Housing (Scotland) Act 2025

53 Power to modify provision about a person becoming homeless intentionally

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

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

“40B Power 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.”.