Housing (Scotland) Act 1987

PART I — PROVISION OF HOUSING

Duties and powers of local authorities

Duty of local authority to consider needs of their area for further housing accommodation

1

• (1) Every local authority shall consider the housing conditions in their area and the needs of the area for further housing accommodation.

• (2) For that purpose they shall review any information which has been brought to their notice, including in particular information brought to their notice as a result of a survey or inspections made under section (3).

• (3) If the Secretary of State gives them notice to do so, they shall, within 3 months after such notice, prepare and submit to him proposals for the provision of housing accommodation.

• (4) In considering the needs of their area for further housing accommodation under subsection (1), every local authority shall have regard to the special needs of chronically sick or disabled persons; and any proposals prepared and submitted to the Secretary of State under subsection (3) shall distinguish any houses which they propose to provide which make special provision for the needs of such persons.

Powers of local authority to provide housing accommodation

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• (1) A local authority may provide housing accommodation—

• (a) by the erection of houses on any land acquired or appropriated by them;

• (b) by the conversion of any buildings into houses;

• (c) by acquiring houses;

• (d) by altering, enlarging, repairing or improving any houses or other buildings which have, or a right or interest in which has, been acquired by the local authority.

• (2) For the purpose of supplying the needs for housing accommodation in its area, a local authority may exercise any of its powers under subsection (1) outside that area.

• (3) A local authority may alter, enlarge, repair or improve any house provided by them under subsection (1).

• (4) For the purposes of this Part the provision of housing accommodation includes the provision of—

• (a) a cottage with a garden of not more than one acre;

• (b) a hostel.

• (5) In this section “hostel” means—

• (a) in relation to a building provided or converted before 3 July 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained dwellings) and board;

• (b) in relation to a building provided or converted on or after 3 July 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of food adequate to the needs of those persons or both.

• (6) Nothing in this Act shall be taken to require (or to have at any time required) a local authority itself to acquire or hold any houses or other land for the purposes of this Part.

Power of local authority to provide shops, etc., in connection with housing accommodation

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• (1) Subject to the provisions of this section, a local authority may provide and maintain—

• (a) any building adapted for use as a shop;

• (b) any recreation grounds;

• (c) such other buildings or land as are referred to in subsection (2),

in connection with housing accommodation provided by them under this Part.

• (2) The buildings or land referred to in subsection (1)(c) are buildings or land which in the opinion of the Secretary of State will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.

• (3) The provision and maintenance of any building or land under this section—

• (a) requires the consent of the Secretary of State;

• (b) may be undertaken jointly with any other person.

• (4) The Secretary of State may, in giving his consent to the provision of any building or land under this section, by order apply, with any necessary modifications, to that building or land any statutory provisions which would have been applicable to it if the building or land had been provided under any enactment giving any local authority powers for that purpose.

Power of local authority to provide furniture, etc.

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• (1) A local authority—

• (a) may fit out, furnish and supply any house erected, converted or acquired by them under section 2 with all requisite furniture, fittings and conveniences;

• (b) shall have power to sell, or to supply under a hire-purchase agreement, furniture to the occupants of houses provided by the local authority and, for that purpose, to buy furniture.

• (2) In this section “hire-purchase agreement” means a hire-purchase or conditional sale agreement within the meaning of the Consumer Credit Act 1974.

Power of local authority to provide board and laundry facilities

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• (1) The power of a local authority under this Part to provide housing accommodation shall include power to provide, in connection with the provision of such accommodation for any persons, such facilities for obtaining meals and such laundry facilities and services as accord with the needs of those persons.

• (2) A local authority may make such reasonable charges for meals provided by them by virtue of this section, and such reasonable charges to persons availing themselves of laundry facilities or services so provided, as the authority may determine.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of local authority to have regard to amenities of locality, etc.

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• (1) A local authority, in preparing any proposals for the provision of houses or in taking any action under this Act, shall have regard to artistic quality in the lay-out, planning and treatment of the houses to be provided, the beauty of the landscape or countryside and the other amenities of the locality, and the desirability of preserving existing works of architectural, historic or artistic interest.

• (2) For their better advice in carrying out the requirements of subsection (1), a local authority may appoint a local advisory committee including representatives of architectural and other artistic interests.

Execution of works by local authority in connection with housing operations outside their area

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Where any housing operations under this Part are being carried out by a local authority outside their own area, that authority shall have power to execute any works which are necessary for the purposes, or are incidental to the carrying out, of the operations, subject to entering into an agreement with the local authority of the area in which the operations are being carried out as to the terms and conditions on which any such works are to be executed.

Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation

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Where a local authority are providing houses in the area of another local authority, any difference arising between those authorities with respect to the carrying out of the proposals may be referred by either authority to the Secretary of State, and the Secretary of State’s decision shall be final and binding on the authorities.

Acquisition and disposal of land

Power of local authority to acquire land for, or in connection with, provision of housing accommodation

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• (1) A local authority may acquire—

• (a) any land as a site for the erection of houses;

• (b) land proposed to be used for any purpose authorised by section 3 or section 5;

• (c) subject to subsection (2),

• (i) houses, and

• (ii) buildings other than houses, being buildings which may be made suitable as houses,

together with any lands occupied with the houses or buildings, or any right or interest in the houses or buildings;

• (d) land for the purposes of—

• (i) selling or leasing the land under the powers conferred by this Act, with a view to the erection on the land of houses by persons other than the local authority;

• (ii) selling or leasing, under the powers conferred by this Act, any part of the land acquired, with a view to the use of that land for purposes which in the opinion of the local authority are necessary or desirable for, or incidental to, the development of the land as a building estate;

• (iii) carrying out on the land works for the purpose of, or connected with, the alteration, enlargement, repair or improvement of an adjoining house;

• (iv) selling or leasing the land under the powers conferred by this Act, with a view to the carrying out on the land by a person other than the local authority of such works as are mentioned in sub-paragraph (iii).

