Homelessness Act 2002
A local housing authority in England (“the authority”) may from time to time—
carry out a homelessness review for their district; and
formulate and publish a homelessness strategy based on the results of that review.
The social services authority for the district of the authority (where that is a different local authority) shall give such assistance in connection with the exercise of the power under subsection (1) as the authority may reasonably require.
The authority shall exercise that power so as to ensure that the first homelessness strategy for their district is published within the period of twelve months beginning with the day on which this section comes into force.
The authority shall exercise that power so as to ensure that a new homelessness strategy for their district is published within the period of five years beginning with the day on which their last homelessness strategy was published.
A local housing authority in England shall take their homelessness strategy into account in the exercise of their functions.
A social services authority shall take the homelessness strategy for the district of a local housing authority into account in the exercise of their functions in relation to that district.
Nothing in subsection (5) or (6) affects any duty or requirement arising apart from this section.
For the purposes of this Act “homelessness review” means a review by a local housing authority of—
the levels, and likely future levels, of homelessness in their district;
the activities which are carried out for any purpose mentioned in subsection (2) (or which contribute to their achievement); and
the resources available to the authority, the social services authority for their district, other public authorities, voluntary organisations and other persons for such activities.
Those purposes are —
preventing homelessness in the district of the authority;
securing that accommodation is or will be available for people in the district who are or may become homeless;
providing support for people in the district—
who are or may become homeless; or
who have been homeless and need support to prevent them becoming homeless again.
A local housing authority shall, after completing a homelessness review—
arrange for the results of the review to be available at its principal office for inspection at all reasonable hours, without charge, by members of the public; and
provide (on payment if required by the authority of a reasonable charge) a copy of those results to any member of the public who asks for one.
For the purposes of this Act “homelessness strategy” means a strategy formulated by a local housing authority for—
preventing homelessness in their district;
securing that sufficient accommodation is and will be available for people in their district who are or may become homeless;
securing the satisfactory provision of support for people in their district—
who are or may become homeless; or
who have been homeless and need support to prevent them becoming homeless again.
A homelessness strategy may include specific objectives to be pursued, and specific action planned to be taken, in the course of the exercise of—
the functions of the authority as a local housing authority; or
the functions of the social services authority for the district.
A homelessness strategy may also include provision relating to specific action which the authority expects to be taken—
by any public authority with functions (not being functions mentioned in subsection (2)) which are capable of contributing to the achievement of any of the objectives mentioned in subsection (1); or
by any voluntary organisation or other person whose activities are capable of contributing to the achievement of any of those objectives.
The inclusion in a homelessness strategy of any provision relating to action mentioned in subsection (3) requires the approval of the body or person concerned.
In formulating a homelessness strategy the authority shall consider (among other things) the extent to which any of the objectives mentioned in subsection (1) can be achieved through action involving two or more of the bodies or other persons mentioned in subsections (2) and (3).
The authority shall keep their homelessness strategy under review and may modify it from time to time.
If the authority modify their homelessness strategy, they shall publish the modifications or the strategy as modified (as they consider most appropriate).
Before adopting or modifying a homelessness strategy the authority shall consult such public or local authorities, voluntary organisations or other persons as they consider appropriate.
In formulating or modifying a homelessness strategy, a local housing authority ... shall have regard to—
its current allocation scheme under section 166A of the Housing Act 1996,
its current tenancy strategy under section 150 of the Localism Act 2011, and
in the case of an authority that is a London borough council, the current London housing strategy.
The authority shall—
make a copy of everything published under section 1 or this section available at its principal office for inspection at all reasonable hours, without charge, by members of the public; and
provide (on payment if required by the authority of a reasonable charge) a copy of anything so published to any member of the public who asks for one.
In sections 1 to 3—
“homeless” and “homelessness” have the same meaning as in Part 7 of the Housing Act 1996 (c. 52) (in this Act referred to as “the 1996 Act”);
“support” means advice, information or assistance; and
“social services authority” means a local authority for the purposes of the Local Authority Social Services Act 1970 (c. 42) or Part 8 of the Social Services and Well-being (Wales) Act 2014;
“support” means advice, information or assistance; and
“voluntary organisation” has the same meaning as in section 180(3) of the 1996 Act.
The Housing Act 1996 is amended as follows.
