Housing Act 1996

General provisionsE+W

214 False statements, withholding information and failure to disclose change of circumstances.E+W

(1)It is an offence for a person, with intent to induce a local housing authority to believe in connection with the exercise of their functions under this Part that he or another person is entitled to accommodation or assistance in accordance with the provisions of this Part, or is entitled to accommodation or assistance of a particular description—

(a)knowingly or recklessly to make a statement which is false in a material particular, or

(b)knowingly to withhold information which the authority have reasonably required him to give in connection with the exercise of those functions.

(2)If before an applicant receives notification of the local housing authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible.

The authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).

(3)A person who fails to comply with subsection (2) commits an offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

[F1214ACodes of practiceE+W

(1)The Secretary of State may from time to time issue one or more codes of practice dealing with the functions of a local housing authority in England relating to homelessness or the prevention of homelessness.

(2)The provision that may be made by a code of practice under this section includes, in particular, provision about—

(a)the exercise by a local housing authority of functions under this Part;

(b)the training of an authority's staff in relation to the exercise of those functions;

(c)the monitoring by an authority of the exercise of those functions.

(3)A code of practice may—

(a)apply to all local housing authorities or to the local housing authorities specified or described in the code;

(b)contain different provision for different kinds of local housing authority.

(4)The Secretary of State may issue a code of practice under this section only in accordance with subsections (5) and (6).

(5)Before issuing the code of practice, the Secretary of State must lay a draft of the code before Parliament.

(6)If—

(a)the Secretary of State lays a draft of the code before Parliament, and

(b)no negative resolution is made within the 40-day period,

the Secretary of State may issue the code in the form of the draft.

(7)For the purposes of subsection (6)—

(a)a “negative resolution” means a resolution of either House of Parliament not to approve the draft of the code, and

(b)“the 40-day period” means the period of 40 days beginning with the day on which the draft of the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).

(8)In calculating the 40-day period, no account is to be taken of any period during which—

(a)Parliament is dissolved or prorogued, or

(b)both Houses are adjourned for more than four days.

(9)The Secretary of State may—

(a)from time to time revise and reissue a code of practice under this section;

(b)revoke a code of practice under this section.

(10)Subsections (4) to (6) do not apply to the reissue of a code of practice under this section.

(11)The Secretary of State must publish the current version of each code of practice under this section in whatever manner the Secretary of State thinks fit.

(12)A local housing authority must have regard to a code of practice under this section in exercising their functions.]

215 Regulations and orders.E+W

(1)In this Part “prescribed” means prescribed by regulations of the Secretary of State.

(2)Regulations or an order under this Part may make different provision for different purposes, including different provision for different areas.

(3)Regulations or an order under this Part shall be made by statutory instrument.

(4)Unless required to be approved in draft, regulations or an order under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

216 Transitional and consequential matters.E+W

(1)The provisions of this Part have effect in place of the provisions of Part III of the M1Housing Act 1985 (housing the homeless) and shall be construed as one with that Act.

(2)Subject to any transitional provision contained in an order under section 232(4) (power to include transitional provision in commencement order), the provisions of this Part do not apply in relation to an applicant whose application for accommodation or assistance in obtaining accommodation was made before the commencement of this Part.

(3)The enactments mentioned in Schedule 17 have effect with the amendments specified there which are consequential on the provisions of this Part.

217 Minor definitions: Part VII.E+W

(1)In this Part, subject to subsection (2)—

• [F2“private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies);]

• “relevant authority” means a local housing authority or a social services authority; and

• “social services authority” means[F3—

(2)In this Part, in relation to Scotland—

(a)“local housing authority” means a local authority within the meaning of the M3Housing (Scotland) Act 1988, and

(b)“social services authority” means a local authority for the purposes of the M4Social Work (Scotland) Act 1968.

(3)References in this Part to the district of a local housing authority—

(a)have the same meaning in relation to an authority in England or Wales as in the Housing Act 1985, and

(b)in relation to an authority in Scotland, mean the area of the local authority concerned.

218 Index of defined expressions: Part VII.E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section)—