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Housing (Scotland) Act 2001

Type Act of the Scottish Parliament

Publication 2001-07-18

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — HOMELESSNESS AND ALLOCATION OF HOUSING

Homelessness strategies

1

(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,

(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.

Bankruptcy (Scotland) Act 1985 (c.66)

2

(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.

Homeless persons and persons threatened with homelessness

3

(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.

(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 ”,

(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) ”,

(ii) at the end insert—

(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.

(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—

(32A) (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 ”,

(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).

Review of decisions

4

(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) (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 authority’s duty to the applicant under that section. (3) A request for a review shall be made before the end of the period of 21 days beginning with the day on which the applicant is notified of the decision or such longer period as the authority may allow. (4) There is no right to request a review of a decision reached on review. (35B) (1) A review under section 35A shall be carried out by a person senior to the person who made the decision being reviewed and who had no involvement in the making of that decision. (2) The authority, or as the case may be either of the authorities, concerned shall notify the applicant of the decision reached on review. (3) If the decision is— (a) to confirm the original decision on any issue against the interests of the applicant, or (b) to confirm a previous decision— (i) to notify another authority under section 33(1), or (ii) that the conditions are met for referral of his case, the authority shall also notify him of the reasons for the decision. (4) Where subsection (3) applies, notice of the decision shall not be treated as given unless and until that subsection is complied with. (5) Any notice required to be given to an applicant under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.

Duty of registered social landlord to provide accommodation

5

(1) Where a local authority has a duty under section 31(2) (duty to persons found to be homeless) of the 1987 Act in relation to a homeless person, it may request a registered social landlord which holds houses for housing purposes in its area to provide accommodation for the person.

(2) In deciding whether to make such a request, the local authority must have regard to the availability of appropriate accommodation in its area.

(3) A registered social landlord must, within a reasonable period, comply with such a request unless it has a good reason for not doing so.

(4) A registered social landlord complies with such a request only if it provides for the person concerned accommodation—

(a) where paragraph 1 or 2 of schedule 6 is satisfied, secured by a short Scottish secure tenancy,

(b) in that or any other case, secured by a Scottish secure tenancy.

(5) Subsection (4) does not apply where such a request is expressly for the provision of accommodation not secured as mentioned in that subsection.

(6) A registered social landlord which holds housing for housing purposes in a local authority’s area must comply with any reasonable request for information in relation to that housing made to it by the authority in connection with the exercise of the authority’s functions under this section.

(7) The Scottish Ministers may issue guidance as to what constitutes—

(a) for the purposes of subsection (3)—

(i) a reasonable period,

(ii) a good reason,

(b) for the purposes of subsection (6), a reasonable request.

(8) Before issuing any such guidance, the Scottish Ministers must consult—

(a) such associations representing local authorities,

(b) such associations representing registered social landlords, and

as they think fit.

Duty of registered social landlord: further provision

6

(1) Where—

(a) a registered social landlord does not, within a reasonable period, comply with a request made by a local authority under section 5,

(b) the local authority considers, having regard to any guidance issued under subsection (7) of that section, that the landlord had no good reason for not complying with the request, and

(c) the local authority and the landlord are unable, within such period as the Scottish Ministers may specify by order, to reach agreement as to whether there is such a good reason,

the local authority and the landlord must appoint an arbiter to determine the issue.

(2) In determining for the purposes of subsection (1)(a) what is a reasonable period, regard must be had to any guidance issued under section 5(7).

(3) If there is no agreement as to who is to be appointed as arbiter, the Scottish Ministers must, on the request of the local authority, appoint an arbiter.

(4) The cost of any arbitration under this section is to be shared equally between the local authority and the landlord unless the arbiter determines otherwise.

(5) The Scottish Ministers may issue guidance as to—

(a) the period within which an arbiter is to be appointed under subsection (1),

(b) the procedure for appointing an arbiter under that subsection,

(c) the remuneration and other expenses which may be paid to an arbiter appointed under subsection (1) or (3), and any other expenses which may be paid in respect of arbitration,

(d) the procedure to be followed at arbitration,

(e) the maximum length of time of the arbitration procedure.

(6) Any determination of an arbiter by virtue of this section is final.

Persons living in hostel and other short-term accommodation

7

(1) This section applies to the occupancy of residential accommodation, or of any description of residential accommodation, on such basis as may be specified in regulations made by the Scottish Ministers.

(2) Such regulations must not specify occupancy of accommodation—

(a) as heritable proprietor,

(b) secured by—

(i) a Scottish secure tenancy or what would be a Scottish secure tenancy but for paragraph 1, 2 or 8 of schedule 1,

(ii) a short Scottish secure tenancy,

(iii) an assured tenancy or what would be an assured tenancy but for paragraph 8 of Schedule 4 to the 1988 Act,

(iv) a short assured tenancy.

(v) a private residential tenancy or what would be a private residential tenancy but for paragraph 6 of schedule 1 of the 2016 Act.

(3) The Scottish Ministers may specify by regulations terms which are to have effect as terms of an occupancy to which this section applies as between the occupier and the person providing the accommodation; and any agreement between those persons has no effect so far as it is inconsistent with any such term.

(4) Regulations under subsection (3) must include provision for a minimum period of notice to be given by the person providing the accommodation to the occupier before the right of occupancy can be terminated; but such provision does not prevent the earlier termination of occupancy rights where there is a serious danger to other occupiers or staff of the accommodation.

(5) Regulations under subsection (3) may also make provision for an application to the court by a person whose occupancy is terminated on the ground that there is a serious danger to other occupiers or staff of the accommodation.

(6) Subsection (3) does not prevent the occupier and the person providing the accommodation from agreeing terms of the occupancy additional to those specified in the regulations.

(7) A person providing such accommodation who fails, without reasonable excuse, to comply with a term specified under subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) Before making any regulations under subsection (3), the Scottish Ministers must consult—

(a) such associations representing local authorities,

(b) such associations representing registered social landlords, and

as they think fit on the proposed regulations.

Common housing registers

8

(1) A local authority must, when required to do so by the Scottish Ministers, prepare and submit to the Scottish Ministers proposals for establishing and maintaining a list of applicants for housing to be kept jointly by or on behalf of any two or more housing providers in connection with the allocation of housing held by them for housing purposes.

(2) In subsection (1), “housing providers” means the local authority, any other local authority and any registered social landlord.

(3) The Scottish Ministers may by regulations make provision as to establishing and maintaining such a list.

(4) Such regulations may, in particular, make provision as to—

(a) the time by which proposals under subsection (1) are to be submitted to the Scottish Ministers,

(b) the form of such proposals and the matters which they are to include,

(d) the procedure for approval of such proposals by the Scottish Ministers,

(e) the procedure for implementing such proposals .

(5) Where the Scottish Ministers approve proposals by virtue of this section, the local authority must ensure that a list of applicants for housing is established and maintained in accordance with the proposals as so approved.

(6) A registered social landlord which holds housing for housing purposes must comply with any reasonable request made to it by a local authority in connection with the exercise of the authority’s functions under this section.

Housing lists

9

For section 19 (admission to housing list) of the 1987 Act substitute—

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