Section 43 Minor definitions.
Scotland
In this Part—
“accommodation available for occupation” has the meaning assigned to it by section 41;
“applicant (for housing accommodation)” has the meaning assigned to it by section 28(1);
“homeless” has the meaning assigned to it by section 24(1) to (3);
“homeless intentionally or threatened with homelessness intentionally” has the meaning assigned to it by section 26;
“local connection (in relation to the district of a local authority)” has the meaning assigned to it by section 27;
F1...
F2“private accommodation offer” has the meaning assigned to it by section 31(2D);
F3“private residential tenancy” has the meaning given by the Private Housing (Tenancies) (Scotland) Act 2016;
“relevant authority” means a local authority or social work authority;
F4“relevant body” means—
- (a)
a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978,
- (b)
an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,
- (c)
a local authority,
- (d)
the Police Service of Scotland,
- (e)
a registered social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010),
- (f)
the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to—
- (i)
prisons and young offenders institutions (as construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995), and
- (ii)
persons detained in them,
- (i)
- (g)
the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to social security,
- (h)
a Special Health Board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978;
- (a)
F5“restricted person” has the meaning assigned to it by section 30(6);
“securing accommodation for a person’s occupation” has the meaning assigned to it by section 41;
F6“short assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988;
“social work authority” means a local authority for the purposes of the M1Social Work (Scotland) Act 1968, that is to say, a regional or islands council;
“threatened with homelessness” has the meaning assigned to it by section 24(4);
“voluntary organisation” means a body, not being a public or local authority, whose activities are carried on otherwise than for profit.
Annotations
Textual amendments
- F1
Words in s. 43 omitted (31.12.2012) by virtue of The Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012 (S.S.I. 2012/330), arts. 2, 12
- F2
Words in s. 43 inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 16(a); S.I. 2009/415, art. 3
- F3
Words in s. 43 inserted (1.12.2017) by Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), s. 79(2), sch. 4 para. 4(5); S.S.I. 2017/346, reg. 2, sch.
- F4
Words in s. 43 inserted (1.4.2026 for the purpose of making regulations) by Housing (Scotland) Act 2025 (asp 13), ss. 52(12)(c), 86(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
- F5
Words in s. 43 inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 16(b); S.I. 2009/415, art. 3
- F6
Words in s. 43 inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 16(c); S.I. 2009/415, art. 3
Marginal citations
- M1
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