Law

Housing (Scotland) Act 1987

United Kingdom · statute

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In force since 2026-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 256 provisions
  1. Title and introductory text
  2. 1 Duty of local authority to consider needs of their area for further housing accommodation.
  3. 2 Powers of local authority to provide housing accommodation.
  4. 3 Power of local authority to provide shops, etc., in connection with housing accommodation.
  5. 4 Power of local authority to provide furniture, etc.
  6. 5 Power of local authority to provide board and laundry facilities.
  7. 5A Power of local authority to provide welfare services.
  8. 5B Power to repeal provisions relating to welfare services.
  9. 6 Duty of local authority to have regard to amenities of locality, etc.
  10. 7 Execution of works by local authority in connection with housing operations outside their area.
  11. 8 Adjustment of differences between local authorities as to carrying out of proposals for provision of housing accommodation.
  12. 9 Power of local authority to acquire land for, or in connection with, provision of housing accommodation.
  13. 10 Procedure for acquiring land.
  14. 11 Local authority may take possession of land to be acquired by agreement or appropriated for purposes of this Part.
  15. 12 Powers of dealing with land acquired or appropriated for purposes of this Part.
  16. 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  17. 13 Power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses, etc.
  18. 14 Powers of local authorities to sell certain houses without consent of Secretary of State.
  19. 15 Power of local authority to enforce obligations against owner for time being of land.
  20. 16 Disposal of land for erection of churches, etc.
  21. 17 General management and inspection of local authority’s houses.
  22. 17A Publication of information.
  23. 17B Power of Secretary of State to direct local authority.
  24. 17C Management plan.
  25. 18 Byelaws for regulation of local authority’s houses.
  26. 19 Admission to housing list
  27. 20 Persons to have priority on housing list and allocation of housing.
  28. 20A Rules on priority of allocation of housing: consultation
  29. 20B Determination of minimum period for application to remain in force
  30. 21 Rules relating to the housing list and to transfer of tenants
  31. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  32. 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  33. 23 Improvement of amenities of residential area by development corporations.
  34. 24 Homeless persons and persons threatened with homelessness.
  35. 25 Priority need for accommodation.
  36. 26 Becoming homeless intentionally.
  37. 27 Meaning of “local connection”.
  38. 28 Inquiry into cases of possible homelessness or threatened homelessness.
  39. 29 Interim duty to accommodate ....
  40. 30 Notification of decision and reasons.
  41. 31 Duties to persons found to be homeless.
  42. 32 Duties to persons found to be threatened with homelessness.
  43. 32A Power of the Scottish Ministers to modify application of sections 31 and 32
  44. 32B Housing support: persons found to be homeless or threatened with homelessness
  45. 33 Referral of application to another local authority.
  46. 33A Power to modify section 33
  47. 33B Statement on exercise of power to modify section 33
  48. 34 Duties to persons whose applications are referred.
  49. 35 Supplementary provisions.
  50. 35A Right to request review of decision
  51. 35B Procedure on review
  52. 36 Protection of property of homeless persons and persons threatened with homelessness.
  53. 36A Duty to ask if a person is homeless or threatened with homelessness
  54. 36B Duty to act if a person may be homeless
  55. 36C Duty to act if a person may be threatened with homelessness
  56. 36D Power of relevant bodies to share information
  57. 36E Duty to have regard to matters relating to homelessness
  58. 37 Guidance to authorities by the Secretary of State.
  59. 38 Co-operation between authorities.
  60. 39 Financial and other assistance for voluntary organisations concerned with homelessness.
  61. 40 False statements, withholding information and failure to disclose change of circumstances.
