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Homelessness etc. (Scotland) Act 2003

Consolidated Text As Enacted Cited authorities 65 Cited in Amendments 85 Related
Vincent
JurisdictionScotland
Citation2003 asp 10
Year2003
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    • section 31 (duties to persons found to be homeless) , andsection 32 (duties to persons found to be threatened with homelessness) ,(2) The day to be appointed under subsection (1) is the earliest day on which, in the view of the Scottish Ministers, all local authorities can reasonably be expected to perform the duties under sections 31 and 32 of the 1987 Act as modified by that subsection.such modifications of Part II of the 1987 Act and any other enactment, andsuch incidental, supplemental, consequential, transitional, transitory or saving provision,(4) Except where subsection (5) applies, a statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.(5) No order under subsection (1) containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft of it has been laid before, and approved by resolution of, the Parliament.
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    • (1) In section 28(2) (further inquiries in cases of homelessness or threatened homelessness) of the 1987 Act, for the words from “shall” to “(b) ” substitute—may, if they think fit, make any further inquiries necessary to satisfy themselves as to(2) In section 30(3) (a) (notification of decision on intentional homelessness) of that Act, at the beginning insert “where they have made inquiries under section 28(2) (b) ,”.
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  • In section 27(2) (a) (circumstances in which residence in a district is not of a person’s own choice) of the 1987 Act, after sub-paragraph (ii) insert
    • was resident in accommodation provided in pursuance of section 95 (provision of support for asylum-seekers and dependants) of the Immigration and Asylum Act 1999 (c. 33) ,
  • After section 33 (referral of application to another local authority) of the 1987 Act insert—
      (33A) Power to modify section 33
    • “(1) The Scottish Ministers may by order made by statutory instrument provide that, for so long as the order is in force, the power of a local authority under subsection (1) of section 33 to notify another local authority of the matters referred to in that subsection—
    • (a) shall not be exercisable by such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable by such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order;
    • (b) shall not be exercisable in relation to such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable in relation to such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order.
    • shall not be exercisable by such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable by such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order;shall not be exercisable in relation to such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable in relation to such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order.provide for this Part to apply with such modifications, andmake such transitional, transitory or saving provision,A statutory instrument containing an order under this section is, if made without a draft having been laid before, and approved by a resolution of, the Scottish Parliament, subject to annulment in pursuance of a resolution of the Scottish Parliament.The Scottish Ministers must, before the expiry of the period of 12 months beginning with the coming into force of this section, prepare and publish a statement setting out the circumstances in which, and the general criteria by reference to which, the power under section 33A is to be exercised.must keep the statement under review;may from time to time modify the statement; andmust publish any modified statement.such associations representing local authorities; andsuch other persons,in subsection (1) , after paragraph (b) insert—
    • (c) where, by virtue of a decision referred to in paragraph (a) or (b) , the authority have a duty under section 31 to secure that accommodation of a particular description becomes available for the applicant’s occupation, until such accommodation becomes available.
    ,    where, by virtue of a decision referred to in paragraph (a) or (b) , the authority have a duty under section 31 to secure that accommodation of a particular description becomes available for the applicant’s occupation, until such accommodation becomes available.after subsection (2) insert—
    • “(3) In subsection (1) , “accommodation”, in the first place where the expression occurs, does not include accommodation of such description as the Scottish Ministers may, by order made by statutory instrument, specify.
    • (4) Such an order may—
    • (a) specify any description of accommodation subject to conditions or exceptions,
    • (b) make different provision for different purposes and different areas.
    In subsection (1) , “accommodation”, in the first place where the expression occurs, does not include accommodation of such description as the Scottish Ministers may, by order made by statutory instrument, specify.specify any description of accommodation subject to conditions or exceptions,make different provision for different purposes and different areas.A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the Scottish Parliament.(2) In section 32(8) (duty to have regard to best interests of dependent children) of the 1987 Act, at the end insert “and shall, without prejudice to subsection (5) above and section 41, ensure that accommodation provided for such a person’s occupation is suitable for occupation by such children, so far as consistent with their best interests”.

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