Section 198: Referral of case to another local housing authority., Housing Act 1996

If the local housing authority would be subject to the duty under section 189B (initial duty owed to all eligible persons who are homeless) but consider that the conditions are met for referral of the case to another local housing authority in England, they may notify that other authority of their opinion.

The conditions for referral of the case to another authority are met if—

neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and

neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic abuse in that other district.

The conditions for referral of the case to another authority are also met if—

the application is made within the period of two years beginning with the date on which the applicant accepted an offer from the other authority under section 193(7AA) (private rented sector offer), and

neither the applicant nor any person who might reasonably be expected to reside with the applicant will run the risk of domestic abuse in the district of the other authority.

But the conditions for referral mentioned in subsection (2) or (2ZA) are not met if—

the applicant or any person who might reasonably be expected to reside with him has suffered violence (other than violence that is domestic abuse) in the district of the other authority; and

it is probable that the return to that district of the victim will lead to further violence of a similar kind against him.

For the purposes of subsections (2), (2ZA) and (2A)—

"domestic abuse" has the meaning given by section 1 of the Domestic Abuse Act 2021;

"violence" means—

violence from another person; or

threats of violence from another person which are likely to be carried out.

The conditions for referral of the case to another authority are also met if—

the applicant was on a previous application made to that other authority placed (in pursuance of their functions under this Part) in accommodation in the district of the authority to whom his application is now made, and

the previous application was within such period as may be prescribed of the present application.

Subsection (4) is to be construed, in a case where the other authority is an authority in Wales, as if the reference to "this Part" were a reference to Part 2 of the Housing (Wales) Act 2014.

The question whether the conditions for referral of a case which does not involve a referral to a local housing authority in Wales are satisfied shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order.

The question whether the conditions for referral of a case involving a referral to a local housing authority in Wales shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State and the Welsh Ministers may jointly direct by order.

An order may direct that the arrangements shall be—

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

in default of such agreement, such arrangements as appear to the Secretary of State or, in the case of an order under subsection (5A), to the Secretary of State and the Welsh Ministers to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

An order under this section shall not be made unless a draft of the order has been approved by a resolution of each House of Parliament and, in the case of a joint order, a resolution of the National Assembly for Wales .

Section 198: Referral of case to another local housing authority.

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