« Previous | Contents | Next »
Listen
CONSULTATION ON REGULATIONS UNDER SECTION 7 OF THE HOUSING (SCOTLAND) ACT 2001: Rights and responsibilities in temporary accommodation
INTRODUCTION
1. This consultation paper seeks views on draft regulations under section 7 of the Housing (Scotland) Act 2001 (the 2001 Act). The policy memorandum accompanying the version of the 2001 Act as it was introduced to the Scottish Parliament stated that "at present, homeless people living in hostels have no rights in relation to their accommodation. In order to rectify this, [the Bill] proposes powers for the Scottish Ministers to set out in regulations terms of occupancy for those living in hostels".
2. During the passage of the Bill, Ministers also agreed to consider the extension of regulations under section 7 to accommodation specifically provided for ex-offenders by organisations such as SACRO. This consultation also proposes that the regulations apply to temporary accommodation provided under the homelessness legislation and to women's refuges.
3. The underlying purpose of the regulations is to clarify and enshrine in legislation the minimum rights of people living in hostels and other insecure accommodation. This is in line with the Executive's wider aims of improving the rights of homeless people which are being taken forward in implementing the Housing (Scotland) Act 2001, the Homelessness etc (Scotland) Act 2003 and the recommendations of the Homelessness Task Force 1. In particular the Executive is keen to ensure that the regulations do not inadvertently undercut any rights which residents may already have - at common law for example.
4. The Executive is also keen to ensure that the regulations do not overlook the responsibilities incumbent on people living in insecure accommodation, but recognise these in a context which does not undermine the constructive approach which many providers are taking to working with residents, some of whom are extremely challenging. We recognise the need to allow providers the flexibility to ensure that residents are supported appropriately whilst also fulfilling their responsibilities to safeguard other residents and staff.
5. The Executive also recognises that the role of direct access accommodation, and other forms of temporary accommodation, and the context in which it is being provided has changed quite markedly in Scotland in recent years. In particular, the Rough Sleepers Initiative, and the programme to reprovision the large hostels in Glasgow, have had a major impact. In general this has seen a move towards a more supported environment, with a wide variety of support services working with accommodation providers. The extension of rights to temporary accommodation to all homeless people under the 2001 Act also appears to have had an impact on the number of people living in temporary accommodation and on the level of support needs being identified and requiring to be met.
6. The Executive also notes that the circumstances of residents who may come within the scope of the regulations has the potential to vary widely. For instance some people may stay in a hostel for 1 or 2 nights whilst some others have lived there for years. The level of support required may also differ from person to person and whilst the majority of residents are likely to be single people, some families with children and other household groups may also come within the scope of the regulations.
7. To retain clarity it is proposed that the regulations will apply uniformly to these different circumstances (with the exception of the proposed notice period where the length of stay has an impact - see paragraph 48 for details), but it is recognised that respondents to this consultation may wish to suggest alternative approaches.
8. It is our intention to issue guidance to support providers of accommodation in implementing the new regulations once they are finalised. Suggested coverage for such guidance is referred to throughout this paper, and your views on the form and content of such guidance would also be useful.
THE PRIMARY LEGISLATION
9 .As with any piece of subordinate legislation, the parameters of these regulations are set by the primary legislation which gives Ministers the power to make them - in this case section 7 of the 2001 Act.
10. Section 7 gives Ministers the power to make 2 sets of regulations. Under section 7(3) Ministers may specify in regulations terms which are to have effect as terms of an occupancy as between an occupier and an accommodation provider (these regulations are referred to in this paper as the terms of occupancy regulations). This means that the terms of occupancy regulations must be specific and apply to the relationship between an individual occupier and provider - they cannot place general duties on the provider which do not translate to an individual occupancy agreement.
11. Regulations under section 7(1) are to set out the types of occupancies to which the terms will apply (these regulations are referred to in this paper as the types of occupancy regulations).
