The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014
2014No. 243
HOUSING
The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014
8thSeptember2014
12thSeptember2014
21stNovember2014
The Scottish Ministers make the following Order in exercise of the powers conferred by section 29(3) and (4) of the Housing (Scotland) Act 1987( 1) and all other powers enabling them to do so.
Citation and commencement
1. This Order may be cited as the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014 and comes into force on 21st November 2014.
Interpretation
2. In this Order-
"the 1987 Act" means the Housing (Scotland) Act 1987; and
"household" means the applicant and any person who resides, or might reasonably be expected to reside, with the applicant.
Application of this Order
3. This Order applies to accommodation provided to an applicant under section 29 of the 1987 Act (interim duty to accommodate an applicant who may be homeless), but only where the applicant is-
(a) pregnant;(b) a person whose household includes a pregnant woman; or(c) a person whose household includes dependent children.Unsuitable accommodation
4. In all circumstances, accommodation is unsuitable if it is-
(a) not wind and watertight; or(b) not suitable for occupation by children.5. Unless any of the circumstances in article 6 apply, accommodation is also unsuitable if it-
(a) is outwith the area of the local authority which is subject to the duty to accommodate under section 29 of the 1987 Act;(b) is not in the locality of facilities and services for the purposes of health and education which are being used, or might reasonably be expected to be used, by members of the household, unless those facilities are reasonably accessible from the accommodation, taking into account the distance of travel by public transport or transport provided by a local authority;(c) lacks within the accommodation adequate toilet and personal washing facilities for the exclusive use of the household;(d) lacks adequate bedrooms for the exclusive use of the household;(e) is accommodation within which the household does not have the use of adequate cooking facilities and the use of a living room; or(f) is not usable by the household for 24 hours a day.6. Article 5 does not apply where-
(a) the local authority believes that the applicant may be homeless or threatened with homelessness as a result of an emergency, such as flood, fire or other disaster;(b) the local authority has offered the applicant...To continue reading
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