The Homelessness Act 2002 (Commencement) (Wales) Order 2002

Welsh Statutory Instruments

2002 No. 1736 (W.166) (C.53)

HOUSING, WALES

The Homelessness Act 2002 (Commencement) (Wales) Order 2002

Made

4th July 2002

The National Assembly for Wales makes the following Order in exercise of the powers given to it by section 20(1) and (3) of the Homelessness Act 2002(1):

Name, application and interpretation

1.—(1) The name of this Order is the Homelessness Act 2002 (Commencement) (Wales) Order 2002 and it applies to Wales only.

(2) In this Order, unless otherwise stated, references to sections and Schedules are references to sections of and Schedules to the Homelessness Act 2002 (“the Act”).

Appointed Days

2.—(1) The day appointed for the coming into force in Wales of the provisions specified in Part 1 of the Schedule to this Order is 30 September 2002.

(2) The day appointed for the coming into force in Wales of the provisions specified in Part 2 of the Schedule to this Order is 27 January 2003.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)

D. Elis-Thomas

The Presiding Officer of the National Assembly

4th July 2002

Article 2

SCHEDULE

PART 1 PROVISIONS COMING INTO FORCE ON 30 SEPTEMBER 2002

section 1	(Duty of local housing authority to formulate a housing strategy)
section 2	(Homelessness reviews)
section 3	(Homelessness strategies)
section 4	(Section 1 to 3: interpretation)
section 5	(Provision of accommodation for persons not in priority need who are not homeless intentionally)
section 6	(Abolition of minimum period for which an authority is subject to main homelessness duty)
section 7	(Events which cause the main homelessness duty to cease)
section 9	(Abolition of duty under section 197)
section 10	(Persons claiming to be homeless who are at risk of violence)
section 11	(Section 204(4): appeals)
section 12	(Co-operation in certain cases involving children)
section 17	(Wales)
section 18	(Minor and consequential amendments and repeals) — except in so far as it relates to the provisions in the Schedules to the Act referred to in Part 2 of this Schedule
section 19	(Financial provisions)
Schedule 1	(Minor and Consequential Amendments) — save for paragraphs 1 to 7
Schedule 2	(Repeals)—
Housing Act 1996 (c. 52)	Section 191(4) In section 193, in sub-section (1), the words from “This section” to the end, and in sub- section (8), the words “of accommodation under part VI”. Section 194 In section 195, in sub-section (2), the words from “This subsection” to the end and, in sub-section (4), the words from “and section” to “duty).” Section 196(4) Section 197 In section 198(1), the words from “The authority” to the end. In section 200(5), the words “(3) or (4)”. In section 205(1), the entry relating to section 207. Section 207 In section 218, the entry for “minimum period”.
Immigration and Asylum Act 1999 (c. 33)	Section 117(4)

PART 2 PROVISIONS COMING INTO FORCE ON 27 JANUARY 2003

section 13	(Application of Part 6 to existing tenants)
section 14	(Abolition of duty to maintain housing register)
section 15	(Applications for housing accommodation)
section 16	(Allocation schemes)
section 18	(Minor and consequential amendments and repeals) — to the extent that it has not been commenced by that date
Schedule 1	(Minor and consequential amendments) — paragraphs 1, 2, 4, 5 and 6
Schedule 2	(Repeals)
Housing Act 1985 (c. 68)	In section 106(6) the words “housing registers and”.
Housing Act 1996 (c. 52)	Sections 161 to 165. In section 174, the entries for “housing register” and “qualifying person”.
Immigration and Asylum Act 1999 (c. 33)	Section 117(3)

Explanatory Note

(This note does not form part of the Order)

The Homelessness Act 2002 (“the Act”) was given Royal Assent on the 26th February 2002.

Section 8 of and paragraphs 3 and 7 of Schedule 1 to the Act came into force on Royal Assent. This Order brings the remaining provisions of the Act into force in Wales on 30th September 2002 in the case of the homelessness provisions and on 27 January 2003 in the case of the allocation provisions.

(1)

2002 c. 7.

(2)

1998 c. 38.