• (2) Nothing in subsection (1)(c) shall authorise a local authority to acquire otherwise than by agreement any house or other building which is situated on land used for agriculture, and which is required in connection with that use of that land.

Procedure for acquiring land

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• (1) Land for the purposes of this Part may be acquired by a local authority by agreement under section 70 of the Local Government (Scotland) Act 1973.

• (2) A local authority may be authorised by the Secretary of State to purchase land compulsorily for the purposes of this Part, and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act.

• (3) A local authority may acquire land by agreement, or may be authorised by the Secretary of State to purchase land compulsorily, for the purposes of this Part, notwithstanding that the land is not immediately required for those purposes.

• (4) Where land is purchased compulsorily by a local authority for the purposes of this Part, the compensation payable in respect thereof shall be assessed by the Lands Tribunal in accordance with the Land Compensation (Scotland) Act 1963, subject to the rules set out in Schedule I.

Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part

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• (1) Where a local authority have agreed to purchase, or have determined to appropriate, land for the purposes of this Part, subject to the interest of the person in possession of the land, and that interest is not greater than that of a tenant for a year or from year to year, then, at any time after such agreement has been made, or such appropriation takes effect, the authority may, after giving to the person in possession not less than 14 days’ notice and subject to subsection (2), enter on and take possession of the land or such part of it as is specified in the notice without previous consent.

• (2) The powers conferred by subsection (1) are exercisable subject to payment to the person in possession of the like compensation and interest on the compensation awarded, as if the authority had been authorised to purchase the land compulsorily and that person had in pursuance of such power been required to give up possession before the expiration of his term or interest in the land, but without the necessity of compliance with sections 83 to 88 of the Lands Clauses Consolidation (Scotland) Act 1845.

Powers of dealing with land acquired or appropriated for purposes of this Part

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• (1) Where a local authority have acquired or appropriated any land for the purposes of this Part, then, without prejudice to any of their other powers under this Act, the authority may—

• (a) lay out and construct roads and open spaces on the land;

• (b) subject to subsection (5), sell or lease the land or part of the land to any person under the condition that that person will erect on it in accordance with plans approved by the local authority, and maintain, such number of houses of such types as may be specified by the authority, and when necessary will lay out and construct public streets or roads and open spaces on the land, or will use the land for purposes which, in the opinion of the authority, are necessary or desirable for, or incidental to, the development of the land as a building estate in accordance with plans approved by the authority;

• (c) subject to subsections (5) and (7), sell or lease the land or excamb it for land better adapted for those purposes, either with or without paying or receiving any money for equality of exchange;

• (d) subject to subsections (5) and (7), sell or lease any houses or any part share thereof on the land or erected by them on the land, subject to such conditions, restrictions and stipulations as they may think fit to impose in regard to the use of the houses or any part share thereof, and on any such sale they may agree to the price being secured by standard security over the subjects sold.

• (2) Where a local authority sell or lease land under subsection (1), they may contribute or agree to contribute towards the expenses of the development of the land and the laying out and construction of roads on the land, subject to the condition that the roads are dedicated to the public use.

• (3) Where a local authority have acquired a building which may be made suitable as a house, or a right or interest in such a building, they shall forthwith proceed to secure that it is so made suitable either by themselves executing any necessary work or by selling or leasing it to some person subject to conditions for securing that he will so make it suitable.

• (4) Where a local authority acquire any land for the purposes of section 9(1)(d)(iv), they may, subject to subsection (5), sell or lease the land to any person for the purpose and under the condition that that person will carry out on the land, in accordance with plans approved by the authority, the works with a view to the carrying out of which the land was acquired.

• (5) A local authority shall not, in the exercise of their powers under subsection (1)(b), (c) or (d), or subsection (4), dispose of land which consists or forms part of a common or open space or is held for use as allotments, except with the consent of the Secretary of State.

• (6) For the purposes of subsection (5), the consent of the Secretary of State may be given either generally to all local authorities, or to any class of local authorities, or may be given specifically in any particular case, and (whether given generally or otherwise) may be given either unconditionally or subject to such conditions as the Secretary of State may consider appropriate.

• (7) Notwithstanding anything in section 27(1) of the Town and Country Planning (Scotland) Act 1959 (power of local and other public authority to dispose of land without consent of a Minister), a local authority shall not, in the exercise of their powers under subsection (1)(c) or (d), sell or lease any land, house or part share thereof to which the housing revenue account kept under section 203 relates except with the consent of the Secretary of State unless , in the case of a house, it is one to which section 14 applies; and, in giving his consent to such transactions as are referred to in this subsection, the Secretary of State may make general directions or a direction related to a specific transaction.

• (8) Subsection (7) shall not apply , in the case of a house, where—

• (a) the house is being sold to a tenant or to a member of his family who normally resides with him (or to a tenant together with members of his family, as joint purchasers); or

• (b) the requirements of section 14(2)(b) are satisfied.

• (9) Subject to the provisions of the Town and Country Planning (Scotland) Act 1959, section 74 of the Local Government (Scotland) Act 1973 (which makes provision as to price and other matters relating to the disposal of land by local authorities) shall, subject to subsection (10), apply to any disposal of land by a local authority in the exercise of their powers under subsection (4), as it applies to the like disposal of land by a local authority within the meaning of the said Act of 1973 in the exercise of any power under Part VI of that Act.

