117.This section inserts section 94A (duty of a specified person to ask and act) and section 94B (specified persons) into the 2014 Act. References below to sections 94A and 94B are references to those sections as inserted.
118.Section 94A of the 2014 Act provides that if a specified person (as defined in section 94B of the 2014 Act) considers that an individual in Wales in relation to whom they exercise functions is or may be homeless or threatened with homelessness, the specified person must ask whether the individual agrees to them notifying a local housing authority in England or Wales that the specified person thinks that the individual is or may be homeless or threatened with homelessness, and how the individual can be contacted. The specified person must also ask which local housing authority in England or Wales the individual would like to be notified.
119.If the individual agrees, the specified person must notify the local housing authority identified by the individual. If the individual agrees but has not identified a specific local housing authority, the specified person must notify the local housing authority in England or Wales that the specified person considers appropriate.
120.Where a notification is made to a local housing authority in Wales, the notification is to be treated as if it were an application by the individual to the local housing authority under section 62(1)(a) of the 2014 Act. This means a notification under section 94A of the 2014 Act will trigger a local housing authority’s duty to assess the individual’s case under section 62 of the 2014 Act as if the individual had applied to the local housing authority for accommodation or help in retaining or obtaining accommodation.
121.Section 94A(5) sets out other actions which the specified person must take. They are: providing information about sources of help and advice, considering (and taking) other actions it could reasonably take (within the exercise of its existing functions) to help an individual keep or secure suitable accommodation, and considering whether the fact that it considers the individual is or may be homeless, or at risk of homelessness, affects how it exercises its functions in relation to that individual.
122.Section 94A(6) provides that the duties in subsection (5)(b) and (c) of section 94A do not interfere with a specified person’s existing legal rights to secure vacant possession of accommodation.
123.Section 94A(7) provides that the requirement to notify a local housing authority does not apply if the individual has applied to a local housing authority in Wales under section 62(1)(a) of the 2014 Act, or a local housing authority in England under section 183 of the 1996 Act for assistance and either the application is being considered or a duty applies under either of those Acts to secure accommodation or otherwise provide other forms of help.
124.Section 94B(1) sets out the “specified persons” to whom the duty in section 94A will apply.
125.Section 94B(2) provides the Welsh Ministers with a regulation-making power to amend the list of specified persons by removing, adding or changing a reference to a person, or a description of a person.
126.Section 94B(3) provides that the regulations may remove a reference to a reserved authority, or a description of a person that includes a reserved authority. It also provides that the regulations may add additional reserved authorities to the list, but only with the consent of the Secretary of State. In addition, section 94B(3) provides that any changes to a reference to a reserved authority, or a description of a person that includes a reserved authority, which have the effect of modifying the reserved authority’s functions under section 94A may be made by regulations only with the consent of the Secretary of State or, in the case of a reserved authority which is a Minister of the Crown, only following consultation with the Secretary of State.
127.Section 94B(4) provides that any regulations made under subsection (2)(b) or (c) of section 94B may describe a person by reference to the exercise of discretion by another person and may specify cases or circumstances in which the reference to a person, or description of a person, applies.
128.Section 20(3) amends section 98 of the 2014 Act (guidance) to require specified persons, as listed in section 94B, to have regard to guidance issued by Welsh Ministers when they exercise functions under section 94A.
129.The amendment made by section 20(4) to section 142(3)(b)(ii) of the 2014 Act provides that any regulations made by the Welsh Ministers to modify the list of specified persons subject to the duty in section 94A are subject to the Senedd approval procedure.
Commentary on Sections Part 1 - Homelessness Section 20: Duty of a specified person to ask and act