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Housing (Scotland) Act 1987
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Housing (Scotland) Act 1987, Section 40 is up to date with all changes known to be in force on or before 06 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 21(3)(i) s. 21(3)(ai)(ii) by 2001 asp 10 Sch. 10 para. 13(3)(c) para. 13(I)-(iii)
- s. 24(3)(f) and word(s) inserted by 2003 asp 10 s. 5(1) (This amendment not applied to legislation.gov.uk. S. 5 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
- s. 31(2C)(c) words substituted by 2004 asp 8 Sch. 4 para. 2
- s. 61(2)(a) (ia) by 2001 asp 10 Sch. 10 para. 13(6)(a)(ii)
- s. 63(1A)-(61C) by 2001 asp 10 s. 46(2)
- s. 66(1)(vi)(vii) by 2001 asp 10 Sch. 10 para. 13(9)(b)
- s. 286(a)(c) by 2001 asp 10 Sch. 10 para. 13(40)(a) (b)
40 False statements, withholding information and failure to disclose change of circumstances.S
(1)If a person, with intent to induce a local authority to believe, in connection with the exercise of their functions under this Part, that he or another person—
(a)is homeless or threatened with homelessness, or
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)did not become homeless or threatened with homelessness intentionally,
knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions, he shall be guilty of an offence.
(2)If before an applicant receives notification of the local authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible; and the authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).
(3)A person who fails to comply with subsection (2) commits an offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.
(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F1S. 40(1)(b) omitted (31.12.2012) by virtue of The Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012 (S.S.I. 2012/330), arts. 2, 11
Modifications etc. (not altering text)
C1S. 40 applied (26.7.1993) by 1993 c. 23, s. 4(5), Sch. 1 para. 5 (with Sch. 1 para. 8); S.I. 1993/1655, art. 2.
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