LegalizeReform history
Homelessness etc. (Scotland) Act 2003
10 versions
· 2003-04-09
2019-11-07
Homelessness etc. (Scotland) Act 2003
2017-12-01
Homelessness etc. (Scotland) Act 2003
2017-04-27
Homelessness etc. (Scotland) Act 2003
2012-12-31
Homelessness etc. (Scotland) Act 2003
2010-09-30
Homelessness etc. (Scotland) Act 2003
2009-04-01
Homelessness etc. (Scotland) Act 2003
2008-10-02
Homelessness etc. (Scotland) Act 2003
2004-07-02
Homelessness etc. (Scotland) Act 2003
2004-01-30
Homelessness etc. (Scotland) Act 2003
Changes on 2004-01-30
@@ -6,7 +6,7 @@
##### 1
- (1) Section 25 (persons having priority need for accommodation) of the Housing (Scotland) Act [1987 (c. 26)](https://www.legislation.gov.uk/ukpga/1987/26) (“the 1987 Act”) is amended as follows.
- (1) Section 25 (persons having priority need for accommodation) of the Housing (Scotland) Act 1987 (c. 26) (“*the 1987 Act*”) is amended as follows.
- (2) In subsection (1)—
@@ -38,13 +38,13 @@
- (3) After that subsection insert—
> (1A) The conditions referred to in subsection (1)(g) are—
> (a) that, by reason of the circumstances in which the person is living, the person runs the risk of sexual or financial exploitation or involvement in the serious misuse of alcohol, any drug (whether or not a controlled drug within the meaning of the Misuse of Drugs Act [1971 (c. 38)](https://www.legislation.gov.uk/ukpga/1971/38)) or any volatile substance;
> (b) that, at the time when the person ceased to be of school age (within the meaning of section 31 of the Education (Scotland) Act [1980 (c. 44)](https://www.legislation.gov.uk/ukpga/1980/44)) or at any subsequent time, the person was looked after by a local authority (within the meaning of section 17(6) of the Children (Scotland) Act [1995 (c. 36)](https://www.legislation.gov.uk/ukpga/1995/36)) and the person is no longer being so looked after.
> (1B) In subsection (1)(h), the references to conduct, course of conduct and harassment are to be construed in accordance with section 8 of the Protection from Harassment Act [1997 (c. 40)](https://www.legislation.gov.uk/ukpga/1997/40).
> (a) that, by reason of the circumstances in which the person is living, the person runs the risk of sexual or financial exploitation or involvement in the serious misuse of alcohol, any drug (whether or not a controlled drug within the meaning of the Misuse of Drugs Act 1971 (c. 38)) or any volatile substance;
> (b) that, at the time when the person ceased to be of school age (within the meaning of section 31 of the Education (Scotland) Act 1980 (c. 44)) or at any subsequent time, the person was looked after by a local authority (within the meaning of section 17(6) of the Children (Scotland) Act 1995 (c. 36)) and the person is no longer being so looked after.
> (1B) In subsection (1)(h), the references to conduct, course of conduct and harassment are to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c. 40).
- (4) In subsection (2)(b), at the end insert “, (1A) or (1B)”.
- (5) The Homeless Persons (Priority Need) (Scotland) Order 1997 ([S.I. 1997/3049](https://www.legislation.gov.uk/uksi/1997/3049)) is revoked.
- (5) The Homeless Persons (Priority Need) (Scotland) Order 1997 (S.I. 1997/3049) is revoked.
#### Abolition of priority need test
@@ -94,7 +94,7 @@
- (c) must publish any modified statement.
- (5) In preparing or modifying the statement, the Scottish Ministers must have regard to the homelessness strategies and local housing strategies prepared by local authorities under sections 1 and 89 respectively of the Housing (Scotland) Act [2001 (asp 10)](https://www.legislation.gov.uk/asp/2001/10) (“the 2001 Act”).
- (5) In preparing or modifying the statement, the Scottish Ministers must have regard to the homelessness strategies and local housing strategies prepared by local authorities under sections 1 and 89 respectively of the Housing (Scotland) Act 2001 (asp 10) (“*the 2001 Act*”).
