Housing (Homeless Persons) (Appropriate Arrangements) Order 1978
| Jurisdiction | UK Non-devolved |
1978 No. 69
HOUSING, ENGLAND AND WALES
The Housing (Homeless Persons) (Appropriate Arrangements) Order 197820thJanuary 1978
21stJanuary 1978
The Secretary of State for the Environment as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by section 5(8), (9)(a) and (10) of the Housing (Homeless Persons) Act 1977(a), and of all other powers enabling them in that behalf, hereby make the following order in the terms of a draft approved by resolution of each House of Parliament:—
Title and commencement
1. This order may be cited as the Housing (Homeless Persons) (Appropriate Arrangements) Order 1978 and shall come into operation on the day following the day on which it is made.
Interpretation
2.—(1) The Interpretation Act 1889(b) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.
(2) In this order "the Act" means the Housing (Homeless Persons) Act 1977.
(3) In this order references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment.
Appropriate Arrangements
3.—(1) Where neither the notifying authority nor the notified authority is a housing authority in Scotland, the appropriate arrangements for the purposes of section 5 of the Act shall be the arrangements set out in the Schedule to this order, which are arrangements agreed by the associations of relevant authorities specified in paragraph (2) below.
(a) 1977 c. 48.
(b) 1889 c. 63.
(2) The associations of relevant authorities mentioned in paragraph (1) above are—
(a) the Association of District Councils,
(b) the Association of Metropolitan Authorities, and
(c) the London Boroughs Association.
Article 3
SCHEDULE
APPROPRIATE ARRANGEMENTS
Panel of persons who may be appointed
1. The Association of District Councils, the Association of Metropolitan Authorities and the London Boroughs Association shall draw up and from time to time revise a panel of persons who may be appointed under paragraph 5 below to determine questions falling to be determined under section 5 of the Act.
Proper Officers
2.—(1) The proper officer for the purposes of paragraphs 4 and 5 below shall be—
(a) in relation to the council of a non-metropolitan district, the Chairman of the Association of District Councils;and
(b) in relation to any other housing authority in England or Wales except the council of a London borough and the Common Council of the City of London, the Chairman of the Association of Metropolitan Authorities, and in relation to the council of a London borough and to the Common Council of the City of London, the Chairman of the London Boroughs Association.
(2) In the case of the absence or incapacity of the Chairman of any association mentioned in sub-paragraph (1) above his functions under paragraph 5 below shall be exercised by, and any report under paragraph 4 below may be made to, a person nominated in that behalf by that association.
Determination by person agreed upon by authorities
3.—(1) If—
(a) before the end of the period of 21 days following—
(i) the day on which a notification under section 5(1) of the Act is received by the notified authority, or
(ii) the day on which the Housing (Homeless Persons) (Appropriate Arrangements) Order 1978 came into operation,
whichever is the later, or
(b) after the end of that period but before a person has been appointed under paragraph 5 below to determine the question,
any question which falls to be determined under section 5 of the Act in relation to that notification has not been determined by...
To continue reading
Request your trial