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The Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018

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Statutory Instruments

2018 No. 167 (C. 19)

Housing, England And Wales

The Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018

Made

8th February 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 13(3) and (4) of the Homelessness Reduction Act 2017(1).

Citation and interpretation

1.—(1) These Regulations may be cited as the Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018.

(2) In these Regulations “the Act” means the Homelessness Reduction Act 2017.

Provisions coming into force on 12th February 2018

2.  The day appointed for the coming into force of the following provisions of the Act is 12th February 2018—

(a)section 7(1) (deliberate and unreasonable refusal to co-operate: duty upon giving of notice), only in so far as is necessary for enabling the exercise of the power to make regulations conferred by section 193B(7) of the Housing Act 1996(2);

(b)section 9(1) and (2) (reviews), only in so far as is necessary for enabling the exercise of the power to make regulations under section 203(1) of the Housing Act 1996 as to the procedure to be followed in relation to reviews under section 202(1)(ba) to (bc) and (h) of the Housing Act 1996;

(c)section 10 (duty of public authority to refer cases to local housing authority), only in so far as is necessary for enabling the exercise of the power to make regulations conferred by section 213B(4) of the Housing Act 1996.

Provisions coming into force on 3rd April 2018

3.  The day appointed for the coming into force of the following provisions of the Act is 3rd April 2018—

(a)section 1 (meaning of “threatened with homelessness”);

(b)section 2 (duty to provide advisory services);

(c)section 3 (duty to assess all eligible applicants’ cases and agree a plan);

(d)section 4 (duty in cases of threatened homelessness);

(e)section 5 (duties owed to those who are homeless);

(f)section 6 (duties to help to secure accommodation);

(g)section 7 (deliberate and unreasonable refusal to co-operate: duty upon giving of notice), in so far as not already in force;

(h)section 8 (local connection of a care leaver);

(i)section 9 (reviews), in so far as not already in force;

(j)section 10 (duty of public authority to refer cases to local housing authority), in so far as not already in force;

(k)section 11 (codes of practice);

(l)section 12 (suitability of private rented sector accommodation).

Transitional and savings provisions

4.—(1) Despite the coming into force of sections 1, 4 and 5 of the Act in accordance with regulation 3, the amendments made by those sections do not apply in relation to an application for assistance made under section 183 of the Housing Act 1996 before 3rd April 2018.

(2) Despite the coming into force of section 9 of the Act in accordance with regulation 3, the amendments made by that section do not apply in relation to a review requested under section 202(1) of the Housing Act 1996 before 3rd April 2018.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Heather Wheeler

Parliamentary Under Secretary of State

Ministry of Housing, Communities and Local Government

8th February 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring the Homelessness Reduction Act 2017 (“the Act”) into force.

Regulation 2 brings three provisions of the Act into force on 12th February 2018, for the purpose of enabling regulations to be made under provisions inserted by them into the Housing Act 1996.

Regulation 3 brings the whole of the Act fully into force on 3rd April 2018.

Regulation 4 makes transitional and savings provisions to ensure that amendments made by the Act do not apply in relation to an application for assistance made under section 183 of the Housing Act 1996 before 3rd April 2018, or to a review requested under section 202(1) of the Housing Act 1996 before that date.

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