Housing Act 2004

Accommodation needs of gypsies and travellers

225Duties of local housing authorities: accommodation needs of gypsies and travellers

(1)Every local housing authority must, when undertaking a review of housing needs in their district under section 8 of the Housing Act 1985 (c. 68), carry out an assessment of the accommodation needs of gypsies and travellers residing in or resorting to their district.

(2)Subsection (3) applies where a local housing authority are required under section 87 of the Local Government Act 2003 (c. 26) to prepare a strategy in respect of the meeting of such accommodation needs.

(3)The local authority who are that local housing authority must take the strategy into account in exercising their functions.

• “Functions” includes functions exercisable otherwise than as a local housing authority.

(4)A local housing authority must have regard to any guidance issued under section 226 in—

(a)carrying out such an assessment as mentioned in subsection (1), and

(b)preparing any strategy that they are required to prepare as mentioned in subsection (2).

(5)In this section—

(a)“gypsies and travellers” has the meaning given by regulations made by the appropriate national authority;

(b)“accommodation needs” includes needs with respect to the provision of sites on which caravans can be stationed; and

(c)“caravan” has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960.

226Guidance in relation to section 225

(1)The appropriate national authority may issue guidance to local housing authorities regarding—

(a)the carrying out of assessments under section 225(1), and

(b)the preparation of any strategies that local housing authorities are required to prepare as mentioned in section 225(2).

(2)Before giving guidance under this section, or revising guidance already given, the Secretary of State must lay a draft of the proposed guidance or alterations before each House of Parliament.

(3)The Secretary of State must not give or revise the guidance before the end of the period of 40 days beginning with the day on which the draft is laid before each House of Parliament (or, if copies are laid before each House of Parliament on different days, the later of those days).

(4)The Secretary of State must not proceed with the proposed guidance or alterations if, within the period of 40 days mentioned in subsection (3), either House resolves that the guidance or alterations be withdrawn.

(5)Subsection (4) is without prejudice to the possibility of laying a further draft of the guidance or alterations before each House of Parliament.

(6)In calculating the period of 40 days mentioned in subsection (3), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.