Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (No.2) Order 2020: equality impact assessment

This amendment to the 2014 Unsuitable Accommodation Order seeks to amend some of the Articles within the 2020/139 Order laid in May 2020 and to clarify terms and definitions of suitability of accommodation and when exemptions should apply.

Stage 1: Framing

Results of framing exercise

The local authority working group identified drafting issues of the 2020/139 Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2020 when developing guidance to support the implementation of the Order.

In addition the working group liaised with a wider group of homelessness stakeholders and an informal consultation was also undertaken on the draft guidance and SSI. The resulting feedback from stakeholders has been incorporated to make the appropriate amendments to the Order. The working group oversaw all of this, was consulted and agreed the amendments.

The revision of the SSI includes:

  • Removing references to shared tenancies, community hosting and rapid access accommodation from Article 6(e), and instead places them within a new Article 7A so that Article 5 applies and the accommodation must meet the relevant suitability criteria.
  • Amending the interpretation of rapid access accommodation of the draft SSI to read "emergency temporary accommodation for rough sleepers, or those at risk of rough sleeping, which consists of a safe, furnished, private lockable bedroom, of a good standard, and which provides support to a person using that accommodation".
  • Adding wording that states that the new models of accommodation are not suitable where the household includes:
  • a pregnant woman;
  • a dependent child;
  • or a person who exercises parental rights in respect of a dependent child who is not part of the household; and
  • where the household has agreed to be placed in the accommodation.
  • adding wording to ensure that the physical accessibility and suitability needs of vulnerable people are met.

Extent/Level of EQIA required

This amendment does not change the level of EQIA required which is medium. This is after assessment using the criteria reflected below:



Potential negative impacts identified that require mitigation.

Evidence gaps meaning potential impact on certain group(s) not known.


Some good evidence, but information gaps identified for some relevant protected characteristics that must be filled to assess impact, including consulting with people in those equality groups.


Not able to robustly demonstrate "due regard" – complaint possible.


Potential negative publicity or negative impact on relations with stakeholders and communities.

Action required to manage risk

Make adjustments to policy to mitigate identified negative impacts, or have robust reasons for proceeding.

Fill evidence gaps as far as is possible.

Mitigating action and action plan to be completed and monitored


Email: Homelessness_External_Mail@gov.scot

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