Housing (Consequential Provisions) Act 1985

[F1 Housing (Homeless Persons) Act 1977 (c.48) S

Textual Amendments

F1 Sch. 2 paras. 10, 16, 17, 37, 39, 40, 42, 45 repealed (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

37 (1) The Housing (Homeless Persons) Act 1977, as it continues to apply in Scotland, is amended as follows. S

(2) In section 1(1) (definition of homelessness) after “if there is no accommodation” insert “in Scotland, England or Wales”.

(3) In section 3(3) (inquiries as to local connection with another housing authority) after “housing authority” insert “in Scotland, England or Wales”.

(4) In section 5(1)(a) (grounds for referral of application to another housing authority), in sub-paragraph (ii) for “another housing authority’s area” substitute “the area of another housing authority in Scotland, England or Wales”.

(5) In section 9(1) (co-operation between authorities)—

(a) in paragraph (a) after “another housing authority” insert “in Scotland, England or Wales”;

(b) in paragraph (b) for “social services authority or a social work authority” substitute “social work authority in Scotland, England or Wales”.

(6) After section 18 insert—

18A “ Application of this Act to cases arising in England and Wales.

(1) Section 5(3), (4) and (7) to (11) above (notification of application to another housing authority and duties to persons whose applications are so notified) apply—

(a) to applications notified by an authority in England or Wales in pursuance of section 67 of the Housing Act 1985, and

(b) to persons whose applications are so notified,

as they apply to cases arising under this Act.

(2) Section 9 above (duty of authorities to co-operate with housing authority) applies to a request by a local housing authority in England or Wales under section 72 of the Housing Act 1985 as it applies to a request by a housing authority in Scotland.

(3) In this Act, in relation to England and Wales—

(a) “housing authority” means a local housing authority within the meaning of section 1 of the Housing Act 1985, and references to the area of such an authority are to their district within the meaning of section 2 of that Act, and

(b) “social work authority” means a local authority for the purposes of the Local Authority Social Services Act 1970, as defined in section 1 of that Act;

and in section 9(1)(c) (requests for co-operation) “development corporation” includes a development corporation established under the New Towns Act 1981.”.

(7) In section 19(1) (general interpretation), in the definition of “registered housing association” for the words from “registered in” to the end substitute “registered under the Housing Associations Act 1985”.

(8) In section 21 (citation and extent), for subsection (4) substitute—

“(4) This Act extends to Scotland only.”.]