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Housing (Scotland) Act 2001
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Changes to legislation:
Housing (Scotland) Act 2001, Section 5 is up to date with all changes known to be in force on or before 02 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 5:
- s. 5(4)(a) words substituted by 2014 asp 14 sch. 2 para. 10(2)
- s. 14(1)(a) words renumbered as s. 14(1)(a) by 2021 asp 16 s. 22(2)(a)(i)
- s. 14(1)(b) inserted by 2021 asp 16 s. 22(2)(a)(ii)
- s. 14(1A)(1B) inserted by 2021 asp 16 s. 22(2)(b)
- s. 14(5C)-(5E) inserted by 2021 asp 16 s. 22(2)(e)
- s. 16(2)(d)(e) inserted by 2021 asp 16 s. 22(3)(b)(ii)
- s. 16(3ZA)(3ZB) inserted by 2021 asp 16 s. 22(3)(c)
- s. 16(5C) inserted by 2021 asp 16 s. 22(3)(e)
- s. 16(7)-(10) inserted by 2021 asp 16 s. 22(3)(f)
- s. 89(12) inserted by 2019 asp 10 s. 18(3)
- sch. 2 para. 15A inserted by 2021 asp 16 s. 22(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 14(1)(a) words renumbered as s. 14(1)(a) by 2021 asp 16 s. 22(2)(a)(i)
- s. 14(1)(b) inserted by 2021 asp 16 s. 22(2)(a)(ii)
- s. 14(1A)(1B) inserted by 2021 asp 16 s. 22(2)(b)
- s. 14(5C)-(5E) inserted by 2021 asp 16 s. 22(2)(e)
- s. 16(2)(d)(e) inserted by 2021 asp 16 s. 22(3)(b)(ii)
- s. 16(3ZA)(3ZB) inserted by 2021 asp 16 s. 22(3)(c)
- s. 16(5C) inserted by 2021 asp 16 s. 22(3)(e)
- s. 16(7)-(10) inserted by 2021 asp 16 s. 22(3)(f)
- s. 89(12) inserted by 2019 asp 10 s. 18(3)
- sch. 2 para. 15A inserted by 2021 asp 16 s. 22(4)
5 Duty of registered social landlord to provide accommodationS
This section has no associated Explanatory Notes
(1)Where a local authority has a duty under section 31(2) (duty to persons found to be homeless) of the 1987 Act in relation to a homeless person, it may request a registered social landlord which holds houses for housing purposes in its area to provide accommodation for the person.
(2)In deciding whether to make such a request, the local authority must have regard to the availability of appropriate accommodation in its area.
(3)A registered social landlord must, within a reasonable period, comply with such a request unless it has a good reason for not doing so.
(4)A registered social landlord complies with such a request only if it provides for the person concerned accommodation—
(a)where paragraph 1 or 2 of schedule 6 is satisfied, secured by a short Scottish secure tenancy,
(b)in that or any other case, secured by a Scottish secure tenancy.
(5)Subsection (4) does not apply where such a request is expressly for the provision of accommodation not secured as mentioned in that subsection.
(6)A registered social landlord which holds housing for housing purposes in a local authority’s area must comply with any reasonable request for information in relation to that housing made to it by the authority in connection with the exercise of the authority’s functions under this section.
(7)The Scottish Ministers may issue guidance as to what constitutes—
(a)for the purposes of subsection (3)—
(i)a reasonable period,
(ii)a good reason,
(b)for the purposes of subsection (6), a reasonable request.
(8)Before issuing any such guidance, the Scottish Ministers must consult—
(a)such associations representing local authorities,
(b)such associations representing registered social landlords, and
(c)such other persons,
as they think fit.
Commencement Information
I1Ss. 5-7 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2 (subject to transitional provisions and savings in arts. 3-5)
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