In section 161 (allocation only to qualifying persons), for subsection (2A) there is substituted— This paragraph comes into force on the day on which this Act is passed.
In section 168(3) (information about allocation schemes), for the words from “notify” to the end there is substituted “ take such steps as they consider reasonable to bring the effect of the alteration to the attention of those likely to be affected by it ”.
In section 170 (co-operation between registered social landlords and local housing authorities), for “people with priority on the authority’s housing register” there is substituted “ people with priority under the authority’s allocation scheme ”.
district (of local housing authority) section 166(5)
In section 185 (persons from abroad not eligible for assistance under Part 7), for subsection (2A) there is substituted— This paragraph comes into force on the day on which this Act is passed.
In section 188(3) (interim duty to accommodate in case of apparent priority need), for “continue to secure” there is substituted “ secure ”.
In section 190(2)(b) and (3) (provision of advice and assistance), for “advice and such assistance as they consider appropriate in the circumstances” there is substituted “ (or secure that he is provided with) advice and assistance ”.
At the end of section 190 there is inserted—
In section 192(2) (provision of advice and assistance), for the words from “advice” to “circumstances” there is substituted “ (or secure that he is provided with) advice and assistance ”.
After subsection (3) of section 192 (as inserted by section 5(1) above) there is inserted—
In section 193 (duty to persons with priority need who are not homeless intentionally), after subsection (3) (as substituted by section 6 above) there is inserted—
In section 195 (duties in case of threatened homelessness)—
after subsection (3) there is inserted—;
in subsection (5), for the words from “furnish” to “circumstances” there is substituted “ provide him with (or secure that he is provided with) advice and assistance ”;
after subsection (5) there is inserted—; and
after subsection (7) (as inserted by paragraph (c) above) there is inserted—
In section 200 (cases considered for referral to another local housing authority)—
for subsections (3) and (4) there is substituted—; and
in subsection (5), for “continue to secure” there is substituted “ secure ”.
In section 202(1)(b) (right to request review of decision), for “to 197” there is substituted “ and 196 ”.
In section 204 (right of appeal to county court)—
after subsection (2) there is inserted—; and
in subsection (4), for “, they may continue to” there is substituted “ , or had the power under section 195(8) to do so, they may ”.
In section 205(2) (meaning of the authority’s “housing functions under this Part” in sections 206 to 209), for “those sections” there is substituted “ sections 206 and 208 ”.
For section 209 (discharge of duties through arrangements with private landlords) there is substituted—
“private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies);
In section 218 (index of defined expressions)—
in the entry for “housing functions under this Part”, for “206 to 209” there is substituted “ 206 and 208 ”; and
private landlord section 217(1)
In section 192 of the 1996 Act (duty to persons not in priority need who are not homeless intentionally), after subsection (2) there is inserted—
In section 195 of the 1996 Act (duties in cases of threatened homelessness), after subsection (8) (as inserted by paragraph 14 of Schedule 1) there is inserted—
For subsections (3) and (4) of section 193 of the 1996 Act (period for which main homelessness duty is owed to person with priority need) there is substituted—
Subsection (1) applies to a person who, immediately before the commencement of this section, is owed the duty under section 193 as it applies to a person who comes to be owed that duty after that commencement.
Section 194 of the 1996 Act (power to continue to secure accommodation after minimum period) shall cease to have effect.
Any person who, immediately before the commencement of this section, is a person in relation to whom a local housing authority are exercising their power under section 194 of the 1996 Act shall be treated at that commencement as a person to whom the authority owe the duty under section 193 of that Act.
Subsections (6) to (8) of section 193 of the 1996 Act (events which bring main homelessness duty to an end) are amended as follows.
In subsection (6), after paragraph (c) there is inserted—
Section 193 of the 1996 Act (events which bring main homelessness duty to an end) is amended in accordance with subsections (3) to (5).
For subsection (7) there is substituted—
After subsection (7A) (which is inserted by subsection (3) above) there is inserted—
In subsection (8), for “subsection (7)” there is substituted “ subsection (7F) ” and the words “of accommodation under Part VI” shall cease to have effect.
Nothing in this section affects the operation of section 193 in relation to an offer of accommodation under Part 6 which is made before the commencement of subsection (3) above.
