Explanatory Notes

Housing (Wales) Act 2014


17 September 2014

Commentary on Sections

Part 3 Gypsies and Travellers

Section 101 – Assessment of accommodation needs

191.A local housing authority must carry out periodical assessments of the accommodation needs of Gypsies and Travellers residing in (i.e. who live there) or resorting to (i.e. stay in the area from time to time) its area. An assessment must be carried out within each “review period” (see subsection (3)). Subject to this requirement it will be for each local housing authority to decide when these assessments occur. The first assessment under this section will be carried out within one year of this section coming into force. In carrying out an assessment, a local housing authority must consult such persons it considers appropriate, with reference to guidance produced under this Part.

192.The duty to carry out assessments in this section will, once in force, replace the requirement imposed on Welsh local housing authorities by section 225 of the Housing Act 2004 to assess Gypsies and Travellers’ accommodation needs. Assessments under section 225 currently occur as part of authorities’ wider review of the accommodation needs of their areas under section 8 of the Housing Act 1985. Assessments of Gypsies and Travellers’ needs under the new system could still be carried out at the same time as reviews under section 8 of the 1985 Act; but this will be a matter for each local housing authority to consider in light of the requirement to carry out an assessment of accommodation needs under this section within each “review period”.