Regulation 2 of these Regulations makes consequential amendments to article 3 of, and Schedule 2 to, the Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996 (“the 1996 Order”). These amendments are consequential upon the implementation of Part 2 of the Housing (Wales) Act 2014 (“the 2014 Act”).

The 1996 Order provides that local housing authorities have powers to contract out of their functions relating to the allocation of housing and homelessness, subject to the exclusion of certain functions.

Article 3 of the 1996 Order provides that a local housing authority may contract out of their homelessness functions under Part 7 of the Housing Act 1996 (“the 1996 Act”), except for those listed in Schedule 2 to the 1996 Order.

The effect of these Regulations is to amend article 3 of the 1996 Order so that Chapter 2 of Part 2 of the Housing (Wales) Act 2014 is added to the homelessness functions that may be contracted out. Schedule 2 is amended to add section 95 (co-operation) of the 2014 Act to the functions that are excluded from contracting out. This means that local housing authorities will continue to have the power to contract out of their homelessness functions in Chapter 2 of Part 2 of the 2014 Act, when it is in force, unless the function is one listed in Schedule 2 to the 1996 Order.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this instrument. These Regulations relate to the implementation of Part 2 of the 2014 Act. An impact assessment relating to that Part as well as an overarching impact assessment of the whole Act has been carried out and a copy may be obtained from the Housing Policy Division, Welsh Government, Rhydycar Business Park, Merthyr Tydfil, CF48 1UZ.