The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (Wales) Regulations 2006

Welsh Statutory Instruments

2006 No. 2800 (W.239)

HOUSING, WALES

The Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (Wales) Regulations 2006

Made

17 October 2006

Coming into force

20 October 2006

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by sections 2(2) and (4) and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 1996(1) and now vested in the National Assembly for Wales(2), makes the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (Wales) Regulations 2006, and they come into force on 20 October 2006.

(2) These Regulations apply to applications for grant made on or after 20 October 2006 to local housing authorities in Wales(3).

Amendments

2.  The Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996(4) are amended in accordance with the following regulations.

Regulation 2

3.  In regulation 2 (forms of application for grant)(5), in paragraph (1) after “Schedule” insert “or a form to the like effect”.

The Schedule

4.  The form set out in the Schedule is amended as set out in the Schedule to these Regulations.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6)

D. Elis-Thomas

The Presiding Officer of the National Assembly

17 October 2006

Regulation 4

SCHEDULE

1.  In the text preceding Part 1, for the words “qualifying park home” in each place in which they occur, substitute “caravan”.

2.  In question 1.7, for the words “a qualifying park home” substitute “a caravan”.

3.  In the table following question 2.1, for the words “Disabled adaptations to a qualifying houseboat or qualifying park home” substitute “Disabled adaptations to a qualifying houseboat or caravan”.

4.  In the first table following question 2.2, for the words “Adaptations to a house, flat, qualifying houseboat or qualifying park home” substitute “Adaptations to a house, flat, qualifying houseboat or caravan”.

5.  For note 5B, substitute—

“5B.  A “caravan” is defined in section 58. This expression—

(a) means a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968); and

(b) includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.”.

6.  In note 10, for the final sentence of the second paragraph, substitute—

• “The definition includes spouses and civil partners; persons who live together as husband and wife or as if they were civil partners; parents; grandparents; children; grandchildren; brothers; sisters; uncles; aunts; nephews; and nieces.”.

7.  In notes 19, 36A and 36B, for the words “qualifying park home” in each place in which they occur, substitute “caravan”.

8.  In note 49, for the first sentence substitute—

• “A partner is a person who lives with you as husband, wife, or civil partner, whether or not you are married to or a civil partner of that person.”.

9.  In note 90E, omit the words “married or unmarried” in each place in which they occur, and in paragraph (b) for “them” substitute “the couple”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 (S.I. 1996/2891) (“the principal Regulations”), which set out the prescribed form for applications for grant under Chapter 1 of Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”). The questions and notes in the prescribed form reflect the means test rules for grant applications contained in the Housing Renewal Grants Regulations 1996 (S.I. 1996/2890, as amended).

The amendments made by these Regulations apply by regulation 1 to applications for grant made on or after the date on which they come into force to local housing authorities in Wales. The amendment made by regulation 3 permits such authorities to use forms of their own design which have the same effect (and hence, because of regulation 3 of the principal Regulations, include all the same particulars) as the prescribed form set out in the Schedule to the principal Regulations.

By regulation 4 of these Regulations, that Schedule is amended (a) to reflect changes made to the Act by section 224 of the Housing Act 2004, substituting, for references to “qualifying park home” in the principal Regulations, references to “caravan”; and (b) to make changes consequential upon the creation of the new legal relationship of civil partnership by the Civil Partnerships Act 2004.

(1)

1996 c. 53.

(2)

The functions of the Secretary of State under these sections were transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry for this Act in Schedule 1 to that Order.

(3)

For the definition of “grant”, see section 1 of the Housing Grants, Construction and Regeneration Act 1996, as amended by paragraph 2 of Schedule 3 to the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860).

(4)

S.I. 1996/2891, amended by S.I. 1996/3119, S.I. 1997/978, S.I. 1998/809, S.I. 1999/1607, S.I. 1999/3470 (W. 56), S.I. 2000/1735 (W. 119), S.I. 2001/2071 (W. 143), S.I. 2001/4006 (W. 332), S.I. 2002/2799 (W. 267) and S.I. 2004/254 (W. 29).

(5)

Regulation 2 was substituted, in relation to Wales, by the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (Wales) Regulations 2004 (S.I. 2004/254).

(6)

1998 c. 38.