2012 No. 330
The Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(1) and (3) of the Homelessness etc. (Scotland) Act 20031 and all other powers enabling them to do so.
In accordance with section 2(2) of that Act, the Scottish Ministers consider that 31st December 2012 is the earliest date on which all local authorities can reasonably be expected to perform the duties referred to in that section.
In accordance with section 2(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
This Order may be cited as the Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012 and comes into force on 31st December 2012.
Appointed day2
The day appointed for the purposes of section 2 (abolition of priority need test) of the Homelessness etc. (Scotland) Act 2003 is 31st December 2012.
Amendment of Part 2 of the Housing (Scotland) Act 1987
3
The Housing (Scotland) Act 19872 is modified as follows.
4
Omit section 25 (priority need)3.
5
In section 28 omit subsection (2)(a) (inquiries as to priority need)4, and the word “and” following it.
6
In the heading to section 29 (interim duty to accommodate) omit “in case of apparent priority need”.
7
In section 30 (notification of decisions)5—
a
omit subsection (2);
b
in subsection (3), for “has a priority need” substitute “is homeless or threatened with homelessness”;
c
in subsection (3A), for “, threatened with homelessness or has a priority need” substitute “or threatened with homelessness,”; and
d
in subsection (4)(a) omit sub-paragraph (ii) and the “or” that precedes it.
8
In section 31(2) (duties to persons found to be homeless)6 omit “are satisfied that he has a priority need and”.
9
In section 32 (duties to persons found to be threatened with homelessness)—
a
in subsection (2) omit “are satisfied that he has a priority need and”; and
b
in subsection (8)7—
i
for “falling within section 25(1)(b)” substitute “with whom dependent children reside or might reasonably be expected to reside”; and
ii
omit “referred to in that provision”.
10
In section 33(1)(a) (referral of applications to another local authority)8 omit “and has a priority need,”.
11
In section 40(1) (offences) omit paragraph (b) and the word “or” following it.
12
In section 43 (minor definitions) omit the definition of “priority need (for accommodation)”.
Amendment of the Homelessness etc. (Scotland) Act 2003
13
Omit sections 1, 3, 5 and 6 of the Homelessness etc. (Scotland) Act 20039.
14
In section 4(1) of that Act10, omit the words from “(a) to “and”.
Amendment of the Antisocial Behaviour etc. (Scotland) Act 200415
Omit paragraph 2 of schedule 4 to the Antisocial Behaviour etc. (Scotland) Act 200411.
(This note is not part of the Order)