• (10) The said section 74 shall not apply to the disposal of a house by a local authority, being a disposal in relation to which subsection (7) has effect.

• (11) For the purposes of this section land shall be taken to have been acquired by a local authority in the exercise (directly or indirectly) of compulsory powers if it was acquired by them compulsorily or was acquired by them by agreement at a time when they were authorised by or under any enactment to acquire the land compulsorily; but the land shall not be taken to have been so acquired, if the local authority acquired it (whether compulsorily or by agreement) in consequence of the service in pursuance of any enactment (including any enactment contained in this Act) of a notice requiring the authority to purchase the land.

Power of Secretary of State in certain cases to impose conditions on sale of local authority's houses, etc.

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• (1) If any house, building, or land in respect of which a local authority are required by section 203 to keep a housing revenue account is sold by the authority with the consent of the Secretary of State, the Secretary of State may in giving consent impose such conditions as he thinks just.

• (2) The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include—

• (a) the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local auth-ority making the disposal or any members or officers of that authority;

• (b) the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accomodation let on tenancies or subject to licences;

• (c) the terms of the proposed disposal; and

• (d) any other matters whatsoever which he considers relevant.

• (3) Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions.

Powers of local authorities to sell certain houses without consent of Secretary of State

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• (1) Subject to section 74(2) of the Local Government (Scotland) Act 1973 (restriction on disposal of land) but notwithstanding anything contained in section 12(6) or in any other enactment, a local authority may sell any house to which this section applies without the consent of the Secretary of State.

• (2) This section applies to a house provided for the purposes of this Part, where—

• (a) the house is being sold to a tenant or to members of his family who normally reside with him (or to a tenant together with such members of his family, as joint purchasers) or, in pursuance of Part 11 of the Housing (Scotland) Act 2010 (asp 17) (change of landlord); or

• (b) the house is unoccupied and—

• (i) it is not held on the housing revenue account maintained in terms of section 203; or

• (ii) it is held on the housing revenue account and it is, in the opinion of the local authority, either surplus to its requirements or difficult to let, because it has been continuously vacant for a period of not less than 3 months immediately prior to the date of the sale and during that period it has been on unrestricted offer to any applicant on the local authority’s housing list (within the meaning of section 19 (admission to housing list)).

Power of local authority to enforce obligations against owner for time being of land

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• (1) Where—

• (a) a local authority have sold or excambed land acquired by them under this Act, and the purchaser of the land or the person taking the land in exchange has entered into an agreement with the authority concerning the land; or

• (b) an owner of any land has entered into an agreement with the local authority concerning the land for the purposes of any of the provisions of this Act;

then, if the agreement has been recorded in the General Register of Sasines, or, as the case may be, registered in the Land Register for Scotland, it shall, subject to subsection (2), be enforceable at the instance of the local authority against persons deriving title from the person who entered into the agreement.

• (2) No such agreement shall at any time be enforceable against any party who has in good faith onerously acquired right (whether completed by infeftment or not) to the land prior to the recording of the agreement or against any person deriving title from such party.

Disposal of land for erection of churches, etc.

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Where a local authority, in the exercise of any power conferred on them by this Act, dispose of land to any person for the erection of a church or other building for religious worship or buildings ancillary thereto, then, unless the parties otherwise agree, such disposal shall be by way of disposition.

Management and allocation of local authority’s houses

General management and inspection of local authority's houses

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• (1) The general management, regulation and control of houses held for housing purposes by a local authority shall be vested in . . . the authority.

• (2) A house held for housing purposes by a local authority shall be at all times open to inspection by the local authority for the area in which it is situated or by any officer duly authorised by them.

Byelaws for regulation of local authority's houses

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A local authority may make byelaws for the management, use and regulation of houses held by them for housing purposes.

Admission to housing list

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• (1) An applicant for housing held by a social landlord is entitled to be admitted to a housing list unless the applicant is under 16 years of age.

• (2) In this section, “housing list” means a list of applicants for housing which is kept by any social landlord or jointly by or on behalf of any two or more social landlords in connection with the allocation of housing held by it or them for housing purposes.

• (3) In this Part, “social landlord” means any local authority or any registered social landlord.

Persons to have priority on housing list and allocation of housing

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• (1) A social landlord must, in relation to all houses held by it for housing purposes, secure that in the selection of its tenants a reasonable preference is given to the persons mentioned in subsection (1ZA).

• (1ZA) The persons are—

• (a) persons who—

• (i) subject to subsection (1A), are homeless persons and persons threatened with homelessness (within the meaning of Part 2), and

• (ii) have unmet housing needs,

• (b) persons who—

• (i) are living under unsatisfactory housing conditions, and

• (ii) have unmet housing needs, and

• (c) tenants of houses which—

• (i) are held by a social landlord, and

• (ii) the social landlord selecting its tenants considers to be under-occupied.

• (1ZB) For the purposes of subsection (1ZA), persons have unmet housing needs where the social landlord considers the persons to have housing needs which are not capable of being met by housing options which are available.

• (1A) Homeless persons and persons threatened with homelessness (within the meaning of Part 2) are to be disregarded for the purposes of subsection (1) if they would not be such persons without the local authority having had regard to a restricted person (also within the meaning of Part 2).

