Amendment of the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014
2
1
The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014 is amended in accordance with paragraphs (2) to (6).
2
In article 2—
a
for the definition of “rapid access accommodation”, substitute—
- “rapid access accommodation” means emergency temporary accommodation for rough sleepers, or those at risk of rough sleeping, which—
  1. contains a bedroom which is—
    1. safe, private and lockable;
    2. furnished; and
    3. of a good standard; and
  2. provides support to a person using that accommodation to—
    1. access benefits or other services through provision of on-site homelessness and support assessments; and
    2. access ongoing support services, including specialist support services; and
,
b
for the definition of “shared tenancy accommodation”, substitute—
- “shared tenancy accommodation” means accommodation which—
  1. is shared by no more than 5 people;
  2. is of a good standard;
  3. is provided to residents who agree to share accommodation on a temporary basis pending placement in settled accommodation; and
  4. in which each resident has a private and lockable bedroom.
.
3
In article 4(b), after “household” insert “, taking into account the needs of the household”.
4
In article 5—
a
for paragraph (a) substitute—
a
is both—
i
outwith the area of the local authority which is subject to the duty to accommodate under section 29 of the 1987 Act; and
ii
accommodation in which the household has not agreed to be placed;
,
b
in paragraph (c), after “household” insert “which meet the accessibility needs of the household”,
c
in paragraph (d), after “adequate” insert “and accessible”, and
d
in paragraph (e), after “adequate” insert “and accessible”.
5
In article 6—
a
in paragraph (c)(ii), after “profit;” insert “or”,
b
omit paragraph (e) .
6
After article 7, insert—

Additional exemptions from Article 5
7A
1
Where paragraph (4) applies, accommodation in the form of community hosting is not unsuitable by virtue of article 5 despite that accommodation—
a
lacking adequate toilet and personal washing facilities for the exclusive use of the household; or
b
not being usable by the household for 24 hours a day.
2
Where paragraph (4) applies, rapid access accommodation is not unsuitable by virtue of article 5 despite lacking adequate toilet and personal washing facilities for the exclusive use of the household.
3
Where paragraph (4) applies, accommodation which is shared tenancy accommodation is not unsuitable by virtue of article 5 despite lacking adequate toilet and personal washing facilities for the exclusive use of the household.
4
This paragraph applies where—
a
a household does not include either—
i
a pregnant woman;
ii
a dependent child; or
iii
a person who exercises parental rights in respect of a dependent child who is not part of the household; and
b
the household has agreed to be placed in the accommodation referred to in paragraph (1), (2) or (3).
.
S.S.I. 2014/243. The Order is amended by S.S.I. 2017/273, S.S.I. 2020/139, and S.S.I. 2020/268.
Article 6(e) is inserted by S.S.I. 2020/139 (article 2(6)(c)).