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Annex B
Scottish Statutory Instruments
2008 No.
HOUSING
The Homeless Persons (Provision of Non-permanent Accommodation) (Scotland) Regulations 2008
Made - - - - 2008
Laid before the Scottish Parliament 2008
Coming into force - - 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 32A(1) of the Housing (Scotland) Act 1987( 10) and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Homeless Persons (Provision of Non-permanent Accommodation) (Scotland) Regulations 2008 and shall come into force on 2008.
Interpretation
2. In this Order-
"the 1987 Act" means the Housing (Scotland) Act 1987;
"accommodation" has the same meaning as in sections 31 and 32 of the 1987 Act;
"applicant" has the same meaning as in section 28(1) of the 1987 Act;
"transitional accommodation" means accommodation that is not permanent accommodation within the meaning of section 31(5) of the 1987 Act;
"housing support services" has the same meaning as in section 91(8) of the Housing (Scotland) Act 2001( 11);
"housing support services assessment" means a decision by a local authority in any question as to whether an applicant or any person residing with that applicant should be provided with housing support services;
"short assured tenancy" has the meaning given in section 32 of the Housing (Scotland) Act 1988( 12).
Prescribed circumstances where non-permanent accommodation can be provided
3. The circumstances specified in regulation 4 and 5 are prescribed as circumstances in which section 31(2) of the 1987 Act, so far as requiring that accommodation is to be permanent accommodation within the meaning of section 31(5) of that Act, does not apply.
4. The circumstances are-
(a) a housing support services assessment for an applicant has concluded that the applicant or any other person residing with that applicant currently requires a level of housing support services which makes permanent accommodation inappropriate; and
(b) as a result of that housing support services assessment, the local authority is providing an applicant and any person residing with that applicant with transitional accommodation together with-
(i) all services required in terms of the housing support services assessment and a record of the services to be provided;
(ii) access to independent advocacy and information services in connection with the services mentioned in sub-paragraph (i);
(iii) a timetable, agreed with the applicant, for the provision of the transitional accommodation and housing support services and a record of the timetable;
(iv) a review date for the provision of services and transitional accommodation, which date shall not be later than a date six months from the date on which the transitional accommodation was first provided;
(v) an undertaking to provide permanent accommodation when a housing support services assessment identifies that this would be appropriate; and
(vi) a mechanism to monitor the use of transitional accommodation and the long term outcomes for each applicant.
5. The circumstances are-
(a) a short assured tenancy of a minimum duration of 12 months is available to the applicant;
(b) in the view of the local authority, the tenancy available can be afforded by the applicant;
(c) a housing support services assessment for the applicant has concluded that any support needs of the household to which the applicant belongs can be met within the accommodation provided under the tenancy that is available;
(d) the support to meet the support needs of the household is available; and
(e) the applicant, after having been given housing advice by the local authority and access to independent advocacy and information services, has consented in writing to the discharge of the duty under section 31(2) by the provision of accommodation that is not permanent.
Revocation
6. The Homeless Persons Interim Accommodation (Scotland) Regulations 2002( 13) are revoked.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2008
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations prescribe the circumstances in which local authorities can provide non-permanent accommodation to homeless applicants who otherwise would be entitled to permanent accommodation in terms of section 31 of the Housing (Scotland) Act 1987.
Regulations 4 and 5 set out 2 sets of prescribed circumstances. The first is where a housing support services assessment has identified that an applicant for housing or a person living with the applicant requires housing support services which it is not appropriate to provide within permanent accommodation. The second is where a short assured tenancy can be made available to the applicant, and various conditions in respect of the tenancy and the applicant are fulfilled.
Previous regulations made under section 32A of the 1987 Act are revoked.
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