• (2) In the allocation of such housing housing falling within subsection (1) a social landlord —

• (a) shall take no account of—

• (i) the length of time for which an applicant has resided in its area; or

• (ii) any outstanding liability (for payment of rent or otherwise) attributable to the tenancy of any house of which the applicant is not, and was not when the liability accrued, a tenant; or

• (iii) except to the extent permitted by section 20B, any liability (for payment of rent or otherwise) of the applicant which is attributable to the applicant’s tenancy of a house but which is no longer outstanding; or

• (iv) any such liability which is outstanding but in respect of which subsection (2A) is satisfied; or

• (v) any outstanding liability of the applicant or of any person who it is proposed will reside with the applicant which is not attributable to the tenancy of a house; or

• (vi) except to the extent permitted by subsection (2B), the age of the applicant provided that the applicant has attained the age of 16 years; or

• (vii) the income of the applicant and his family; or

• (viii) where any of the circumstances in subsection (2C) apply to that person, the ownership of, or value of, heritable property owned by—

• (A) the applicant,

• (B) a person who normally resides with the applicant, or

• (C) a person who it is proposed will reside with the applicant.

• (aa) shall take no account of whether an applicant is resident in their area if the applicant—

• (i) is employed, or has been offered employment, in the area; or

• (ii) wishes to move into the area and they are satisfied that his purpose in doing so is to seek employment; or

• (iii) wishes to move into the area to be near a relative or carer; or

• (iv) has special social or medical reasons for requiring to be housed within the area; or

• (v) is subject to conduct amounting to harassment (“conduct” and “harassment” being construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40)) and wishes to move into the area; or

• (vi) runs the risk of domestic abuse (within the meaning of section 33(3)) and wishes to move into the area; and

• (b) shall not impose a requirement—

• (i) except to the extent permitted by section 20B, that an application must have remained in force for a minimum period; or

• (ii) that a divorce or judicial separation be obtained; or

• (iia) that a dissolution of a civil partnership or a decree of separation of civil partners be obtained, or

• (iii) that the applicant no longer be living with, or in the same house as, some other person,

before the applicant is eligible for the allocation of housing.

• (2A) This subsection is satisfied in respect of an outstanding liability where—

• (a) the amount of the outstanding liability is not more than one twelfth of the annual amount payable (or which was payable) by the applicant to the landlord in respect of the tenancy in question; or

• (b) the applicant—

• (i) has agreed with the landlord an arrangement for paying the outstanding liability;

• (ii) has made payments in accordance with that arrangement for at least three months; and

• (iii) is continuing to make such payments.

• (2B) A local authority and a registered social landlord may take into account the age of applicants in the allocation of—

• (a) houses which have been designed or substantially adapted for occupation by persons of a particular age group;

• (b) houses to persons who are or are to be in receipt of housing support services (within the meaning of section 91 of the Housing (Scotland) Act 2001 (asp 10)) for persons of a particular age group.

• (2C) The circumstances are that—

• (a) in the case of a property which has not been let, the owner cannot secure entry to that property,

• (b) it is probable that occupation of the property will lead to abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14)) from some other person residing in that property,

• (c) it is probable that occupation of it will lead to abuse (within the meaning of that Act) from some other person who previously resided with that person, whether in that property or elsewhere,

• (d) occupation of the property may endanger the health of the occupants and there are no reasonable steps which can be taken by the applicant to prevent that danger.

• (3) A member of a local authority shall be excluded from a decision on the allocation of local authority housing, or of housing in respect of which the local authority may nominate the tenant, where—

• (a) the house in question is situated; or

• (b) the applicant for the house in question resides,

in the electoral division or ward for which that member is elected.

• (4) In the application of this section to registered social landlords, any reference to their area means the local authority area or areas, or the part of that area or those areas, in which the registered social landlord holds houses for housing purposes.

Publication of rules relating to the housing list and to transfer of tenants

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• (1) It shall be the duty—

• (a) of every local authority to make and to publish in accordance with subsection (4), and again within 6 months of any alteration thereof, rules governing—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) the priority of allocation of houses;

• (iii) the transfer of tenants from houses owned by the landlord to houses owned by other bodies;

• (iv) exchanges of houses;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) It shall be the duty of every registered social landlord—

• (a) to make rules governing the matters mentioned in subsection (1)(a)(ii) to (iv);

• (b) within 6 months of the making of rules under paragraph (a), and within 6 months of any alteration of such rules (whether or not made under that paragraph)—

• (i) to send a copy of them to each of the bodies mentioned in subsection (3); and

• (ii) to publish them in accordance with subsections (4) and (5).

• (3) The bodies referred to in subsection (2)(b)(i) are—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) every local authority within whose area there is a house let, or to be let, by a registered social landlord under a Scottish secure tenancy.

• (3A) In making or altering its rules governing the priority of allocation of houses, a social landlord must have regard to—

• (a) any local housing strategy (within the meaning of section 89(1)(b) of the Housing (Scotland) Act 2001) for its area, and

• (b) any guidance published by the Scottish Ministers.

• (3B) Before publishing any guidance mentioned in subsection (3A), the Scottish Ministers must consult such persons as they consider appropriate.

• (3C) The Scottish Ministers may by regulations prescribe persons of a description or type who a social landlord must include in its rules governing the priority of allocation of houses.

• (3D) Regulations under subsection (3C) are subject to the affirmative procedure.

• (4) The rules to be published by a body in accordance with subsection (1) or (2) shall be—

• (a) available for perusal; and

• (b) on sale at a reasonable price; and

• (c) available in summary form on request to members of the public,

at all reasonable times—

• (i) in a case where the body is a local authority or a development corporation, at its principal offices and its housing department offices; and

• (ii) in any other case, at its principal and other offices.

• (5) Rules sent to a local authority in accordance with subsection 2(b) shall be available for perusal at all reasonable times at its principal offices.

• (6) An applicant for housing provided by a body mentioned in subsection (1) or (2) shall be entitled on request to inspect any record kept by that body of information furnished by him to it in connection with his application.