- (6) Before preparing or modifying the statement the Scottish Ministers must consult—
@@ -112,7 +112,7 @@
- (1) In section 28(2) (further inquiries in cases of homelessness or threatened homelessness) of the 1987 Act, for the words from “shall” to “(b)” substitute—
> (a) shall make any further inquiries necessary to satisfy themselves as to whether he has a priority need, and
> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
> (b) may, if they think fit, make any further inquiries necessary to satisfy themselves as to
.
@@ -123,78 +123,13 @@
##### 5
- (1) In section 24 (definition of homelessness) of the 1987 Act, in subsection (3), after paragraph (e) insert
> ; or
> (f) it is not accommodation secured by—
> (i) a short Scottish secure tenancy granted in pursuance of paragraph 5A of schedule 6 to the Housing (Scotland) Act [2001 (asp 10)](https://www.legislation.gov.uk/asp/2001/10), or
> (ii) a Scottish secure tenancy,
> in circumstances where, immediately before his occupation of it, a local authority had a duty under section 31(2A) or (2B)(a) in relation to him.
- (2) In section 31 (duties to persons found to be homeless) of that Act, after subsection (2) insert—
> (2A) Where—
> (a) they are satisfied that he has a priority need and that he became homeless intentionally; and
> (b) he does not fall within subsection (2C),
> they shall secure that accommodation secured by a short Scottish secure tenancy granted in pursuance of paragraph 5A of schedule 6 to the Housing (Scotland) Act [2001 (asp 10)](https://www.legislation.gov.uk/asp/2001/10) becomes available for his occupation.
> (2B) Where they are satisfied as mentioned in subsection (2A)(a) and he falls within subsection (2C), they shall—
> (a) if (but only if) they think fit, secure that accommodation secured by a short Scottish secure tenancy of the type referred to in subsection (2A) becomes available for his occupation;
> (b) in any other case—
> (i) secure that accommodation becomes available for his occupation on a basis to which section 7 (persons living in hostel and other short-term accommodation) of the Housing (Scotland) Act [2001 (asp 10)](https://www.legislation.gov.uk/asp/2001/10) applies; and
> (ii) provide, or ensure the provision of, such housing support services (within the meaning of section 91(8) of that Act) as they consider appropriate with a view to securing that he becomes entitled to accommodation in pursuance of paragraph (a) of this subsection,
> until either he becomes entitled to accommodation in pursuance of subsection (2A) or paragraph (a) of this subsection or he himself secures accommodation for his occupation.
> (2C) An applicant falls within this subsection if—
> (a) he has been the tenant in a short Scottish secure tenancy granted in pursuance of paragraph 5A of schedule 6 to the Housing (Scotland) Act [2001 (asp 10)](https://www.legislation.gov.uk/asp/2001/10) which was, within the preceding 12 months, terminated by an order under section 16(2)(a) or 36 of that Act,
> (b) an order for recovery of possession has, within the preceding 3 years, been made against the applicant, or a person who it is proposed will reside with him, in proceedings under any of the enactments mentioned in paragraph 1(a) to (f) of schedule 6 to that Act on the ground specified in relation to the enactment in question, or
> (c) the applicant, or a person who it is proposed will reside with him, is subject to an anti-social behaviour order under section 19 of the Crime and Disorder Act [1998 (c. 37)](https://www.legislation.gov.uk/ukpga/1998/37).
- (3) In section 36(2) (protection of property of homeless persons and persons threatened with homelessness) of that Act, after “31(2)” insert “, (2A) or (2B)”.
- (4) In section 5 (duty of registered social landlord to provide accommodation) of the 2001 Act—
- (a) in subsection (1), after “31(2)” insert “, (2A) or (2B)”,
- (b) in subsection (4), after “request” insert “made for the purposes of section 31(2) of the 1987 Act”,
- (c) after subsection (5) insert—
> (5A) A registered social landlord complies with such a request made for the purposes of section 31(2A) or (2B)(a) of the 1987 Act only if it provides for the person concerned accommodation secured by a short Scottish secure tenancy granted in pursuance of paragraph 5A of schedule 6.
