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Link to original content: http://www.legislation.gov.uk/asp/2001/10/section/3/data.xml
http://www.legislation.gov.uk/asp/2001/10/section/3Housing (Scotland) Act 2001Housing (Scotland) Act 20012001-07-26texttext/xmlenStatute Law Database2024-05-15Expert Participation2023-09-27 PART 1 HOMELESSNESS AND ALLOCATION OF HOUSING Homeless persons and persons threatened with homelessness31In section 24 (definition of persons threatened with homelessness) of the 1987 Act—ain subsection (1), for “Scotland, or England or Wales” substitute “ the United Kingdom or elsewhere ”,bin subsection (3), after paragraph (d) insert; or eit is not permanent accommodation, in circumstances where, immediately before the commencement of his occupation of it, a local authority had a duty under section 31(2) in relation to him.,cin subsection (4), for “28 days” substitute “ 2 months ”,dafter subsection (4) insert—5For the purposes of subsection (3)(e), “permanent accommodation” includes accommodation—aof which the person is the heritable proprietor,bsecured by a Scottish secure tenancy,csecured by an assured tenancy that is not a short assured tenancy,dwhere paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp 10) is satisfied in relation to the person, secured by a short Scottish secure tenancy.2In section 29(1) (interim duty to accommodate) of that Act, the words “and have a priority need” are repealed.3In section 31 (duties to persons found to be homeless) of that Act—ain subsection (2), after “secure that” insert “ permanent ”,bin subsection (3)—ifor the words from “Where” to “intentionally” substitute “ In any other case ”,iiin paragraph (b), for the words from “such” to “circumstances” substitute “ assistance of such type as may be prescribed ”,csubsection (4) is repealed,dat the end insert—5For the purposes of subsection (2), “permanent accommodation” includes accommodation—asecured by a Scottish secure tenancy,bsecured by an assured tenancy that is not a short assured tenancy,cwhere paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp10) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy.4In section 32 (duties to persons found to be threatened with homelessness) of that Act—ain subsection (3)—ifor the words from “Where” to “intentionally” substitute “ In any other case ”,iifor the words from “such” to “circumstances” substitute “ assistance of such type as may be prescribed ”,bin subsection (5)—iafter “accommodation” insert “ (a) ”,iiat the end insert—bthat does not meet any special needs of the applicant and any other person referred to in section 24(2), orcthat it is not reasonable for the applicant to occupy.,cafter subsection (5) insert—6Regulations made by virtue of section 31(3)(b) or subsection (3) above may make different provision for different purposes and different areas.7Before making any such regulations, the Scottish Ministers shall consult—asuch associations representing local authorities, andbsuch other persons,as they think fit on the proposed regulations.8In exercising their functions under section 31 or this section in respect of a person falling within section 25(1)(b), the local authority shall have regard to the best interests of the dependent children referred to in that provision.5After that section insert— Power of the Scottish Ministers to modify application of sections 31 and 3232A1The provisions of—asection 31(2) so far as requiring that accommodation is to be permanent accommodation (within the meaning of section 31(5)), andbsection 32(5)(b),do not apply in such circumstances as may be prescribed.2Where—aaccommodation has been provided under section 31(2), andbby virtue of subsection (1) above, that accommodation is not permanent accommodation (within the meaning of section 31(5)) or does not meet the special needs of the applicant and any other person referred to in section 24(2),section 26 does not apply.6In section 34 (duties to persons whose applications are referred)—ain subsection (2), after “that” in the second and fourth places where it occurs insert “ permanent ”,bin subsection (3)(a), after “that” insert “ permanent ”,cafter subsection (4) insert—5For the purposes of subsection (1), “accommodation” has the meaning given in section 32(5).6For the purposes of subsections (2) and (3)(a), “permanent accommodation” has the meaning given in section 31(5) as read with section 32(5).S. 3 wholly in force at 30.9.2002; s. 3 not in force at Royal Assent, see s. 113(1)(2); s. 3(1)(a)(c)(4)(b) in force at 1.4.2002 by S.S.I. 2002/168, art. 2, Sch. (subject to transitional provisions and savings in art. 3); s. 3 in force insofar as not already in force at 30.9.2002 by S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)