Section 27 Meaning of “local connection”.

Scotland

(1)

Any reference in this Part to a person having a local connection with a district is a reference to his having a connection with that district—

(a)

because he is, or in the past was, normally resident in it and his residence in it is or was of his own choice; or

(b)

because he is employed in it, or

(c)

because of family associations, or

(d)

because of any special circumstances.

(2)

Residence in a district is not of a person’s own choice for the purposes of subsection (1) if he became resident in it—

(a)

because he or any person who might reasonably be expected to reside with him—

F1(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

was detained under the authority of any Act of Parliament, F2or

(iii)

was resident in accommodation provided in pursuance of section 95 (provision of support for asylum-seekers and dependants) of the Immigration and Asylum Act 1999 (c. 33),

(b)

in such other circumstances as the Secretary of State may by order specify.

(3)

A person is not employed in a district for the purposes of subsection (1)—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in such F4... circumstances as the Secretary of State may by order specify.

(4)

An order under subsections (2) or (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: S. 27(2)(a)(i) repealed (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 156(a), 166(2); S.S.I. 2011/96, art. 2, sch.
F2: S. 27(2)(a)(iii) and word inserted (30.1.2004) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 7, 14(1); S.S.I. 2003/609, art. 2
F3: S. 27(3)(a) repealed (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 156(b), 166(2); S.S.I. 2011/96, art. 2, sch.
F4: Word in s. 27(3)(b) repealed (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 156(c), 166(2); S.S.I. 2011/96, art. 2, sch.

Notes on Part II

Modifications

C1

Pt. II (ss. 24-43) excluded (26.7.1993) by 1993 c. 23, s. 4(1)(5), Sch. 1 para. 8; S.I. 1993/1655, art. 2.

Pt. II (ss. 24-43) modified (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 4, (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.

C2

Pt. II (ss. 24-43) restricted (19.8.1996) by 1996 c. 49, s. 9; S.I. 1996/2127, art. 2, Sch. Pt. I