Social housing allocations legal framework: statutory guidance for social landlords

Footnotes

1. Section 19 of the Housing (Scotland) Act 1987 is amended by section 9 of the Housing (Scotland) Act 2001 ('the 2001 Act') and paragraph 4 of schedule 2 to the Housing (Scotland) Act 2014 ('the 2014 Act'). Section 20 is amended by section 10 of the 2001 Act and sections 3, 5 and 6 of, and paragraph 4 of schedule 2 to, the 2014 Act; it has also been amended by section 154 of the Leasehold Reform, Housing and Urban Development Act 1993 ('the 1993 Act') section 10 of the Homelessness etc. (Scotland) Act 2003 and paragraph 10 of schedule 15 to the Housing and Regeneration Act 2008. Section 20A is added by section 4 of the 2014 Act. Section 20B is added by section 6 of the 2014 Act. Section 21 is amended by section 155 of the 1993 Act, paragraph 13 of schedule 10 to the 2001 Act and section 4 of, and paragraph 4 of schedule 2 to, the 2014 Act.

2. Part II of the 1987 Act as amended in particular by the 2001 Act and the Homelessness etc (Scotland) Act 2003.

3. Section 21 of the 1987 Act, as amended.

4. Section 54 of the 2001 Act already requires landlords to consult tenants and registered tenant organisations on proposed changes to allocations policies that might affect them, as part of its duty to consult on housing management. Such consultation is also likely to be part of a landlord's tenant participation strategy. Section 4 of the 2014 Act, through its insertion of section 20A into the 1987 Act, provides a duty to consult the groups listed.

5. Section 30(6) of the 1987 Act, amended by paragraph 11(3) of schedule 15 to the Housing and Regeneration Act 2008. A 'restricted person' means a person-

(a) who is not eligible for assistance under this Part [i.e. Part 2, Homeless Persons],

(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.

6. Permanent accommodation will also include accommodation secured by a private residential tenancy by virtue of paragraph 4(3) of schedule 4 of the Private Housing (Tenancies) (Scotland) Act 2016 once that provision has been commenced.

7. Overcrowding is defined in Part VII of the 1987 Act.

8. Tolerable Standard is defined by section 86 of the 1987 Act as amended by section 102 of the 2001 Act and section 11 of the Housing (Scotland) Act 2006.

9. Section 8 of the Protection from Harassment Act 1997 (c.40) defines 'harassment' of a person as including causing a person alarm or distress.

10. Section 33 of the 1987 Act defines 'domestic abuse' as abuse from a person with whom, but for the risk of abuse, an applicant might reasonably be expected to live, or abuse from a person with whom they formerly lived. For this purpose, 'abuse' includes violence, harassment, threatening conduct, and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress.

11. Section 20(2)(a) of the 1987 Act.

12. Section 20(2)(b) of the Housing (Scotland) Act 1987.