In subsections (5) and (7)(a) of section 193 of the 1996 Act (cessation of main homelessness duty), after “of refusal” there is inserted “ and of his right to request a review of the suitability of the accommodation ”.
In section 202 of the 1996 Act (right to request review of decision)—
in paragraph (f) of subsection (1), at the end there is inserted “or as to the suitability of accommodation offered to him as mentioned in section 193(7)”; and
after that subsection there is inserted—
This section comes into force on the day on which this Act is passed.
Section 197 of the 1996 Act (duty where other suitable accommodation available) shall cease to have effect.
A person who, immediately before commencement, is a person to whom a local housing authority owe the duty under section 197(2) (instead of the duty under section 193 or 195) shall be treated at commencement as a person to whom the authority owe the duty under section 193 (the main homelessness duty) or, if at that time he is threatened with homelessness, section 195(2) (duty in case of threatened homelessness).
In subsection (2) “commencement” means the commencement of this section.
In section 177 of the 1996 Act (cases when it is reasonable to continue to occupy accommodation)—
in subsection (1), after “domestic violence” there is inserted “ or other violence ”; and
for the words following paragraph (b) of subsection (1) there is substituted—
In section 198 of the 1996 Act (conditions for referral of case to another local housing authority), for subsection (3) there is substituted—
After section 204 of the 1996 Act (appeal to county court on point of law) there is inserted—
After section 213 of the 1996 Act (co-operation between relevant housing authorities and bodies) there is inserted—
For subsections (5) and (6) of section 159 of the 1996 Act (application of Part 6 of that Act to existing secure and introductory tenants, to existing tenants of registered social landlords and to certain other tenants) there is substituted—
Local housing authorities are no longer required to maintain a housing register and, accordingly, sections 161 to 165 of the 1996 Act (the housing register) shall cease to have effect.
After section 160 of the 1996 Act (cases where provisions about allocations do not apply) there is inserted—
Any person— shall be treated at commencement as a person who has applied to the authority concerned for an allocation of housing accommodation.
who is on a housing register immediately before commencement; or
whose application to be put on a housing register has not been determined before commencement,
In subsection (3) “commencement” means the commencement of this section.
For section 166 (information about housing register) there is substituted—
Section 167 of the 1996 Act (allocation in accordance with allocation scheme) is amended as follows.
After subsection (1) there is inserted—
For subsection (2) there is substituted—
After subsection (4) there is inserted—
The reference to the 1996 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by this Act.
Subsection (1) does not affect the power to make further Orders varying or omitting that reference.
Schedule 1 (which contains minor and consequential amendments) has effect.
Schedule 2 (which contains repeals) has effect.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
The preceding provisions of this Act (and the Schedules), other than section 8 and paragraphs 3 and 7 of Schedule 1, come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
The Secretary of State may by order made by statutory instrument make such transitional provisions and savings as he considers appropriate in connection with the coming into force of any provision of this Act.
The powers conferred by subsection (1) and (2) are exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State).
Nothing in this Act affects the operation of section 216(2) of the 1996 Act in relation to persons who applied for accommodation or assistance in obtaining accommodation before the commencement of Part 7 of that Act.
This Act may be cited as the Homelessness Act 2002.
This Act extends to England and Wales only.
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
The power to make such an order is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Section 18(1)
“local housing authority” and “district” have the same meaning as in the Housing Act 1985 (c. 68);
In section 106(6) of the Housing Act 1985 (information about housing allocation not required in cases provided for by Part 6 of the 1996 Act), for “sections 166 and” there is substituted “ section ”.
Section 18(2) Short title and chapter Extent of repeal Housing Act 1985 (c. 68) In section 106(6), the words “housing registers and”. Housing Act 1996 (c. 52) Sections 161 to 165. In section 174, the entries for “housing register” and “qualifying person”. Section 191(4). In section 193, in subsection (1), the words from “This section” to the end and, in subsection (8), the words “of accommodation under Part VI”. Section 194. In section 195, in subsection (2), the words from “This subsection” to the end and, in subsection (4), the words from “and section” to “duty)”. Section 196(4). Section 197. In section 198(1), the words from “The authority” to the end. In section 200(5), the words “(3) or (4)”. In section 205(1), the entry relating to section 207. Section 207. In section 218, the entry for “minimum period”. Immigration and Asylum Act 1999 (c. 33) Section 117(3) and (4).