The Homelessness (Priority Need for Accommodation) (England) Order 2002

Made: 30th July 2002

Coming into force: 31st July 2002

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred on him by section 189(2) of the Housing Act 1996, having consulted such associations representing relevant authorities, and such other persons as he considers appropriate, in accordance with section 189(3) of that Act, hereby makes the following Order—

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Homelessness (Priority Need for Accommodation) (England) Order 2002 and shall come into force on the day after the day on which it is made.

• (2) This Order extends to England only.

• (3) In this Order—

• “looked after, accommodated or fostered” has the meaning given by section 24(2) of the Children Act 1989 or, as the case may be, section 104(3) of the Social Services and Well-being (Wales) Act 2014; and

• “relevant student” means a person to whom section 24B(3) of the Children Act 1989 or, as the case may be, section 114(5) or 115(6) of the Social Services and Well-being (Wales) Act 2014 applies—who is in full-time further or higher education; andwhose term-time accommodation is not available to him during a vacation.

Priority need for accommodation

2

The descriptions of person specified in the following articles have a priority need for accommodation for the purposes of Part 7 of the Housing Act 1996.

Children aged 16 or 17

3

• (1) A person (other than a person to whom paragraph (2) below applies) aged sixteen or seventeen who is not a relevant child for the purposes of section 23A of the Children Act 1989 or, as the case may be, is not a category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014.

• (2) This paragraph applies to a person to whom a local authority owe a duty to provide accommodation under section 20 of that Act (provision of accommodation for children in need or, as the case may be, section 76 of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc)).

Young people under 21

4

• (1) A person (other than a relevant student) who—

• (a) is under twenty-one; and

• (b) at any time after reaching the age of sixteen, but while still under eighteen, was, but is no longer, looked after, accommodated or fostered.

Vulnerability: institutional backgrounds

5

• (1) A person (other than a relevant student) who has reached the age of twenty-one and who is vulnerable as a result of having been looked after, accommodated or fostered.

• (2) A person who is vulnerable as a result of having been a member of Her Majesty’s regular naval, military or air forces.

• (3) A person who is vulnerable as a result of—

• (a) having served a custodial sentence (within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 222 of the Sentencing Code);

• (b) having been committed for contempt of court or any other kindred offence;

• (c) having been remanded in custody (within the meaning of paragraph (b), (c) or (d) of section 88(1) of the Powers of Criminal Courts (Sentencing) Act 2000).

Vulnerability: fleeing violence or threats of violence

6

• (1) A person who is vulnerable as a result of ceasing to occupy accommodation by reason of violence from another person or threats of violence from another person which are likely to be carried out.

• (2) For the purposes of this article—

• (a) “violence” does not include violence that is domestic abuse;

• (b) “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.

Signed

Signed by authority of the First Secretary of State, Local Government and the Regions

Barbara Roche — Minister of State, Office of the Deputy Prime Minister — 2002-07-30

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1996 c. 52. The functions of the Secretary of State under section 189 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2, see the entry in Schedule 1 for the Housing Act 1996.

[^f00002]: 1989 c. 41. Section 4(1) of the Children (Leaving Care) Act 2000 (c. 35) substituted new sections 24 to 24C, and section 2(4) of that Act inserted section 23A, in the Children Act 1989.

[^f00003]: 2000 c. 6.

Editorial notes

[^c9614181]: 1996 c.52. The functions of the Secretary of State under section 189 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2,see the entry in Schedule 1 for the Housing Act 1996.

[^c9614191]: 1989 c.41. Section 4(1) of the Children (Leaving Care) Act 2000 (c.35) substituted new sections 24 to 24C, and section 2(4) of that Act inserted section 23A, in the Children Act 1989.

[^c9614201]: 2000 c.6.

[^key-1aed9d411d2a18e282d7e9c4d1cdf4e4]: Words in art. 1(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 49(a)

[^key-3478353d3131d8345676e5533f05dbcd]: Words in art. 1(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 49(b)

[^key-31dda1c7997d0ef4e9c5bd65a5e78299]: Words in art. 3(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 50(2)

[^key-c77e44f2cb088cab686e2620dd095c4a]: Words in art. 3(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 50(3)

[^key-5f3b7ace4ff72c90858a94bd6244977d]: Words in art. 5(3)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 332(a) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-738eb0e084d6dc6ed473d99c1625af43]: Words in art. 5(3)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 332(b) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-0b365e2a9325a4458d660fd1bd25e9db]: Art. 6 renumbered as art. 6(1) (5.7.2021) by Domestic Abuse Act 2021 (c. 17), ss. 78(8)(a), 90(6); S.I. 2021/797, reg. 2(2) (with reg. 4(1))

[^key-60a019111c49bfab3e042f2acf473341]: Art. 6(2) inserted (5.7.2021) by Domestic Abuse Act 2021 (c. 17), ss. 78(8)(b), 90(6); S.I. 2021/797, reg. 2(2) (with reg. 4(1))