Housing (Scotland) Act 2001
| Year | 2001 |
Housing (Scotland) Act 2001
asp 10
[18th July 2001]
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th June 2001 and received Royal Assent onAn Act of the Scottish Parliament to make provision about housing, including provision about homelessness and the allocation of housing accommodation by social landlords, the tenants of social landlords, the regulation of social landlords, Scottish Homes, the strategic housing functions of the Scottish Ministers and local authorities and grants for improvement and repairs; and for connected purposes.
Part 1
Homelessness and allocation of housing
1 Homelessness strategies
1 Homelessness strategies
(1) Every local authority must, when required to do so by the Scottish Ministers—
(a) carry out an assessment of homelessness in its area, and
(b) prepare and submit to the Scottish Ministers a strategy for preventing and alleviating homelessness in its area (a ‘homelessness strategy’).
(2) A requirement under subsection (1) may make provision as to—
(a) the particular matters to be assessed under subsection (1)(a),
(b) the time by which the strategy is to be submitted to the Scottish Ministers,
(c) the form of the strategy and the matters which it is to include,
(d) the period to which the strategy is to relate.
(3) The Scottish Ministers may issue guidance, either to local authorities generally or to a particular authority, as to the form and content of an assessment and of a homelessness strategy and as to consultation on a proposed strategy.
(4) Without prejudice to subsections (2) and (3), a homelessness strategy must state how the local authority is to comply with its duty under section 106 so far as relating to the matters included in the strategy.
(5) A local authority must provide a copy of its homelessness strategy to any person who requests it.
(6) A local authority—
(a) may, from time to time, and
(b) must, if required to do so by the Scottish Ministers,
review its homelessness strategy and prepare and submit to the Scottish Ministers a revised homelessness strategy.
2 Advice on homelessness etc.
2 Advice on homelessness etc.
(1) Every local authority must secure that advice and information about—
(a) homelessness and the prevention of homelessness, and
(b) any services which may assist a homeless person or assist in the prevention of homelessness,
is available free of charge to any person in the authority's area.
(2) The Scottish Ministers may issue guidance, either to local authorities generally or to a particular authority, as to the form and content of such advice and information.
3 Homeless persons and persons threatened with homelessness
3 Homeless persons and persons threatened with homelessness
(1) In section 24 (definition of persons threatened with homelessness) of the 1987 Act—
(a) in subsection (1), for ‘Scotland, or England or Wales’ substitute ‘the United Kingdom or elsewhere’,
(b) in subsection (3), after paragraph (d) insert ‘; or
(e) it is not permanent accommodation, in circumstances where, immediately before the commencement of his occupation of it, a local authority had a duty under section 31(2) in relation to him.’,
(c) in subsection (4), for ‘28 days’ substitute ‘2 months’,
(d) after subsection (4) insert—
(5) For the purposes of subsection (3)(e), ‘permanent accommodation’ includes accommodation—
(a) of which the person is the heritable proprietor,
(b) secured by a Scottish secure tenancy,
(c) secured by an assured tenancy that is not a short assured tenancy,
(d) where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp 10) is satisfied in relation to the person, secured by a short Scottish secure tenancy.’
(2) In section 29(1) (interim duty to accommodate) of that Act, the words ‘and have a priority need’ are repealed.
(3) In section 31 (duties to persons found to be homeless) of that Act—
(a) in subsection (2), after ‘secure that’ insert ‘permanent’,
(b) in subsection (3)—
(i) for the words from ‘Where’ to ‘intentionally’ substitute ‘In any other case’,
(ii) in paragraph (b), for the words from ‘such’ to ‘circumstances’ substitute ‘assistance of such type as may be prescribed’,
(c) subsection (4) is repealed,
(d) at the end insert—
(5) For the purposes of subsection (2), ‘permanent accommodation’ includes accommodation—
(a) secured by a Scottish secure tenancy,
(b) secured by an assured tenancy that is not a short assured tenancy,
(c) where paragraph 1 or 2 of schedule 6 to the Housing (Scotland) Act 2001 (asp10) is satisfied in relation to the applicant, secured by a short Scottish secure tenancy.’
