Local connection and intentionality provisions in homelessness legislation: consultation

Annex C

Meaning of Local Connection in the Housing (Scotland) Act 1987

27.— Meaning of “local connection”.
(1) Any reference in this Part to a person having a local connection with a district is a reference to
his having a connection with that district—
(a) because he is, or in the past was, normally resident in it and his residence in it is or was
of his own choice; or
9b) because he is employed in it, or
(c) because of family associations, or
(d) because of any special circumstances.

(2) Residence in a district is not of a person's own choice for the purposes of subsection (1) if he

became resident in it—
(a) because he or any person who might reasonably be expected to reside with him—
(i) […]1
(ii) was detained under the authority of any Act of Parliament, or
[ (iii) was resident in accommodation provided in pursuance of section 95 (provision
of support for asylum-seekers and dependants) of the Immigration and Asylum Act
1999 (c.33), or ] 2
(b) in such other circumstances as the Secretary of State may by order specify.

(3) A person is not employed in a district for the purposes of subsection (1)—
Housing (Scotland) Act 1987 Page 26
(a) […]3
(b) in such […]4 circumstances as the Secretary of State may by order specify.

(4) An order under subsections (2) or (3) shall be made by statutory instrument which shall be
subject to annulment in pursuance of a resolution of either House of Parliament.