Housing (Scotland) Act 2014

4 Rules on priority of allocation of housing: consultation

(1) After section 20 of the 1987 Act (persons to have priority on housing list and allocation of housing), insert—

“20A Rules on priority of allocation of housing: consultation

(1) Before making or altering its rules governing the priority of allocation of houses, a social landlord must—

(a) consult the persons mentioned in subsection (2), and

(b) prepare and publish a report on the consultation.

(2) The persons are—

(a) applicants on its housing list (within the meaning of section 19),

(b) tenants of the landlord,

(c) bodies for the time being registered in the register of tenant organisations maintained by the landlord under section 53(3) of the Housing (Scotland) Act 2001 (asp 10), and

(d) such other persons as the landlord thinks fit.

(3) A social landlord may publish a consultation report mentioned in subsection (1)(b) in such manner as it thinks fit (and may in particular publish a joint report with any other social landlord).”.

(2) In section 21 of the 1987 Act, after subsection (3) insert—

“(3A) In making or altering its rules governing the priority of allocation of houses, a social landlord must have regard to—

(a) any local housing strategy (within the meaning of section 89(1)(b) of the Housing (Scotland) Act 2001) for its area, and

(b) any guidance published by the Scottish Ministers.

(3B) Before publishing any guidance mentioned in subsection (3A), the Scottish Ministers must consult such persons as they consider appropriate.

(3C) The Scottish Ministers may by regulations prescribe persons of a description or type who a social landlord must include in its rules governing the priority of allocation of houses.

(3D) Regulations under subsection (3C) are subject to the affirmative procedure.”.

(3) The title of section 21 of the 1987 Act becomes “Rules relating to the housing list and to transfer of tenants”.