159.A local housing authority can refer an applicant to another authority in England or Wales but only if they are in priority need and unintentionally homeless. The authority must be satisfied that certain conditions are met and the case must be one where if it was not referred, the authority would be subject to the duty to help secure accommodation in section 73. Subsection (3) sets out the conditions for referral that need to be met while subsection (4) explains when the conditions are not met.
160.The question of whether the conditions for referral are met will normally be agreed between the two authorities. If they cannot agree and where both authorities are in Wales, it will be in accordance with such arrangements as the Welsh Ministers may direct. Where the authority referring the case is in Wales and the other is in England, it will be in accordance with arrangements that the Welsh Ministers and the Secretary of State may jointly direct by order.
161.Consequential amendments have been made to the Housing Act 1996 to provide for referrals from local housing authorities in England to authorities in Wales (see Schedule 3).