Section 36C Duty to act if a person may be threatened with homelessnessF1
If the relevant body—
is informed that the person referred to in section 36A(1) is threatened with homelessness, or
has any other reason to believe that the person may be threatened with homelessness,
the body must take the steps mentioned in subsection (2).
The steps are—
to take such action as the relevant body considers appropriate, in the exercise of its functions, to—
remove the threat of homelessness to the person, or
where this is not possible, minimise that threat,
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—
it is unable to take action under paragraph (a) to remove the threat of homelessness,
it is appropriate to make the application taking account of the person’s circumstances, and
it has the consent of the person to make the application, and
to take such other action as the Scottish Ministers may by regulations specify.
In relation to the taking of action under subsection (2)(a), the relevant body must—
before taking the action, consult such other relevant bodies as it considers appropriate taking account of the person’s circumstances, and
cooperate with those other relevant bodies in taking the action.
For the purpose of subsection (2)(a), the reference to action does not include the making of an application under section 28(1).
The duty to take the step mentioned in subsection (2)(b) does not apply if the relevant body is satisfied that—
an application under section 28(1) has been made to the appropriate local authority by or in respect of the person, and
the application is under consideration by the authority.
Regulations under subsection (2)(c) may include provision specifying—
the process that must be followed in connection with assessing the action required under subsection (2)(a),
matters that must be taken into account when carrying out the assessment,
information that must be given to the person following the assessment.
Regulations under subsection (2)(c) may—
make different provision for different purposes,
make incidental, supplementary, consequential, transitional, transitory or saving provision.
Regulations under subsection (2)(c) are subject to the affirmative procedure.
Before laying a draft of a Scottish statutory instrument containing regulations under subsection (2)(c), the Scottish Ministers—
must consult every other relevant body, and
may consult any other person they consider appropriate.
The requirement to consult under subsection (9) may be met by consultation carried out before that subsection takes effect.
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