Section 76 Application of this Part to cases arising in Scotland.

England and Wales

(1)

Sections 67 and 68 (referral of application to another local housing authority and duties to persons whose applications are referred) apply—

(a)

to applications referred by a housing authority in Scotland in pursuance of section F15(1) of the M1Housing (Homeless Persons) Act 197733 and 34 of the Housing (Scotland) Act 1987, and

(b)

to persons whose applications are so transferred,

as they apply to cases arising under this Part.

(2)

Section 72 (duty of other authorities to co-operate with local housing authority) applies to a request by a housing authority in Scotland under section F29(1) of the Housing (Homeless Persons) Act 197738 of the Act of 1987 as it applies to a request by a local housing authority in England or Wales.

(3)

In this Part, in relation to Scotland—

(a)

“local housing authority” means a F3council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and references to the district of such an authority are to the area of that council,

(b)

“social services authority” means a local authority for the purposes of the M2Social Work (Scotland) Act 1968, that is to say, a F4council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

and in section 72(a) (requests for co-operation) “new town corporation” includes a development corporation established under the M3New Towns (Scotland) 1968.

Annotations

Textual amendments

F1: By Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 30(1)(a) (which by s. 340(3) is expressed to extend to Scotland only) it is provided that for “5(1) of the Housing (Homeless Persons) Act 1977” there is substituted (S.) “33 and 34 of the Housing (Scotland) Act 1987”
F2: By Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 30(1)(b) (which by s. 340(3) is expressed to extend to Scotland only) it is provided that for “9(1) of the Housing (Homeless Persons) Act 1977” there is substituted (S.) “38 of the Act of 1987”
F3: S. 76(3)(a): it is provided that for the words “district or islands council”there shall be substituted (1.4.1996) the words “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”by 1994 c. 39, s. 180(1), Sch. 13 para. 142(2)(a) (which by s. 184(4) extends to Scotland only); S.I. 1996/323, art. 4(1)(c)
F4: S. 76(3)(b): it is provided that for the words “regional or islands council”there shall be substituted (1.4.1996) the words “council constituted under section 2 of the Local Government etc.(Scotland) Act 1994”by 1994 c. 39, s. 180(1), Sch. 13 para. 142(2)(b) (which by s. 184(4) extends to Scotland only); S.I. 1996/323, art. 4(1)(c)

Marginal citations

M1: 1977 c. 48.
M2: 1968 c. 49.
M3: 1968 c. 16.

Notes on Part III

Textual amendments

F1: Pt. III (ss. 58-78) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VIII; S.I. 1996/2959, art. 2 (subject to transitional provision in Sch. para. 1)