The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2004

Exceptions

3.—(1) Accommodation will not be unsuitable accommodation where it meets the description specified in article 2(3)(c) but does not meet one or both of the descriptions specified in article 2(3)(a) and (b) if any of the circumstances described in paragraph (3) apply.

(2) Where either of the circumstances described in paragraphs (3)(d) or (e) apply and no circumstances as described in paragraphs (3)(a) to (c) apply then the applicant may only occupy such accommodation for a period, or total of periods, which does not exceed 14 days.

(3) Those circumstances are–

(a) where a local authority has reason to believe that an applicant may be homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster;

(b) where a local authority makes available accommodation which meets all of the descriptions specified in article 2(3) and the applicant expresses a wish to be placed in accommodation which meets the description specified in article 2(3)(c) but does not meet one or both of the descriptions specified in article 2(3)(a) and (b);

(c) where the accommodation is either–

(i) a women’s refuge; or

(ii) accommodation owned by a local authority in which services are provided to a household for the purposes of health, child care or family welfare;

(d) where the applicant applies to a local authority for accommodation, or for assistance in obtaining accommodation, outwith normal business hours; or

(e) where there is no other accommodation suitable for occupation by an applicant with family commitments available to a local authority.