Publication - Consultation paper

Local connection and intentionality provisions in homelessness legislation: consultation

Published: 31 Jan 2019
Directorate:
Housing and Social Justice Directorate
Part of:
Housing, Law and order
ISBN:
9781787815544

This consultation paper invites your views on commencing the Local Connection and Intentionality provisions in the Homelessness etc. (Scotland) Act 2003.

33 page PDF

619.6 kB

33 page PDF

619.6 kB

Contents
Local connection and intentionality provisions in homelessness legislation: consultation
Annex B

33 page PDF

619.6 kB

Annex B

Amendments to Sections 28, 30 and 33 of the Housing (Scotland) Act 1987 should sections 4 and 8 of the Homeless etc. (Scotland) Act 2003 be commenced

28.— Inquiry into cases of possible homelessness or threatened homelessness.

(1) If a person (“an applicant”) applies to a local authority for accommodation, or for assistance in obtaining accommodation, and the authority have reason to believe that he may be homeless or threatened with homelessness, they shall make such inquiries as are necessary to satisfy themselves as to whether he is homeless or threatened with homelessness.

(2) If the authority are so satisfied, they shall make any further inquiries necessary to satisfy themselves as to—
[...] [1]
(b) may, if they think fit, make any further inquiries necessary to satisfy themselves as to whether the individual became homeless or threatened with homelessness intentionally; and if the authority think fit, they may also make inquiries as to whether the individual has a local connection with the district of another local authority in Scotland, England or Wales.

30.— Notification of decision and reasons.

(1) On completing their inquiries under section 28, the local authority shall notify the applicant of their decision on the question whether he is homeless or threatened with homelessness.
[...] [1]

(3) If they notify him that their decision is that he [is homeless or threatened with homelessness] [2] , they shall at the same time notify him—
(a) where they have made inquiries under section 28(2)(b), of their decision on the question whether he became homeless or threatened with homelessness intentionally, and
(b) whether they have notified or propose to notify any other local authority under section 33 that his application has been made.
[
(3A) If they decide that he is homeless [ or threatened with homelessness,] [4] but would not have done so without having had regard to a restricted person, they shall also notify him of–
(a) the fact that their decision was reached on that basis,
(b) the name of the restricted person,
(c) the reason why the person is a restricted person, and
(d) the effect of section 31(2G) or (as the case may be) 32(2A) and (2B).
] [3]

(4) If they notify him—
(a) that they are not satisfied—
(i) that he is homeless or threatened with homelessness, [...] [5]
[...] [5]
(b) that they are satisfied that he became homeless or threatened with homelessness intentionally, or
(c) that they have notified or propose to notify another local authority under section 33 that his application has been made,
they shall at the same time notify him of their reasons.
[
(4A) They shall also notify him—
(a) that he may request a review of the decision and of the time within which such a request must be made, and
(b) of the advice and assistance that is available to him in connection with any such review.
] [6]

(5) The notice required to be given to a person under this section shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority's office for a reasonable period for collection by him or on his behalf.

[
(6) In this Part “a restricted person” means a person–
(a) who is not eligible for assistance under this Part,
(b) who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and
(c) either–
(i) who does not have leave to enter or remain in the United Kingdom, or
(ii) whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.
] [7]

33.— Referral of application to another local authority.

(1) If a local authority—
(a) are satisfied that an applicant is homeless [...] [1] and are not satisfied that he became homeless intentionally, but
(b) are of opinion that the conditions are satisfied for referral of his application to another local authority,

they may notify that other local authority in Scotland, England or Wales of the fact that his application has been made and that they are of that opinion.

(2) The conditions of referral of an application to another local authority are—
(a) that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,
(b) that the applicant or a person who might reasonably be expected to reside with him has a local connection with that other local authority's district, and
(c) that neither that applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic [abuse] [2] in that other local authority's district.

(3) For the purposes of this section a person runs the risk of domestic [abuse] [3]
(a) if he runs the risk of [abuse (within the meaning of the Protection from Abuse (Scotland) Act 2001 (asp 14))] 4 from a person with whom, but for the risk of [abuse] 3 , he might reasonably be expected to reside, or from a person with whom he formerly resided [.] 5
[...] 5

(4) The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority, or in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.

(5) An order may direct that the arrangements shall be—
(a) those agreed by any relevant authorities or association of relevant authorities, or
(b) in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.

(6) No order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

33A Power to modify section 33

(1) The Scottish Ministers may by order made by statutory instrument provide that, for so long as the order is in force, the power of a local authority under subsection (1) of section 33 to notify another local authority of the matters referred to in that subsection—
(a) shall not be exercisable by such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable by such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order;
(b) shall not be exercisable in relation to such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable in relation to such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order.

(2) An order under this section may—
(a) provide for this Part to apply with such modifications, and
(b) make such transitional, transitory or saving provision,
as the Scottish Ministers think necessary or expedient in consequence of the order.

(3) A statutory instrument containing an order under this section is, if made without a draft having been laid before, and approved by a resolution of, the Scottish Parliament, subject to annulment in pursuance of a resolution of the Scottish Parliament.

33B Statement on exercise of power to modify section 33

(1) The Scottish Ministers must, before the expiry of the period of 12 months beginning with the coming into force of this section, prepare and publish a statement setting out the circumstances in which, and the general criteria by reference to which, the power under section 33A is to be exercised.

(2) The Scottish Ministers—
(a) must keep the statement under review;
(b) may from time to time modify the statement; and
(c) must publish any modified statement.

(3) Before preparing or modifying the statement, the Scottish Ministers must consult—
(a) such associations representing local authorities; and
(b) such other persons,
as they think fit.


Contact

Email: Marion Morris