  62. 40A Meaning of homelessness and threatened with homelessness
  63. 40B Power to modify provision about a person becoming homeless intentionally
  64. 41 Meaning of accommodation available for occupation.
  65. 42 Application of this Part to cases arising in England or Wales.
  66. 43 Minor definitions.
  67. 43A Power to modify the meaning of “relevant body”
  68. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  69. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  70. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  72. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  74. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  76. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  77. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  78. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  79. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  80. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  81. 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  82. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  83. 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  84. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  85. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  86. 81A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  87. 81B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 82 Interpretation of sections 14, 19 and 20
  89. 83 Members of a person’s family.
  90. 84 Service of notices.
  91. 84A Application of right to buy to cases where landlord is lessee.
  92. 85 General duty of local authority in respect of houses not meeting tolerable standard.
  93. 86 Definition of house meeting tolerable standard.
  94. 87 Official representation that house does not meet tolerable standard.
  95. 88 Improvement of houses below tolerable standard outside housing action areas.
  96. 89 Declaration of housing action areas for demolition.
  97. 90 Declaration of housing action areas for improvement.
  98. 91 Declaration of housing action areas for demolition and improvement.
  99. 92 Provisions supplementary to sections 89 to 91.
  100. 93 Consent to demolition of listed buildings, rehabilitation orders and compensation.
  101. 94 Functions of Secretary of State, and duty of local authority to publish information.
  102. 95 Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings.
  103. 96 Power of local authority to retain houses subject to demolition for temporary occupation.
  104. 97 Local authority may control occupation of houses in housing action area.
  105. 98 Obligation of local authorities in relation to rehousing in housing action areas.
  106. 99 Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(a).
  107. 100 Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(c).
  108. 101 Application to sheriff for possession where house is identified in accordance with paragraph 1 of Schedule 8 as read with section 92(4)(b).
  109. 102 Procedure; and application of s.103(1) of Rent (Scotland) Act 1984.
  110. 103 Certain provisions of Rent (Scotland) Act 1984 not to apply.
  111. 104 Effect of refusal to make order on validity of resolution.
  112. 105 Exclusion of houses controlled by Crown.
  113. 106 Power of local authority to arrange for the execution of works of improvement by agreement with the owner.
  114. 107 Conditions may be attached to sale of below-standard local authority houses.
  115. 108 Power of local authority to secure repair of house in state of serious disrepair.
  116. 109 Recovery by local authority of expenses under s.108.
  117. 110 Recovery by lessee of proportion of expenses incurred in repairing house.
  118. 111 Appeals under Part V.
  119. 112 Date of operation of notices, demands and orders subject to appeal.
  120. 113 Obligations to repair.
  121. 114 Closing order.
  122. 115 Demolition order.
  123. 116 Revocation of closing and demolition order.
  124. 117 Undertakings to bring up to tolerable standard and suspension order.
  125. 118 Service.
  126. 119 Listed buildings and houses subject to building preservation orders.
  127. 120 Powers of local authority in relation to building consisting wholly of closed houses.
  128. 121 Local authority may acquire and repair house or building liable to closing or demolition order.