12. The full text of section 7 of the 2001 Act is attached at Annex A. Section 7 states that the regulations must comply with the following requirements:
The types of occupancy regulations under section 7(1) must not specify occupancy of accommodation-
(a) as a heritable proprietor
(b) secured by:
- a Scottish secure tenancy or what would be a Scottish secure tenancy but for paragraph 1,2, or 8 of Schedule 1 to the 2001 Act
- a short Scottish secure tenancy
- an assured tenancy or what would be an assured tenancy but paragraph 8 of Schedule 4 to the 1988 Act 2
- a short assured tenancy
13. The terms of occupancy regulations under 7(3) must:
Include provision for a minimum period of notice to be given by the person providing the accommodation to the occupier before the right of occupancy can be terminated. However the primary legislation is clear that such provision does not prevent the earlier termination of occupancy rights where there is a serious danger to other occupiers or staff of the accommodation.
14. In addition the terms of occupancy regulations may:
Make provision for an application to a court by a person whose occupancy is terminated on the ground that there is a serious danger to other occupiers or staff of the accommodation.
15. Section 7 also provides that an occupier and provider can agree terms of occupancy additional to those specified in the regulations, although these will have no effect to the extent to which there are inconsistent with any specified term. It also states that a person providing accommodation who fails, without reasonable excuse, to comply with a specified term is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
CONTENT OF THE DRAFT REGULATIONS
16. The actual form of the draft regulations is set out in Annexes B (the types of occupancy regulations) and C (the terms of occupancy regulations). This section explains their content, sets out possible areas for accompanying guidance to explore and states the questions which we would like you to consider. These questions are repeated as part of the consultation questionnaire at page 18 onwards.
Types of occupancy regulations - content
17. The types of occupancy regulations currently state that the following types of occupancy will be covered:
- Occupancy arising from a duty of a local authority to make available accommodation in terms of certain sections of the homelessness legislation.
- Occupancy for a term of less than 6 months where this is for a person subject to supervision under section 27 of the Social Work (Scotland) Act 1968
- Occupancy in a hostel - a hostel is defined as (a) in relation to a building provided or converted before 3rd January 1962, a building in which is provided, for persons generally or for any class or classes of persons, residential accommodation (otherwise than in separate and self-contained houses) and board, and(b) in relation to a building provided or converted on or after that date, a building in which is provided for persons generally or for any class or classes of persons, residential accommodation (otherwise than in houses) and either board or common facilities for the preparation of adequate food to the needs of those persons, or both.
This definition is the one used in the 2001 Act.
- Occupancy in a women's refuge - a women's refuge is defined as a house managed by a voluntary organisation and used wholly or principally for the temporary accommodation of persons who have left their homes as a result of physical violence or mental abuse; or threats of such violence or abuse, from a person to whom they are/were married/cohabiting.
18. If an occupancy does not come within the categories set out in paragraph 17 above, it does not come within the scope of the regulations as currently drafted. In addition, the regulations as drafted state that even where an occupancy does meet the criteria set out in paragraph 17, the following types of occupancy are exempted:
18A. Occupancy of accommodation-
(a) as a heritable proprietor
(b) secured by-
- a Scottish secure tenancy or what would be a Scottish secure tenancy but for paragraph 1,2, or 8 of Schedule 1 to the 2001 Act
- a short Scottish secure tenancy
- an assured tenancy or what would be an assured tenancy but paragraph 8 of Schedule 4 to the 1988 Act
- a short assured tenancy
As is set out in paragraph 2 of this paper, section 7 of the 2001 Act states that these types of occupancy cannot be covered in the regulations. Summarising, paragraphs 1,2 and 8 of Schedule 1 of the 2001 Act cover tenancies which would be Scottish Secure Tenancies but for the fact that the premises are occupied under a contract of employment; are police and fire accommodation; are let together with agricultural land exceeding 2 acres; consist of or include premises used as a shop or office for business, trade or professional purposes, or are premises licensed for the sale of excisable liquor. Paragraph 8 of Schedule 4 of the 1988 Act covers holiday lets.
