UNITED KINGDOM STATUTORY INSTRUMENT
1998 No. 1578
HOUSING, ENGLAND AND WALES
The Homelessness (Decisions on Referrals) Order 1998
Made 25th June 1998
Coming into force 20th July 1998
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 section 198(5) and (6)(a) of the Housing Act 1996and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has been laid before and approved by resolution of each House of Parliament:
S-1
Citation and commencementCitation and commencement
1. This Order may be cited as the Homelessness (Decisions on Referrals) Order 1998 and shall come into force on the twenty eighth day after the day on which it is approved by resolution of each House of Parliament.
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Arrangements for deciding whether conditions for referral are satisfiedArrangements for deciding whether conditions for referral are satisfied
2. The arrangements set out in the Schedule to this Order are those agreed by the Local Government Association, the Welsh Local Government Association, the Association of London Government and the Convention of Scottish Local Authorities, and shall be the arrangements for the purposes of section 198(5) and (6)(a) of the Housing Act 1996.
Revocation of order
3.—(1) Subject to paragraph (2), the Housing (Homeless Persons) (Appropriate Arrangements) Order 1978(“the 1978 Order”) is hereby revoked.
(2) The 1978 Order shall remain in force for any case where a notified authority has received a notification under section 67(1) of the Housing Act 1985or section 198(1) of the Housing Act 1996 (referral to another local housing authority) prior to the date on which this Order comes into force.
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th June 1998
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
25th June 1998
SCHEDULE
Article 2
The arrangements
Appointment of person by agreement between notifying authority and notified authorityAppointment of person by agreement between notifying authority and notified authority
1. Where the question whether the conditions for referral of a case are satisfied has not been decided by agreement between the notifying authority and the notified authority, the question shall be decided by a person appointed by those authorities.
Appointment of person other than by agreement between notifying authority and notified authorityAppointment of person other than by agreement between notifying authority and notified authority
2. If within a period of 21 days commencing on the day on which the notified authority receives a notification under section 198(1) of the Housing Act 1996 a person has not been appointed in accordance with paragraph 1, the question shall be decided by a person—
(a) from the panel constituted in accordance with paragraph 3, and
(b) appointed in accordance with paragraph 4.
3.—(1) Subject to sub-paragraph (2), the Local Government Association shall establish and maintain a panel of persons from which a person may be appointed to decide the question whether the conditions for referral of a case are satisfied.
(2) The Local Government Association shall consult...
