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The Housing (Wales) Act 2014 (Commencement No. 3 and Transitory, Transitional and Saving Provisions) Order 2015

W.S.I. 2015/1272 · Made 21 April 2015

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Housing, Wales

Made 21 April 2015

The Welsh Ministers make the following Order in exercise of the powers conferred on them by section 145(3) and (4) of the Housing (Wales) Act 2014f1.

Annotations to the whole text

Footnotes

f1

2014 anaw 7.

Contents

  1. 1Title and interpretation
  2. 2Provisions coming into force on 27 April 2015
  3. 3Provision coming into force on 1 July 2015
  4. 4Transitory, transitional and saving provisions
  5. 5Saving provision in relation to the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014
  6. 6Transitory modification to the Act
  7. 7Transitional provision in relation to pending applications for accommodation or assistance
  8. 8Transitory modification to the Local Authority Social Services Act 1970
  9. Signature
  10. Schedule: Provisions of the Act coming into force on 27 April 2015
  11. 1Paragraph 1
  12. 2Paragraph 2
  13. 3Paragraph 3
  14. 4Paragraph 4
  15. 5Paragraph 5
  16. 6Paragraph 6
  17. 7Paragraph 7
  18. 8Paragraph 8
  19. 9Paragraph 9
  20. 10Paragraph 10
  21. 11Paragraph 11
  22. 12Paragraph 12
  23. 13Paragraph 13
  24. 14Paragraph 14
  25. 15Paragraph 15
  26. 16Paragraph 16
  27. 17Paragraph 17
  28. 18Paragraph 18
  29. 19Paragraph 19
  30. 20Paragraph 20
  31. 21Paragraph 21
  32. 22Paragraph 22
  33. 23Paragraph 23
  34. 24Paragraph 24
  35. 25Paragraph 25
  36. 26Paragraph 26
  37. 27Paragraph 27
  38. 28Paragraph 28
  39. 29Paragraph 29
  40. 30Paragraph 30
  41. 31Paragraph 31
  42. 32Paragraph 32
  43. 33Paragraph 33
  44. 34Paragraph 34
  45. 35Paragraph 35
  46. 36Paragraph 36
  47. 37Paragraph 37
  48. 38Paragraph 38
  49. 39Paragraph 39
  50. 40Paragraph 40
  51. 41Paragraph 41
  52. 42Paragraph 42
  53. 43Paragraph 43
  54. 44Paragraph 44
  55. 45Paragraph 45
  56. 46Paragraph 46
  57. 47Paragraph 47
  58. 48Paragraph 48
  59. 49Paragraph 49
  60. 50Paragraph 50
  61. 51Paragraph 51
  62. 52Paragraph 52
  63. 53Paragraph 53
  64. Explanatory note

1Title and interpretation

(1)

The title of this Order is the Housing (Wales) Act 2014 (Commencement No. 3 and Transitory, Transitional, and Saving Provisions) Order 2015.

(2)

In this Order “the Act” (“y Ddeddf”) means the Housing (Wales) Act 2014.

2Provisions coming into force on 27 April 2015

Subject to articles 4, 5, 6, 7 and 8, the appointed day for the provisions of the Act listed in the Schedule to come into force for the purposes specified (insofar as they are not already in force) is 27 April 2015.

3Provision coming into force on 1 July 2015

Subject to articles 4, 5 and 8, the appointed day for section 78 of the Act (deciding to have regard to intentionality) to come into force for all remaining purposes is 1 July 2015.

4Transitory, transitional and saving provisions

The following transitory, transitional and saving provisions have effect.

5Saving provision in relation to the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

(1)

Notwithstanding the commencement of section 61 of, and Schedule 2 to, the Act, the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014f1 continue to have effect (subject to any subsequent amendment or revocation) as if made under paragraph 1 of Schedule 2 to the Act.

(2)

Insofar as the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 continue to have effect by virtue of paragraph (1), they do so subject to the following modifications—

(a)

in regulation 5(1) the reference to “Part 7 of the 1996 Act” has effect as a reference to “section 66, 68, 73 or 75 of the Housing (Wales) Act 2014”; and

(b)

in regulation 6(1) the reference to “Part 7 of the 1996 Act” has effect as a reference to “section 66, 68, 73 or 75 of the Housing (Wales) Act 2014”.

6Transitory modification to the Act

(1)

This article comes in force on 27 April 2015.

(2)

This article makes a transitory modification to section 75(2)(d) of the Act with effect until 1 July 2015.

(3)

Until section 78 of the Act (deciding to have regard to intentionality) comes fully into force by virtue of article 3, section 75(2)(d) is to be read as if the words “if the authority is having regard to whether or not the applicant is homeless intentionally (see section 77)” were omitted.

7Transitional provision in relation to pending applications for accommodation or assistance

(1)

This article comes in force on 27 April 2015.

(2)

This article applies in relation to an applicant who has applied, before the 27 April 2015, to a local housing authority for accommodation or assistance in obtaining accommodation under Part 7 of the Housing Act 1996f1.

(3)

Notwithstanding articles 2 and 3, Part 7 of the Housing Act 1996 continues in force in relation to such applicants.

8Transitory modification to the Local Authority Social Services Act 1970

(1)

This article makes a transitory modification to the Local Authority Social Services Act 1970f1 as it applies in Wales, with effect from 27 April 2015.

(2)

Until Schedule 2 (social services functions) to the Social Services and Well-being (Wales) Act 2014f2 comes into force, Schedule 1 (social services functions) to the Local Authority Social Services Act 1970 is to be read in its application to Wales as if—

(a)

the entry for the Housing Act 1996 were omitted;

(b)

in place of that entry there is inserted:

“

Housing (Wales) Act 2014

Section 95(2), (3) and (4); but only where those functions apply by virtue of subsection (5)(b) of that section.

