The Homelessness (Wales) Regulations 2000

Welsh Statutory Instruments

2000 No. 1079 (W. 72)

HOUSING, WALES

The Homelessness (Wales) Regulations 2000

Made

30th March 2000

Coming into force

1st April 2000

The National Assembly for Wales makes the following Regulations in exercise of the powers given to the Secretary of State by sections 185(2) and (3), 194(6) and 198(4) of the Housing Act 1996 (1) which are now vested in the National Assembly so far as exercisable in Wales (2).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Homelessness (Wales) Regulations 2000 and shall come into force on 1st April 2000.

(2) These Regulations apply to Wales only.

Eligibility for housing assistance

2.  Regulations 3, 4, 5 and 6 of the Homelessness (England) Regulations (3) shall have effect in Wales and expressions used in those Regulations shall have the meaning given to them by Regulation 2 of those Regulations.

Revocation

3.  The following Regulations are revoked in relation to Wales –

(a) The Homelessness Regulations 1996 (4);

(b) Regulations 4 and 5 of the Allocation of Housing and Homelessness (Amendment) Regulations 1997 (5);

(c) Regulation 3 of the Allocation of Housing and Homelessness (Amendment) (No.2) Regulations 1997(6).

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 (7).

D. Elis Thomas

The Presiding Officer of the National Assembly

30th March 2000

Explanatory Note

(This note does not form part of the Regulations)

A person who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is not eligible for housing assistance under Part VII of the Housing Act 1996 (homelessness) unless he is of a class prescribed in relation to Wales by the National Assembly for Wales (section 185(2)). The National Assembly for Wales may make provision as to other descriptions of persons who are to be treated for the purposes of Part VII as persons from abroad who are ineligible for housing assistance (section 185(3)).

Under section 194 of the Housing Act 1996 a local housing authority may give notice that they propose to cease exercising their power to secure accommodation under that section. Such notice must be given not less than the prescribed period before the day specified in it.

Under section 198 of the Housing Act 1996 one of the conditions for referral of a homelessness case to another authority is that the applicant was placed in accommodation in the district of the authority to whom his application is now made pursuant to a previous application made within a prescribed period to that other authority.

The Homelessness (England) Regulations 2000 prescribe classes of persons for the purpose of section 185(2), make provision for descriptions of persons for the purpose of section 185(3), prescribe the period for the purpose of section 194 and prescribe the period for the purpose of section 198.

These Regulations provide for those provisions of the Homelessness (England) Regulations 2000 to have effect in Wales, and revoke in relation to Wales the Homelessness Regulations 1996 and Regulations which amended them.

(1)

1996 c. 52.

(2)

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

S.I. 2000 /701.

(4)

S.I. 1996/2754; amended by S.I. 1997/631 and S.I. 1997/2046.

(5)

S.I. 1997/631.

(6)

S.I. 1997/2046.

(7)

1998 c. 38.