Section 36B Duty to act if a person may be homelessF1

(1)

If the relevant body—

(a)

is informed that the person referred to in section 36A(1) is homeless, or

(b)

has any other reason to believe that the person may be homeless,

the body must take the step mentioned in subsection (2).

(2)

The step is to make an application under section 28(1) to the appropriate local authority in respect of the person but only if the relevant body is satisfied that—

(a)

it is appropriate to make the application taking account of the person’s circumstances, and

(b)

it has the consent of the person to make the application.

(3)

The duty to make an application mentioned in subsection (1) does not apply if the relevant body is satisfied that—

(a)

an application under section 28(1) has already been made to the appropriate local authority by or in respect of the person, and

(b)

the application is under consideration by the authority.

Annotations

Textual amendments

F1: Ss. 36A-36E and cross-heading inserted (1.4.2026 for the purpose of making regulations) by Housing (Scotland) Act 2025 (asp 13), ss. 52(9), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1

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