  129. 122 Penalty for use of premises in contravention of closing order or of undertaking.
  130. 123 Procedure where demolition order made.
  131. 124 Power of local authority to purchase site of demolished building where expenses of demolition cannot be recovered.
  132. 125 Local authority may by resolution require demolition of obstructive building.
  133. 126 Effect of resolution for demolition of obstructive building.
  134. 127 Recovery of possession of building or house subject to closing order, etc.
  135. 128 Recovery of possession of house subject to statutorily regulated tenancy
  136. 129 Appeals.
  137. 130 Date of operation of notices, orders or resolutions subject to appeal.
  138. 131 Power of local authority to make charging order in favour of themselves.
  139. 132 Protection of superiors and owners.
  140. 133 Interpretation.
  141. 134 Saving for telecommunication and gas apparatus.
  142. 135 Definition of overcrowding.
  143. 136 The room standard.
  144. 137 The space standard.
  145. 138 Secretary of State may increase permitted number of persons temporarily.
  146. 139 Penalty for occupier causing or permitting overcrowding.
  147. 140 Exception: children attaining age of 1 or 10.
  148. 141 Exception: temporary visitor.
  149. 142 Licence of local authority.
  150. 143 Exception: holiday visitors.
  151. 144 Offence by landlord not to inform prospective tenant of permitted number of occupants.
  152. 145 Recovery of possession of overcrowded house that is let.
  153. 146 Duty of local authority to inspect district and to make reports and proposals as to overcrowding.
  154. 147 Power to require information about persons sleeping in house.
  155. 148 Duty to give information to landlords and occupiers.
  156. 149 Power to publish information.
  157. 150 Duty to enforce this Part.
  158. 151 Interpretation and application.
  159. 191 Housing support grants: fixing of aggregate amount.
  160. 192 Apportionment of housing support grants.
  161. 193 Variation of orders.
  162. 194 Grants payable to the Scottish Special Housing Association and development corporations.
  163. 195 Grants for affording tax relief to Scottish Special Housing Association.
  164. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  165. 197 Financial assistance to voluntary organisations concerned with housing.
  166. 198 Payment of grants and accounting provisions.
  167. 199 Termination of certain exchequer payments to housing authorities.
  168. 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  169. 201 Payment of subsidies and accounting provisions.
  170. 202 Power of Secretary of State to reduce, suspend, discontinue or transfer particular Exchequer contributions.
  171. 203 The housing revenue account.
  172. 204 Power of Secretary of State to limit estimated rate fund contributions to housing revenue account.
  173. 205 The rent rebate account.
  174. 206 The rent allowance account.
  175. 207 The slum clearance revenue account.
  176. 208 Application of receipts from disposal of certain land.
  177. 209 Adjustment of accounts on appropriation of land.
  178. 210 Rents for public sector housing.
  179. 211 Service charges.
  180. 212 Rent increase notice.
  181. 213 Removal notice.
  182. 214 Power of local authority to make advances for the purpose of increasing housing accommodation.
  183. 215 Requirements as to meeting tolerable standard.
  184. 216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  185. 217 Duty of local authorities to offer loans to meet expenses of improvement of houses in housing action areas.
  186. 218 Duty of local authority to offer loans to meet expenses of repairs.
  187. 219 Local authority home loan interest rates.
  188. 220 Variation of rate by local authority.
  189. 221 Variation of rate by Secretary of State.
  190. 222 Advances to recognised lending institutions to assist first-time buyers.
  191. 223 Forms of assistance and qualifying conditions.
  192. 224 Recognised lending institutions.
  193. 225 Recognised savings institutions.
  194. 226 Terms of advances and administration.
  195. 227 Modifications of building society law and disapplication of provisions of the Restrictive Trade Practices Act 1976 in relation to assistance for first-time buyers.
