DUTIES OF HOUSING AUTHORITIES TO HOMELESS PERSONS AND PERSONS THREATENED WITH HOMELESSNESS (Hansard, 8 July 1977)

§ Mr. Rossi
On a point of order, Mr. Deputy Speaker. Will you be putting the sub-amendments to Amendment No. 28?

Mr. Deputy Speaker
Yes, if they are moved.

§ Mr. Rossi
In that case, I do not wish to move the sub-amendments. I beg formally to move Amendment No. 28, in page 3, line 25, leave out subsections (2) and (3) and insert— '(2) Where—

(a)they are not satisfied that he has a priority need, or

(b)they are satisfied that he has a priority need but are also satisfied—

(i) that he became homeless or threatened with homelessness intentionally, or

(ii) that it is probable that he will be able with advice and appropriate assistance, himself to secure that accommodation becomes or does not cease to be available for his occupation,
their duty is to furnish him with advice and appropriate assistance. (2A) Where—

(a)they are satisfied that a person who has applied to them for accommodation or for assistance in obtaining accommodation is homeless, and

(b)they are subject to a duty towards him by virtue of subsection (2)(b) above, they shall secure that accommodation is made available for his occupation for such period as they consider appropriate.
(2B) Where they are satisfied that he has a priority need and are also satisfied—

(a)that he did not become homeless or threatened with homelessness intentionally, and

(b)that it is not probable that he will be able, even with advice and appropriate assistance, himself to secure that accommodation becomes or does not cease to be available for his occupation,
their duty is to secure that accommodation becomes or does not cease to be available for his occupation (2C) A housing authority may perform their duty to a person under subsection (2B) above by making available accommodation held by them under Part V of the Housing Act 1957 or Part VII of the Housing (Scotland) Act 1966 or under any other enactment or by securing that he obtains accommodation from some other person or retains his existing accommodation. (2D) Where a housing authority would otherwise be under a duty by virtue of subsection (2B) above but are satisfied that he was not normally resident in their area prior to his application or that there is some other area with which he has a special connection by reason of family ties or employment, they may notify the making of the application to the housing authority of the area in which it appears to them that he was so resident or with which he has such a special connection. (2E) It shall be the duty of an authority receiving a notification under subsection (2D) above on being satisfied that the applicant was normally resident in their area prior to his application or had some special connection with their area by reason of family ties or 1705 employment to secure that accommodation becomes available for his occupation as if the application under Section 2(1) has been made to them in the first instance. (2F) Upon an authority receiving a notification and becoming under a duty by virtue of subsections (2D) and (2E) above the authority giving the notification shall cease to be under a duty to secure that accommodation becomes available for the applicants occupation. (2G) In the event of there being disagreement between the authority giving and the authority receiving the notification as to the area in which the applicant is normally resident or with which he had some special connection by reason of family ties or employment and accordingly as to which authority is to secure that accommodation becomes available such questions (including questions as to what constitutes normal residence or special connections) shall be determined in accordance with arrangements to be made between housing authorities generally or in default of such arrangements as provided by general guidance given by the Secretary of State under section 7 of this Act. (2H) Until any disagreement between authorities is resolved in accordance with the provisions of the preceding subsection it shall be the duty of the authority to whom the application under section 2(1) was made to secure that accommodation is available for occupation by the applicant. (2I) Notwithstanding the right of a housing authority to give a notification under subsection (2D) above such an authority shall remain under a duty to ensure wherever possible that the applicants accommodation does not cease to be available for his occupation. (2J) Nothing in this section shall affect any right of a housing authority to secure vacant possession of accommodation, whether by virtue of a contract or of any enactment or rule of law.'.

Mr. Deputy Speaker
There are two manuscript sub-amendments to the hon. Gentleman's Amendment No. 28. No one is moving them. The Question is therefore, That the amendment be made—that is, Amendment 28.

§ Mr. George Cunningham
Which one are we on now, Mr. Deputy Speaker.

Mr. Deputy Speaker
The hon. Member for Hornsey (Mr. Rossi) has formally moved Amendment No. 28. Earlier in our deliberations I accepted two manuscript sub-amendments to Amendment No. 28. I have been asking whether anyone wishes to move those sub-amendments. The two manuscript sub-amendments were handed in by the hon. Member for Edinburgh, Central (Mr. Cook) but they are not moved. I am therefore putting the question on Amendment No. 28.