PART 7

Miscellaneous and general

Homelessness

Homelessness: victims of domestic abuse
78
1
Part 7 of the Housing Act 1996 (homelessness: England) is amended as follows.
2
In section 177 (whether it is reasonable to continue to occupy accommodation)—
a
in subsection (1), for “domestic violence or other violence” substitute “violence or domestic abuse”;
b
for subsection (1A) substitute—
1A
For this purpose—
a
“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
b
“violence” means—
i
violence from another person; or
ii
threats of violence from another person which are likely to be carried out.
3
Omit section 178 (meaning of associated person).
4
In section 179 (duty of local housing authority in England to provide advisory services), in subsection (5)—
a
for the definition of “domestic abuse” substitute—
- “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
;
b
omit the definition of “financial abuse”.
5
In section 189 (priority need for accommodation)—
a
in subsection (1), after paragraph (d) insert—
e
a person who is homeless as a result of that person being a victim of domestic abuse.
;
b
after subsection (4) insert—
5
In this section “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.
6
In section 198 (referral of case to another local housing authority)—
a
in subsection (2), in paragraph (c), for “domestic violence” substitute “domestic abuse”;
b
in subsection (2ZA), in paragraph (b), for “domestic violence” substitute “domestic abuse”;
c
in subsection (2A), in paragraph (a), for “domestic violence” substitute “violence that is domestic abuse”;
d
for subsection (3) substitute—
3
For the purposes of subsections (2), (2ZA) and (2A)—
a
“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
b
“violence” means—
i
violence from another person; or
ii
threats of violence from another person which are likely to be carried out.
7
In section 218 (index of defined expressions: Part 7), in the table, omit the entry relating to section 178.
8
In article 6 of the Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051) (vulnerability: fleeing violence or threats of violence)—
a
the existing text becomes paragraph (1);
b
after that paragraph insert—
2
For the purposes of this article—
a
“violence” does not include violence that is domestic abuse;
b
“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.
9
In consequence of the repeal made by subsection (3), omit the following provisions—
a
in Schedule 8 to the Civil Partnership Act 2004, paragraph 61;
b
in Schedule 3 to the Adoption and Children Act 2002, paragraphs 89 to 92.