Housing co-operatives

Agreements for exercise by housing co-operatives of local authority housing functions

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Powers of Scottish Special Housing Association

Compulsory purchase of land by Scottish Special Housing Association

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A development corporation may for the purpose of securing the improvement of the amenities of a predominantly residential area within its designated area—

• (a) carry out any works on land owned by it;

• (b) with the agreement of the owner of any land, carry out or arrange for the carrying out of works on that land at his or its expense or in part at the expense of both;

• (c) assist (whether by grants or loans or otherwise) in the carrying out of works on land not owned by it;

• (d) acquire any land by agreement.

PART II — HOMELESS PERSONS

Main definitions

Homeless persons and persons threatened with homelessness

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• (1) A person is homeless if he has no accommodation in the United Kingdom or elsewhere.

• (2) A person is to be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which the local authority consider it reasonable for that person to reside with him—

• (a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or

• (b) has a right or permission, or an implied right or permission to occupy, or in England and Wales has an express or implied licence to occupy, or

• (c) occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession.

• (2A) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

• (2B) Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the area of the local authority to whom he has applied for accommodation or for assistance in obtaining accommodation.

• (3) A person is also homeless if he has accommodation but—

• (a) he cannot secure entry to it, or

• (b) it is probable that occupation of it will lead to abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14)), or

• (bb) it is probable that occupation of it will lead to abuse (within the meaning of that Act) from some other person who previously resided with that person, whether in that accommodation or elsewhere, or

• (c) it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it; or

• (d) it is overcrowded within the meaning of section 135 and may endanger the health of the occupants ; or

• (e) it is not permanent accommodation, in circumstances where, immediately before the commencement of his occupation of it, a local authority had a duty under section 31(2) in relation to him.

• (4) A person is threatened with homelessness if it is likely that he will become homeless within 2 months.

• (5) For the purposes of subsection (3)(e), “permanent accommodation” includes accommodation—

• (a) of which the person is the heritable proprietor,

• (b) secured by a Scottish secure tenancy,

• (c) secured by an assured tenancy that is not a short assured tenancy,

• (d) where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp 10) is satisfied in relation to the person, secured by a short Scottish secure tenancy.

• (e) secured by a private residential tenancy.

Priority need for accommodation

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Becoming homeless intentionally

26

• (1) A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

• (2) A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

• (3) For the purposes of subsection (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

• (4) Regard may be had, in determining for the purpose of subsections (1) and (2) whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in the district of the local authority to whom he applied for accommodation or for assistance in obtaining accommodation.

Meaning of "local connection"

27

• (1) Any reference in this Part to a person having a local connection with a district is a reference to his having a connection with that district—

• (a) because he is, or in the past was, normally resident in it and his residence in it is or was of his own choice; or

• (b) because he is employed in it, or

• (c) because of family associations, or

• (d) because of any special circumstances.

• (2) Residence in a district is not of a person’s own choice for the purposes of subsection (1) if he became resident in it—

• (a) because he or any person who might reasonably be expected to reside with him—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) was detained under the authority of any Act of Parliament, or

• (iii) was resident in accommodation provided in pursuance of section 95 (provision of support for asylum-seekers and dependants) of the Immigration and Asylum Act 1999 (c. 33),

• (b) in such other circumstances as the Secretary of State may by order specify.

• (3) A person is not employed in a district for the purposes of subsection (1)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in such ... circumstances as the Secretary of State may by order specify.

• (4) An order under subsections (2) or (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Duties of local authorities with respect to homelessness and threatened homelessness

Inquiry into cases, of possible homelessness or threatened homelessness

28

• (1) If a person (“an applicant”) applies to a local authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves as to whether he is homeless or threatened with homelessness.

• (2) If the authority are so satisfied, they

• (b) may, if they think fit, make any further inquiries necessary to satisfy themselves as to whether he became homeless or threatened with homelessness intentionally;

and if the authority think fit, they may also make inquiries as to whether he has a local connection with the district of another local authority in Scotland, England or Wales.

Interim duty to accommodate in case of apparent priority need

29

• (1) If the local authority have reason to believe that an applicant may be homeless . . ., they shall secure that accommodation is made available for his occupation

• (a) pending any decision which they may make as a result of their inquiries under section 28.

• (b) where the applicant has, under section 35A, requested a review of a decision of the authority, until they have notified him in accordance with section 35B of the decision reached on review.

• (c) where, by virtue of a decision referred to in paragraph (a) or (b), the authority have a duty under section 31 to secure that accommodation of a particular description becomes available for the applicant’s occupation, until such accommodation becomes available.

• (2) This duty arises irrespective of any local connection which an applicant may have with the district of another local authority.

• (3) In subsection (1), “accommodation”, in the first place where the expression occurs, does not include accommodation of such description as the Scottish Ministers may, by order made by statutory instrument, specify.

• (4) Such an order may—

• (a) specify any description of accommodation subject to conditions or exceptions,

• (b) make different provision for different purposes and different areas.

• (5) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Notification of decision and reasons

30

• (1) On completing their inquiries under section 28, the local authority shall notify the applicant of their decision on the question whether he is homeless or threatened with homelessness.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If they notify him that their decision is that he is homeless or threatened with homelessness, they shall at the same time notify him—

• (a) where they have made inquiries under section 28(2)(b), of their decision on the question whether he became homeless or threatened with homelessness intentionally, and

• (b) whether they have notified or propose to notify any other local authority under section 33 that his application has been made.

• (3A) If they decide that he is homeless or threatened with homelessness, but would not have done so without having had regard to a restricted person, they shall also notify him of—

• (a) the fact that their decision was reached on that basis,

• (b) the name of the restricted person,

• (c) the reason why the person is a restricted person, and

• (d) the effect of section 31(2G) or (as the case may be) 32(2A) and (2B).

