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Change 1
As published
32 Duties to persons found to be threatened with homelessness.
(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.
Your change, as a redline
32 Duties to persons found to be threatened with homelessness.
(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.
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