Co-operation and information sharing in relation to homeless persons and persons threatened with homelessness.

”

Signature

Lesley Griffiths

The Minister for Communities and Tackling Poverty, one of the Welsh Ministers

21 April 2015

1

Section 50 (duty to carry out a homelessness review and formulate a homelessness strategy) for all remaining purposes;

2

Section 51 (homelessness reviews) for all purposes;

3

Section 52 (homelessness strategies) for all purposes;

4

Section 53 (overview of this chapter) for all purposes;

5

Section 54 (application of key terms) for all purposes;

6

Section 55 (meaning of homelessness and threatened homelessness) for all purposes;

7

Section 56 (meaning of accommodation available for occupation) for all purposes;

8

Section 57 (whether it is reasonable to continue to occupy accommodation) for all remaining purposes;

9

Section 58 (meaning of abuse and domestic abuse) for all purposes;

10

Section 59 (suitability of accommodation) for all remaining purposes;

11

Section 60 (duty to provide information, advice and assistance in accessing help) for all purposes;

12

Section 61 (eligibility for help under this chapter) for all purposes;

13

Section 62 (duty to assess) for all purposes;

14

Section 63 (notice of the outcome of assessment) for all purposes;

15

Section 64 (how to secure or help to secure the availability of accommodation) for all remaining purposes;

16

Section 65 (meaning of help to secure) for all purposes;

17

Section 66 (duty to help to prevent an applicant from becoming homeless) for all purposes;

18

Section 67 (circumstances in which the duty in section 66 ends) for all purposes;

19

Section 68 (interim duty to secure accommodation for homeless applicants in priority need) for all purposes;

20

Section 69 (circumstances in which the duty in section 68 ends) for all purposes;

21

Section 70 (priority need for accommodation) for all purposes;

22

Section 71 (meaning of vulnerable in section 70) for all purposes;

23

Section 72 (power to amend or repeal provisions about priority need for accommodation) for all remaining purposes;

24

Section 73 (duty to help to secure accommodation for homeless applicants) for all purposes;

25

Section 74 (circumstances in which the duty in section 73 ends) for all purposes;

26

Section 75(1), (2) and (4) (duty to secure accommodation for applicants in priority need when the duty in section 73 ends) for all purposesf1;

27

Section 76 (circumstances in which the duty in section 75 ends) for all purposes;

28

Section 77 (meaning of intentionally homeless) for all purposes;

29

Section 78(2) (deciding to have regard to intentionality) for the purposes of enabling a local housing authority to make a decision and to publish a notice of that decisionf1;

30

Section 79 (further circumstances in which the duties to help applicants end) for all purposes;

31

Section 80 (referral of case to another local housing authority) for all remaining purposes;

32

Section 81 (local connection) for all remaining purposes;

33

Section 82 (duties to applicant whose case is considered for referral or referred) for all purposes;

34

Section 83 (cases referred from a local housing authority in England) for all purposes;

35

Section 84 (notice that duties have ended) for all purposes;

36

Section 85 (right to request review) for all purposes;

37

Section 86 (procedure on review) for all remaining purposes;

38

Section 87 (effect of a decision on review or appeal that reasonable steps were not taken) for all purposes;

39

Section 88 (right of appeal to county court on point of law) for all purposes;

40

Section 89 (appeals against refusal to accommodate pending appeal) for all purposes;

41

Section 90 (charges) for all purposes;

42

Section 91 (out-of-area placement) for all purposes;

43

Section 92 (interim accommodation: arrangements with private landlord) for all purposes;

44

Section 93 (protection of property) for all purposes;

45

Section 94 (protection of property: supplementary provisions) for all purposes;

46

Section 95 (co-operation) for all remaining purposes;

47

Section 96 (co-operation in certain cases involving children) for all purposes;

48

Section 97 (false statements, withholding information and failure to disclose change of circumstances) for all purposes;

49

Section 98 (guidance) for all remaining purposes;

50

Section 99 (interpretation of this chapter and index of defined terms) for all remaining purposes;

51

Section 100 (consequential amendments) for all purposes;

52

Schedule 2 for all remaining purposes; and

53

Part 1 of Schedule 3 for all purposes.

Explanatory note

(This note is not part of the Order)

This Order brings into force, on 27 April 2015, Part 2 of the Housing (Wales) Act 2014 (“the Act”), with the exception of section 75(3) (intentionally homeless households with children) and the partial exception of section 78 (deciding to have regard to intentionality). The Order also makes transitory, transitional and saving provisions as a result of the commencement of Part 2.

This is the third commencement order made by the Welsh Ministers under the Act.

Article 2 commences, insofar as not already commenced, Part 2 (homelessness) of the Act, subject to the exceptions below. Section 100 of the Act introduces Part 1 of Schedule 3 which makes consequential amendments relating to Part 2 of the Act. These amendments, among other things, have the effect of restricting to England, the application of Part 7 of the Housing Act 1996.

Article 2 also commences section 78 of the Act, but only for the purposes of allowing local housing authorities to decide to have regard to intentional homelessness in relation to specified categories of applicants. It also allows the notices of the decisions to be published.

Article 3 brings section 78 into effect for all remaining purposes on 1 July 2015.

Article 5 saves the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014. It also modifies the Regulations so that they will operate as if made under the Act.

Article 6 modifies section 75(2)(d) of the Act to omit the reference to deciding to have regard to intentionality, until section 78 is brought into full effect on 1 July 2015.

Article 7 makes a transitional provision in respect of a person who has applied before 27 April 2015 for assistance under Part 7 of the Housing Act 1996.

Article 8 makes a transitory modification to the Local Authority Social Services Act 1970, to refer to the homelessness functions of social services authorities under the Act.