Allocation of Housing and Homelessness (Review Procedures) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/71 |
| Year | 1999 |
1999 No. 71
HOUSING, ENGLAND AND WALES
The Allocation of Housing and Homelessness (Review Procedures) Regulations 1999
Made 14th January 1999
Laid before Parliament 21th January 1999
Coming into force 11th February 1999
The Secretary of State for the Environment, Transport and the Regions, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 165(1), (2) and (5) and 203(1), (2) and (7) of the Housing Act 19961and of all other powers enabling them in that behalf, hereby make the following Regulations:
PART I
General
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 and shall come into force on 11th February 1999.
(2) In these Regulations–
“the authority” means the local housing authority which has made the decision whose review under section 164 or 202 has been requested;
“the Decisions on Referrals Order” means the Homelessness (Decisions on Referrals) Order 19982;
“the reviewer” means–
(a) where the original decision falls within section 202(1)(a), (b), (c), (e) or (f), the authority;
(b) where the original decision falls within section 202(1)(d) (a decision under section 198(5) whether the conditions are met for referral of a case)–
(i) the notifying authority and the notified authority, where the review is carried out by those authorities;
(ii) the person appointed to carry out the review in accordance with regulation 7, where the case falls within that regulation.
(3) In these Regulations, references to sections are references to sections of the Housing Act 1996.
Who is to make the decision on the review
2. Where the decision of the authority on a review of an original decision made by an officer of the authority is also to be made by an officer, that officer shall be someone who was not involved in the original decision and who is senior to the officer who made the original decision.
PART II
The Housing Register
Notification of review procedure
3. Following a duly made request for a review under section 164, the authority shall–
(a) notify the person concerned that he, or someone acting on his behalf, may make representations in writing to the authority in connection with the review; and
(b) if they have not already done so, notify the person concerned of the procedure to be followed in connection with the review.
Procedure on a review
4. The authority shall, subject to compliance with the provisions of regulation 5, consider any representations made under regulation 3.
Notification of the decision on a review
5. The period within which the authority shall notify the person concerned of the decision on a review under section 164 is eight weeks from the day on which the request for a review is made to the authority or such longer period as the authority and the person concerned may agree in writing.
PART III
Homelessness
Request for a review and notification of review procedure
6.—(1) A request for a review under section 202 shall be made–
(a)
(a) to the authority, where the original decision falls within section 202(1)(a), (b), (c), (e) or (f);
(b)
(b) to the notifying authority, where the original decision falls within section 202(1)(d) (a decision under section 198(5) whether the conditions are met for referral of a case).
(2) Except where a case falls within regulation 7, the authority to whom a request for a review under section 202 has been made shall–
(a)
(a) notify the applicant that he, or someone acting on his behalf, may make representations in writing to the authority in connection with the review; and
(b)
(b) if they have not already done so, notify the applicant of the procedure to be followed in connection with the review.
(3) Where a case falls within regulation 7, the person appointed in accordance with that regulation shall–
(a)
(a) notify the applicant that he, or someone acting on his behalf, may make representations in writing to that person in connection with the review; and
(b)
(b) notify the applicant of the procedure to be followed in connection with the review.
Initial procedure where the original decision was made under the Decisions on Referrals Order
7.—(1) Where the original decision under section 198(5) (whether the conditions are met for the referral of the case) was made under the Decisions on Referrals Order, a review of that decision shall, subject to paragraph (2), be carried out by a person appointed by the notifying authority and the notified authority.
(2) If a person is not appointed in accordance with paragraph (1) within five working days from the day on which the request for a review is made, the review shall be carried out by a person–
(a)
(a)...
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