Section 40A Meaning of homelessness and threatened with homelessnessF1

(1)

The Scottish Ministers may by regulations modify section 24 to change the meaning for the purposes of this Part of a person who is—

(a)

homeless, or

(b)

threatened with homelessness.

(2)

Regulations under subsection (1) may—

(a)

make different provision for different purposes,

(b)

make incidental, supplementary, consequential, transitional, transitory or saving provision,

(c)

modify any enactment (including this Act) in making any provision mentioned in paragraph (b).

(3)

Regulations under subsection (1) are subject to the affirmative procedure.

(4)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers—

(a)

must consult every other relevant body, and

(b)

may consult any other person they consider appropriate.

(5)

The requirement to consult under subsection (4) may be met by consultation carried out before that subsection takes effect.

Annotations

F1: S. 40A inserted (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), ss. 52(11), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1

C1

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