198 Referral of case to another local housing authority.E+W
(1)If the local housing authority would be subject to the duty under section 193 (accommodation for those with priority need who are not homeless intentionally) but consider that the conditions are met for referral of the case to another local housing authority, they may notify that other authority of their opinion.
F1...
(2)The conditions for referral of the case to another authority are met if—
(a)neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,
(b)the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and
(c)neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other district.
[F2(2A)But the conditions for referral mentioned in subsection (2) are not met if—
(a)the applicant or any person who might reasonably be expected to reside with him has suffered violence (other than domestic violence) in the district of the other authority; and
(b)it is probable that the return to that district of the victim will lead to further violence of a similar kind against him.
(3)For the purposes of subsections (2) and (2A) “violence” means—
(a)violence from another person; or
(b)threats of violence from another person which are likely to be carried out;
and violence is “domestic violence” if it is from a person who is associated with the victim.]
(4)The conditions for referral of the case to another authority are also met if—
(a)the applicant was on a previous application made to that other authority placed (in pursuance of their functions under this Part) in accommodation in the district of the authority to whom his application is now made, and
(b)the previous application was within such period as may be prescribed of the present application.
(5)The question whether the conditions for referral of a case are satisfied shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order.
(6)An order may direct that the arrangements shall be—
(a)those agreed by any relevant authorities or associations of relevant authorities, or
(b)in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.
(7)No such order shall be made unless a draft of the order has been approved by a resolution of each House of Parliament.
Textual Amendments
F1Words in s. 198(1) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1
F2S. 198(2A)(3) substituted for s. 198(3) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 10(2) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1
Modifications etc. (not altering text)
C1Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)
C2S. 198 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts. 3, 7
Commencement Information
I1S. 198 wholly in force 20.1.1997: s. 198 not in force at Royal Assent, see s. 232(1)-(3); s. 198(4)-(7) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 198 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2