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Aberdeen Homelessness Strategy

Legislation - Housing (Scotland) Act 1987

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The major pieces of legislation applicable in Scotland are:-The major pieces of legislation applicable in Scotland are:-

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The following is a summary of the Housing (Scotland) Act 1987 - it is not intended to be detailed legal advice on the provisions.

 

The Housing (Homeless Persons) Act 1977 was consolidated into Part II of the Housing (Scotland) Act 1987.

The legislation required local authorities to make inquiries into the circumstances of applicants to satisfy themselves whether the applicant was homeless or potentially homeless. Once the authority was satisfied this was the case, it had to determine whether the applicant had a priority need, whether he/she became homeless intentionally and, in some cases, whether the applicant had a local connection with another authority in Scotland, England or Wales. A local connection with an authority meant that the applicant normally resided in that area from choice, either because he/she was employ 18 July, 2008 r special reasons.

Section 24 of the Act defined homelessness for the purposes of the Act as follows:-

  • A person was homeless if he/she had no accommodation in the UK or elsewhere.
  • A person was also homeless if he/she had accommodation but couldn't occupy it, for example because of a threat of violence.
  • A person was potentially homeless (threatened with homelessness) if it was likely that he/she would become homeless within two months.
  • A person was intentionally homeless if he/she deliberately did or failed to do anything which led to the loss of accommodation which it was reasonable for him/her to continue to occupy.

Section 25 of the Housing (Scotland) Act 1987 defined the categories of household regarded as having a priority need for accommodation. Further details can be found in the Code of Guidance on Homelessness.