- (5) In schedule 6 (grounds for granting short Scottish secure tenancy) to that Act, after paragraph 5 insert—
> (5A) The house is to be let expressly on a temporary basis, for a period of not less than a year, to a person in fulfilment of a duty imposed on a local authority by section 31(2A) or (2B)(a) of the 1987 Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Intentionally homeless persons: short Scottish secure tenancies
##### 6
- (1) In section 34 (short Scottish secure tenancies) of the 2001 Act, after subsection (6) insert—
> (6A) Where a tenancy is a short Scottish secure tenancy by virtue of paragraph 5A of schedule 6, paragraph 16 of schedule 2 applies with the substitution for sub-paragraph (a) of the following—
> (a) it consists of premises which are to be let by the landlord as a separate dwelling under a short Scottish secure tenancy granted in pursuance of paragraph 5A of schedule 6,
- (2) After subsection (7) of that section insert—
> (7A) Where a tenancy is a short Scottish secure tenancy by virtue of paragraph 5A of schedule 6—
> (a) the local authority for the area must provide, or ensure the provision of, such housing support services as it considers appropriate with a view to enabling the conversion of the tenancy to a Scottish secure tenancy by virtue of section 37, and
> (b) the landlord (if not that authority) must provide the local authority with such information as the authority may reasonably seek in relation to the operation of the tenancy and the housing support services provided in pursuance of paragraph (a).
> (7B) The rights and obligations of the tenant in relation to housing support services to be provided in pursuance of subsection (7A)(a) must be included in the tenancy agreement.
> (7C) The local authority, the landlord (if not that authority) and the tenant must from time to time jointly review the extent to which the tenant is complying with the obligations referred to in subsection (7B) and the tenant’s obligations under the tenancy agreement.
- (3) In subsection (8) of that section—
- (a) after “to” insert—
> (a)
,
- (b) at the end insert
> or (7A), and
> (b) the procedure to be followed in relation to reviews under subsection (7C) and the action to be taken following such reviews.
- (4) In section 37(1)(a) (conversion to Scottish secure tenancy) of that Act, for the words “or 2” substitute “, 2 or 5A”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Local connection
@@ -205,7 +140,7 @@
In section 27(2)(a) (circumstances in which residence in a district is not of a person’s own choice) of the 1987 Act, after sub-paragraph (ii) insert
> or
> (iii) was resident in accommodation provided in pursuance of section 95 (provision of support for asylum-seekers and dependants) of the Immigration and Asylum Act [1999 (c. 33)](https://www.legislation.gov.uk/ukpga/1999/33),
> (iii) was resident in accommodation provided in pursuance of section 95 (provision of support for asylum-seekers and dependants) of the Immigration and Asylum Act 1999 (c. 33),
.
@@ -271,7 +206,7 @@
- (2) In section 24(3) of that Act (circumstances in which a person with accommodation is homeless)—
- (a) in paragraph (b), for the words from “violence”, in the first place where it occurs, to the end substitute “abuse (within the meaning of the Protection from Abuse (Scotland) Act [2001 (asp 14)](https://www.legislation.gov.uk/asp/2001/14)),”,
- (a) in paragraph (b), for the words from “violence”, in the first place where it occurs, to the end substitute “abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14)),”,
- (b) in paragraph (bb), for sub-paragraphs (i) and (ii) substitute “abuse (within the meaning of that Act)”.
@@ -283,7 +218,7 @@
- (i) for “violence” in the first and third places where it occurs substitute “abuse”,
- (ii) for “violence” in the second place where it occurs substitute “abuse (within the meaning of the Protection from Abuse (Scotland) Act [2001 (asp 14)](https://www.legislation.gov.uk/asp/2001/14))”,
- (ii) for “violence” in the second place where it occurs substitute “abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14))”,
- (iii) paragraph (b) and the word “or” immediately preceding it are repealed.