• (4) If they notify him—

• (a) that they are not satisfied—

• (i) that he is homeless or threatened with homelessness, . . .

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) that they are satisfied that he became homeless or threatened with homelessness intentionally, or

• (c) that they have notified or propose to notify another local authority under section 33 that his application has been made,

they shall at the same time notify him of their reasons.

• (4A) They shall also notify him—

• (a) that he may request a review of the decision and of the time within which such a request must be made, and

• (b) of the advice and assistance that is available to him in connection with any such review.

• (5) The notice required to be given to a person under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

• (6) In this Part “a restricted person” means a person—

• (a) who is not eligible for assistance under this Part,

• (b) who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

• (c) either—

• (i) who does not have leave to enter or remain in the United Kingdom, or

• (ii) whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.

Duties to persons found to be homeless

31

• (1) This section applies where a local authority are satisfied that an applicant is homeless.

• (2) Where they ... are not satisfied that he became homeless intentionally, they shall, unless they notify another local authority in accordance with section 33 (referral of application on ground of local connection) secure that permanent accommodation becomes available for his occupation.

• (2A) In a restricted case the local authority shall cease to be subject to the duty under subsection (2) if the applicant, having been informed of the matters mentioned in subsection (2B)—

• (a) accepts a private accommodation offer, or

• (b) refuses such an offer.

• (2B) The matters are—

• (a) the possible consequence of refusal of the offer, and

• (b) that the applicant has the right to request a review of the decisions mentioned in section 35A(2)(e).

• (2C) In this section “a restricted case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.

• (2D) For the purposes of this Part an offer is a private accommodation offer if—

• (a) it is an offer of a short assured tenancy made by a landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,

• (b) it is made, with the approval of the local authority, in pursuance of arrangements made by them with the landlord with a view to bringing their duty under subsection (2) to an end, and

• (c) the tenancy being offered is for a period of at least 12 months.

• (2E) The local authority shall not approve a private accommodation offer unless they are satisfied that it is reasonable for the applicant to accept the offer.

• (2F) For the purposes of subsection (2E) an applicant may reasonably be expected to accept an offer even though he is under contractual or other obligations in respect of his existing accommodation, provided he is able to bring those obligations to an end before he is required to take up the offer.

• (2G) In a restricted case the local authority shall, so far as reasonably practicable, bring their duty under subsection (2) to an end as mentioned in subsection (2A).

• (2H) Subsections (2A) to (2G) are without prejudice to any other way in which the local authority can cease to be subject to the duty under subsection (2).

• (3) In any other case, they In a case not falling within subsection (2), the local authority shall—

• (a) secure that accommodation is made available for his the applicant's occupation for such period as they consider will give him a reasonable opportunity of himself securing accommodation for his occupation; and

• (b) furnish him with advice and assistance of such type as may be prescribed, in any attempts he may make to secure that accommodation becomes available for his occupation.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For the purposes of subsection (2), “permanent accommodation” includes accommodation—

• (a) secured by a Scottish secure tenancy,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) where paragraph 1, 2 or 2A of schedule 6 to the Housing (Scotland) Act 2001 (asp10) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy.

• (d) secured by a private residential tenancy.

Duties to persons found to be threatened with homelessness

32

• (1) This section applies where a local authority are satisfied that an applicant is threatened with homelessness.

• (2) Where they ... are not satisfied that he became threatened with homelessness intentionally they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

• (2A) Subsection (2B) applies in a restricted threatened homelessness case where, in pursuance of the duty under subsection (2), the local authority secure that accommodation other than that occupied by the applicant when he made his application is available for occupation by him.

• (2B) The provisions of section 31(2A) to (2H) (circumstances in which duty in restricted case ceases) apply, with any necessary modifications, in relation to the duty under subsection (2) as they apply in relation to the duty under section 31(2) in a restricted case (within the meaning of that section).

• (3) In any other case they shall furnish him In a case not falling within subsection (2) the local authority shall furnish the applicant with advice and assistance of such type as may be prescribed, in any attempts he may make to secure that accomodation does not cease to be available for his occupation.

• (4) Nothing in subsection (2) shall affect any right of a local authority to secure vacant possession of accommodation, whether by virtue of a contract or of any enactment or rule of law.

• (5) In section 31 and in this section, “accommodation” does not include accommodation

• (a) that is overcrowded within the meaning of section 135 or which may endanger the health of the occupants.

• (b) that does not meet any special needs of the applicant and any other person referred to in section 24(2), or

• (c) that it is not reasonable for the applicant to occupy.

• (5A) In this section “a restricted threatened homelessness case” means a case falling within subsection (2) where the local authority would not be satisfied as mentioned in subsections (1) and (2) without having had regard to a restricted person.

• (6) Regulations made by virtue of section 31(3)(b) or subsection (3) above may make different provision for different purposes and different areas.

• (7) Before making any such regulations, the Scottish Ministers shall consult—

• (a) such associations representing local authorities, and

• (b) such other persons,

as they think fit on the proposed regulations.

• (8) In exercising their functions under section 31 or this section in respect of a person with whom dependent children reside or might reasonably be expected to reside, the local authority shall have regard to the best interests of the dependent children ... and shall, without prejudice to subsection (5) above and section 41, ensure that accommodation provided for such a person’s occupation is suitable for occupation by such children, so far as consistent with their best interests.

