Your location: Commencements
The sections of the Homelessness etc. (Scotland) Act 2003 are commenced at different times over the period of implementation of the Act. This page lists sections which have been commenced so far, and looks at when future commencements are likely to take place.
Future commencements
Sections still to be commenced:
Due in 2008
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Section 8 |
Removes the local connection test. The Act suspends local authority powers of referral. This means that at a point in the future local connection could be reinstated. The Act also exempts refugees from being deemed to have a local connection with the area they were placed in by NASS, in carrying out their duties under the Immigration and Asylum Act 1999. This will only apply should local connection be reinstated. The Scottish Government published a consultation paper on the proposed changes in September 2006. The consultation closed on 19 January 2007 and you can read Shelter's response here. |
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Section 11 |
This requires landlords (both social and private) and creditors to notify local authorities of any repossession proceedings. In December 2006, the Scottish Government published a consultation paper on the implementation of Section 11 and the associated regulations and guidelines. Shelter responded before the consultation closed on 30 March 2007. |
Date unknown as yet
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Section 4 |
Changes the duty to carry out an intentionality investigation to a power. |
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Section 5 |
Those applicants who are found to be intentionally homeless are provided with a Short Scottish Secure tenancy (with some exceptions). |
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Section 6 |
Those who are given an SSST are also to be provided with housing support services, with a view to eventually moving to a full tenancy. The Scottish Government has undertaken research into the support needs of intentionally homeless households, which will inform the implementation of Sections 4, 5 and 6 of the Act. You can read the research report here. These three sections of the Act cannot be implemented until the Scottish Government has developed regulations determining the rights of people in temporary accommodation, a requirement under Section 7 of the Housing (Scotland) Act 2001. |
Completed commencements
These sections of the Act have been commenced:
Phase one
During 2004 several sections of the Homelessness etc. (Scotland) Act 2003 were commenced, most notably Section 1, which gives priority need, by law, to several new groups of people.
The list of those considered to be in priority need, including the new groups, is now:
a. a pregnant woman;
b. a person with whom dependent children reside or might reasonably be expected to reside;
c. a person who is vulnerable as a result of; old age; mental illness; personality disorder; learning disability; physical disability; chronic ill health; having suffered a miscarriage or undergone an abortion; having been discharged from a hospital, prison or any part of the regular armed forces; or other special reason;
d. anyone who has lost their accommodation as a result of an emergency such as flood, fire or other disaster;
e. a person who resides or might reasonably be expected to reside with the person referred to in a, c or d above;
f. a person aged 16 or 17;
g. a young person aged between 18 and 20 and either, living in circumstances which put them at risk of sexual or financial exploitation or misuse of alcohol or drugs; or who was, at the time that they ceased to be of school age (or at any subsequent time) looked after by a local authority, and is no longer looked after;
h. a person whose religion, sexual orientation, race, colour, ethnic or national origins mean that s/he runs the risk of violence or harassment, or is likely to suffer harassment;
i. a person who runs the risk of domestic abuse.
To read more about the changes to priority need, visit the relevant appendix of the Act.
The categories of priority need will be expanded further over the coming years. In December 2005 the Scottish Government Minister for Communities, in a statement to Parliament, stated that local authorities will be required to make a 50 per cent increase in the amount of applicants assessed as priority need by 2009. How this will be achieved in each area has been left to the discretion of the individual local authorities.
The other sections of the act that commenced during Phase one are:
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Section 2 |
Allows Scottish Ministers to abolish the priority need test at some point in the future, as soon as they are satisfied that local authorities will be able to carry out their duties in relation to homeless people without distinguishing between applicants on the basis of priority need. |
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Section 3 |
Places a duty on Scottish Ministers to produce a statement by the end of 2005 setting out how they intend to abolish priority need by 2012. This statement was made to Parliament on 21 December 2005. You can read the full statement and Shelter's briefing here. |
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Section 7 |
Local authorities are prevented from determining that residence in NASS accommodation was of a person's own choice. This will impact on how refugees pass the local connection test. |
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Section 9 |
Gives Scottish Ministers the power to set out in regulations accommodation that is unsuitable for homeless people. This was used to create the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2004 , which bars local authorities from using bed and breakfast accommodation as temporary accommodation for households with children other than in exceptional circumstances. |
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Section 10 |
Amends the Housing Act 1987 to replace references to domestic violence with domestic abuse. |
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Section 12 |
Sheriffs must take into account whether housing benefit delay has contributed to rent arrears in possession actions. |
