HC Deb 27 July 1977 vol 936 cc886-9

Lords amendment: No. 34, in page 7, line 8, at end insert new Clause C— C.—(1) On completing their inquiries under section 2 above, a housing authority shall notify the person who applied to them for accommodation or for assistance in obtaining accommodation of their decision on the question whether he is homeless or threatened with homlesssness.

(2) If they notify him that their decision is that he is homeless or threatened with homelessness, they shall at the same time notify him of their decision on the question whether he has a priority need.

(3) If they notify him that their decision is that he has a priority need, they shall at the same time notify him

  1. (a)of their decision on the question whether he became homeless or thereatened with homelessness intentionally, and
  2. (b)whether they have notified or propose to notify any other housing authority that his application has been made.

(4) If they notify him—

  1. (a) that they are not satisfied—
    1. (i)that he is homeless or threatened with homelessness, or
    2. (ii)that he has a priority need, or
  2. (b) that they are satisfied that he became homeless or threatened with homelessness intentionally, or
  3. (c) that they have notified or propose to to notify another housing authority that his application has been made, they shall at the same time notify him of their reasons.

(5) When it has been determined whether subsection (3) or (4) of section [Responsibility as between housing authorities] above applies to a person to whom a notification under that section relates, it shall he the duty of the notifying authortity to notify him—

  1. (a)whether they or the notified authority are the authority whose duty it is under that section to secure that accommodation becomes available for his occupation and
  2. (b)of the reasons why the authority subject to that duty are subject to it.

(6) If a housing authority cease in respect of the property of any person to be subject to the duty imposed by subsection (1) of section 5 above or, subject to subsection (6A) below, to have the power conferred by subsection (1B) of that section, it shall be their duty to notify him—

  1. (a) that they have ceased to be subject to the duty or, as the case may he, to have the power, and
  2. (b) of the reason why they are of the opinion mentioned in sections 5 (3) (c) above.

(6A) An authority who cease to have the power conferred by section 5(10) above in respect of the property of any person need not notify him that they have ceased to have the power unless they have exercised it.

(7) Subject to subsections (9) and (10) below, any notification of reasons required to he given to a person under this section shall he treated as having been given to him only if the requirement specified in subsection (8) below is satisfied.

(8) The requirement mentioned in subsection (7) above is that any such notification and reasons shall for a reasonable period be made available by the housing authority at their office for collection by or on behalf of the person to whom they are required to be given.

(9) A notification required under subsection (6) above may he given to the person to whom it is required to be given only—

  1. (a)by delivering it to him, or
  2. (b)by leaving it at his proper address, or
  3. (c)by sending it by post to him at that address.

(10) For the purposes of this section and section 26 of the Interpretation Act 1889 (service of documents by post) in its application to this section, the proper address of any person to whom such a notification is to he given shall he his last known address."

Mr. Stephen Ross

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this we shall take Lords Amendment No. 43.

Mr. Ross

I should draw the attention of the House to a misprint in the Order Paper. Lords Amendment No. 43 says "leave out 'three'". It should say "two". I hope that that will be noted.

The new clause reflects the changes made in the duties of local authorities to notify those who have sought their help. The authorities must notify decisions on priority of need, mobility, intentionality, and protection and storage of furniture. They must give reasons in appropriate cases and notifications about the storage of furniture, or they must give notice or arrange for the notification to be collected at their offices. No specific notice is made about the notification being in writing since it is clear from the context that it must be in the form of a document that can be collected or posted.

Question put and agreed to.

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