Part 5

Homelessness prevention

Duties of relevant bodies

Duties of relevant bodies in relation to homelessness
52
1
The Housing (Scotland) Act 1987 is modified as follows.
2
In section 24 (homeless persons and persons threatened with homelessness)—
a
in subsection (2B), for “he has applied” substitute “an application has been made by or in respect of the person”,
b
in subsection (4), for “2” substitute “6”.
3
In section 26 (becoming homeless intentionally)—
a
subsection (2) is repealed,
b
in subsection (3), for the words “purposes of subsection (1) or (2)” substitute “purpose of subsection (1)”,
c
in subsection (4), for “subsections (1) and (2)” substitute “subsection (1)”.
4
In section 28 (inquiry into cases of possible homelessness or threatened homelessness)—
a
in subsection (1)—
i
after “If” insert “an application is made to a local authority by or in respect of”,
ii
the words “applies to a local authority” are repealed,
b
after subsection (1) insert—
1A
An application under subsection (1) may be made in respect of a person (as opposed to by a person) only by a relevant body in accordance with section 36B or 36C.
,
c
in subsection (2)—
i
in the opening words, for “so satisfied” substitute “satisfied that an applicant is homeless”,
ii
in paragraph (b), the words “or threatened with homelessness” are repealed.
5
In section 30 (notification of decision and reasons)—
a
in subsection (3), in paragraph (a), the words “or threatened with homelessness” are repealed,
b
in subsection (4), in paragraph (b), the words “or threatened with homelessness” are repealed.
6
In section 32 (duties to persons found to be threatened with homelessness)—
a
in subsection (2)—
i
for the words from “Where” to “shall” substitute “The local authority must”,
ii
for the words from “secure” to the end of the subsection substitute
—
a
remove or, where this is not possible, minimise the threat of homelessness to the applicant, and
b
secure that accommodation is available for occupation by the applicant.
,
b
after subsection (2) insert—
2ZA
For the purpose of subsection (2)(b), the local authority must take reasonable steps—
a
to secure that the accommodation occupied by the applicant when the application is made continues to be available for occupation by the applicant, and
b
only if that accommodation will not continue to be available for occupation by the applicant, to secure that other accommodation is available for occupation by the applicant.
,
c
after subsection (2B) insert—
2C
The local authority must give the applicant advice and assistance of such type as may be prescribed where the local authority considers it appropriate for the purposes of—
a
removing or minimising the threat of homelessness in relation to the applicant, or
b
securing that accommodation continues to be, or is otherwise, available for occupation by the applicant.
,
d
subsection (3) is repealed,
e
in subsection (5A)—
i
the words “falling within subsection (2)” are repealed,
ii
for “subsections (1) and (2)” substitute “subsection (1)”,
f
in subsection (6), for “subsection (3)” substitute “subsection (2C)”.
7
In section 33 (referral of application to another local authority)—
a
in subsection (1), at the end insert “(but see subsection (7))”,
b
after subsection (6) insert—
7
Where the application mentioned in paragraph (b) of subsection (1) was made by a relevant body, subsection (1) does not apply to the extent that it would otherwise enable a local authority in Scotland, on receiving the application, to notify a local authority in England or Wales in accordance with that subsection.
.
8
In section 35A (right to request review of decision)—
a
in subsection (2), after paragraph (e) insert—
f
any decision as to the requirement to take the step mentioned in section 36B(2),
g
any decision as to the requirement to take the steps mentioned in section 36C(2).
,
b
after subsection (2) insert—
2B
The reference in subsection (2)(a) to any decision under section 32 includes in particular—
a
any decision as to the steps required under subsection (2) of that section,
b
any decision as to the advice or assistance required under subsection (2C) of that section.
.
9
After section 36 insert—

Duties of relevant bodies in relation to homelessness

Duty to ask if a person is homeless or threatened with homelessness
36A
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.

Duty to act if a person may be homeless
36B
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.

Duty to act if a person may be threatened with homelessness
36C
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.

Power of relevant bodies to share information
36D
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.

Duty to have regard to matters relating to homelessness
36E
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.
.
10
In section 40 (false statements etc.), in subsection (1)(c), the words “or threatened with homelessness” are repealed.
11
After section 40 insert—

Meaning of homelessness and threatened with homelessness
40A
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.
.
12
In section 43 (minor definitions)—
a
after the definition of “application (for housing accommodation)” insert—
- “appropriate local authority”, in relation to the duty of a relevant body under section 36B(1) or 36C(1) in respect of a person, means the local authority for the district in which the person is present at the time that the relevant body asks the person the questions required under section 36A(1);
,
b
in the definition of “homeless intentionally or threatened with homelessness intentionally”, the words “or threatened with homelessness intentionally” are repealed,
c
after the definition of “relevant authority” insert—
- “relevant body” means—
  1. a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978,
  2. an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,
  3. a local authority,
  4. the Police Service of Scotland,
  5. a registered social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010),
  6. the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to—
    1. prisons and young offenders institutions (as construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995), and
    2. persons detained in them,
  7. the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to social security,
  8. a Special Health Board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978;
.
13
After section 43 insert—

Power to modify the meaning of “relevant body”
43A
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.
.