Housing (Scotland) Act 1987

25 Priority need for accommodation. S

(1) The following have a priority need for accommodation—

(a) a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside;

(b) a person with whom dependent children reside or might reasonably be expected to reside;

[F1 (c) a person who is vulnerable as a result of—

(i) old age;

(ii) mental illness;

(iii) personality disorder;

(iv) learning disability;

(v) physical disability;

(vi) chronic ill health;

(vii) having suffered a miscarriage or undergone an abortion;

(viii) having been discharged from a hospital, a prison or any part of the regular armed forces of the Crown; or

(ix) other special reason;]

(d) a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or any other disaster.

[F2 (e) a person with whom a person referred to in paragraph (c) or (d) resides or might reasonably be expected to reside;

(f) a person aged 16 or 17;

(g) a person aged 18 to 20 who satisfies either of the conditions specified in subsection (1A);

(h) a person who, by reason of that person’s religion, sexual orientation, race, colour or ethnic or national origins—

(i) runs the risk of violence; or

(ii) is, or is likely to be, the victim of a course of conduct amounting to harassment;

(i) a person who runs the risk of domestic abuse (within the meaning of section 33(3)).]

[F3 (1A) The conditions referred to in subsection (1)(g) are—

(a) that, by reason of the circumstances in which the person is living, the person runs the risk of sexual or financial exploitation or involvement in the serious misuse of alcohol, any drug (whether or not a controlled drug within the meaning of the Misuse of Drugs Act 1971 (c. 38)) or any volatile substance;

(b) that, at the time when the person ceased to be of school age (within the meaning of section 31 of the Education (Scotland) Act 1980 (c. 44)) or at any subsequent time, the person was looked after by a local authority (within the meaning of section 17(6) of the Children (Scotland) Act 1995 (c. 36)) and the person is no longer being so looked after.

(1B) In subsection (1)(h), the references to conduct, course of conduct and harassment are to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c. 40).]

(2) The Secretary of State may by order made by statutory instrument—

(a) specify further descriptions of persons as having a priority need for accommodation, and

(b) amend or repeal any part of subsection (1) [F4 , (1A) or (1B)] .

(3) Before making such an order the Secretary of State shall consult such associations representing relevant authorities, and such other persons, as he considers appropriate.

(4) No such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

Textual Amendments

F1 S. 25(1)(c) substituted (30.1.2004) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 1(2)(a), 14(1); S.S.I. 2003/609, art. 2

F2 S. 25(1)(e)-(i) inserted (30.1.2004) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 1(2)(b), 14(1); S.S.I. 2003/609, art. 2

F3 S. 25(1A)(1B) inserted (30.1.2004) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 1(3), 14(1); S.S.I. 2003/609, art. 2

F4 Words in s. 25(2)(b) inserted (30.1.2004) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 1(4), 14(1); S.S.I. 2003/609, art. 2