@@ -311,35 +246,35 @@
- (5) The enactments referred to in subsection (3)(a) are—
- (a) section 19B(1) (notice to local authority of calling-up of standard security) of the Conveyancing and Feudal Reform (Scotland) Act [1970 (c. 35)](https://www.legislation.gov.uk/ukpga/1970/35),
- (a) section 19B(1) (notice to local authority of calling-up of standard security) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35),
- (b) section 24(3)(c) (notice to local authority of application to court for remedies on default of standard security) of that Act,
- (c) section 12A(1) (notice to local authority of proceedings for possession of dwelling-house let on protected tenancy or subject to statutory tenancy) of the Rent (Scotland) Act [1984 (c. 58)](https://www.legislation.gov.uk/ukpga/1984/58),
- (d) section 19A(1) (notice to local authority of proceedings for possession of house let on assured tenancy) of the Housing (Scotland) Act [1988 (c. 43)](https://www.legislation.gov.uk/ukpga/1988/43),
- (c) section 12A(1) (notice to local authority of proceedings for possession of dwelling-house let on protected tenancy or subject to statutory tenancy) of the Rent (Scotland) Act 1984 (c. 58),
- (d) section 19A(1) (notice to local authority of proceedings for possession of house let on assured tenancy) of the Housing (Scotland) Act 1988 (c. 43),
- (e) section 14(5A) (notice to local authority of proceedings for possession of house let on Scottish secure tenancy) of the 2001 Act,
- (f) section 36(6A) (notice to local authority of proceedings for possession of house let on short Scottish secure tenancy) of that Act,
- (g) section 4(4)(c) (notice to local authority of proceedings to eject proprietor in personal occupancy) of the Mortgage Rights (Scotland) Act [2001 (asp 11)](https://www.legislation.gov.uk/asp/2001/11).
- (g) section 4(4)(c) (notice to local authority of proceedings to eject proprietor in personal occupancy) of the Mortgage Rights (Scotland) Act 2001 (asp 11).
- (6) A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of the Parliament.
- (7) In section 79 (issue of guidance by the Scottish Ministers) of the 2001 Act, in subsection (2), after paragraph (b) insert—
> (ba) the action which should be taken by local authorities on receipt of notices under—
> (i) subsection (1) of section 11 of the Homelessness etc. (Scotland) Act [2003 (asp 10)](https://www.legislation.gov.uk/asp/2003/10),
> (i) subsection (1) of section 11 of the Homelessness etc. (Scotland) Act 2003 (asp 10),
> (ii) the enactments specified in subsection (5) of that section,
.
- (8) In subsection (1)—
- “dwellinghouse” means any building, or part of a building, which is occupied or intended to be occupied as a separate dwelling, and in particular includes a flat,
- “proceedings for possession” means any proceedings in which decree of removing or warrant of ejection or other like order is sought.
- “*dwellinghouse*” means any building, or part of a building, which is occupied or intended to be occupied as a separate dwelling, and in particular includes a flat,
- “*proceedings for possession*” means any proceedings in which decree of removing or warrant of ejection or other like order is sought.
- (9) This section binds the Crown.
@@ -349,7 +284,7 @@
##### 12
- (1) Section 18 (orders for possession) of the Housing (Scotland) Act [1988 (c. 43)](https://www.legislation.gov.uk/ukpga/1988/43) is amended as follows.
- (1) Section 18 (orders for possession) of the Housing (Scotland) Act 1988 (c. 43) is amended as follows.
- (2) In subsection (3), for “subsection (6)” substitute “subsections (3A) and (6)”.
@@ -367,8 +302,8 @@
- (5) At the end insert—
> (8) In subsections (3A) and (4A) above—
> (a) “relevant housing benefit” means—
> (i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit (General) Regulations 1987 ([S.I. 1987/1971](https://www.legislation.gov.uk/uksi/1987/1971)); or
> (a) “*relevant housing benefit*” means—
> (i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971); or
> (ii) any payment on account of any such entitlement awarded under Regulation 91 of those Regulations;
> (b) references to delay or failure in the payment of relevant housing benefit do not include such delay or failure so far as referable to any act or omission of the tenant.
@@ -382,9 +317,9 @@
- (1) In this Act—
- “the 1987 Act” means the Housing (Scotland) Act [1987 (c. 26)](https://www.legislation.gov.uk/ukpga/1987/26),
- “the 2001 Act” means the Housing (Scotland) Act [2001 (asp 10)](https://www.legislation.gov.uk/asp/2001/10).
- “*the 1987 Act*” means the Housing (Scotland) Act 1987 (c. 26),
- “*the 2001 Act*” means the Housing (Scotland) Act 2001 (asp 10).
