142.This section modifies sections 24, 26, 28, 30, 32, 33, 35A, 40 and 43 of the 1987 Act, and also inserts new sections 36A to 36E, 40A and 43A.
143.Section 24(2B) is modified to take account of changes made to section 28 of the 1987 Act that also allow a relevant body to make an application under that section for accommodation or for assistance in obtaining accommodation in respect of a person. Subsection (4) is also modified so that, for the purposes of the 1987 Act, a person is threatened with homelessness if it is likely that the person will become homeless within 6 months.
144.Section 28 is modified so that an application may be made to a local authority by a relevant body in respect of a person (for accommodation or assistance to secure accommodation). But any such application by a relevant body must be made in accordance with new sections 36B or 36C.
145.Section 28 is also modified so that a local authority may no longer make inquiries as to whether a person became threatened with homelessness intentionally, and modifications are made to sections 26, 30(3) and (4), 32(2), (3), (5A) and (6) and 40 in consequence of this change.
146.In section 32, subsection (2) is modified so that the local authority must take reasonable steps to remove or, where this is not possible, minimise the threat of homelessness, and to secure that accommodation is available for occupation by the applicant. New subsection (2ZA) provides that the local authority must take reasonable steps to secure that the accommodation occupied by the applicant, when the application is made, continues to be available for occupation and, only if that accommodation will no longer continue to be available, that other accommodation is available for occupation by the applicant. New subsection (2C) requires the local authority to give the applicant advice and assistance of such type as may be prescribed where the local authority considers it appropriate for the purposes of removing or minimising the threat of homelessness and securing that accommodation continues to be, or is otherwise, available for occupation by the applicant.
147.Where a local authority receives an application for accommodation or for assistance in obtaining accommodation under section 28 of the 1987 Act, section 33 makes provision for the referral of the application to another local authority (including a local authority in England or Wales) if certain conditions are met. But the Homeless Persons (Suspension of Referrals between Local Authorities) (Scotland) Order 2022 (S.S.I. 2022/356) modified section 33 so that a Scottish local authority cannot refer any such application to another Scottish local authority. Section 52(7) of the 2025 Act inserts new subsection (7) into section 33 of the 1987 Act so that a Scottish local authority will not be able to refer an application to a local authority in England or Wales in a case where the application is made in respect of a person by a relevant body. This will avoid extending the existing duty on local authorities in England and Wales (created by section 34(2) of the 1987 Act) by also obliging those authorities to deal with referrals of applications from relevant bodies.
148.Section 35A is modified so that a local authority must, on request by an applicant for accommodation (or for assistance in obtaining accommodation), review any decision as to the requirement to take the step mentioned in new section 36B(2) or the steps mentioned in new section 36C(2). The steps to be taken are explained below in the Notes on each new section. In addition, section 35A is modified to make it clear that the reference in section 35A(2)(a) to any decision under section 32 includes, in particular, any decision as to the steps required under section 32(2) and any decision as to the advice or assistance required under section 32(2C).
149.Section 43 is modified to define “appropriate local authority” and “relevant body”, and to remove the obsolete words “or threatened with homelessness intentionally”.
150.The new sections inserted into the 1987 Act make provision as follows—
Section 36A provides that 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 if this is the case. The relevant body must also ask if the person is aware of any application having been made for accommodation or assistance in getting it under section 28 of the 1987 Act, and whether the person consents to the body making such an application if appropriate.
Section 36B provides that, if the relevant body has been informed or otherwise has reason to believe that the person is homeless, the body must make an application under section 28 of the 1987 Act to the appropriate local authority in respect of the person; but only if satisfied that this is appropriate and that it has the person’s consent.
Section 36C provides that, if the relevant body has been informed or otherwise has reason to believe that the person is threatened with homelessness, the body must take such action as it considers appropriate to remove that threat or, where this is not possible, to minimise it (other than by making an application under section 28). Before taking any such action, the relevant body must consult other relevant bodies at it considers appropriate and cooperate with them in taking the action. If the body is satisfied that it is unable to take action itself to remove the threat, it must also make an application under section 28 the appropriate local authority in respect of the person; but only if satisfied that this is appropriate and that it has the person’s consent.
The relevant body must also take other such action as the Scottish Ministers may by regulations specify under subsection (2)(c) of section 36C. The regulations may include provision specifying: the processes that must be followed in connection with assessing the action required, matters that must be taken into account when carrying out the assessment, and information that must be given to the person in question after the assessment. Regulations may not be made under this subsection (2)(c) unless the Scottish Ministers have consulted every other relevant body, and a draft of the regulations has been laid before, and approved by, the Scottish Parliament (see section 36C(8) and (9)).
Section 36D provides that 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.
Section 36E provides that a relevant body must, in the exercise of its functions, have regard to the need to prevent homelessness and any relevant guidance issued by the Scottish Ministers.
Section 40A confers a regulation-making power on the Scottish Ministers to modify section 24 of the 1987 Act to change the meaning, for the purposes of Part 2 of that Act, of a person who is homeless or of a person who is threatened with homelessness. Regulations may not be made under section 40A unless the Scottish Ministers have consulted every other relevant body, and a draft of the regulations has been laid before, and approved by, the Scottish Parliament (see subsections (3) and (4)).
Section 43A gives a regulation-making power to the Scottish Ministers to modify the meaning of “relevant body”. Where they propose to make regulations under this section to add a body to the definition, they must consult the person or a representative.