The Homelessness (Priority Need and Intentionality) (Wales) Regulations 2022

Welsh Statutory Instruments

2022 No. 1069 (W. 225)

Housing, Wales

The Homelessness (Priority Need and Intentionality) (Wales) Regulations 2022

Made

19 October 2022

Coming into force

24 October 2022

The Welsh Ministers, in exercise of the powers conferred on them by sections 72(1)(c) and 78(1) of the Housing (Wales) Act 2014(1), make the following Regulations(2).

In accordance with section 72(3) of that Act, the Welsh Ministers have consulted associations representing councils of counties and county boroughs in Wales, and such other persons, as they consider appropriate, in relation to the amendment made by regulation 2 of these Regulations.

In accordance with section 142(3)(b)(i) and (ii) of that Act, a draft of these Regulations has been laid before, and approved by resolution of Senedd Cymru.

Title and coming into force

1.—(1) The title of these Regulations is the Homelessness (Priority Need and Intentionality) (Wales) Regulations 2022.

(2) These Regulations come into force on 24 October 2022.

Addition of further description of person having a priority need for accommodation under Part 2 of the Housing (Wales) Act 2014

2.  In section 70(1) of the Housing (Wales) Act 2014, after paragraph (j) insert—

“(k) a person—

(i) who is street homeless (within the meaning of section 71(2)), or

(ii) with whom a person who falls within sub-paragraph (i) might reasonably be expected to reside.”

Amendment of the Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015

3.  In regulation 2 of the Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015(3), after paragraph (j) insert—

“(k) a person—

(i) who is street homeless (within the meaning of section 71(2)), or

(ii) with whom a person who falls within sub-paragraph (i) might reasonably be expected to reside.”

Julie James

Minister for Climate Change, one of the Welsh Ministers

19 October 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing (Wales) Act 2014 (“the 2014 Act”) and the Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015 (“the 2015 Regulations”).

Regulation 2 amends the 2014 Act to specify a further description of a person as having a priority need for accommodation for the purposes of Chapter 2 of Part 2 of that Act. That Chapter places duties on local housing authorities to help people who are homeless or threatened with homelessness.

Regulation 3 makes a corresponding change to the Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff CF10 3NQ and on the Welsh Government’s website at www.gov.wales.

(1)

2014 anaw 7.

(2)

Section 72(1)(c) of the Housing (Wales) Act 2014 (anaw 7) is an order-making power and section 78(1) of that Act is a regulation-making power. This statutory instrument is made in the form of regulations as permitted under section 39(1) of the Legislation (Wales) Act 2019 (anaw 4).

(3)

S.I. 2015/1265 (W. 85).