  196. 228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  197. 229 Local authority indemnities for building societies, etc.
  198. 230 Assistance by local authority for acquiring houses in need of repair and improvement.
  199. 231 Local loans made by the Treasury for provision or improvement of housing accommodation.
  200. 233 Power of local authority to assist in provision of separate service water pipes for houses.
  201. 234 Financial assistance towards tenants’ removal expenses.
  202. 235 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  203. 240B Applicant’s contribution: review
  204. 304 Payments in respect of well-maintained houses subject to closing orders etc.
  205. 305 Payments in respect of well-maintained houses subject to compulsory purchase as not meeting the tolerable standard.
  206. 306 Calculation of amount payable for well- maintained houses.
  207. 307 Repayment of payments made in connection with closing or demolition order when revoked.
  208. 308 Right to and amount of payments for house not meeting tolerable standard.
  209. 309 Right of parties to certain agreements secured on, or related to, houses not meeting the tolerable standard to apply to sheriff for adjustment of the agreements.
  210. 310 Provisions as to house subject to heritable security or purchased by instalments.
  211. 311 Interpretation of sections 308 to 310.
  212. 312 Payment of purchase money or compensation by one local authority to another.
  213. 313 Byelaws with respect to houses in multiple occupation.
  214. 314 Byelaws with respect to accommodation for agricultural workers.
  215. 315 Byelaws with respect to accommodation for seasonal workers.
  216. 316 Confirmation of byelaws.
  217. 317 Power of entry for survey, etc.
  218. 318 Penalty for obstructing execution of Act.
  219. 319 Penalty for preventing execution of works, etc.
  220. 320 Penalty for damage to houses, etc.
  221. 321 Liability of directors, etc. in case of offence by body corporate.
  222. 322 Sheriff may determine lease in certain cases.
  223. 323 Sheriff may authorise superior to execute works, etc.
  224. 324 Procedure on applications and appeals to sheriff.
  225. 325 Occupier or tenant may be required to state interest.
  226. 326 Service by description on certain persons whose identity is unknown and on a number of persons of one description.
  227. 327 Disclosure of landlord’s identity.
  228. 328 Duty to inform tenant of assignation of landlord’s interest.
  229. 329 Power of Secretary of State in event of failure of local authority to exercise powers.
  230. 330 Power of Secretary of State to prescribe forms, etc.
  231. 331 Regulations: procedure.
  232. 332 Secretary of State’s power to dispense with advertisements and notices.
  233. 333 Local inquiries.
  234. 334 Power of heir of entail to sell land for housing purposes.
  235. 335 Crown rights.
  236. 336 Limitation on liability of trustee etc. for expenses incurred by local authority.
  237. 337 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  238. 338 Interpretation.
  239. 339 Minor and consequential amendments, transitional provisions and repeals.
  240. 340 Citation, commencement and extent.
  241. SCHEDULE 1 RULES AS TO ASSESSMENT OF COMPENSATION WHERE LAND PURCHASED COMPULSORILY IN CERTAIN CIRCUMSTANCES
  242. SCHEDULE 2 TENANCIES WHICH ARE NOT SECURE TENANCIES
  243. SCHEDULE 3 GROUNDS FOR RECOVERY OF POSSESSION OF HOUSES LET UNDER SECURE TENANCIES
  244. SCHEDULE 4 TERMS OF SECURE TENANCY RELATING TO SUBLETTING, ETC.
  245. SCHEDULE 5 TERMS OF SECURE TENANCY RELATING TO ALTERATIONS, ETC TO HOUSE
  246. SCHEDULE 6 VESTING ORDER UNDER SECTION 77: MODIFICATION OF ENACTMENTS
  247. SCHEDULE 6A
  248. SCHEDULE 9 RECOVERY OF EXPENSES BY CHARGING ORDER
  249. SCHEDULE 12 TERMINATION OF EXCHEQUER PAYMENTS TO LOCAL AUTHORITIES AND CERTAIN PERIODICAL PAYMENTS TO OTHER PERSONS
  250. SCHEDULE 13 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS
  251. SCHEDULE 14 ENACTMENTS SPECIFYING EXCHEQUER CONTRIBUTIONS THAT MAY BE REDUCED, SUSPENDED OR DISCONTINUED
  252. SCHEDULE 15 THE HOUSING REVENUE ACCOUNT
  253. SCHEDULE 16 THE SLUM CLEARANCE REVENUE ACCOUNT
  254. SCHEDULE 22 TRANSITIONAL PROVISIONS AND SAVINGS
  255. SCHEDULE 23 MINOR AND CONSEQUENTIAL AMENDMENTS
  256. SCHEDULE 24 REPEALS