- (2) Except where the context otherwise requires, any word or expression used in section 2 or 3 of this Act and in Part II of the 1987 Act has the same meaning in that section as it has for the purposes of that Part.
@@ -412,11 +347,11 @@
> (19B)
> (1) Where a creditor in a standard security over an interest in land used to any extent for residential purposes serves a calling-up notice, the creditor shall give notice of that fact to the local authority in whose area the security subjects are situated, unless the creditor is that local authority.
> (2) Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act [2003 (asp 10)](https://www.legislation.gov.uk/asp/2003/10).
> (2) Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
- (3) In section 21 (notice of default), in subsection (2A)—
- (a) for “Section 19A of this Act applies” substitute “Sections 19A and 19B of this Act apply”,
- (a) for “Section 19A of this Act applies” substitute , “ “Sections 19A and 19B of this Act apply” ”
- (b) for “it applies” substitute “they apply”.
@@ -433,11 +368,11 @@
,
- (b) in subsection (4), for “(3)” substitute “(3)(a) or (b)”,
- (b) in subsection (4), for “(3)” substitute , “ “(3)(a) or (b)” ”
- (c) after subsection (4), insert—
> (4A) Notice under subsection (3)(c) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act [2003 (asp 10)](https://www.legislation.gov.uk/asp/2003/10).
> (4A) Notice under subsection (3)(c) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
#### Rent (Scotland) Act 1984 (c. 58)
@@ -447,7 +382,7 @@
> (12A)
> (1) Where a landlord raises proceedings for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the dwelling-house is situated.
> (2) Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act [2003 (asp 10)](https://www.legislation.gov.uk/asp/2003/10).
> (2) Notice under subsection (1) shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
#### Housing (Scotland) Act 1988 (c. 43)
@@ -457,7 +392,7 @@
> (19A)
> (1) Where a landlord raises proceedings for possession of a house let on an assured tenancy, the landlord shall give notice of the raising of the proceedings to the local authority in whose area the house is situated, unless the landlord is that local authority.
> (2) Notice under subsection (1) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act [2003 (asp 10)](https://www.legislation.gov.uk/asp/2003/10).
> (2) Notice under subsection (1) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
#### Housing (Scotland) Act 2001 (asp 10)
@@ -468,12 +403,12 @@
- (2) In section 14 (proceedings for possession of house let on Scottish secure tenancy), after subsection (5), insert—
> (5A) Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.
> (5B) Notice under subsection (5A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act [2003 (asp 10)](https://www.legislation.gov.uk/asp/2003/10).
> (5B) Notice under subsection (5A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
- (3) In section 36 (proceedings for possession of house let on short Scottish secure tenancy), after subsection (6), insert—
> (6A) Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.
> (6B) Notice under subsection (6A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act [2003 (asp 10)](https://www.legislation.gov.uk/asp/2003/10).
> (6B) Notice under subsection (6A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
#### Mortgage Rights (Scotland) Act 2001 (asp 11)
@@ -496,7 +431,7 @@
- (c) after subsection (5), insert—
> (5A) Notice under subsection (4)(c) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act [2003 (asp 10)](https://www.legislation.gov.uk/asp/2003/10).
> (5A) Notice under subsection (4)(c) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).
#### Amendment of section 25 of the 1987 Act
@@ -531,5 +466,3 @@
[^M_I_f50a1eb8-6def-4d52-eb1d-2b98d0010d66]: Sch. para 4 in force at 2.10.2008 for specified purposes by [S.S.I. 2008/313](https://www.legislation.gov.uk/ssi/2008/313), [art. 2(a)](https://www.legislation.gov.uk/ssi/2008/313/article/2/a)
[^M_I_92a8c483-617f-4411-90e8-5af25e9d5b4d]: Sch. para 5 in force at 2.10.2008 for specified purposes by [S.S.I. 2008/313](https://www.legislation.gov.uk/ssi/2008/313), [art. 2(a)](https://www.legislation.gov.uk/ssi/2008/313/article/2/a)
#### Assured tenancies: recovery of possession for non-payment of rent
2003-04-09
Homelessness etc. (Scotland) Act 2003
original version
Text at this date