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ANNEX A Section 33
(1) If a local authority-
(a) are satisfied that an applicant is homeless and has a priority need, and are not satisfied that he became homeless intentionally, but
(b) are of opinion that the conditions are satisfied for referral of his application to another local authority,
they may notify that other local authority in Scotland, England or Wales of the fact that his application has been made and that they are of that opinion.
(2) The conditions of referral of an application to another local authority are-
(a) that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,
(b) that the applicant or a person who might reasonably be expected to reside with him has a local connection with that other local authority's district, and
(c) that neither that applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic abuse in that other local authority's district.
(3) For the purposes of this section a person runs the risk of domestic abuse if he runs the risk of abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14)) from a person with whom, but for the risk of abuse, he might reasonably be expected to reside, or from a person with whom he formerly resided.
(4) The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority, or in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.
(5) An order may direct that the arrangements shall be-
(a) those agreed by any relevant authorities or association of relevant authorities, or
(b) in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.
(6) No order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
33(A) Power to Modify Section 33 ( not yet in force)
(1) The Scottish Ministers may by order made by statutory instrument provide that, so long as the order is in force, the power of a local authority under subsection (1) of section 33 to notify another local authority of the matters referred to in that subsection-
(a) shall not be exercisable by such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable by such local authorities or such descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order
(b) shall not be exercisable in relation to such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable in relation to such local authorities or such descriptions of local authority as are specified in the order only in such circumstances, or with such modifications as are specified in the order.
(2)An order under this section may make such modifications of this Part, and such transitional, transitory or saving provision, as the Scottish Minister think necessary or expedient in consequence of the order.
(3)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Scottish Parliament.
33(B) Statement on exercise of power to modify section 33 ( not yet in force)
(1) The Scottish Ministers must, before the expiry of the period of twelve months beginning with the coming into force of this section, prepare and publish a statement setting out the circumstances in which, and the general criteria by reference to which, that power is to be exercised.
(2) The Scottish Ministers-
(a) must keep the statement under review,
(b) may from time to time modify the statement, and
(c) must publish any modified statement.
(3) Before preparing or modifying the statement the Scottish Ministers must consult-
(a) such associations representing local authorities, and
(b) such other persons,
as they think fit.
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