Part 5

Homelessness prevention

Tenants affected by domestic abuse

Local authorities etc.: consideration of domestic abuse
55
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in paragraph (b), the words from “(within” to the end of that paragraph are repealed,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paragraph (c) is repealed,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in paragraph (b), the words from “(within” to the end of that paragraph are repealed,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paragraph (bb), and the word “or” immediately following that paragraph, are repealed.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subsection (3) is repealed.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—
  1. 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
  2. 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);
.