Criminal offences

In applying to the local authority as homeless, it is a criminal offence knowingly or recklessly to make a false statement or to withhold information that an authority has reasonably required in connection with the exercise of its functions under Part II of the 1987 Housing (Scotland) Act. [1]

An applicant also has a duty to notify an authority of any material change in circumstances that occurs before notification of the authority's decision on her/his homeless application has been made. [2] The only defence to such a charge is that the local authority has failed to provide information as to the consequences of giving false statements/withholding information or that the applicant had some other reasonable excuse. [3] These offences are subject to fines of up to £5,000.