Review of DCLG Statutory Duties

Statutory guidance and/or Associated regulations (eg

Department Unique ref Number Theme Legislation Year Title of duty non statutory guidance secondary legislation) for Function - What is it intended to achieved?
for this duty? this duty

Housing Land Compensation Act 1973 Duty to rehouse residential occupiers displaced by a compulsory purchase No No To prevent people displaced by compulsory
Department for
Section 39 order or housing order where no affordable alternative accommodation is purchase (or a housing order), who cannot
Communities
DCLG_002 1973 available. obtain somewhere else to live on reasonable
and Local
terms from becoming homeless.
Government
Housing Housing Act 1985 Section 8 Periodically review the housing needs of its area in relation to housing no no Ensure local authorities understand the
conditions and the needs of the district. housing needs of their communities. Further
legislation requires that when authorities carry
out a review under s. 8, that they have regard
Department for to the special needs of chronically sick or
Communities disabled persons (section 3 of Chronically Sick
DCLG_003 1985 and Disabled Person's Act 1970, as amended)
and Local
Government and carry out reviews of accommodation
needs of gypsies and travellers residing in or
resorting to their district (s. 224, Housing Act
2004).

Housing Housing Act 1985 Section 43 To obtain consent for the disposal of non-housing assets occupied by The Housing Act 1985: The General Housing To protect the rights of tenants
Department for secure tenants Schedule 3A - consultation Consents 2005 - Section 32
Communities before disposal to private of the Housing Act 1985
DCLG_009 1985
and Local sector landlord. Statutory
Government Guidance

Housing Housing Act 1985 Schedule 3A t To consult tenants before their homes are sold to a private landlord The Housing Act 1985: To protect tenants' rights.
Department for Schedule 3A - consultation
Communities before disposal to private
DCLG_010 1985
and Local sector landlord. Statutory
Government Guidance

Housing Housing Grants, Construction and To provide facilities for disabled persons in dwellings Non statutory guidance Housing Renewal Grants Provides that Local Authorities must give
Regeneration Act 1996 Section 1 Delivering Housing Regulations 1996, Housing grants to disabled persons (subject to means
Adaptations for Disabled Renewal Grants (Service testing and up to a prescribed maximum) to
People: A Good Practice and Charges) Order 1996, allow them to adapt their homes to meet their
Department for Guide (June 2006 edition) Disabled Facilities Grant needs.
Communities (Maximum Amounts and
DCLG_022 1996
and Local Additional Purposes)
Government (England) Order 2008,
Jobseekers Allowance (Work
for Your Benefit Pilot
Scheme) Regulations 2010

Housing Housing Act 1996 Part 7, Duty to make inquiries into cases of homelessness or threatened Statutory guidance: Homelessness (Priority Need Places a duty on housing authorities to make
homelessness Homelessness Code of for Accommodation) inquiries to establish whether any duty is owed
Guidance for Local (England) Order 2002, SI under Part 7 - if there is reason to believe an
Authorities, July 2006, 2002/2051. applicant may be homeless or likely to become
Homelessness Code of homeless within 28 days
Guidance for Local
Department for Authorities: Supplementary
Communities Guidance on Intentional
DCLG_025 1996 Homelessness, August
and Local
Government 2009, Provision of
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Page 1 of 5
 Review of DCLG Statutory Duties

Statutory guidance and/or Associated regulations (eg

Department Unique ref Number Theme Legislation Year Title of duty non statutory guidance secondary legislation) for Function - What is it intended to achieved?
for this duty? this duty