18B Occupancy secured by what would be a Scottish secure tenancy but for paragraph 3 of Schedule 1 to the 2001 Act; Occupancy secured by what would be an assured tenancy but for paragraph 7 of Schedule 4 to the 1998 Act (this covers student lettings).
18C Occupancy secured by a lease (the intention here is to ensure that the regulations do not undercut current rights which residents may have at common law).
18D Occupancy in accommodation occupied by a religious order whose principal occupation is prayer, contemplation, education or the relief of suffering
18E Occupation in accommodation provided by the Secretary of State for Defence for armed forces personnel
18F Prison accommodation
18G Occupancy in accommodation which is provided as part of a care home service; school care accommodation service; independent health care service; secure accommodation service (the definition of these services is as under the Regulation of Care (Scotland) Act 2001). These services are subject to regulation and inspection by the Scottish Commission for the Regulation of Care, as against the National Care Services.
18H Occupancy which is not the person's main and only residence (This is to ensure that a stay in a hotel/Bed and Breakfast for business purposes, for example, does not come within the scope of the regulations).
Types of occupancy regulations - guidance
19. Guidance relating to the implementation of the regulations may cover illustrative examples of the types of occupancy/accommodation which are covered, and those which are exempt. It will also emphasise that accommodation providers should aim to maximise security of tenure wherever possible.
20. It should be noted that as currently drafted the regulations are not intended to apply to people staying in hotels or B&B accommodation for business purposes or as part of a holiday - however, if people have been placed in this type of accommodation by a local authority discharging its duty under the homelessness legislation then their occupancy will be covered by these regulations. It should also be noted that people living in a separate self contained houses will not come within the scope of the regulations unless the occupancy has come about as a result of a local authority discharging its duty under the homelessness legislation; the house comes within the definition of a women's refuge; or the person is under supervision in terms of section 27 of the Social Work (Scotland) Act 1968 and the occupancy is for less than 6 months.
21. As currently drafted, the regulations apply to all providers equally - no distinction is drawn between the statutory, voluntary and private sectors.
Types of occupancy regulations - questions
22. The questions which we would like you to consider in relation to the type of occupancy regulations are as follows:
Q1 Are the types of occupancy covered appropriate?
Q2 Are the types of occupancy which are excluded appropriate? In particular is it appropriate to exclude leases and care services regulated by the Scottish Commission for the Regulation of Care?
Q3 Should certain classes of provider be excluded (for instance private sector/voluntary organisations)?
Q4 Are there any particular areas where definitions or application could be clarified in guidance?
Terms of occupancy regulations
23. The terms of occupancy regulations specify terms which will apply between occupiers and providers in relations to the occupancies set out above. Please refer to Annex C for the detailed wording of the regulations. This section explains their content, sets out possible areas for accompanying guidance to explore and states the questions which we would like you to consider. However this section does not replicate the wording of the regulations precisely.
24. It should be noted that the terms of occupancy regulations contain terms which will be included in occupancy agreements - it is therefore important that these terms are transferable across the different situations in which they will apply. As is noted at paragraph 10 above it should also be noted that the terms are to have effect as between the provider and an individual occupier - it is not competent for the regulations to impose more general duties on a provider.
REGULATION 4
Regulation 4: Written agreement: content
25. The provider shall provide an appropriate form of written agreement no later than 24 hours after the commencement of the occupancy. This shall set out the specified terms and any additional terms agreed between the provider and occupier in relation to the occupancy.
Regulation 4: Written agreement: guidance
26. Guidance relating to the regulations may cover the types of additional terms which providers and occupiers may wish to consider, and may also set out a model occupancy agreement. This is likely to include guidance as to the incorporation of accommodation 'rules' within occupancy agreements, and ensuring that both provider and occupier are clear as to the consequences of breaching a term of the agreement. Guidance may also cover the most appropriate way to ensure that illiterate residents are aware of their rights.
