Housing (Scotland) Act 1987

32 Duties to persons found to be threatened with homelessness. S

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

(2) Where they are satisfied that he has a priority need and are not satisfied that he became threatened with homelessness intentionally they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

(3) [F1 In any other case] they shall furnish him with advice and [F2 assistance of such type as may be prescribed], in any attempts he may make to secure that accomodation does not cease to be available for his occupation.

(4) Nothing in subsection (2) shall affect any right of a local authority to secure vacant possession of accommodation, whether by virtue of a contract or of any enactment or rule of law.

(5) In section 31 and in this section, “accommodation” does not include accommodation

[F3 (a)] that is overcrowded within the meaning of section 135 or which may endanger the health of the occupants.

[F4 (b) that does not meet any special needs of the applicant and any other person referred to in section 24(2), or

(c) that it is not reasonable for the applicant to occupy.]

[F5 (6) Regulations made by virtue of section 31(3)(b) or subsection (3) above may make different provision for different purposes and different areas.

(7) Before making any such regulations, the Scottish Ministers shall consult—

(a) such associations representing local authorities, and

(b) such other persons,

as they think fit on the proposed regulations.

(8) In exercising their functions under section 31 or this section in respect of a person falling within section 25(1)(b), the local authority shall have regard to the best interests of the dependent children referred to in that provision [F6 and shall, without prejudice to subsection (5) above and section 41, ensure that accommodation provided for such a person’s occupation is suitable for occupation by such children, so far as consistent with their best interests] .]

Textual Amendments

F1 Words in s. 32(3) substituted for words and paras. (a)(b) in s. 32(3) (30.9.2002) by 2001 asp 10, s. 3(4)(a)(i); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F2 Words in s. 32(3) substituted (30.9.2002) by 2001 asp 10, s. 3(4)(a)(ii); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F3 Words in s. 32(5) renumbered as para. (a) (1.4.2002) by virtue of 2001 asp 10, s. 3(4)(b)(i); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F4 S. 32(5)(b)(c) inserted (1.4.2002) by 2001 asp 10, s. 3(4)(b)(ii); S.S.I. 2002/168, art. 2, Sch. (with transitional provisions and savings in art. 3)

F5 S. 32(6)-(8) inserted (30.9.2002) by 2001 asp 10, s. 3(4)(c); S.S.I. 2002/321, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

F6 Words in s. 32(8) inserted (30.1.2004) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 9(2), 14(1); S.S.I. 2003/609, art. 2