Housing Housing Act 1996 Part 7 Co-operation in certain cases involving children Statutory guidance: Places a duty on housing authorities to make
Homelessness Code of arrangements to ensure that social services
Guidance for Local are aware of cases where applicants with
Authorities, July 2006, children may be ineligible for assistance,
Homelessness Code of intentionally homeless, or intentionally
Guidance for Local threatened with homelessness.
Department for Authorities: Supplementary
Communities Guidance on Intentional
DCLG_026 1996
and Local Homelessness, August
Government 2009, Provision of
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Housing Housing Act 1996, Part 7 Interim duty to accommodate in case of apparent need Statutory guidance: Homelessness (Priority Need Places a duty on housing authorities to secure
Homelessness Code of for Accommodation) accommodation pending inquiries in cases
Guidance for Local (England) Order 2002, SI where they have reason to believe the
Authorities, July 2006, 2002/2051. applicant may be eligible for assistance,
Homelessness Code of homeless and in priority need
Guidance for Local
Department for Authorities: Supplementary
Communities Guidance on Intentional
DCLG_027 1996
and Local Homelessness, August
Government 2009, Provision of
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Housing Housing Act 1996, Part 7 Duty to persons becoming homeless intentionally Statutory guidance: Homelessness (Suitability of Places a duty on authorities to ensure
Homelessness Code of Accommodation) Order provision of advice and assistance for
Guidance for Local 1996, SI 1996/3204, applicants who are eligible for assistance and
Authorities, July 2006, Homelessness (Suitability of intentionally homeless (and, where applicant
Homelessness Code of Accommodation) Order has priority need, secure accommodation for
Guidance for Local 1996, SI 2003/3326, period that will provide a reasonable
Department for Authorities: Supplementary opportunity for applicant to secure
Communities Guidance on Intentional accommodation for himself)
DCLG_028 1996
and Local Homelessness, August
Government 2009, Provision of
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Housing Housing Act 1996 Part 7, Duty to persons not in priority need who are not homeless intentionally Statutory guidance: Homelessness (Suitability of Places a duty on housing authorities to ensure
Homelessness Code of Accommodation) Order provision of advice and assistance for
Guidance for Local 1996, SI 1996/3204, applicants who are unintentionally homeless
Authorities, July 2006, Homelessness (Suitability of and not in priority need
Homelessness Code of Accommodation) Order
Guidance for Local 1996, SI 2003/3326,
Department for Authorities: Supplementary Homelessness (Priority Need
Communities Guidance on Intentional for Accommodation)
DCLG_029 1996
and Local Homelessness, August (England) Order 2002, SI
Government 2009, Provision of 2002/2051.
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Page 2 of 5
 Review of DCLG Statutory Duties

Statutory guidance and/or Associated regulations (eg

Department Unique ref Number Theme Legislation Year Title of duty non statutory guidance secondary legislation) for Function - What is it intended to achieved?
for this duty? this duty

Housing Housing Act 1996 Part 7 Duty to persons with priority need who are not homeless intentionally Statutory guidance: Homelessness (Suitability of Places a duty on housing authorities to secure
Homelessness Code of Accommodation) Order accommodation for applicants who are eligible
Guidance for Local 1996, SI 1996/3204, for assistance, unintentionally homeless and in
Authorities, July 2006, Homelessness (Suitability of priority need
Homelessness Code of Accommodation) Order
Guidance for Local 1996, SI 2003/3326,
Department for Authorities: Supplementary Allocation of Housing and
Communities Guidance on Intentional Homelessness (Review
DCLG_030 1996
and Local Homelessness, August Procedures) Regulations
Government 2009, Provision of 1999, SI 1999/71,
accommodation for 16 and Homelessness (Priority Need
17 year old young people for Accommodation)
who may be homeless (England) Order 2002, SI
and/or require 2002/2051.
accommodation

Housing Housing Act 1996 Part 7 Duties in case of threatened homelessness Statutory guidance: Homelessness (Suitability of Places a duty on housing authorities to take
Homelessness Code of Accommodation) Order reasonable steps to secure that
Guidance for Local 1996, SI 1996/3204, accommodation does not cease to be
Authorities, July 2006, Homelessness (Suitability of available for applicants eligible for assistance,
Homelessness Code of Accommodation) Order unintentionally threatened with homelessness
Guidance for Local 1996, SI 2003/3326, and in priority need
Department for Authorities: Supplementary Homelessness (Priority Need
Communities Guidance on Intentional for Accommodation)
DCLG_031 1996
and Local Homelessness, August (England) Order 2002, SI
Government 2009, Provision of 2002/2051.
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Housing Housing Act 1996 Part 7 Duties to applicant where case is considered for referral or referred Statutory guidance: Places a duty on housing authorities to secure
Homelessness Code of accommodation for an applicant pending
Guidance for Local resolution of a referral to another authority
Authorities, July 2006,
Homelessness Code of
Guidance for Local
Department for Authorities: Supplementary
Communities Guidance on Intentional
DCLG_032 1996
and Local Homelessness, August
Government 2009, Provision of
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Housing Housing Act 1996, Part 7 Discharge of functions: out of area placements Statutory guidance: Homelessness (Suitability of Places a requirement on housing authorities to
Homelessness Code of Accommodation) Order secure accommodation within their own district
Guidance for Local 1996, SI 1996/3204, so far as reasonably practicable
Authorities, July 2006, Homelessness (Suitability of
Homelessness Code of Accommodation) Order
Guidance for Local 1996, SI 2003/3326,
Department for Authorities: Supplementary Allocation of Housing and
Communities Guidance on Intentional Homelessness (Review
DCLG_033 1996
and Local Homelessness, August Procedures) Regulations
Government 2009, Provision of 1999, SI 1999/71
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Page 3 of 5
 Review of DCLG Statutory Duties

Statutory guidance and/or Associated regulations (eg

Department Unique ref Number Theme Legislation Year Title of duty non statutory guidance secondary legislation) for Function - What is it intended to achieved?
for this duty? this duty