Referral of application to another local authority

33

• (1) If a local authority—

• (a) are satisfied that an applicant is homeless ... and are not satisfied that he became homeless intentionally, but

• (b) are of opinion that the conditions are satisfied for referral of his application to another local authority,

they may notify that other local authority in Scotland, England or Wales of the fact that his application has been made and that they are of that opinion.

• (2) The conditions of referral of an application to another local authority are—

• (a) that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,

• (b) that the applicant or a person who might reasonably be expected to reside with him has a local connection with that other local authority’s district, and

• (c) that neither that applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic abuse in that other local authority’s district.

• (3) For the purposes of this section a person runs the risk of domestic abuse —

• (a) if he runs the risk of abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14)) from a person with whom, but for the risk of abuse , he might reasonably be expected to reside, or from a person with whom he formerly resided, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority, or in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.

• (5) An order may direct that the arrangements shall be—

• (a) those agreed by any relevant authorities or association of relevant authorities, or

• (b) in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

• (6) No order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

Duties to persons whose applications are referred

34

• (1) Where, in accordance with section 33(1), a local authority notify another authority of an application, the notifying authority shall secure that accommodation is available for occupation by the applicant until it is determined whether the conditions for referral of his application to the other authority are satisfied.

• (2) If it is determined that the conditions for referral are satisfied, the notified authority shall secure that permanent accommodation becomes available for occupation by the applicant; if it is determined that the conditions are not satisfied, the notifying authority shall secure that permanent accommodation becomes available for occupation by him.

If it is determined that the conditions for referral—

• (a) are satisfied, the notified authority are subject to the duty under section 31(2);

• (b) are not satisfied, the notifying authority are subject to that duty.

• (3) When the matter has been determined, the notifying authority shall notify the applicant—

• (a) whether they or the notified authority are the authority whose duty it is to secure that permanent accommodation becomes available for his occupation,

whether they or the notified authority are subject to the duty under section 31(2), and

• (b) of the reasons why the authority subject to that duty are subject to it.

• (3A) The notifying authority shall also notify him—

• (a) that he may request a review of the determination and of the time within which such a request must be made, and

• (b) of the advice and assistance that is available to him in connection with any such review.

• (4) The notice required to be given to a person under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

• (5) For the purposes of subsection (1), “accommodation” has the meaning given in section 32(5).

• (6) For the purposes of subsections (2) and (3)(a), “permanent accommodation” has the meaning given in section 31(5) as read with section 32(5).

Supplementary provisions

35

• (1) A local authority may perform any duty under section 31 or 34 (duties to persons found to be homeless to secure that accommodation becomes available for the occupation of a person)—

• (a) by making available accommodation held by them under Part I (provision of housing) or under any other enactment,

• (b) by securing that he obtains accommodation from some other person, or

• (c) by giving him such advice and assistance as will secure that he obtains accommodation from some other person.

• (2) Without prejudice to section 210(1), a local authority may require a person to whom they were subject to a duty under section 29, 31 or 34 (interim duty to accommodate pending inquiries and duties to persons found to be homeless)—

• (a) to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or

• (b) to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.

Protection of property of homeless persons and persons threatened with homelessness

36

• (1) This section applies where a local authority have reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom they owe a duty under section 29 (interim duty to accommodate pending inquiries), that he may be homeless) and that—

• (a) there is a danger of loss of, or damage to, any moveable property of his by reason of his inability to protect it or deal with it, and

• (b) no other suitable arrangements have been or are being made.

• (2) If the authority have become subject to a duty towards the applicant under section 29, 31(2) or (3)(a), 32(2) or 34 (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the moveable property or prevent or mitigate damage to it; and if they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.

• (3) The authority may for the purposes of this section—

• (a) enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and

• (b) deal with any moveable property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

• (4) The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—

• (a) the making and recovery by the authority of reasonable charges for the action taken, or

• (b) the disposal by the authority, in such circumstances as may be specified, of moveable property in relation to which they have taken action.

• (5) When in the authority’s opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person’s moveable property by reason of his inability to protect it or deal with it, the authority shall cease to have any duty or power to take action under this section; but property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store shall continue to have effect, with any necessary modifications.

• (6) Where the authority—

• (a) cease to be subject to a duty to take action under this section in respect of an applicant’s moveable property, or

• (b) cease to have power to take such action, having previously taken such action,

they shall notify the applicant of that fact and of the reason why they are of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his moveable property by reason of his inability to protect it or deal with it.

• (7) The notification shall be given to the applicant—

• (a) by delivering it to him, or

• (b) by leaving it, or sending it to him, at his last known address.

• (8) References in this section to moveable property of the applicant include moveable property of any person who might reasonably be expected to reside with him.

Administrative provisions

Guidance to authorities by the Secretary of State

37

• (1) In relation to homeless persons and persons threatened with homelessness, a relevant authority shall have regard in the exercise of their functions to such guidance as may from time to time be given by the Secretary of State.

• (2) The Secretary of State may give guidance either generally or to specified descriptions of authorities.

Co-operation between authorities

38

Where a local authority—

• (a) request another local authority in Scotland or England or Wales, a development corporation, a registered housing association or the Scottish Special Housing Association to assist them in the discharge of their functions under sections 28, 29, 31 to 33 and 34(1) and (2) (which relate to the duties of local authorities with respect to homelessness and threatened homelessness as such),

• (b) request a social work authority in Scotland or a social services authority in England or Wales to exercise any of their functions in relation to a case which the local authority are dealing with under those provisions, or

• (c) request another local authority in Scotland or England or Wales to assist them in the discharge of their functions under section 36 (protection of property of homeless persons and persons threatened with homelessness),

the authority to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.