Regulation 4: Written agreement: questions
27. The questions we would like you to consider in relation to Regulation 4 are:
Q5. Is this regulation appropriate?
Q6. Could the regulations themselves cater for illiterate occupiers?
Q7. What guidance would be useful in relation to this term? Do you have any examples of good practice which would be a good foundation for guidance?
REGULATIONS 5 AND 6
Regulations 5 and 6: Information/advice: content
28. The occupier may seek independent advice from any person providing advocacy, information and legal services. The provider shall respond, in so far as reasonable, to any request from the occupier for information or explanation.
Regulations 5 and 6: Information/advice: guidance
29. Guidance relating to the regulations may cover the types of advocacy, information and legal services which the occupier may wish to access, the role of the accommodation provider in assisting this access for a wide variety of occupiers and good practice in relation to co-location/signposting of services.
Regulations 5 and 6: Information/advice: questions
30. The questions we would like you to consider in relation to Regulations 5 and 6 are:
Q8 Are these regulations appropriate?
Q9 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
REGULATION 7
Regulation 7: Personal possessions: content
31. The occupier shall be responsible for his/her personal possessions.
Regulation 7: Personal possessions: guidance
32. Guidance relating to the regulations may cover the advice which accommodation providers, and other service providers, may wish to offer to occupiers in relation to insurance and safeguarding their possession against theft or destruction. It may also cover steps providers may wish to take to ensure that occupiers are able to access secure storage if necessary.
Regulation 7: Personal possessions: questions
33. The questions we would like you to consider in relation to Regulation 7 are:
Q10 Is this regulation appropriate?
Q11 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
REGULATION 8
Regulation 8: condition of accommodation: content
34. Provider to ensure that accommodation is wind and water tight and otherwise fit for human habitation at commencement of occupancy and thereafter.
Regulation 8: condition of accommodation: guidance
35. Guidance is likely to cover the specific actions required in order for a provider to ensure this term is met.
Regulation 8: condition of accommodation: questions
36. The questions we would like you to consider in relation to Regulation 8 are:
Q12 Is this regulation appropriate?
Q13 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
REGULATIONS 9, 10 AND 11
Regulations 9,10 and 11: Conduct of occupier: content
37. The occupier shall not use, or let anyone else use, the accommodation for illegal/immoral purposes. The occupier shall not, in or at the locality of the accommodation, act in such a way as to result in a serious danger to other occupiers or staff of the accommodation. Furthermore the occupier shall not, in or near the accommodation, act in a way which is detrimental to the health, or likely to seriously endanger the safety, of any person, or in a way which is likely to cause alarm, distress, nuisance or annoyance to any person.
Regulations 9,10 and 11: Conduct of occupier: guidance
38. Guidance relating to the regulations may cover illustrative examples of types of actions which may be taken to constitute a serious danger and/or which meet any of the other definitions. Guidance may also cover action which providers of accommodation, and other service providers, may wish to take in response to a breach of these terms. It should be noted that as currently drafted the regulations do not establish a link between such a breach and the provision of support, any sanction or other consequence. However this may be an area which could be agreed between the provider and occupier as an additional term of occupancy.
Regulations 9,10 and 11: Conduct of occupier: questions
39. The questions we would like you to consider in relation to Regulations 9,10 and 11 are:
Q14 Are these regulations appropriate? Is there a better way to strike a balance between expecting certain standards of behaviour whilst recognising that some people living in circumstances covered by the regulations will have challenging behaviour which requires to be constructively managed?
Q15 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
REGULATION 12
Regulation 12: Conduct of provider: content
40. The provider shall not act as to unreasonably prevent or restrict the occupier receiving mail, receiving visitors, accessing the telephone or accessing their personal possessions.
