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The Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012

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Citation and commencement

1.  This Order may be cited as the Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012 and comes into force on 31st December 2012.

Appointed day

2.  The day appointed for the purposes of section 2 (abolition of priority need test) of the Homelessness etc. (Scotland) Act 2003 is 31st December 2012.

Amendment of Part 2 of the Housing (Scotland) Act 1987

3.  The Housing (Scotland) Act 1987(1) is modified as follows.

4.  Omit section 25 (priority need)(2).

5.  In section 28 omit subsection (2)(a) (inquiries as to priority need)(3), and the word “and” following it.

6.  In the heading to section 29 (interim duty to accommodate) omit “in case of apparent priority need”.

7.  In section 30 (notification of decisions)(4)—

(a)omit subsection (2);

(b)in subsection (3), for “has a priority need” substitute “is homeless or threatened with homelessness”;

(c)in subsection (3A), for “, threatened with homelessness or has a priority need” substitute “or threatened with homelessness,”; and

(d)in subsection (4)(a) omit sub-paragraph (ii) and the “or” that precedes it.

8.  In section 31(2) (duties to persons found to be homeless)(5) omit “are satisfied that he has a priority need and”.

9.  In section 32 (duties to persons found to be threatened with homelessness)—

(a)in subsection (2) omit “are satisfied that he has a priority need and”; and

(b)in subsection (8)(6)—

(i)for “falling within section 25(1)(b)” substitute “with whom dependent children reside or might reasonably be expected to reside”; and

(ii)omit “referred to in that provision”.

10.  In section 33(1)(a) (referral of applications to another local authority)(7) omit “and has a priority need,”.

11.  In section 40(1) (offences) omit paragraph (b) and the word “or” following it.

12.  In section 43 (minor definitions) omit the definition of “priority need (for accommodation)”.

Amendment of the Homelessness etc. (Scotland) Act 2003

13.  Omit sections 1, 3, 5 and 6 of the Homelessness etc. (Scotland) Act 2003(8).

14.  In section 4(1) of that Act(9), omit the words from “(a) to “and”.

Amendment of the Antisocial Behaviour etc. (Scotland) Act 2004

15.  Omit paragraph 2 of schedule 4 to the Antisocial Behaviour etc. (Scotland) Act 2004(10).

M J BURGESS

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th November 2012

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