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

Title and interpretation

1.—(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.

Provisions coming into force on 27 April 2015

2.  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.

Provision coming into force on 1 July 2015

3.  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.

Transitory, transitional and saving provisions

4.  The following transitory, transitional and saving provisions have effect.

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

5.—(1) Notwithstanding the commencement of section 61 of, and Schedule 2 to, the Act, the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014(1) 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”.

Transitory modification to the Act

6.—(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.

Transitional provision in relation to pending applications for accommodation or assistance

7.—(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(2).

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

Transitory modification to the Local Authority Social Services Act 1970

8.—(1) This article makes a transitory modification to the Local Authority Social Services Act 1970(3) 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(4) 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.

Co-operation and information sharing in relation to homeless persons and persons threatened with homelessness.”

Lesley Griffiths

The Minister for Communities and Tackling Poverty, one of the Welsh Ministers

21 April 2015