The Homelessness (Suitability of Accommodation) (Wales) Order 2015

Interpretation E+W

2.  In this Order—

“the 2014 Act” (“Deddf 2014”) means the Housing (Wales) Act 2014; and any reference to a numbered section is a reference to a section of that Act;

“authority” (“awdurdod”) means the relevant local housing authority(1) which owes a duty to a homeless person under sections 68, 75 or 82;

[F1 “B&B accommodation” (“llety Gwely a Brecwast”) means accommodation (whether or not breakfast is included) which meets the following conditions—

(a)

the first condition is that—

(i)

a kitchen is either unavailable to the licensee, or it is available to the licensee but it is shared by people who are not part of the same household, and

(ii)

the following amenities are available to the licensee but may be shared by people who are not part of the same household—

(aa)

a toilet;

(bb)

personal washing facilities;

(b)

the second condition is that the accommodation is not owned or managed by a community landlord (within the meaning of section 9 (community landlords) of the Renting Homes (Wales) Act 2016 (anaw 1)), a registered charity or a voluntary organisation.]

“basic standard accommodation” (“llety o safon sylfaenol”) means accommodation that—

(a)

complies with all statutory requirements (such as, where applicable, requirements relating to fire, gas, electrical, and other safety; planning; and licences for houses in multiple occupation); and

(b)

has a manager deemed by the authority to be a fit and proper person with the ability to manage B&B accommodation;

and “basic standard” (“safon sylfaenol”) is to be construed accordingly;

“higher standard accommodation” (“llety o safon uwch”) means accommodation that meets—

(a)

the basic standard; and

(b)

the standards contained in the Schedule to this Order,

and “higher standard” (“safon uwch”) is to be construed accordingly;

“member of a person’s household” (“aelod o aelwyd y person”) bears the same meaning as in section 57(2), and “household” (“aelwyd”) is to be construed accordingly;

“shared accommodation” (“llety a rennir”) means accommodation—

(a)

which is not separate and self-contained premises; or

(b)

in which any of the following amenities is not available to the applicant or is shared by more than one household—

(i)

a toilet;

(ii)

personal washing facilities;

(iii)

cooking facilities; or

(c)

which is not an establishment registered under the provisions of the Care Standards Act 2000;

“small B&B” (“llety Gwely a Brecwast bach”) means—

• B&B accommodation—

  (i)

  where the manager resides on the premises; and

  (ii)

  which has fewer than 7 bedrooms available for letting.

Textual Amendments

F1 Words in art. 2 substituted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277), regs. 1(1), 3

Commencement Information

I1 Art. 2 in force at 27.4.2015, see art. 1(2)

(1)

See the definition of “local housing authority” in section 99 of the Housing (Wales) Act 2014.