After section 36 insert—

“Duties of relevant bodies in relation to homelessness

36ADuty to ask if a person is homeless or threatened with homelessness

(1)

If a relevant body, when assessing the needs of a person in the exercise of its functions, has reason to believe that the person may be homeless or threatened with homelessness, the body must ask the person—

(a)

whether the person is homeless or threatened with homelessness,

(b)

whether the person is aware of any application under section 28(1) having been made by or in respect of the person and, if so, to give the name of the local authority to whom the application was made, and

(c)

whether the person consents to the relevant body making such an application if the relevant body were to be satisfied that it is appropriate.

(2)

Another person may, with the consent of the person referred to in subsection (1), answer any such question.

36BDuty to act if a person may be homeless

(1)

If the relevant body—

(a)

is informed that the person referred to in section 36A(1) is homeless, or

(b)

has any other reason to believe that the person may be homeless,

the body must take the step mentioned in subsection (2).

(2)

The step is to make an application under section 28(1) to the appropriate local authority in respect of the person but only if the relevant body is satisfied that—

(a)

it is appropriate to make the application taking account of the person’s circumstances, and

(b)

it has the consent of the person to make the application.

(3)

The duty to make an application mentioned in subsection (1) does not apply if the relevant body is satisfied that—

(a)

an application under section 28(1) has already been made to the appropriate local authority by or in respect of the person, and

(b)

the application is under consideration by the authority.

36CDuty to act if a person may be threatened with homelessness

(1)

If the relevant body—

(a)

is informed that the person referred to in section 36A(1) is threatened with homelessness, or

(b)

has any other reason to believe that the person may be threatened with homelessness,

the body must take the steps mentioned in subsection (2).

(2)

The steps are—

(a)

to take such action as the relevant body considers appropriate, in the exercise of its functions, to—

(i)

remove the threat of homelessness to the person, or

(ii)

where this is not possible, minimise that threat,

(b)

to make an application under section 28(1) to the appropriate local authority in respect of the person but only if the relevant body is satisfied that—

(i)

it is unable to take action under paragraph (a) to remove the threat of homelessness,

(ii)

it is appropriate to make the application taking account of the person’s circumstances, and

(iii)

it has the consent of the person to make the application, and

(c)

to take such other action as the Scottish Ministers may by regulations specify.

(3)

In relation to the taking of action under subsection (2)(a), the relevant body must—

(a)

before taking the action, consult such other relevant bodies as it considers appropriate taking account of the person’s circumstances, and

(b)

cooperate with those other relevant bodies in taking the action.

(4)

For the purpose of subsection (2)(a), the reference to action does not include the making of an application under section 28(1).

(5)

The duty to take the step mentioned in subsection (2)(b) does not apply if the relevant body is satisfied that—

(a)

an application under section 28(1) has been made to the appropriate local authority by or in respect of the person, and

(b)

the application is under consideration by the authority.

(6)

Regulations under subsection (2)(c) may include provision specifying—

(a)

the process that must be followed in connection with assessing the action required under subsection (2)(a),

(b)

matters that must be taken into account when carrying out the assessment,

(c)

information that must be given to the person following the assessment.

(7)

Regulations under subsection (2)(c) may—

(a)

make different provision for different purposes,

(b)

make incidental, supplementary, consequential, transitional, transitory or saving provision.

(8)

Regulations under subsection (2)(c) are subject to the affirmative procedure.

(9)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (2)(c), the Scottish Ministers—

(a)

must consult every other relevant body, and

(b)

may consult any other person they consider appropriate.

(10)

The requirement to consult under subsection (9) may be met by consultation carried out before that subsection takes effect.

36DPower of relevant bodies to share information

A relevant body may share information with any other relevant body for the purpose of or in connection with the exercise of its functions, or the functions of the other relevant body, under section 36B or 36C.

36EDuty to have regard to matters relating to homelessness

A relevant body must, in the exercise of its functions, have regard to—

(a)

the need to prevent homelessness,

(b)

any guidance issued by the Scottish Ministers in connection with homelessness that is relevant to the exercise of its functions.”.

After section 40 insert—

“40AMeaning of homelessness and threatened with homelessness

(1)

The Scottish Ministers may by regulations modify section 24 to change the meaning for the purposes of this Part of a person who is—

(a)

homeless, or

(b)

threatened with homelessness.

