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Aberdeen Homelessness Strategy

Legislation - Homelessness etc. (Scotland) Act 2003

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The major pieces of legislation applicable in Scotland are:-

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The following is a summary of the Homelessness etc. (Scotland) Act 2003 - it is not intended to be detailed legal advice on the provisions.

Homelessness etc. (Scotland) Act 2003 (links directly to legislation)

  • Section 1 expands priority need categories to include those listed in the 1997 version of Code of Guidance - i.e. all those who are under 18 or who have been subject to harassment or domestic abuse, people under 21 who are vulnerable to financial or sexual exploitation or involvement in substance misuse due to their living circumstances and anyone who is vulnerable as a result of personality disorder, leaving hospital, prison or the armed forces, having suffered a miscarriage or undergone an abortion or chronic illness. This section came into force on 30 January 20 18 July, 2008 gives Ministers the power to specify a time from which the priority need distinction is to abolished. Ministers are required to take into account whether local authorities can reasonably be expected to perform their duties before making this change. This section came into force on 30 January 2004.
  • Section 3 gives Ministers the duty to consult on and publish a statement setting out the measures to be taken to achieve the abolition of priority need. This statement must include a target date for abolition of no later than the end of 2012 and set interim objectives towards the achievement of this target. This section came into force on 30 January 2004.
  • Section 4 gives local authorities a discretionary power, rather than the current duty, to investigate whether a household is intentionally homeless. This section is not yet in force.
  • Section 5 and Section 6 change the provision given to intentionally homeless households. When these sections come into force, local authorities will be under a duty to grant a short Scottish Secure Tenancy ( SST) with housing support to these households. Where this short SST remains in place for a year then the household will be entitled to a full SST. If the short SST fails then the local authority will continue to have a duty to provide accommodation and support, but not to provide a tenancy. However where the applicant is intentionally homeless but also subject to an ASBO or has been evicted for anti-social behaviour in the last 3 years, the local authority is not required to grant a short SST with support but must still provide non-tenancy accommodation. These sections are not yet in force.
  • Section 7 provides that accommodation provided for asylum seekers under the Immigration and Asylum Act 1999 ( i.e. NASS accommodation) does not constituted accommodation of the applicants' own choice so does not establish a local connection. This section came into force on 30 January 2004.
  • Section 8 gives Ministers a flexible power to modify the application of the local connection provisions of the 1987 Act. This power can be exercised in a variety of ways - local connection can be suspended altogether, and reactivated again or it can be applied differently between certain local authorities or for certain categories of applicant. The Bill requires that Ministers consult on and make a statement setting out the circumstances in which, and the criteria by reference to which, the power is to be exercised. This section is not yet in force. The Scottish Executive is consulting on the implementation of this: details here.
  • Section 9 gives Ministers the powers to specify accommodation that is NOT suitable as interim accommodation. This section came into force on January 30, 2004. An Order laid under this section specifying unsuitable temporary accommodation and the exceptional circumstances in which it may be used came into force in December 2004. See chapter 9 for more details of LAs' duties under this Order. Details of the regulations on unsuitable temporary accommodation.
  • Section 10 amends various parts of the 1987 Act to replace references to domestic "violence" with references to domestic "abuse". This enables consistency with the wording in section 25 and extends the references to include behaviour other than physical violence. This section came into force on 30 January 2004.
  • Section 11 will require landlords to notify the relevant local authority when they raise repossession proceeding. This section is not yet in force. The responses to the Scottish Executive's consultation on the implementation of this Section are available here. Aberdeen City Council's response is here (opens as pdf).
  • Section 12 requires that sheriffs should consider reasonableness in repossession proceedings where rent arrears are due to a delay or failure in Housing Benefit. This section came into force in July 2004.