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No one has proposed a change to this act yet.

256 provisions

31 Duties to persons found to be homeless.

(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.

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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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32A Power of the Scottish Ministers to modify application of sections 31 and 32

(1) The provisions of— (a) section 31(2) so far as requiring that accommodation is to be permanent accommodation (within the meaning of section 31(5)), and (b) section 32(5)(b), do not apply in such circumstances as may be prescribed. (2) Where— (a) accommodation has been provided under section 31(2), and (b) by virtue of subsection (1) above, that accommodation is not permanent accommodation (within the meaning of section 31(5)) or does not meet the special needs of the applicant and any other person referred to in section 24(2), section 26 does not apply.

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32B Housing support: persons found to be homeless or threatened with homelessness

(1) Subsection (2) applies where a local authority— (a) are subject to the duty under section 31(2) or 32(2) in relation to an applicant; and (b) have reason to believe that the applicant may be in need of prescribed housing support services. (2) The local authority must assess whether the applicant, and any other person residing with the applicant, needs prescribed housing support services. (3) In carrying out such an assessment the local authority must— (a) conduct inquiries of such type as may be prescribed; and (b) have regard to any prescribed matters. (4) Following such an assessment, the local authority must ensure that prescribed housing support services are provided to any person assessed as being in need of them. (5) The Scottish Ministers may by regulations made by statutory instrument make further provision about the provision of prescribed housing support services in pursuance of subsection (4) and may, in particular, specify— (a) the period for which services are to be provided; (b) matters to which a local authority are to have regard when ensuring provision of services. (6) Regulations made under this section may make different provision for different purposes and different areas. (7) Before making any regulations under this section, the Scottish Ministers must consult— (a) such bodies representing local authorities; (b) such bodies representing the interests of homeless persons; and (c) such other persons, as they think fit. (8) Regulations under this section may be made only if a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament. (9) In this section, “housing support services” includes any service which provides support, assistance, advice or counselling to an individual with particular needs with a view to enabling that individual to occupy, or to continue to occupy, residential accommodation as the individual's sole or main residence.

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33 Referral of application to another local authority.

(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.

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33A Power to modify section 33

(1) The Scottish Ministers may by order made by statutory instrument provide that, for so long as the order is in force, the power of a local authority under subsection (1) of section 33 to notify another local authority of the matters referred to in that subsection— (a) shall not be exercisable by such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable by such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order; (b) shall not be exercisable in relation to such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable in relation to such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order. (2) An order under this section may— (a) provide for this Part to apply with such modifications, and (b) make such transitional, transitory or saving provision, as the Scottish Ministers think necessary or expedient in consequence of the order. (3) A statutory instrument containing an order under this section is, if made without a draft having been laid before, and approved by a resolution of, the Scottish Parliament, subject to annulment in pursuance of a resolution of the Scottish Parliament.

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33B Statement on exercise of power to modify section 33

(1) The Scottish Ministers must, before the expiry of the period of 18 months beginning with the coming into force of this section, prepare and publish a statement setting out the circumstances in which, and the general criteria by reference to which, the power under section 33A is to be exercised. (1A) The Scottish Ministers may by regulations modify subsection (1) so as to extend the period mentioned in subsection (1). (1B) But the power may not be exercised to extend the period— (a) by more than 6 months, or (b) more than once. (2) The Scottish Ministers— (a) must keep the statement under review; (b) may from time to time modify the statement; and (c) must publish any modified statement. (3) Before preparing or modifying the statement, the Scottish Ministers must consult— (a) such associations representing local authorities; and (b) such other persons, as they think fit. (4) Regulations under subsection (1A) are subject to the affirmative procedure.

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34 Duties to persons whose applications are referred.

(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).

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35 Supplementary provisions.

(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.

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35A Right to request review of decision

(1) Where an applicant requests a review of a decision to which subsection (2) applies, the local authority concerned shall review the decision. (2) This subsection applies to the following decisions of a local authority— (a) any decision as to what duty (if any) is owed to the applicant under section 31 or 32, (b) any decision to notify another authority under section 33(1), (c) any determination under section 33(4) or 34(2) as to whether the conditions for referral of an application are satisfied, (d) where accommodation is secured for the applicant under section 31, 32 or 34, any decision as to whether the provision of that accommodation discharges the authority’s duty to the applicant under that section. (e) in a case where a private accommodation offer is made to the applicant, any decision— (i) that the accommodation offered is not accommodation falling within section 32(5)(a) to (c), or (ii) that the authority have discharged their duty to the applicant under section 32(8). (3) A request for a review shall be made before the end of the period of 21 days beginning with the day on which the applicant is notified of the decision or such longer period as the authority may allow. (4) There is no right to request a review of a decision reached on review.

