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Housing (Scotland) Act 1987, Section 39 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Secretary of State, with the consent of the Treasury, may, upon such terms and subject to such conditions as he may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan or partly in the one way and partly in the other.
(2)A local authority may, upon such terms and subject to such conditions as they may determine, give to such a voluntary organisation such assistance as is mentioned in subsection (1), and may also assist such an organisation by—
(a)permitting them to use premises belonging to the authority upon such terms and subject to such conditions as may be agreed,
(b)making available furniture or other goods, whether by way of gift, loan or otherwise, and
(c)making available the services of staff employed by the authority.
(3)No assistance shall be given under subsection (1) or (2) unless the voluntary organisation first give an undertaking—
(a)that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and
(b)that they will, if the person giving the assistance serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.
(4)The conditions subject to which assistance is given under this section shall in all cases include, in addition to any conditions determined or agreed under subsection (1) or (2), conditions requiring the voluntary organisation to—
(a)keep proper books of account and have them audited in such manner as may be specified,
(b)keep records indicating how they have used the money, furniture or other goods or premises made available to them, and
(c)submit the books of account and records for inspection by the person giving the assistance.
(5)If it appears to the person giving the assistance that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless he has first served on the voluntary organisation a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.
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