Regulation 12: Conduct of provider: Guidance
41. Guidance relating to the regulations may cover illustrative circumstances in which a provider may reasonably act to restrict the occupier's access to mail, visitors, phone calls or personal possession. It is likely that this will include consideration of the type and scale of accommodation and the general characteristics of the clientele. Guidance may also cover good practice in relation to receiving visitors for example.
42. The Executive is aware that there is some concern regarding the ability of providers to safeguard the security of occupiers whilst allowing visitors and it has been suggested that making provision for a visitors policy which is subject to review would be more appropriate than a general responsibility not to unreasonably prevent or restrict access to visitors. However it should be noted that the regulations only apply to individual occupancy agreements - therefore providers could have the responsibility to notify the occupier of any visitors policy but the regulations could not impose a general duty to develop such a policy.
43. The Executive is sympathetic to the concerns which have been expressed - however its current view is that these concerns can be met by the current draft which refers to unreasonable restrictions - if the provider can demonstrate that restricting visitors is reasonable then this is permissible within the scope of the regulations.
Regulation 12: Conduct of provider: questions
44. The questions we would like you to consider in relation to Regulation 12 are:
Q16 Is this regulation appropriate? Are there certain types of accommodation for which it should not apply?
Q17 Would a better approach be to ensure that every provider has to notify each occupier of its visitors policy, if it has one, and to cover in guidance what such a policy might incorporate?
Q18 In what circumstance could a provider act reasonably to restrict access by visitors, or to mail, calls or personal possessions?
Q19 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance (in particular in relation to receiving visitors)?
REGULATION 13
Regulation 13: Entry: content
45. The provider may enter the accommodation immediately with the consent of the occupier or where the provider has reasonable cause to believe that there is serious danger of damage to the accommodation or that the occupier is using the accommodation for illegal or immoral purposes or acting in such a way as to result in a serious danger to themselves or any other person. In any other case 24 hours notice is required.
Regulation 13: Entry: guidance
46. Guidance relating to the regulations may cover methods of obtaining consent, good practice relating to regular access to rooms in a hostel environment and illustrative examples of where immediate entry may be permitted without consent.
Regulation 13: Entry: questions
47. The questions we would like you to consider in relation to Regulations 13 are:
Q20: Is this regulation appropriate?
Q21: Should exemptions be considered for certain types/size of accommodation which may require to carry out daily room checks for health and safety purposes or should this be dealt with in guidance?
Q22: Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
REGULATION 14
Regulation 14: Termination of occupancy: content
48. The provider must, in normal circumstances, give a minimum period of notice before terminating occupancy rights. The current draft of the regulations proposes that this period should be linked to the length of stay. Therefore, if the occupier has been in occupancy for more than 14 days the period of notice must not be less than 5 days; if the occupier has been in occupancy for more than 28 days the period of notice must not be less than 7 days; if they have been in occupancy for more than 3 months the period of notice must not be less than 14 days; if they have been in occupancy for more than 6 months the period of notice must not be less than 28 days. Where the occupancy has lasted 14 days or less the minimum period of notice is 72 hours.
49. However, where the provider has reasonable cause to believe that the occupier represents a serious danger to other occupiers or staff of the accommodation, occupancy rights can be terminated without providing the minimum period of notice.
50. It is noted that some providers may prefer the minimum notice period to be linked to the behaviour of the occupant - however the Executive's current view is that a subjective test would not lead to greater clarity for the occupant. It should be noted that these regulations only set a minimum period - it is open to occupiers and providers to agree a longer time period if appropriate. The regulations as currently drafted do not link the termination of occupancy rights to the other specified terms or the behaviour of the occupier - such linkage could be agreed as an additional term of occupancy, as long as the minimum period is observed.
51. The provision in the regulations for earlier termination reflects the fact that section 7 of the 2001 Act states that the provision of a minimum period of notice does not prevent the earlier termination of occupancy rights in circumstances where there is a serious danger to occupiers or staff of the accommodation.
