Homelessness Act 2002

10 Persons claiming to be homeless who are at risk of violence E+W

(1) In section 177 of the 1996 Act (cases when it is reasonable to continue to occupy accommodation)—

(a) in subsection (1), after “domestic violence” there is inserted “ or other violence ”; and

(b) for the words following paragraph (b) of subsection (1) there is substituted—

“(1A) For this purpose “violence” means—

(a) violence from another person; or

(b) threats of violence from another person which are likely to be carried out;

and violence is “domestic violence” if it is from a person who is associated with the victim.”

(2) In section 198 of the 1996 Act (conditions for referral of case to another local housing authority), for subsection (3) there is substituted—

“(2A) But the conditions for referral mentioned in subsection (2) are not met if—

(a) the applicant or any person who might reasonably be expected to reside with him has suffered violence (other than domestic violence) in the district of the other authority; and

(b) it is probable that the return to that district of the victim will lead to further violence of a similar kind against him.

(3) For the purposes of subsections (2) and (2A) “violence” means—

(a) violence from another person; or

(b) threats of violence from another person which are likely to be carried out;

and violence is “domestic violence” if it is from a person who is associated with the victim.”

Commencement Information

I1 S. 10 wholly in force at 30.9.2002; s. 10 not in force at Royal Assent see s. 20(1); s. 10 in force for E. at 31.7.2002 by S.I. 2002/1799, art. 2; s. 10 in force for W. at 30.9.2002 by S.I. 2002/1736, art. 2(1), Sch. Pt. 1