The Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in relation to the duties of local authorities in respect of persons found to be homeless or threatened with homelessness.

Article 2 appoints the day for the abolition of the “priority need” test in relation to local authority duties under sections 31 and 32 of the Housing (Scotland) Act 1987 (“the 1987 Act”). The effect is that the duties in those sections to persons who are unintentionally homeless, or threatened with homelessness, will apply regardless of whether the person has a priority need for accommodation.

Section 25 of the 1987 Act sets out which persons have a priority need for accommodation. Article 4 removes that section of the 1987 Act in consequence of the abolition of the test.

Article 8 removes the need for a local authority to be satisfied that an applicant for assistance is in a priority need group from the duty to secure permanent accommodation for a homeless person. Article 9 makes a similar amendment to the duty in respect of persons threatened with homelessness.

Articles 5 and 6 make consequential changes to the inquiries that local authorities are required to make and the manner in which decisions are notified. Articles 7, 11 and 12 also make minor consequential changes.

Article 10 amends the grounds on which a local authority can choose to refer an applicant to another authority with which the applicant has a local connection, to remove a reference to such referral only being possible where an applicant has a priority need.

Article 13 revokes sections 1, 3, 5 and 6 of the Homelessness etc. (Scotland) Act 2003 (“the 2003 Act”). Section 1 amended the priority need groups that are being abolished by this Order. Section 3 set out the process to be followed prior to that abolition and has become redundant. Sections 5 and 6 provided amendments to the 1987 Act that have never been commenced and that have become otiose as a result of this Order.

Article 14 revokes part of section 4 of the 2003 Act which inserted an uncommenced amendment into the 1987 Act. That amendment relates to inquiries into priority need.

Article 15 revokes provision in the Antisocial Behaviour etc. (Scotland) Act 2004 that is also otiose as a result of this Order.