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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111018187

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 2(5) of the Homelessness etc. (Scotland) Act 2003 for approval by resolution of the Scottish Parliament.

Housing

Made 2012

Coming into force 31st December 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(1) and (3) of the Homelessness etc. (Scotland) Act 2003f1 and all other powers enabling them to do so.

In accordance with section 2(2) of that Act, the Scottish Ministers consider that 31st December 2012 is the earliest date on which all local authorities can reasonably be expected to perform the duties referred to in that section.

In accordance with section 2(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2003 asp 10.

Contents

  1. 1Citation and commencement
  2. 2Appointed day
  3. 3Amendment of Part2 of the Housing (Scotland) Act 1987
  4. 4Amendment of Part2 of the Housing (Scotland) Act 1987
  5. 5Amendment of Part2 of the Housing (Scotland) Act 1987
  6. 6Amendment of Part2 of the Housing (Scotland) Act 1987
  7. 7Amendment of Part2 of the Housing (Scotland) Act 1987
  8. 8Amendment of Part2 of the Housing (Scotland) Act 1987
  9. 9Amendment of Part2 of the Housing (Scotland) Act 1987
  10. 10Amendment of Part2 of the Housing (Scotland) Act 1987
  11. 11Amendment of Part2 of the Housing (Scotland) Act 1987
  12. 12Amendment of Part2 of the Housing (Scotland) Act 1987
  13. 13Amendment of the Homelessness etc. (Scotland) Act 2003
  14. 14Amendment of the Homelessness etc. (Scotland) Act 2003
  15. 15Amendment of the Antisocial Behaviour etc. (Scotland) Act 2004
  16. Signature
  17. Explanatory note

1Citation and commencement

This Order may be cited as the Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012 and comes into force on 31st December 2012.

2Appointed day

The day appointed for the purposes of section 2 (abolition of priority need test) of the Homelessness etc. (Scotland) Act 2003 is 31st December 2012.

3Amendment of Part2 of the Housing (Scotland) Act 1987

The Housing (Scotland) Act 1987f1 is modified as follows.

4Amendment of Part2 of the Housing (Scotland) Act 1987

Omit section 25 (priority need)f1.

5Amendment of Part2 of the Housing (Scotland) Act 1987

In section 28 omit subsection (2)(a) (inquiries as to priority need)f1, and the word “and” following it.

6Amendment of Part2 of the Housing (Scotland) Act 1987

In the heading to section 29 (interim duty to accommodate) omit “in case of apparent priority need”.

7Amendment of Part2 of the Housing (Scotland) Act 1987

In section 30 (notification of decisions)f1—

(a)

omit subsection (2);

(b)

in subsection (3), for “has a priority need” substitute “is homeless or threatened with homelessness”;

(c)

in subsection (3A), for “, threatened with homelessness or has a priority need” substitute “or threatened with homelessness,”; and

(d)

in subsection (4)(a) omit sub-paragraph (ii) and the “or” that precedes it.

8Amendment of Part2 of the Housing (Scotland) Act 1987

In section 31(2) (duties to persons found to be homeless)f1 omit “are satisfied that he has a priority need and”.

9Amendment of Part2 of the Housing (Scotland) Act 1987

In section 32 (duties to persons found to be threatened with homelessness)—

(a)

in subsection (2) omit “are satisfied that he has a priority need and”; and

(b)

in subsection (8)f1—

(i)

for “falling within section 25(1)(b)” substitute “with whom dependent children reside or might reasonably be expected to reside”; and

(ii)

omit “referred to in that provision”.

10Amendment of Part2 of the Housing (Scotland) Act 1987

In section 33(1)(a) (referral of applications to another local authority)f1 omit “and has a priority need,”.

11Amendment of Part2 of the Housing (Scotland) Act 1987

In section 40(1) (offences) omit paragraph (b) and the word “or” following it.

12Amendment of Part2 of the Housing (Scotland) Act 1987

In section 43 (minor definitions) omit the definition of “priority need (for accommodation)”.

13Amendment of the Homelessness etc. (Scotland) Act 2003

Omit sections 1, 3, 5 and 6 of the Homelessness etc. (Scotland) Act 2003f1.

14Amendment of the Homelessness etc. (Scotland) Act 2003

In section 4(1) of that Actf1, omit the words from “(a) to “and”.

15Amendment of the Antisocial Behaviour etc. (Scotland) Act 2004

Omit paragraph 2 of schedule 4 to the Antisocial Behaviour etc. (Scotland) Act 2004f1.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

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.