Housing (Scotland) Act 2025
2025 asp 13
Crown Application
Part 5 - Homelessness Prevention
Homeless persons: intentionality
Section 53 - Power to modify provision about a person becoming homeless intentionally
151.This section inserts new section 40B into the 1987 Act.
152.The new section confers a regulation-making power on the Scottish Ministers to modify, for the purposes of Part 2 of that Act (which makes provision in relation to homeless persons), the meaning of a person becoming homeless intentionally, the power of a local authority to make further inquiries about whether a person became homeless intentionally, and any other provision of the Part that relates to a local authority’s determination as to whether or not a person became homeless intentionally. Regulations may not be made under section 40B unless the Scottish Ministers have consulted local authorities, and a draft of the regulations has been laid before, and approved by, the Scottish Parliament (see inserted subsections (3) and (4)).
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