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35B Procedure on review

(1) A review under section 35A shall be carried out by a person senior to the person who made the decision being reviewed and who had no involvement in the making of that decision. (2) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision reached on review. (3) If the decision is— (a) to confirm the original decision on any issue against the interests of the applicant, or (b) to confirm a previous decision— (i) to notify another authority under section 33(1), or (ii) that the conditions are met for referral of his case, the authority shall also notify him of the reasons for the decision. (4) Where subsection (3) applies, notice of the decision shall not be treated as given unless and until that subsection is complied with. (5) Any notice required to be given to an applicant 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.

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36 Protection of property of homeless persons and persons threatened with homelessness.

(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.

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36A Duty to ask if a person is homeless or threatened with homelessness

(1) If a relevant body, when assessing the needs of a person in the exercise of its functions, has reason to believe that the person may be homeless or threatened with homelessness, the body must ask the person— (a) whether the person is homeless or threatened with homelessness, (b) whether the person is aware of any application under section 28(1) having been made by or in respect of the person and, if so, to give the name of the local authority to whom the application was made, and (c) whether the person consents to the relevant body making such an application if the relevant body were to be satisfied that it is appropriate. (2) Another person may, with the consent of the person referred to in subsection (1), answer any such question.

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36B Duty to act if a person may be homeless

(1) If the relevant body— (a) is informed that the person referred to in section 36A(1) is homeless, or (b) has any other reason to believe that the person may be homeless, the body must take the step mentioned in subsection (2). (2) The step is to make an application under section 28(1) to the appropriate local authority in respect of the person but only if the relevant body is satisfied that— (a) it is appropriate to make the application taking account of the person’s circumstances, and (b) it has the consent of the person to make the application. (3) The duty to make an application mentioned in subsection (1) does not apply if the relevant body is satisfied that— (a) an application under section 28(1) has already been made to the appropriate local authority by or in respect of the person, and (b) the application is under consideration by the authority.

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36C Duty to act if a person may be threatened with homelessness

(1) If the relevant body— (a) is informed that the person referred to in section 36A(1) is threatened with homelessness, or (b) has any other reason to believe that the person may be threatened with homelessness, the body must take the steps mentioned in subsection (2). (2) The steps are— (a) to take such action as the relevant body considers appropriate, in the exercise of its functions, to— (i) remove the threat of homelessness to the person, or (ii) where this is not possible, minimise that threat, (b) to make an application under section 28(1) to the appropriate local authority in respect of the person but only if the relevant body is satisfied that— (i) it is unable to take action under paragraph (a) to remove the threat of homelessness, (ii) it is appropriate to make the application taking account of the person’s circumstances, and (iii) it has the consent of the person to make the application, and (c) to take such other action as the Scottish Ministers may by regulations specify. (3) In relation to the taking of action under subsection (2)(a), the relevant body must— (a) before taking the action, consult such other relevant bodies as it considers appropriate taking account of the person’s circumstances, and (b) cooperate with those other relevant bodies in taking the action. (4) For the purpose of subsection (2)(a), the reference to action does not include the making of an application under section 28(1). (5) The duty to take the step mentioned in subsection (2)(b) does not apply if the relevant body is satisfied that— (a) an application under section 28(1) has been made to the appropriate local authority by or in respect of the person, and (b) the application is under consideration by the authority. (6) Regulations under subsection (2)(c) may include provision specifying— (a) the process that must be followed in connection with assessing the action required under subsection (2)(a), (b) matters that must be taken into account when carrying out the assessment, (c) information that must be given to the person following the assessment. (7) Regulations under subsection (2)(c) may— (a) make different provision for different purposes, (b) make incidental, supplementary, consequential, transitional, transitory or saving provision. (8) Regulations under subsection (2)(c) are subject to the affirmative procedure. (9) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (2)(c), the Scottish Ministers— (a) must consult every other relevant body, and (b) may consult any other person they consider appropriate. (10) The requirement to consult under subsection (9) may be met by consultation carried out before that subsection takes effect.

