SCHEDULES

SCHEDULE 15E+WIneligible persons from abroad: statutory disregards

Part 2 E+WScotland and Northern Ireland

Housing (Scotland) Act 1987 (c. 26)E+W

13(1)Section 32 (duties to persons found to be threatened with homelessness) is amended as follows.E+W

(2)After subsection (2) insert—

“(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 subsection (3) for “In any other case they shall furnish him” substitute “ In a case not falling within subsection (2) the local authority shall furnish the applicant ”.

(4)After subsection (5) insert—

“(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.”