SCHEDULES

SCHEDULE 2 Consequential Amendments

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

Annotations:

37

1

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

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.