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36D Power of relevant bodies to share information

A relevant body may share information with any other relevant body for the purpose of or in connection with the exercise of its functions, or the functions of the other relevant body, under section 36B or 36C.

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36E Duty to have regard to matters relating to homelessness

A relevant body must, in the exercise of its functions, have regard to— (a) the need to prevent homelessness, (b) any guidance issued by the Scottish Ministers in connection with homelessness that is relevant to the exercise of its functions.

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37 Guidance to authorities by the Secretary of State.

(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.

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38 Co-operation between authorities.

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.

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39 Financial and other assistance for voluntary organisations concerned with homelessness.

(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.

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

(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.

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40A Meaning of homelessness and threatened with homelessness

(1) The Scottish Ministers may by regulations modify section 24 to change the meaning for the purposes of this Part of a person who is— (a) homeless, or (b) threatened with homelessness. (2) Regulations under subsection (1) may— (a) make different provision for different purposes, (b) make incidental, supplementary, consequential, transitional, transitory or saving provision, (c) modify any enactment (including this Act) in making any provision mentioned in paragraph (b). (3) Regulations under subsection (1) are subject to the affirmative procedure. (4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers— (a) must consult every other relevant body, and (b) may consult any other person they consider appropriate. (5) The requirement to consult under subsection (4) may be met by consultation carried out before that subsection takes effect.

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40B Power to modify provision about a person becoming homeless intentionally

(1) The Scottish Ministers may by regulations modify for the purposes of this Part— (a) the meaning in section 26 of a person becoming homeless intentionally, (b) the power of a local authority under section 28(2)(b) to make further inquiries about whether a person became homeless intentionally, (c) any other provision of this Part that relates to a local authority’s determination as to whether or not a person became homeless intentionally. (2) Regulations under subsection (1) may— (a) make different provision for different purposes, (b) make incidental, supplementary, consequential, transitional, transitory or saving provision, (c) modify any enactment (including this Act). (3) Regulations under subsection (1) are subject to the affirmative procedure. (4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers— (a) must consult local authorities, (b) may consult any other person they consider appropriate. (5) The requirement to consult under subsection (4) may be met by consultation carried out before that subsection takes effect.

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41 Meaning of accommodation available for occupation.

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.

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42 Application of this Part to cases arising in England or Wales.

(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.

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43 Minor definitions.

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; “relevant body” means— a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978, an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014, a local authority, the Police Service of Scotland, a registered social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010), the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to— prisons and young offenders institutions (as construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995), and persons detained in them, the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to social security, a Special Health Board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978; “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.

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43A Power to modify the meaning of “relevant body”

(1) The Scottish Ministers may by regulations modify the meaning of “relevant body” in section 43 to add or remove a person or a description of a person. (2) Regulations under subsection (1) may make— (a) different provision for different purposes, (b) incidental, transitional, transitory or saving provision. (3) Where the Scottish Ministers propose to make regulations under subsection (1) to add a person or a description of a person, before laying a draft of a Scottish statutory instrument containing the regulations before the Scottish Parliament, they must consult— (a) where a person is proposed to be added, that person or a person who appears to the Scottish Ministers to represent the interests of that person, (b) where a description of a person is proposed to be added, a person who appears to the Scottish Ministers to represent the interests of a person of that description. (4) Regulations under subsection (1) are subject to the affirmative procedure.

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