Search Legislation

Housing Act 1996

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Referral to another local housing authority

 Help about opening options

Version Superseded: 31/10/2009

Status:

Point in time view as at 07/09/2009.

Changes to legislation:

Housing Act 1996, Cross Heading: Referral to another local housing authority is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Referral to another local housing authorityE+W

198 Referral of case to another local housing authority.E+W

(1)If the local housing authority would be subject to the duty under section 193 (accommodation for those with priority need who are not homeless intentionally) but consider that the conditions are met for referral of the case to another local housing authority, they may notify that other authority of their opinion.

F1...

(2)The conditions for referral of the case to another authority are met if—

(a)neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

(b)the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and

(c)neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other district.

[F2(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.]

(4)The conditions for referral of the case to another authority are also met if—

(a)the applicant was on a previous application made to that other authority placed (in pursuance of their functions under this Part) in accommodation in the district of the authority to whom his application is now made, and

(b)the previous application was within such period as may be prescribed of the present application.

(5)The question whether the conditions for referral of a case are satisfied shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order.

(6)An order may direct that the arrangements shall be—

(a)those agreed by any relevant authorities or associations of relevant authorities, or

(b)in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

(7)No such order shall be made unless a draft of the order has been approved by a resolution of each House of Parliament.

Textual Amendments

F1Words in s. 198(1) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F2S. 198(2A)(3) substituted for s. 198(3) (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 10(2) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C1Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C2S. 198 modified (temp.) (6.12.1999) by S.I. 1999/3126, arts. 3, 7

Commencement Information

I1S. 198 wholly in force 20.1.1997: s. 198 not in force at Royal Assent, see s. 232(1)-(3); s. 198(4)-(7) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 198 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

199 Local connection.E+W

(1)A person has a local connection with the district of a local housing authority if he has a connection with it—

(a)because he is, or in the past was, normally resident there, and that residence is or was of his own choice,

(b)because he is employed there,

(c)because of family associations, or

(d)because of special circumstances.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Residence in a district is not of a person’s own choice if—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he, or a person who might reasonably be expected to reside with him, becomes resident there because he is detained under the authority of an Act of Parliament.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Secretary of State may by order specify F6... circumstances in which—

(a)a person is not to be treated as employed in a district, or

(b)residence in a district is not to be treated as of a person’s own choice.

[F7(6)A person has a local connection with the district of a local housing authority if he was (at any time) provided with accommodation in that district under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers).

(7)But subsection (6) does not apply—

(a)to the provision of accommodation for a person in a district of a local housing authority if he was subsequently provided with accommodation in the district of another local housing authority under section 95 of that Act, or

(b)to the provision of accommodation in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (use of accommodation centres for section 95 support).]

Textual Amendments

F3S. 199(2) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(a), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2

F4S. 199(3)(a) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(b), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2

F5S. 199(4) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(c), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2; and words in s. 199(4) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), Sch. 16 para. 139; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F6Word in s. 199(5) repealed (1.12.2008 for E., 30.3.2009 for W. for specified purposes) by Housing and Regeneration Act 2008 (c. 17), ss. 315(d), 325(1), Sch. 16; S.I. 2008/3068, arts. 4(10), 5, Sch. (with arts. 6-13); S.I. 2009/773, art. 2

Modifications etc. (not altering text)

C3S. 199 excluded (3.4.1997) by S.I. 1997/797, art. 2(1)(3)(b)

S. 199 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

Commencement Information

I2S. 199 in force 20.1.1997: s. 199 not in force at Royal Assent, see s. 232(1)-(3); s. 199(5) in force at 1.10.1996 by S.I. 1996/2402, art. 3 (with transitional provisions and savings in the Sch.); s. 199 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

200 Duties to applicant whose case is considered for referral or referred.E+W

(1)Where a local housing authority notify an applicant that they intend to notify or have notified another local housing authority of their opinion that the conditions are met for the referral of his case to that other authority—

(a)they cease to be subject to any duty under section 188 (interim duty to accommodate in case of apparent priority need), and

(b)they are not subject to any duty under section 193 (the main housing duty),

but they shall secure that accommodation is available for occupation by the applicant until he is notified of the decision whether the conditions for referral of his case are met.

(2)When it has been decided whether the conditions for referral are met, the notifying authority shall notify the applicant of the decision and inform him of the reasons for it.

The notice shall also inform the applicant of his right to request a review of the decision and of the time within which such a request must be made.

[F8(3)If it is decided that the conditions for referral are not met, the notifying authority are subject to the duty under section 193 (the main housing duty).

F8(4)If it is decided that those conditions are met, the notified authority are subject to the duty under section 193 (the main housing duty).]

(5)The duty under subsection (1), F9... ceases as provided in that subsection even if the applicant requests a review of the authority’s decision (see section 202).

The authority may [F10secure] that accommodation is available for the applicant’s occupation pending the decision on a review.

(6)Notice required to be given to an applicant under this section shall be given in writing and, if not received by him, shall be treated as having been given to him if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Textual Amendments

F8S. 200(3)(4) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 15(a) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F9Words in s. 200(5) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

F10Word in s. 200(5) substituted (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 18(1), Sch. 1 para. 15(b) (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C4Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

201 Application of referral provisions to cases arising in Scotland.E+W

Sections 198 and 200 (referral of application to another local housing authority and duties to applicant whose case is considered for referral or referred) apply—

(a)to applications referred by a local authority in Scotland in pursuance of sections 33 and 34 of the M1Housing (Scotland) Act 1987, and

(b)to persons whose applications are so transferred,

as they apply to cases arising under this Part (the reference in section 198 to this Part being construed as a reference to Part II of that Act).

Modifications etc. (not altering text)

C5Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources