Statutory Instruments
2003 No. 3326
HOUSING, ENGLAND
The Homelessness (Suitability of Accommodation) (England) Order 2003
Made
19th December 2003
Laid before Parliament
23rd December 2003
Coming into force
1st April 2004
The First Secretary of State, in exercise of the powers conferred upon him by sections 210(2)(a) and 215(2) of the Housing Act 1996( 1 ) hereby makes the following Order:
Citation, commencement and application
1. —(1) This Order may be cited as the Homelessness (Suitability of Accommodation) (England) Order 2003 and shall come into force on 1st April 2004.
(2) This Order applies in relation to the duties of local housing authorities in England to make accommodation available for occupation by applicants under Part 7 of the Housing Act 1996.
Interpretation
2. In this Order—
“applicant with family commitments” means an applicant—
(a)
who is pregnant;
(b)
with whom a pregnant woman resides or might reasonably be expected to reside; or
(c)
with whom dependent children reside or might reasonably be expected to reside;
“B&B accommodation” means accommodation (whether or not breakfast is included)—
(a)
which is not separate and self-contained premises; and
(b)
in which any one of the following amenities is shared by more than one household—
(i)
a toilet;
(ii)
personal washing facilities;
(iii)
cooking facilities,
but does not include accommodation which is owned or managed by a local housing authority, a registered social landlord or a voluntary organisation as defined in section 180(3) of the Housing Act 1996; and
any reference to a numbered section is a reference to a section of the Housing Act 1996.
Accommodation unsuitable where there is a family commitment
3. Subject to the exceptions contained in article 4, B&B accommodation is not to be regarded as suitable for an applicant with family commitments where accommodation is made available for occupation—
(a) under section 188(1), 190(2), 193(2) or 200(1); or
(b) under section 195(2)( 2 ), where the accommodation is other than that occupied by the applicant at the time of making his application.
Exceptions
4. —(1) Article 3 does not apply—
(a) where no accommodation other than B&B accommodation is available for occupation by an applicant with family commitments; and
(b) the applicant occupies B&B accommodation for a period, or a total of periods, which does not exceed 6 weeks.
(2) In calculating the period, or total period, of an applicant’s occupation of B&B accommodation for the purposes of paragraph (1)(b), there shall be disregarded—
(a) any period before 1st April 2004; and
(b) where a local housing authority is subject to the duty under section 193 by virtue of section 200(4)( 3 ), any period before that authority became subject to that duty.
Signed by authority of the First Secretary of State
Jeff Rooker
Minister of State,
Office of the Deputy Prime Minister
19th December 2003
( 1 )
1966 c. 52 . The functions of the Secretary of State under section 210 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672 ), article 2, see the entry in Schedule 1 for the Housing Act 1996.
( 2 )
Section 195(2) was amended by Schedule 2 to the Homelessness Act 2002 (c. 7) .
( 3 )
Section 200(4) was substituted by paragraph 15 of Schedule 1 to the Homelessness Act 2002.