20Duty of a specified person to ask and act(1)

The 2014 Act is amended as follows.

(2)

After section 94 (protection of property: supplementary provisions) insert—

94ADuty of a specified person to ask and act(1)

This section applies if a specified person (see section 94B) considers that an individual in Wales in relation to whom the specified person exercises functions is or may be homeless or threatened with homelessness, subject to subsection (7).

(2)

The specified person must ask the individual—

(a)

to agree to the specified person notifying a local housing authority in Wales or England of—

(i)

the opinion mentioned in subsection (1), and

(ii)

how the individual may be contacted by the local housing authority;

(b)

to identify a local housing authority in Wales or England to which the individual would like the notification to be made.

(3)

If the individual agrees to the specified person making the notification, the specified person must notify—

(a)

the local housing authority identified by the individual, or

(b)

if the individual has not identified an authority, the local housing authority in Wales or England that the specified person considers appropriate.

(4)

If the notification required by subsection (3) is made to a local housing authority in Wales, the notification is to be treated as if it were an application by the individual to the local housing authority under section 62(1)(a).

(5)

The specified person must—

(a)

provide the individual with information about help available for people who are homeless or who may become homeless;

(b)

consider whether there are any other steps it could reasonably take in the exercise of its functions to help the individual secure or retain suitable accommodation and, if the specified person considers there are any, it must take those steps;

(c)

consider whether the opinion mentioned in subsection (1) affects the exercise of its functions in relation to the individual regarding any matter.

(6)

Paragraphs (b) and (c) of subsection (5) do not affect any right of the specified person, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of any accommodation.

(7)

The duties in subsections (2) and (3) do not apply if the specified person is satisfied that—

(a)

an application to a local housing authority in Wales under section 62(1)(a) of this Act, or a local authority in England under section 183 of the Housing Act 1996 (c. 52) (“the 1996 Act”), has been made in respect of the individual, and

(b)

either—

(i)

the application is being considered, or

(ii)

a duty applies under this Act, or the 1996 Act, to secure accommodation or provide other help in respect of the application.

94BSpecified persons(1)

For the purposes of section 94A, each of the following is a “specified person”—

(a)

a social services authority;

(b)

a Local Health Board, but only in relation to individuals to whom it provides or arranges health care services that are not primary care services;

(c)

the Welsh Ambulance Services University National Health Service Trust;

(d)

a registered social landlord;

(e)

a new town corporation for an area in Wales;

(f)

a private registered provider of social housing that provides housing in Wales;

(g)

a housing action trust for an area in Wales;

(h)

the governor of a prison in Wales;

(i)

the director of a contracted out prison in Wales;

(j)

the governor of a young offender institution in Wales;

(k)

the governor of a secure training centre in Wales;

(l)

the director of a contracted out secure training centre in Wales;

(m)

the principal of a secure college in Wales;

(n)

a youth offending team established under section 39(1) of the Crime and Disorder Act 1998 (c. 37) for an area in Wales;

(o)

the manager of a secure children’s home in Wales;

(p)

a provider of probation services in Wales;

(q)

an officer designated by the Secretary of State for Work and Pensions for the purposes of section 94A and employed by the Secretary of State at an office in Wales known as a Jobcentre Plus office;

(r)

the Secretary of State for Defence, but only in relation to members of the regular armed forces of the Crown.

(2)

The Welsh Ministers may, by regulations, amend subsection (1)—

(a)

to omit a reference to a person or a description of a person;

(b)

to add a reference to a person or a description of a person;

(c)

to change a reference to a person or a description of a person.

(3)

Regulations under subsection (2)—

(a)

may omit a reference to a reserved authority or a description of a person that includes a reserved authority;

(b)

may not add a reference to a reserved authority or a description of a person that includes a reserved authority unless the Secretary of State consents;

(c)

may not change a reference to a reserved authority or a description of a person that includes a reserved authority in a way that modifies the functions of the authority under section 94A unless—

(i)

in the case of an authority that is a Minister of the Crown, the Secretary of State has been consulted about the change, or

(ii)

in the case of any other authority, the Secretary of State consents.

(4)

Regulations under paragraph (b) or (c) of subsection (2)—

(a)

may describe a person by reference to the exercise of discretion by another person;

(b)

may specify cases or circumstances in which a reference to a person or a description of a person applies.

(3)

In section 98 (guidance), after subsection (2) insert—(2A)

In the exercise of its functions under section 94A, a specified person must have regard to guidance given by the Welsh Ministers.

(4)

In section 142(3)(b)(ii) (orders and regulations: procedure), for “or 86(1)” substitute “, 86(1), 94B(2)”.