(4) In section 32 (duties to persons found to be threatened with homelessness) of that Act—
(a) in subsection (3)—
(i) for the words from ‘Where’ to ‘intentionally’ substitute ‘In any other case’,
(ii) for the words from ‘such’ to ‘circumstances’ substitute ‘assistance of such type as may be prescribed’,
(b) in subsection (5)—
(i) after ‘accommodation’ insert ‘(a)’,
‘(b) that does not meet any special needs of the applicant and any other person referred to in section 24(2), or
(c) that it is not reasonable for the applicant to occupy.’,
(c) after subsection (5) insert—
(6) Regulations made by virtue of section 31(3)(b) or subsection (3) above may make different provision for different purposes and different areas.
(7) Before making any such regulations, the Scottish Ministers shall consult—
(a) such associations representing local authorities, and
(b) such other persons,
as they think fit on the proposed regulations.
(8) In exercising their functions under section 31 or this section in respect of a person falling within section 25(1)(b), the local authority shall have regard to the best interests of the dependent children referred to in that provision.’
(5) After that section insert—
32 32A Power of the Scottish Ministers to modify application of sections and 32
‘32A Power of the Scottish Ministers to modify application of sections 31 and 32
(1) The provisions of—
(a) section 31(2) so far as requiring that accommodation is to be permanent accommodation (within the meaning of section 31(5)), and
(b) section 32(5)(b),
do not apply in such circumstances as may be prescribed.
(2) Where—
(a) accommodation has been provided under section 31(2), and
(b) by virtue of subsection (1) above, that accommodation is not permanent accommodation (within the meaning of section 31(5)) or does not meet the special needs of the applicant and any other person referred to in section 24(2),
section 26 does not apply.’
(6) In section 34 (duties to persons whose applications are referred)—
(a) in subsection (2), after ‘that’ in the second and fourth places where it occurs insert ‘permanent’,
(b) in subsection (3)(a), after ‘that’ insert ‘permanent’,
(c) after subsection (4) insert—
(5) For the purposes of subsection (1), ‘accommodation’ has the meaning given in section 32(5).
(6) For the purposes of subsections (2) and (3)(a), ‘permanent accommodation’ has the meaning given in section 31(5) as read with section 32(5).’
4 Review of decisions
4 Review of decisions
(1) In section 29 (interim duty to accommodate) of the 1987 Act, in subsection (1)—
(a) after ‘occupation’ insert ‘(a)’,
(b) at the end insert—
‘(b) where the applicant has, under section 35A, requested a review of a decision of the authority, until they have notified him in accordance with section 35B of the decision reached on review.’
(2) In section 30 (notification of decision and reasons) of that Act, after subsection (4) insert—
(4A) They shall also notify him—
(a) that he may request a review of the decision and of the time within which such a request must be made, and
(b) of the advice and assistance that is available to him in connection with any such review.’
(3) In section 34 (duties to persons whose applications are referred) of that Act—
(a) after subsection (3) insert—
(3A) The notifying authority shall also notify him—
(a) that he may request a review of the determination and of the time within which such a request must be made, and
(b) of the advice and assistance that is available to him in connection with any such review.’,
(b) in subsection (4), for ‘subsection (3)’ substitute ‘this section’.
(4) After section 35 of that Act insert—
35A
‘35A Right to request review of decision
(1) Where an applicant requests a review of a decision to which subsection (2) applies, the local authority concerned shall review the decision.
(2) This subsection applies to the following decisions of a local authority—
(a) any decision as to what duty (if any) is owed to the applicant under section 31 or 32,
(b) any decision to notify another authority under section 33(1),
(c) any determination under section 33(4) or 34(2) as to whether the conditions for referral of an application are satisfied,
(d) where accommodation is secured for the applicant under section 31, 32 or 34, any decision as to whether the provision of that accommodation discharges the...
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