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SCHEDULE 3E+WMINOR AND CONSEQUENTIAL AMENDMENTS

PART 1 E+WHOMELESSNESS

Housing Act 1996E+W

2The Housing Act 1996 is amended as follows.E+W

Annotations:

Commencement Information

I1Sch. 3 para. 2 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

3In section 167 (allocation of housing accommodation in accordance with allocation scheme: Wales)—E+W

(a)in subsection (2)—

(i)in paragraph (a), for “(within the meaning of Part 7)” substitute “ (within the meaning of Part 2 of the Housing (Wales) Act 2014) ”;

(ii)for paragraph (b) substitute—

(b)people who are owed any duty by a local housing authority under section 66, 73 or 75 of the Housing (Wales) Act 2014;

(b)in subsection (2ZA), for “Part 7” substitute “ Part 2 of the Housing (Wales) Act 2014 ”;

(c)in subsection (2A)(c), for “section 199” substitute “ section 81 of the Housing (Wales) Act 2014 ”.

Annotations:

Commencement Information

I2Sch. 3 para. 3 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

4In the Part title of Part 7 (homelessness), after “Homelessness” insert “ : England ”.E+W

Annotations:

Commencement Information

I3Sch. 3 para. 4 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

5In subsection (1) of section 179 (duty of local housing authority to provide advisory services), after “local housing authority” insert “ in England ”.E+W

Annotations:

Commencement Information

I4Sch. 3 para. 5 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

6In subsection (1) of section 180 (assistance for voluntary organisations), after “local housing authority” insert “ in England ”.E+W

Annotations:

Commencement Information

I5Sch. 3 para. 6 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

7In subsection (1) of section 182 (guidance by the Secretary of State), after “social services authority” insert “ in England ”.E+W

Annotations:

Commencement Information

I6Sch. 3 para. 7 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

8In subsection (1) of section 183 (application for assistance), after “local housing authority” insert “ in England ”.E+W

Annotations:

Commencement Information

I7Sch. 3 para. 8 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

9In subsection (1) of section 187 (provision of information by Secretary of State), after “local housing authority” insert “ in England ”.E+W

Annotations:

Commencement Information

I8Sch. 3 para. 9 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

10In section 193 (duty to persons with priority need who are not homeless intentionally)—E+W

(a)in subsection (10), for “appropriate authority” substitute “ Secretary of State ”;

(b)omit subsection (12).

Annotations:

Commencement Information

I9Sch. 3 para. 10 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

11In section 198 (referral of case to another local housing authority)—E+W

(a)after subsection (4) insert—

(4A)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.

(b)in subsection (5), after “case” insert “ which does not involve a referral to a local housing authority in Wales ”;

(c)after that subsection, insert—

(5A)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.;

(d)in subsection (6)(b), after “Secretary of State” insert “ or, in the case of an order under subsection (5A), to the Secretary of State and the Welsh Ministers ”;

(e)in subsection (7)—

(i)for “No such order shall” substitute “ An order under this section shall not ”; and

(ii)at the end, insert “ and, in the case of a joint order, a resolution of the National Assembly for Wales ”.

Annotations:

Commencement Information

I10Sch. 3 para. 11 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

12In subsection (4) of section 200 (duties to applicant whose case is considered for referral or referred)—E+W

(a)after “met” insert “ and the notified authority is not an authority in Wales ”, and

(b)at the end, insert “ ; for provision about cases where it is decided that those conditions are met and the notified authority is an authority in Wales, see section 83 of the Housing (Wales) Act 2014 (cases referred from a local housing authority in England) ”.

Annotations:

Commencement Information

I11Sch. 3 para. 12 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

13After section 201 (application of referral provisions to cases arising in Scotland) insert—E+W

201ACases referred from a local housing authority in Wales

(1)This section applies where an application has been referred by a local housing authority in Wales to a local housing authority in England under section 80 of the Housing (Wales) Act 2014 (referral of case to another local housing authority).

(2)If it is decided that the conditions in that section for referral of the case are met, the notified authority are subject to the duty under section 193 of this Act in respect of the person whose case is referred (the main housing duty); for provision about cases where it is decided that the conditions for referral are not met, see section 82 of the Housing (Wales) Act 2014 (duties to applicant whose case is considered for referral or referred).

(3)References in this Part to an applicant include a reference to a person to whom a duty is owed by virtue of subsection (2).

Annotations:

Commencement Information

I12Sch. 3 para. 13 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

14In subsection (1) of section 213 (co-operation between relevant housing authorities and bodies), after “local housing authority” insert “ in England ”.E+W

Annotations:

Commencement Information

I13Sch. 3 para. 14 in force at 27.4.2015 by S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)