C3 Part VII HomelessnessF5: England
Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2
Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7
Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13
Referral to another local housing authority
I1C1C2198 Referral of case to another local housing authority.
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.
F12...
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.
F22ZA
The conditions for referral of the case to another authority are also met if—
a
the application is made within the period of two years beginning with the date on which the applicant accepted an offer from the other authority under section 193(7AA) (private rented sector offer), and
b
neither the applicant nor any person who might reasonably be expected to reside with the applicant will run the risk of domestic violence in the district of the other authority.
F12A
But the conditions for referral mentioned in subsection (2) F3or (2ZA) 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) F4, (2ZA) 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.
F64A
Subsection (4) is to be construed, in a case where the other authority is an authority in Wales, as if the reference to “this Part” were a reference to Part 2 of the Housing (Wales) Act 2014.
5
The question whether the conditions for referral of a case F7which does not involve a referral to a local housing authority in Wales 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.
F85A
The question whether the conditions for referral of a case involving a referral to a local housing authority in Wales 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 and the Welsh Ministers may jointly 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 F9or, in the case of an order under subsection (5A), to the Secretary of State and the Welsh Ministers to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.
Words in Pt. VII title inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 4; S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)