The Housing (Wales) Act 2014 (Commencement No. 3 and Transitory, Transitional and Saving Provisions) Order 2015

• Citation: S.I. 2015/1272 (W.)
• Sections: 61

Section 1 Title and interpretation

(1) The title of this Order is the Housing (Wales) Act 2014 (Commencement No. 3 and Transitory, Transitional, and Saving Provisions) Order 2015.

(2) In this Order “the Act” (“ y Ddeddf ”) means the Housing (Wales) Act 2014.

Section 2 Provisions coming into force on 27 April 2015

Subject to articles 4, 5, 6, 7 and 8, the appointed day for the provisions of the Act listed in the Schedule to come into force for the purposes specified (insofar as they are not already in force) is 27 April 2015.

Section 3 Provision coming into force on 1 July 2015

Subject to articles 4, 5 and 8, the appointed day for section 78 of the Act (deciding to have regard to intentionality) to come into force for all remaining purposes is 1 July 2015.

Section 4 Transitory, transitional and saving provisions

The following transitory, transitional and saving provisions have effect.

Section 5 Saving provision in relation to the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

(1) Notwithstanding the commencement of section 61 of, and Schedule 2 to, the Act, the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 continue to have effect (subject to any subsequent amendment or revocation) as if made under paragraph 1 of Schedule 2 to the Act.

(2) Insofar as the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 continue to have effect by virtue of paragraph (1), they do so subject to the following modifications—

(a) in regulation 5(1) the reference to “Part 7 of the 1996 Act” has effect as a reference to “section 66, 68, 73 or 75 of the Housing (Wales) Act 2014”; and

(b) in regulation 6(1) the reference to “Part 7 of the 1996 Act” has effect as a reference to “section 66, 68, 73 or 75 of the Housing (Wales) Act 2014”.

Section 6 Transitory modification to the Act

(1) This article comes in force on 27 April 2015.

(2) This article makes a transitory modification to section 75(2)(d) of the Act with effect until 1 July 2015.

(3) Until section 78 of the Act (deciding to have regard to intentionality) comes fully into force by virtue of article 3, section 75(2)(d) is to be read as if the words “if the authority is having regard to whether or not the applicant is homeless intentionally (see section 77)” were omitted.

Section 7 Transitional provision in relation to pending applications for accommodation or assistance

(1) This article comes in force on 27 April 2015.

(2) This article applies in relation to an applicant who has applied, before the 27 April 2015, to a local housing authority for accommodation or assistance in obtaining accommodation under Part 7 of the Housing Act 1996 .

(3) Notwithstanding articles 2 and 3, Part 7 of the Housing Act 1996 continues in force in relation to such applicants.

Section 8 Transitory modification to the Local Authority Social Services Act 1970

(1) This article makes a transitory modification to the Local Authority Social Services Act 1970 as it applies in Wales, with effect from 27 April 2015.

(2) Until Schedule 2 (social services functions) to the Social Services and Well-being (Wales) Act 2014 comes into force, Schedule 1 (social services functions) to the Local Authority Social Services Act 1970 is to be read in its application to Wales as if—

(a) the entry for the Housing Act 1996 were omitted;

(b) in place of that entry there is inserted:

Housing (Wales) Act 2014

Section 95(2), (3) and (4); but only where those functions apply by virtue of subsection (5)(b) of that section.

Section 1

Section 50 (duty to carry out a homelessness review and formulate a homelessness strategy) for all remaining purposes;

Section 2

Section 51 (homelessness reviews) for all purposes;

Section 3

Section 52 (homelessness strategies) for all purposes;

Section 4

Section 53 (overview of this chapter) for all purposes;

Section 5

Section 54 (application of key terms) for all purposes;

Section 6

Section 55 (meaning of homelessness and threatened homelessness) for all purposes;

Section 7

Section 56 (meaning of accommodation available for occupation) for all purposes;

Section 8

Section 57 (whether it is reasonable to continue to occupy accommodation) for all remaining purposes;

Section 9

Section 58 (meaning of abuse and domestic abuse) for all purposes;

Section 10

Section 59 (suitability of accommodation) for all remaining purposes;

Section 11

Section 60 (duty to provide information, advice and assistance in accessing help) for all purposes;

Section 12

Section 61 (eligibility for help under this chapter) for all purposes;

Section 13

Section 62 (duty to assess) for all purposes;

Section 14

Section 63 (notice of the outcome of assessment) for all purposes;

Section 15

Section 64 (how to secure or help to secure the availability of accommodation) for all remaining purposes;

Section 16

Section 65 (meaning of help to secure) for all purposes;

Section 17

Section 66 (duty to help to prevent an applicant from becoming homeless) for all purposes;

Section 18

Section 67 (circumstances in which the duty in section 66 ends) for all purposes;

Section 19

Section 68 (interim duty to secure accommodation for homeless applicants in priority need) for all purposes;

Section 20

Section 69 (circumstances in which the duty in section 68 ends) for all purposes;

Section 21

Section 70 (priority need for accommodation) for all purposes;

Section 22

Section 71 (meaning of vulnerable in section 70) for all purposes;

Section 23

Section 72 (power to amend or repeal provisions about priority need for accommodation) for all remaining purposes;

Section 24

Section 73 (duty to help to secure accommodation for homeless applicants) for all purposes;

Section 25

Section 74 (circumstances in which the duty in section 73 ends) for all purposes;

Section 26

Section 75(1), (2) and (4) (duty to secure accommodation for applicants in priority need when the duty in section 73 ends) for all purposes ;

Section 27

Section 76 (circumstances in which the duty in section 75 ends) for all purposes;

Section 28

Section 77 (meaning of intentionally homeless) for all purposes;

Section 29

Section 78(2) (deciding to have regard to intentionality) for the purposes of enabling a local housing authority to make a decision and to publish a notice of that decision ;

Section 30

Section 79 (further circumstances in which the duties to help applicants end) for all purposes;

Section 31

Section 80 (referral of case to another local housing authority) for all remaining purposes;

Section 32

Section 81 (local connection) for all remaining purposes;

Section 33

Section 82 (duties to applicant whose case is considered for referral or referred) for all purposes;

Section 34

Section 83 (cases referred from a local housing authority in England) for all purposes;

Section 35

Section 84 (notice that duties have ended) for all purposes;

Section 36

Section 85 (right to request review) for all purposes;

Section 37

Section 86 (procedure on review) for all remaining purposes;

Section 38

Section 87 (effect of a decision on review or appeal that reasonable steps were not taken) for all purposes;

Section 39

Section 88 (right of appeal to county court on point of law) for all purposes;

Section 40

Section 89 (appeals against refusal to accommodate pending appeal) for all purposes;

Section 41

Section 90 (charges) for all purposes;

Section 42

Section 91 (out-of-area placement) for all purposes;