C6 Part VII Homelessness
General provisions
C1214 False statements, withholding information and failure to disclose change of circumstances.
1
It is an offence for a person, with intent to induce a local housing authority to believe in connection with the exercise of their functions under this Part that he or another person is entitled to accommodation or assistance in accordance with the provisions of this Part, or is entitled to accommodation or assistance of a particular description—
a
knowingly or recklessly to make a statement which is false in a material particular, or
b
knowingly to withhold information which the authority have reasonably required him to give in connection with the exercise of those functions.
2
If before an applicant receives notification of the local housing authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible.
The authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).
3
A person who fails to comply with subsection (2) commits an offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
C2215 Regulations and orders.
1
In this Part “prescribed” means prescribed by regulations of the Secretary of State.
2
Regulations or an order under this Part may make different provision for different purposes, including different provision for different areas.
3
Regulations or an order under this Part shall be made by statutory instrument.
4
Unless required to be approved in draft, regulations or an order under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C3216 Transitional and consequential matters.
1
The provisions of this Part have effect in place of the provisions of Part III of the M1Housing Act 1985 (housing the homeless) and shall be construed as one with that Act.
2
Subject to any transitional provision contained in an order under section 232(4) (power to include transitional provision in commencement order), the provisions of this Part do not apply in relation to an applicant whose application for accommodation or assistance in obtaining accommodation was made before the commencement of this Part.
3
The enactments mentioned in Schedule 17 have effect with the amendments specified there which are consequential on the provisions of this Part.
C4217 Minor definitions: Part VII.
1
In this Part, subject to subsection (2)—
F1“private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies);
“relevant authority” means a local housing authority or a social services authority; and
“social services authority” means a local authority for the purposes of the M2Local Authority Social Services Act 1970, as defined in section 1 of that Act.
2
In this Part, in relation to Scotland—
a
“local housing authority” means a local authority within the meaning of the M3Housing (Scotland) Act 1988, and
b
“social services authority” means a local authority for the purposes of the M4Social Work (Scotland) Act 1968.
3
References in this Part to the district of a local housing authority—
a
have the same meaning in relation to an authority in England or Wales as in the Housing Act 1985, and
b
in relation to an authority in Scotland, mean the area of the local authority concerned.
C5218 Index of defined expressions: Part VII.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—
accommodation available for occupation | section 176 |
applicant | section 183(2) |
assistance under this Part | section 183(2) |
associated (in relation to a person) | section 178 |
assured tenancy and assured shorthold tenancy | section 230 |
district (of local housing authority) | section 217(3) |
eligible for assistance | section 183(2) |
homeless | section 175(1) |
housing functions under this Part (in sections F2206 and 208) | section 205(2) |
intentionally homeless | section 191 |
intentionally threatened with homelessness | section 196 |
local connection | section 199 |
local housing authority— -in England and Wales -in Scotland | section 230 section 217(2)(a) |
F5... | F5... |
prescribed | section 215(1) |
priority need | section 189 |
F3private landlord | section 217(1) |
reasonable to continue to occupy accommodation | section 177 |
registered social landlord | section 230 |
F4restricted person | section 184(7) |
relevant authority | section 217(1) |
social services authority | section 217(1) and (2)(b) |
threatened with homelessness | section 175(4) |
Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2
Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7
Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13