Prospective

Part 5 S Homelessness prevention

Tenants affected by domestic abuse S

55 Local authorities etc.: consideration of domestic abuse S

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

(2) In section 20 (persons to have priority on housing list and allocation of housing)—

(a) in subsection (2)(aa)(vi), for “domestic abuse (within the meaning of section 33(3))” substitute “abuse”,

(b) in subsection (2C)—

(i) in paragraph (b), the words from “(within” to the end of that paragraph are repealed,

(ii) paragraph (c) is repealed,

(c) after subsection (4) insert—

“(4A) In subsections (2)(aa)(vi) and (2C)(b), “abuse” is to be construed in accordance with the meaning given by section 43.”.

(3) In section 24 (homeless persons and persons threatened with homelessness), in subsection (3)—

(a) in paragraph (b), the words from “(within” to the end of that paragraph are repealed,

(b) paragraph (bb), and the word “or” immediately following that paragraph, are repealed.

(4) In section 33 (referral of application to another local authority)—

(a) in subsection (2)(c)—

(i) for “of domestic abuse” substitute “that occupation of accommodation”,

(ii) after “district” insert “will lead to abuse”,

(b) subsection (3) is repealed.

(5) 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);”.

Commencement Information

I1 S. 55 not in force at Royal Assent, see s. 86(2)(3)