The Localism Act 2011 (Commencement No. 2 and Transitional Provisions) (England) Order 2012

Made: 11th October 2012

The Secretary of State, in exercise of the power conferred by section 240(2) and (7) of the Localism Act 2011[^f00001], makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Localism Act 2011 (Commencement No. 2 and Transitional Provisions) (England) Order 2012.

• (2) In this Order—

• “the Act” means the Localism Act 2011;

• “the 1996 Act” means the Housing Act 1996[^f00002]; and

• “commencement date” means 9th November 2012.

Commencement of provisions regarding duties to homeless persons

2

Sections 148 and 149 of the Act shall come into force for England only on the commencement date.

Transitional provisions

3

The amendments made by sections 148 and 149 of the Act do not apply to a case where—

• (a) a person (“the applicant”) has applied to a local housing authority for accommodation, or for assistance in obtaining accommodation, under Part 7 of the 1996 Act; and

• (b) a duty of the local housing authority to secure that accommodation is available for the applicant’s occupation under Part 7 of the 1996 Act[^f00003] including on an interim or temporary basis has arisen and has not ceased,

before the commencement date.

Signed

Signed by the authority of the Secretary of State for Communities and Local Government

Mark Prisk — Minister of State — Department for Communities and Local Government — 11th October 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings sections 148 and 149, concerning duties to homeless people, fully into force in England on 9th November 2012.

Footnotes

[^f00001]: 2011 c.20.

[^f00002]: 1996 c.52.

[^f00003]: Section 188 of the Housing Act 1996 has been amended by section 18 of and Schedule 1 to the Homelessness Act 2002 (2002 c.7). Section 193 of the Housing Act 1996 has been amended by sections 6, 7, 8 and 18 of and Schedules 1 and 2 to the Homelessness Act 2002, and section 314 of and Schedule 15 to the Housing and Regeneration Act 2008 (2008 c.17).