The Homelessness Act 2002 (Commencement No. 2 and Transitional Provisions) (England) Order 2002

Statutory Instruments

2002 No. 2324 (C. 76)

HOUSING, ENGLAND

The Homelessness Act 2002 (Commencement No. 2 and Transitional Provisions) (England) Order 2002

Made

10th September 2002

The Secretary of State, in exercise of the powers conferred upon him by section 20(1) and (2) of the Homelessness Act 2002(1) hereby makes the following Order:

Citation and extent

1.—(1) This Order may be cited as the Homelessness Act 2002 (Commencement No. 2 and Transitional Provisions) (England) Order 2002.

(2) This Order extends to England only.

Interpretation

2.  In this Order, references to sections and Schedules are, unless otherwise stated, references to sections of and Schedules to the Homelessness Act 2002.

Commencement

3.  Subject to article 4, the following provisions shall come into force on 30th September 2002—

• section 11, and

• section 18(1) in so far as it relates to paragraph 17(a) of Schedule 1.

Transitional Provisions

4.  The amendments made to the Housing Act 1996(2) by—

• section 11, and

• section 18(1) in so far as it relates to paragraph 17(a) of Schedule 1

shall not have effect in any case where an appeal is brought under section 204(1) of that Act before 30th September 2002.

Signed by authority of the First Secretary of State

Barbara Roche

Minister of State,

Office of the Deputy Prime Minister

10th September 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force, on 30th September 2002, the following provisions of the Homelessness Act 2002 in relation to England:

• section 11;

• section 18(1) in so far as it applies to paragraph 17(a) of Schedule 1.

Section 11 inserts a new section 204A in the Housing Act 1996 conferring a new right on a homeless applicant to appeal to the county court against a decision of the local housing authority under section 204(4) of that Act (power to accommodate pending appeal to county court under section 204).

Paragraph 17(a) of Schedule 1 amends section 204 of that Act to enable the county court to extend the period of 21 days allowed for an appeal under that section against a local housing authority’s decision on a homelessness application.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by a commencement order made before the date of this Order.

Provision	Date of Commencement	S.I. No.
ss. 1 to 7	31st July 2002	2002/1799 (c. 56)
ss. 9 and 10
s. 12	1st October 2002
s. 18(1) (partially)	31st July 2002
s. 18(2) (partially)
s. 19

(1)

2002 c. 7. The powers conferred by section 20(1) and (2) are exercisable as respects Wales by the National Assembly for Wales (see section 20(3) of the Homelessness Act 2002).

(2)

1996 c. 52.