(2)

Regulations under subsection (1) may—

(a)

make different provision for different purposes,

(b)

make incidental, supplementary, consequential, transitional, transitory or saving provision,

(c)

modify any enactment (including this Act) in making any provision mentioned in paragraph (b).

(3)

Regulations under subsection (1) are subject to the affirmative procedure.

(4)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers—

(a)

must consult every other relevant body, and

(b)

may consult any other person they consider appropriate.

(5)

The requirement to consult under subsection (4) may be met by consultation carried out before that subsection takes effect.”.

After section 43 insert—

“43APower to modify the meaning of “relevant body”

(1)

The Scottish Ministers may by regulations modify the meaning of “relevant body” in section 43 to add or remove a person or a description of a person.

(2)

Regulations under subsection (1) may make—

(a)

different provision for different purposes,

(b)

incidental, transitional, transitory or saving provision.

(3)

Where the Scottish Ministers propose to make regulations under subsection (1) to add a person or a description of a person, before laying a draft of a Scottish statutory instrument containing the regulations before the Scottish Parliament, they must consult—

(a)

where a person is proposed to be added, that person or a person who appears to the Scottish Ministers to represent the interests of that person,

(b)

where a description of a person is proposed to be added, a person who appears to the Scottish Ministers to represent the interests of a person of that description.

(4)

Regulations under subsection (1) are subject to the affirmative procedure.”.

After section 40A (meaning of homelessness and threatened with homelessness) (inserted by section 52(11)) insert—

“40BPower to modify provision about a person becoming homeless intentionally

(1)

The Scottish Ministers may by regulations modify for the purposes of this Part—

(a)

the meaning in section 26 of a person becoming homeless intentionally,

(b)

the power of a local authority under section 28(2)(b) to make further inquiries about whether a person became homeless intentionally,

(c)

any other provision of this Part that relates to a local authority’s determination as to whether or not a person became homeless intentionally.

(2)

Regulations under subsection (1) may—

(a)

make different provision for different purposes,

(b)

make incidental, supplementary, consequential, transitional, transitory or saving provision,

(c)

modify any enactment (including this Act).

(3)

Regulations under subsection (1) are subject to the affirmative procedure.

(4)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers—

(a)

must consult local authorities,

(b)

may consult any other person they consider appropriate.

(5)

The requirement to consult under subsection (4) may be met by consultation carried out before that subsection takes effect.”.

In section 89 (local housing strategies), after subsection (2)(d) (and before the “and” which immediately follows it) insert—

“(da)

the needs of persons in the area for, and the availability of—

(i)

services that must be provided in accordance with section 32B(4) of the 1987 Act, and

(ii)

other housing support services (as defined by section 91(8)),”.

In section 43 (minor definitions), after the opening words insert—

““abuse” includes—

(a)

violence, harassment, threatening conduct, and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress, and

(b)

in a case where abuse of a person is from a partner or ex-partner, abusive behaviour by the partner or ex-partner within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 (as read with sections 1 and 3 of that Act);”.

In Part 2 (tenants of social landlords), after Chapter 3 insert—

“Chapter 4Tenants affected by domestic abuse

56ASocial landlords: policies about supporting tenants affected by domestic abuse

(1)

Every local authority landlord and registered social landlord must prepare and publish a policy (a “domestic abuse policy”) on how it will exercise its functions in relation to the needs of tenants who the landlord has reason to believe have experienced, are experiencing or are at risk of domestic abuse, with a view to preventing homelessness.

(2)

A domestic abuse policy must, in particular, include a description of the action that the landlord must take in relation to the needs of a tenant in the circumstances mentioned in section 14A(6A).

(3)

A landlord—

(a)

may revise its domestic abuse policy, and

(b)

if it does so, must re-publish the policy.

(4)

A landlord must, in exercising its functions, have regard to its domestic abuse policy.

(5)

A landlord must have regard to any guidance issued by the Scottish Ministers about the exercise of its functions under this section including as regards the form and content of a domestic abuse policy.

(6)

In subsection (1), “domestic abuse” means abusive behaviour within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 (as read with sections 1 and 3 of that Act).”.