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The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2020

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Amendment of the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014

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2.—(1) The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014(1) is amended in accordance with paragraphs (2) to (6).

(2) In article 2 (interpretation)—

(a)omit “and” where it first occurs,

(b)after the definition of “the 1987 Act”, insert—

“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;,

(c)for “.” substitute “;”,

(d)after the definition of “household”, insert—

“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 which consists of a bed, safe space, and which—

(a)

provides on-site homelessness and support assessments; and

(b)

provides support to access specialist support for residents; and

“shared tenancy accommodation” means accommodation which is not large scale or congregate in nature and which—

(a)

is shared, small scale and of a good standard;

(b)

is provided to residents on a temporary basis pending placement in settled accommodation; and

(c)

in which each resident has his or her own bedroom..

(3) In article 3 (application of order), omit from “, but” to “children”.

(4) In article 4 (unsuitable accommodation)—

(a)in paragraph (a), omit “or”,

(b)in paragraph (b)—

(i)for “children” substitute “a homeless household”,

(ii)for “.” substitute “; or”, and

(c)after paragraph (b), insert—

(c)not meeting minimum accommodation safety standards.

(5) In article 5—

(a)in paragraph (e), omit “or”,

(b)in paragraph (f), for “.” substitute “;”,

(c)after paragraph (f), insert—

(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.

(6) In article 6—

(a)in paragraph (c)(ii), omit “or”,

(b)in paragraph (d)—

(i)for “the accommodation is owned by a local authority” substitute “the local authority has secured that the accommodation has been made available”,

(ii)for “.”substitute “; or”, and

(c)after paragraph (d) insert—

(e)the accommodation made available—

(i)is shared tenancy accommodation;

(ii)consists of community hosting; or

(ii)is rapid access accommodation..

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