Legislation - Housing (Scotland) Act 2001
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- Housing (Homeless Persons) Act 1977
- Housing (Scotland) Act 1987
- Housing (Scotland) Act 2001
- The Homeless Persons Advice and Assistance (Scotland) Regulations 2002
- The Homeless Persons Interim Accommodation (Scotland) Regulations 2002
- Homelessness etc. (Scotland) Act 2003
- Homeless Persons (Unsuitable Accommodation) Scotland) Order 2004
- The Code of Guidance on Homelessness
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The following is a summary of the changes introduced by the Housing (Scotland) Act 2001 - it is not intended to be detailed legal advice on the provisions.
Housing (Scotland) Act 2001
- Section 1 requires local authorities to assess the levels of homelessness in their area and produce homelessness strategies. Guidance has been issued which incorporates the recommendations of the Homelessness Task Force and stresses the need for the development and delivery of strategies to be a corporate undertaking and to involve partnership working with agencies external to the local authority.
- Section 2 requires local authorities to provide information and advice about homelessness free of charge.
- Section 3 makes a number of alterations to the
Housing (Scotland) Act 1987. These have the effect of:
- Changing the definition of homelessness to ensure that people with reasonable accommodation overseas cannot apply as homeless.
- Ensuring that people who are assessed as having a priority need and unintentionally homeless are entitled to permanent accommodation, setting out a definition of permanent accommodation and stating that if this is not provided the applicant should continue to be assessed as homeless. This section also gives local authorities the discretion to place someone in interim accommodation where there is a duty to provide permanent accommodation - regulations setting out the circumstances in which this can be done have need issued.
- Lengthening the period during which people can be assessed as 'threatened with homelessness' from 28 days to two months.
- Requiring that anyone who is assessed as homeless has a right to temporary accommodation whilst enquiries are made.
- Requiring that all homeless people are entitled to a minimum of temporary accommodation, advice and assistance - the type of advice and assistance to be provided is set out in regulations.
- Requiring that accommodation offered is reasonable to occupy and meets any special needs the applicant may have.
- Requiring local authorities to have regard to the best interests of children in exercising their functions.
- Section 4 gives applicants the right of internal review of a decision.
- Section 5 provides that Registered Social Landlords must comply with a local authority's request to provide accommodation unless there is a 'good reason' not to - guidance on what constitutes a 'good reason' has been issued.
- Section 6 sets out the procedures for arbitration where there is a disagreement between the local authority and the RSL - Communities Scotland has issued guidance on this.
- Section 7 gives Ministers the power to issue regulations setting out minimum terms of occupancy for persons living in hostels and other short-term accommodation. These regulations have not yet been made.