Housing Housing Act 1996 Part 7 Protection of property: supplementary provisions Statutory guidance: Places a duty on housing authorities to take
Homelessness Code of reasonable steps to mitigate loss or damage to
Guidance for Local applicant's property where no other suitable
Authorities, July 2006, arrangements have been made (and duty to
Homelessness Code of secure accommodation is owed)
Guidance for Local
Department for Authorities: Supplementary
Communities Guidance on Intentional
DCLG_034 1996
and Local Homelessness, August
Government 2009, Provision of
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Housing Housing Act 1996 Part 7, Co-operation between relevant housing authorities and bodies Statutory guidance: Places a duty on local authorities and other
Homelessness Code of relevant bodies to co-operate, on request, in
Guidance for Local providing reasonable assistance to help an
Authorities, July 2006, authority discharge its functions under Part 7
Homelessness Code of
Guidance for Local
Department for Authorities: Supplementary
Communities Guidance on Intentional
DCLG_035 1996
and Local Homelessness, August
Government 2009, Provision of
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Housing Housing Act 1996, Part 7 Co-operation in certain cases involving children Statutory guidance: Places a duty on housing authorities to make
Homelessness Code of arrangements to ensure that social services
Guidance for Local are aware of cases where applicants with
Authorities, July 2006, children may be ineligible for assistance,
Homelessness Code of intentionally homeless, or intentionally
Guidance for Local threatened with homelessness.
Department for Authorities: Supplementary
Communities Guidance on Intentional
DCLG_036 1996
and Local Homelessness, August
Government 2009, Provision of
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Housing Housing Act 1996, Part 7, Duty of local housing authority to provide advisory services Statutory guidance: Places a duty on authorities to ensure that
Homelessness Code of advice about homelessness and the
Guidance for Local prevention of homelessness is available free to
Authorities, July 2006, everyone in their district
Homelessness Code of
Guidance for Local
Department for Authorities: Supplementary
Communities Guidance on Intentional
DCLG_037 1996
and Local Homelessness, August
Government 2009, Provision of
accommodation for 16 and
17 year old young people
who may be homeless
and/or require
accommodation

Housing Homelessness Act 2002 Duty of local housing authority to formulate a homelessness strategy Covered by guidance Places a duty on housing authorities to publish
Department for
issued under s182 of a new homelessness strategy at least every 5
Communities
DCLG_041 2002 Housing Act 1996 years and take it into account in discharging its
and Local
functions
Government
Housing Housing Act 2004 Section 4 Inspect premises in specified circumstances with a view to establishing Statutory Guidance The Housing Health and Requires the Local Authority to inspect a
Department for whether there is a "hazard". 1)Housing Health and Safety Rating System dwelling to see if there are any hazards under
Communities Safety Rating System (England) Regulations 2005 the Housing Health and Safety Rating System
DCLG_044 2004 Operating Guidance;
and Local
Government 2)HHSRS Enforcement
Guidance

Page 4 of 5
 Review of DCLG Statutory Duties

Statutory guidance and/or Associated regulations (eg

Department Unique ref Number Theme Legislation Year Title of duty non statutory guidance secondary legislation) for Function - What is it intended to achieved?
for this duty? this duty

Housing Housing Act 2004 Section 5 Take appropriate enforcement action where a category 1 hazard exists. Statutory Guidance The Housing Health and Places a duty on Local Authorities to take
1)Housing Health and Safety Rating System action where condition of a property can cause
Department for Safety Rating System (England) Regulations 2005 a risk to health of occupant
Communities Operating Guidance;
DCLG_045 2004
and Local 2)HHSRS Enforcement
Government Guidance

Housing Housing Act 2004 Section 10 Consult with the fire and rescue authority for the area where a fire hazard No regulations in place. No regulations but an agreed Local Authorities must consult with Fire and
exists before taking enforcement action. There is a protocol and the protocol is in place. Rescue authority within a Houses in Multiple
Department for
Regulatory Reform (Fire Occupation before taking enforcement action
Communities
DCLG_046 2004 Safety) Order 2005 which
and Local
provide guidance.
Government

Housing Housing Act 2004 Part 2 Mandatory licensing of Houses in Multiple Occupation (HMOs) There is no statutory "The Licensing of Houses in Places a duty on local authorities to licence all
guidance on Houses in Multiple Occupation Houses in Multiple Occupations that are of
Multiple Occupation (Prescribed Descriptions) three or more storeys, housing five or more
licensing. Ministers are (England) Order 2006" (SI persons in two or more households.
currently considering 371/2006), "The
whether to publish non Management of Houses in
Department for statutory guidance. Multiple Occupation
Communities (England) 2006" (Si372/372)
DCLG_048 2004
and Local and "The Licensing and
Government Management of Houses in
Multiple Occupation and
Other Houses
(Miscellaneous Provisions)
(England) Regulations 2006"
(SI373/2006)

Page 5 of 5