The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (No. 2) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014 (“the 2014 Order”).

Article 2(2) inserts new definitions of “rapid access accommodation” and “shared tenancy accommodation” into article 2 of the 2014 Order.

Article 2(3) amends article 4(b) of the 2014 Order so that the needs of a household are considered in determining whether accommodation is suitable for occupation by them.

Article 2(4) amends article 5 of the 2014 Order so that accommodation outwith the area of the local authority is not unsuitable if the household agrees to be placed there. It also amends article 5(c) of the 2014 Order so that the accessibility needs of the household are considered when determining whether the toilet and washing facilities in accommodation are adequate.

Article 2(5) omits article 6(e) from the 2014 Order, so that shared tenancy accommodation, community hosting, and rapid access accommodation are no longer excluded from the scope of article 5 of the 2014 Order.

Article 2(6) inserts a new article 7A into the 2014 Order which sets out circumstances where community hosting, rapid access accommodation and shared tenancy accommodation is not unsuitable accommodation provided that the household does not include a pregnant woman, a child or a person who exercises parental rights in respect of a child who does not form part of the household.