Section 5: Responsibility as between housing authorities, Housing (Homeless Persons) Act 1977

A housing authority are not subject to a duty under section 4(5) above—

if they are of the opinion—

that neither the person who applied to them for accommodation or for assistance in obtaining accommodation nor any person who might reasonably be expected to reside with him has a local connection with their area, and

that the person who so applied or a person who might reasonably be expected to reside with him has a local connection with another housing authority's area, and

that neither the person who so applied nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that, housing authority's area, and

if they notify that authority—

that the application has been made, and

that they are of the opinion specified in paragraph (a) above.

In this Act "notifying authority" means a housing authority who give a notification under subsection (1) above and " notified authority" means a housing authority who receive such a notification.

It shall be the duty of the notified authority to secure that accommodation becomes available for occupation by the person to whom the notification relates if neither he nor any person who might reasonably be expected to reside with him has a local connection with the area of the notifying authority but the conditions specified in subsection (4) below are satisfied.

The conditions mentioned in subsection (3) above are—

that the person to whom the notification relates or some person who might reasonably be expected to reside with him has a local connection with the area of the notified authority, and

that neither he nor any such person will run the risk of domestic violence in that area.

In any other case it shall be the duty of the notifying authority to secure that accommodation becomes available for occupation by the person to whom the notification relates.

It shall also be the duty of the notifying authority to secure that accommodation is available for occupation by the person to whom notification relates until it is determined whether subsection (3) or (5) above applies to him.

Any question which falls to be determined under this section shall be determined by agreement between the notifying authority and the notified authority or, in default of such agreement, in accordance with the appropriate arrangements.

The appropriate arrangements for the purposes of this section are any such arrangements as the Secretary of State may by order direct.

An order under subsection (8) above may direct that the appropriate arrangements for the purposes of this section shall be—

arrangements agreed by any relevant authorities or associations of relevant authorities, or

in default of such agreement, any such arrangements as appear to the Secretary of State, after appropriate consultations, to be suitable.

No order under subsection (8) above shall be made unless a draft of the order has been approved by resolution of each House of Parliament.

For the purposes of this section a person runs the risk of domestic violence—

if he runs the risk of violence from any person with whom, but for the risk of violence, he might reasonably be expected to reside or from any person with whom he formerly resided, or

if he runs the risk of threats of violence from any such person which are likely to be carried out.

Section 5: Responsibility as between housing authorities

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