Homeless Persons (Unsuitable Accommodation) (Scotland) Order: guidance

Annex C – Combined Order

The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014 (as amended)

The following is a consolidated version of Articles 2 to 7 of the Unsuitable Accommodation Order which includes amendments made through the following statutory instruments:-

• The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2017
• The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2020 (2020/139)
• The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (Coronavirus) Order 2020 (2020/268)
• The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (No.2) Order 2020 (2020/419)
• The Homeless Persons (Unsuitable Accommodation) (Scotland) (Modification and Revocation) (Coronavirus) Order 2021(2021/10)

Article 2 reads:

Interpretation

In this Order—

“the 1987 Act” means the Housing (Scotland) Act 1987;

“household” means the applicant and any person who resides, or might reasonably be expected to reside, with the applicant.

“community hosting” means the provision of a spare room and other support by a member of the community to a homeless household in crisis for a short period of time;

“coronavirus” means severe acute respiratory syndrome coronavirus 2
(SARS-Cov-2);

“isolate” in relation to a person means separation of that person from any other person in such manner as to prevent infection or contamination with coronavirus;

“minimum accommodation safety standards” includes standards specified in an enactment for accommodation in relation to health and safety, hygiene, fire, furniture and electrical equipment;

“rapid access accommodation” means emergency temporary accommodation for rough sleepers, or those at risk of rough sleeping, which—

(a) contains a bedroom which is—

(i) safe, private and lockable;

(ii) furnished; and

(iii) of a good standard; and

(b) provides support to a person using that accommodation to—

(i) access benefits or other services through provision of on-site homelessness and support assessments; and

(ii) access ongoing support services, including specialist support services;

shared tenancy accommodation” means accommodation which—

(a) is shared by no more than 5 people;

(b) is of a good standard;

(c) is provided to residents who agree to share accommodation on a temporary basis pending placement in settled accommodation; and

(d) in which each resident has a private and lockable bedroom.”.

Article 3 reads

Application of this Order

This Order applies to accommodation provided to an applicant under section 29 of the 1987 Act (interim duty to accommodate an applicant who may be homeless).

Article 4 reads

Unsuitable accommodation

In all circumstances, accommodation is unsuitable if it is—

(a) not wind and watertight;

(b) not suitable for occupation by a homeless household, taking into account the needs of the household; or

(c) not meeting minimum accommodation safety standards.

Article 5 reads

Unless any of the circumstances in article 6 apply, accommodation is also unsuitable if it—

(a) is both—

(i) outwith the area of the local authority which is subject to the duty to accommodate under section 29 of the 1987 Act; and

(ii) accommodation in which the household has not agreed to be placed

(b) is not in the locality of facilities and services for the purposes of health and education which are being used, or might reasonably be expected to be used, by members of the household, unless those facilities are reasonably accessible from the accommodation, taking into account the distance of travel by public transport or transport provided by a local authority;

(c) lacks within the accommodation adequate toilet and personal washing facilities for the exclusive use of the household, which meet the accessibility needs of the household;

(d) lacks adequate and accessible bedrooms for the exclusive use of the household;

(e) is accommodation within which the household does not have the use of adequate and accessible cooking facilities and the use of a living room;

(f) is not usable by the household for 24 hours a day;

(g) is not in the locality of the place of employment of a member of the household, taking into account the distance of travel by public transport or transport provided by a local authority; or

(h) is not suitable for visitation by a child who is not a member of the household and in respect of whom a member of the household has parental rights.

Article 6 reads

Article 5 does not apply where—

(a) the local authority believes that the applicant may be homeless or threatened with homelessness as a result of an emergency, such as flood, fire or other disaster;

(b) the local authority has offered the applicant accommodation that meets the requirements of article 5, but the applicant wishes to be accommodated in other accommodation that does not meet those requirements;

(c) the accommodation is used wholly or mainly to provide temporary accommodation to persons who have left their homes as a result of domestic abuse and is managed by an organisation which—

(i) is not a public authority or a local authority; and

(ii) does not trade for profit.

(d) the local authority has secured that the accommodation has been made available and services relating to health, child care or family welfare are provided to persons accommodated there;

(e) removed via the Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (No.2) Order 2020 (2020/419)

(f) a person in the household has symptoms of coronavirus and the household requires to isolate (expires on 30 June 2021^[6]); or

(g) the accommodation is required to provide temporary accommodation to ensure that a distance of 2 metres can be maintained between a member of the household and a person who is not a member or the household in order to prevent the spread of coronavirus (expires on 30 June 2021^[7]); or

(h) the following conditions are both satisfied—

(i) the local authority is unable to place the household in suitable accommodation as a result of the impacts of coronavirus on temporary accommodation supply in the area; and

(ii) the household does not include a dependent child or a pregnant woman; or (expires on 30 June 2021^[8])

(i) the following conditions are all satisfied—

(i) the local authority is unable to place the household in suitable accommodation as a result of the impacts of coronavirus on temporary accommodation supply in the area;

(ii) the household includes either, or both, a dependent child or pregnant woman; and

(iii) the local authority provides the household with accommodation which does not meet the requirements of article 5 for no longer than 7 days in total in respect of that household’s application.. (expires on 30 June 2021^[9])

Article 7 reads

Temporary accommodation

7.—(1) Paragraph (2) applies where—

(a) an applicant who is a person referred to in article 3 seeks accommodation from the local authority, or assistance in obtaining accommodation, out with normal business hours; or

(b) the local authority has no accommodation suitable for such an applicant.

(2) The local authority may provide that applicant with accommodation which does not meet the requirements of article 5, but (unless article 6 disapplies article 5) for no longer than 7 days in total in respect of that person’s application.

Additional exemptions from Article 5

7A.—(1) Where paragraph (4) applies, accommodation in the form of community hosting is not unsuitable by virtue of article 5, despite that accommodation—

(a) lacking adequate toilet and personal washing facilities for the exclusive use of the household; or

(b) not being usable by the household for 24 hours a day.

(2) Where paragraph (4) applies, rapid access accommodation is not unsuitable by virtue of article 5, despite lacking adequate toilet and personal washing facilities for the exclusive use of the household.

(3) Where paragraph (4) applies, accommodation which is shared tenancy accommodation is not unsuitable by virtue of article 5, despite lacking adequate toilet and personal washing facilities for the exclusive use of the household.

(4) This paragraph applies where

(a) a household does not include either—

(i) a pregnant woman;

(ii) a dependent child; or

(iii) or a person who exercises parental rights in respect of a dependent child who is not part of the household; and

(b) the household has agreed to be placed in the accommodation referred to in paragraph (1), (2) or (3).”.