The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2020

Year2020

2020 No. 139

Housing

The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2020

Made 5th May 2020

Laid before the Scottish Parliament 5th May 2020

Coming into force in accordance with Article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 29(3) and (4) of the Housing (Scotland) Act 19871and all other powers enabling them to do so.

S-1 Citation, commencement and expiry

Citation, commencement and expiry

1.—(1) This Order may be cited as the Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2020 and comes into force on the day after the day on which it is made.

(2) Article 3 expires on 30 September 2020.

S-2 Amendment of the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014

Amendment of the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014

2.—(1) The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 20142is amended in accordance with paragraphs (2) to (6).

(2) In article 2 (interpretation)—

(a)

(a) omit “and” where it first occurs,

(b)

(b) after the definition of “the 1987 Act”, insert—

““community hosting” means the provision of a spare room and other support by a member of the community to a homeless household in crisis for a short period of time;”,

(c)

(c) for “.” substitute “;”,

(d)

(d) after the definition of “household”, insert—

““minimum accommodation safety standards” includes standards specified in an enactment for accommodation in relation to health and safety, hygiene, fire, furniture and electrical equipment;

“rapid access accommodation” means emergency temporary accommodation for rough sleepers which consists of a bed, safe space, and which—

(a) provides on-site homelessness and support assessments; and

(b) provides support to access specialist support for residents; and

“shared tenancy accommodation” means accommodation which is not large scale or congregate in nature and which—

(a) is shared, small scale and of a good standard;

(b) is provided to residents on a temporary basis pending placement in settled accommodation; and

(c) in which each resident has his or her own bedroom.”.

(3) In article 3 (application of order), omit from “, but” to “children”.

(4) In article 4 (unsuitable accommodation)—

(a)

(a) in paragraph (a), omit “or”,

(b)

(b) in paragraph (b)—

(i) for “children” substitute “a homeless household”,

(ii) for “.” substitute “; or”, and

(c)

(c) after paragraph (b), insert—

“(c)

“(c) not meeting minimum accommodation safety standards.”

(5) In article 5—

(a)

(a) in paragraph (e), omit “or”,

(b)

(b) in paragraph (f), for “.” substitute “;”,

(c)

(c) after paragraph (f), insert—

“(g)

“(g) is not in the locality of the place of employment of a member of the household, taking into account the distance of travel by public transport or transport provided by a local authority; or

(h)

(h) is not suitable for visitation by a child who is not a member of the household and in respect of whom a member of the household has parental rights.”

(6) In article 6—

(a)

(a) in paragraph (c)(ii), omit “or”,

(b)

(b) in paragraph...

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