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Section 43 Minor definitions.

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

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—

    1. (a)

      a Health Board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

    2. (b)

      an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,

    3. (c)

      a local authority,

    4. (d)

      the Police Service of Scotland,

    5. (e)

      a registered social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010),

    6. (f)

      the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to—

      1. (i)

        prisons and young offenders institutions (as construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995), and

      2. (ii)

        persons detained in them,

    7. (g)

      the Scottish Ministers in so far as they have functions (including any that are delegated to another person) relating to social security,

    8. (h)

      a Special Health Board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978;

  • 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

1968 c. 49.

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