Citation, commencement and extent

1. —(1) This Order may be cited as the Homelessness (Suitability of Accommodation) (Amendment) (England) Order 2022 and comes into force on 1st June 2022.

(2) This Order extends to England and Wales.

Expiry

2.—(1) Article 4 of this Order expires on 1st June 2024;

(2) Article 5 of this Order expires on 1st June 2025.

Amendment of the Homelessness (Suitability of Accommodation) (England) Order 2003

3. —(1)The Homelessness (Suitability of Accommodation) (England) Order 2003( 2 ) is amended in accordance with paragraph (2).

(2) In article 2 (interpretation), at the end of the definition of “B&B accommodation”, insert “, or accommodation that is provided in a private dwelling” .

Modification of the Homelessness (Suitability of Accommodation) (England) Order 2003

4. —(1)The Homelessness (Suitability of Accommodation) (England) Order 2003 is to be read in accordance with the modifications in paragraph (2).

(2)Article 4 (exceptions to article 3) is to be read as if—

(a) in paragraph (1)(b), at the beginning, there were inserted “except where the applicant is a person falling within paragraph (3),”;

(b) after paragraph (2) there were inserted—

“ (3) A person falls within this paragraph if they—

(a) make an application to a local housing authority for assistance under Part 7 of the Housing Act 1996 on or after 1st June 2022,

(b) make that application within 2 years beginning with the date on which they arrive in the United Kingdom,

(c) are eligible for assistance under Part 7 of the Housing Act 1996, and

(d) did not have a right to occupy accommodation in the United Kingdom for an uninterrupted period of 6 months or more in the 3 years prior to the date on which they arrived in the United Kingdom. ” .

Modification of the Homelessness (Suitability of Accommodation) (England) Order 2012

5. —(1)The Homelessness (Suitability of Accommodation) (England) Order 2012( 3 ) is to be read in accordance with the modifications in paragraphs (2) and (3).

(2)Article 2 (matters to be taken into account in determining whether accommodation is suitable for a person) is to be read as if, at the beginning, there were inserted “Except where Article 2A applies,”.

(3) After article 2, there were inserted—

“ Certain recent arrivals to the United Kingdom: matters to be taken into account in determining whether accommodation is suitable for a person

2A. —(1) This article applies in respect of a person who—

(a) makes an application to a local housing authority for assistance under Part 7 of the Housing Act 1996 on or after 1st June 2022,

(b) makes that application within 2 years beginning with the date on which they arrive in the United Kingdom,

(c) is eligible for assistance under Part 7 of the Housing Act 1996, and

(d) did not have a right to occupy accommodation in the United Kingdom for an uninterrupted period of 6 months or more in the 3 years prior to the date on which they arrived in the United Kingdom.

(2) In determining whether accommodation is suitable for a person specified in paragraph (1), where the accommodation is situated outside the district of the local housing authority, the local housing authority must take into account the significance of any disruption which would be caused by the location of the accommodation to any caring responsibilities of the person or members of the person’s household for persons with whom there are family associations. ” .