inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 11(b); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

F12

S. 198(5A) inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 11(c); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

F13

Words in s. 198(6)(b) inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 11(d); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

F14

Words in s. 198(7) substituted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 11(e)(i); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

F15

Words in s. 198(7) inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 11(e)(ii); S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

Modifications

C1

Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C2

S. 198 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts. 3, 7

Commencement

I1

S. 198 wholly in force 20.1.1997: s. 198 not in force at Royal Assent, see s. 232(1)-(3); s. 198(4)-(7) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 198 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

Notes on Part VII

Textual amendments

F1

Words in Pt. VII title inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 4; S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

Modifications

C1

Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2

Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7

Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13