Houses in multiple occupation (HMO): consultation on adding new categories to the definition of an HMO

Part Two: Impact Assessments

Islands (Scotland) Act 2018

The Islands (Scotland) Bill was passed by the Scottish Parliament in May 2018 and introduced measures to support and help meet the unique needs of Scotland's islands now and in the future. It seeks to help create the right environment for sustainable growth and empowered communities.

Provisions within section 13 of the Islands (Scotland) Act 2018 – which are not yet in force – set out that Scottish Ministers must carry out an Island Communities Impact Assessment (ICIA) when preparing legislation, including subordinate legislation. Whilst these provisions are not yet in force, Scottish Ministers have committed to act in the spirit of the legislation by carrying out ICIAs where appropriate.

As set out in this consultation, where owners of the accommodation types set out in the draft order have changed the manner of occupation in order to accommodate 3 or more contract workers, they will be required to apply for an HMO license. This may mean the owners of properties such as B&Bs or holiday lets will be required to comply with a range of conditions and safety standards that their properties may not currently reach.

Island communities will also have less choice with regards to accommodation for contract workers who are visiting, than would be available on the mainland for example. Therefore the proposed changes may be perceived as reducing the availability of accommodation for such workers and be viewed as having a detrimental effect on the islands' wider economy. However, it is important to note that this may mean that there is an increased health and safety risk in relation to the types of accommodation that contract workers reside in when visiting an island community.

We are aware of the different circumstances that exist on our island communities and we are keen to explore this further, therefore an Island Communities Impact Assessment will be prepared in support of any Order to lay new regulations.

Question 8: Are there any proposals in this consultation which impact on, or have implications for islands communities? Please choose from the following options:

Yes / No / Unsure

Please explain your answer below:

Comments:

Equalities Impact Assessment

The Scottish Government does not think that the policies proposed in the consultation will have potentially negative impacts for equality groups. However, we welcome your thoughts on the impact of the proposals on particular groups of people in respect of their age, disability, gender reassignment, race, religion, sex or sexual orientation, being pregnant or on maternity leave and children's rights and wellbeing. Your views on the impact of these policies will be used to inform the final Equality Impact Assessment that will be prepared in support of any Order to lay new regulations.

Question 9: Are there any proposals in this consultation which impact on, or have implications for equality groups? Please choose from the following options:

Yes / No / Unsure

Please explain your answer below:

Comments:

Business and Regulatory Impact Assessment

To help us determine the impact of the policies proposed in this consultation, we are interested to find out if these proposals would lead to increased costs and/or impact on resources for you or your business (if applicable).

Any comments received will be used to inform the final Business and Regulatory Impact Assessment which would be prepared in support of any Order to lay new regulations.

Question 10: Do any of the proposals in this consultation have financial, regulatory or resource implications for you and/or your business (if applicable)? Please choose from the following options:

Yes / No / Unsure

Please explain your answer below:

Comments:

Question 11: Over the coming months, would you be willing to take part in a short interview to expand further on your comments to Question 10?

Yes / No