Assistance for voluntary organisations

Financial and other assistance for voluntary organisations concerned with homelessness

39

• (1) The Secretary of State, with the consent of the Treasury, may, upon such terms and subject to such conditions as he may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan or partly in the one way and partly in the other.

• (2) A local authority may, upon such terms and subject to such conditions as they may determine, give to such a voluntary organisation such assistance as is mentioned in subsection (1), and may also assist such an organisation by—

• (a) permitting them to use premises belonging to the authority upon such terms and subject to such conditions as may be agreed,

• (b) making available furniture or other goods, whether by way of gift, loan or otherwise, and

• (c) making available the services of staff employed by the authority.

• (3) No assistance shall be given under subsection (1) or (2) unless the voluntary organisation first give an undertaking—

• (a) that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and

• (b) that they will, if the person giving the assistance serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.

• (4) The conditions subject to which assistance is given under this section shall in all cases include, in addition to any conditions determined or agreed under subsection (1) or (2), conditions requiring the voluntary organisation to—

• (a) keep proper books of account and have them audited in such manner as may be specified,

• (b) keep records indicating how they have used the money, furniture or other goods or premises made available to them, and

• (c) submit the books of account and records for inspection by the person giving the assistance.

• (5) If it appears to the person giving the assistance that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless he has first served on the voluntary organisation a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.

Supplementary provisions

False statements, withholding information and failure to disclose change of circumstances

40

• (1) If a person, with intent to induce a local authority to believe, in connection with the exercise of their functions under this Part, that he or another person—

• (a) is homeless or threatened with homelessness, or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) did not become homeless or threatened with homelessness intentionally,

knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions, he shall be guilty of an offence.

• (2) If before an applicant receives notification of the local authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible; and the authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).

• (3) A person who fails to comply with subsection (2) commits an offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.

• (4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Meaning of accommodation available for occupation

41

For the purposes of this Part accommodation shall be regarded as available for a person’s occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person’s occupation shall be construed accordingly.

Application of this Part to cases arising in England or Wales

42

• (1) Sections 33 and 34 (referral of application to another local authority and duties to persons whose applications are referred) apply—

• (a) to applications referred by a local authority in England or Wales in pursuance of section 198(1) of the Housing Act 1996, and

• (b) to persons whose applications are so transferred,

as they apply to cases arising under this Part.

• (2) Section 38 (duty of other authorities to co-operate with local authority) applies to a request by a local authority in England or Wales under section 213 of the Housing Act 1996 as it applies to a request by a local authority in Scotland.

• (3) In this Part, in relation to England and Wales—

• (a) “local authority” means a local housing authority within the meaning of section 1(1) of the said Act of 1985 and references to the district of such an authority are to the area of the council concerned,

• (b) “social work authority” means a social services authority for the purposes of the Local Authority Social Services Act 1970, as defined in section 1 of that Act;

and in section 38(a) (requests for co-operation) “development corporation” means a development corporation established by an order made or having effect as if made under the New Towns Act 1981 or the Commission for the New Towns.

Minor definitions

43

In this Part—

• “accommodation available for occupation” has the meaning assigned to it by section 41;

• “applicant (for housing accommodation)” has the meaning assigned to it by section 28(1);

• “homeless” has the meaning assigned to it by section 24(1) to (3);

• “homeless intentionally or threatened with homelessness intentionally” has the meaning assigned to it by section 26;

• “local connection (in relation to the district of a local authority)” has the meaning assigned to it by section 27;

• ...

• “private accommodation offer” has the meaning assigned to it by section 31(2D);

• “private residential tenancy” has the meaning given by the Private Housing (Tenancies) (Scotland) Act 2016;

• “relevant authority” means a local authority or social work authority;

• “restricted person” has the meaning assigned to it by section 30(6);

• “securing accommodation for a person’s occupation” has the meaning assigned to it by section 41;

• “short assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988;

• “social work authority” means a local authority for the purposes of the Social Work (Scotland) Act 1968, that is to say, a regional or islands council;

• “threatened with homelessness” has the meaning assigned to it by section 24(4);

• “voluntary organisation” means a body, not being a public or local authority, whose activities are carried on otherwise than for profit.

PART III — RIGHTS OF PUBLIC SECTOR TENANTS

Security of tenure

Secure tenancies

44

Special provision for housing associations

45

Restriction on termination of secure tenancy

46

Proceedings for possession

47

Powers of sheriff in proceedings

48

Rights of landlord where a secure tenancy appears to have been abandoned

49

Repossession

50

Tenant's right of recourse to sheriff

51

Succession

Succession to secure tenancy

52

Leases

Tenant's right to written lease

53

Restriction on variation of terms of secure tenancies

54

Subletting

No subletting by secure tenant without landlord's consent

55

Rent payable by subtenants

56

Repairs and improvements

Landlord's consent to work

57

Reimbursement of cost of work

58

Effect of works on rent

59

Scheme giving tenant a right to carry out repairs

60

Right to buy

Secure tenant's right to purchase

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The price

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

Application to purchase and offer to sell

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions of sale

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of conditions

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of acceptance

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fixed price option

67

Refusal of applications

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Houses provided for special purposes

Secretary of State's power to authorise refusal to sell certain houses provided for persons of pensionable age

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to refuse to sell certain houses required for educational purposes

70

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lands Tribunal

Reference to Lands Tribunal

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recover ability of discount

Recovery of discount on early re-sale

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cases where discount etc. is not recoverable

73

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Duties of landlords

Duties of landlords

74

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Agreements affecting right to purchase

75

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Duty of landlords to provide information to secure tenants

76

Powers of Secretary of State

Secretary of State may make provision for vesting in landlord to bring into being tenant's right to purchase house

77

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