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Housing (Scotland) Act 1987

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31 Duties to persons found to be homeless.S

(1)This section applies where a local authority are satisfied that an applicant is homeless.

(2)Where they are satisfied that he has a priority need and are not satisfied that he became homeless intentionally, they shall, unless they notify another local authority in accordance with section 33 (referral of application on ground of local connection) secure that [F1permanent] accommodation becomes available for his occupation.

(3)[F2In any other case], they shall—

(a)secure that accommodation is made available for his occupation for such period as they consider will give him a reasonable opportunity of himself securing accommodation for his occupation; and

(b)furnish him with advice and [F3assistance of such type as may be prescribed], in any attempts he may make to secure that accommodation becomes available for his occupation.

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(5)For the purposes of subsection (2), “permanent accommodation” includes accommodation—

(a)secured by a Scottish secure tenancy,

(b)secured by an assured tenancy that is not a short assured tenancy,

(c)where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp10) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy.]

Textual Amendments

F1Words in s. 31(2) inserted (30.9.2002) by 2001 asp 10, s. 3(3)(a); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F2Words in s. 31(3) substituted (30.9.2002) by 2001 asp 10, s. 3(3)(b)(i); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F3Words in s. 31(3)(b) substituted (30.9.2002) by 2001 asp 10, s. 3(3)(b)(ii); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F4S. 31(4) repealed (30.9.2002) by 2001 asp 10, s. 3(3)(c); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F5S. 31(5) inserted (30.9.2002) by 2001 asp 10, s. 3(3)(d); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

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