Regulation 14: Termination of occupancy: guidance
52. Guidance relating to the regulations may cover illustrative examples of linkages between conduct and termination of occupancy. It is also likely to set out good practice in relation to housing management and support issues (both in terms of providing support to individuals and in terms of good practice in group settings - e.g. regular residents' meetings, ensuring residents' views taking into account in accommodation management). The guidance is also likely to reflect the fact that accommodation providers should be working in partnership with other service providers in their area, through the local homelessness strategy and other mechanisms, to ensure that appropriate provision is in place for people whose occupancy rights have been terminated.
53. The guidance will also stress that the earlier termination of occupancy rights should only take place in extreme circumstances and should be avoided if at all possible. As stated above, the guidance may also cover illustrative examples of types of actions which may be taken to constitute a serious danger.
Regulation 14: Termination of occupancy: questions
54. The questions we would like you to consider in relation to Regulation 14 are:
Q23 Is this regulation appropriate?
Q24 Do you feel the sliding scale approach to periods of notice is too complex?
Q25 Are the time periods appropriate?
Q26 Would a more subjective test be better? If so, how should this apply?
Q27 Should the regulations set grounds for termination as well as a minimum period of notice - if so what should these be?
Q28 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
REGULATION 15
Regulation 15: Application to court: content
55. The occupier may appeal to the sheriff court in circumstances where their occupancy has been terminated without the minimum period of notice having been given on the grounds that they represented a serious danger to staff or other occupiers. If the sheriff finds that the provider did not have reasonable cause to believe the occupier represented a serious danger the sheriff may make such an order as is considered reasonable in the circumstances. The sheriff's decision is final.
Regulation 15: Application to court: guidance
56. Guidance relating to the regulations may cover alternative review mechanisms which accommodation providers may wish to put in place, in order that a court action is not the only method of review of a decision to terminate occupancy rights on serious danger grounds.
Regulation 15: Application to court: questions
57. The questions we would like you to consider in relation to Regulation 15 are:
Q29 Is this regulation appropriate?
Q30 Should the regulation be specific as to the action the court should take?
Q31 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
Regulation 16: Notification: content
58. This regulation clarifies that giving notice under the regulations means giving or delivering something in person, sent by post in a prepaid registered letter or by recorded delivery, or sent in some other manner which the sender considers likely to cause it to be delivered on the same or next day.
Regulation 16: Notification: guidance
59. Guidance relating to the regulations may cover the interpretation of 'other manner' of notification. This is likely to include corroborated delivery to a room in a hostel where this is the person's last known address.
Regulation 16: Notification: questions
60. The questions we would like you to consider in relation to Regulation 16 are:
Q32 Is this regulation appropriate?
Q33 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
FURTHER TERMS/GUIDANCE REQUIRED
61. We would be interested to know if you feel that there are further terms which should be incorporated into the regulations. It would be helpful if you can be as specific as possible in suggesting additional terms, and bear in mind that this must be applicable at the level of an individual occupancy agreement, rather than imposing general duties on providers of accommodation.
62. We would also be interested in your views as to any additional guidance which is required in order to allow providers to implement the regulations effectively.
TIMING OF IMPLEMENTATION
63. The Executive would also welcome views on the timing of implementation. In particular, it would be useful to have your views as to the time period required for providers to ensure that they can implement the regulations effectively (i.e. the time needed between the regulations being finalised and passed by Parliament and the date for them coming into force). It would also be useful to have your views as to who the regulations should apply - i.e. should they apply only to new occupancies or also to those which are already ongoing?
RESPONDING TO THIS CONSULTATION PAPER
We are inviting written responses to this consultation paper by 15 April 2005. Please send your response to:
homelessness@scotland.gov.uk
or
Robin Bate
Homelessness Team
Area 1 H (Bridge)
Victoria Quay
EDINBURGH
EH6 6QQ
If you have any queries contact Anna Donald on 0131 244 0933.
A consultation questionnaire is set out over the next few pages. It would be useful if you are able to respond using this questionnaire - if you require an electronic version please contact Robin Bate ( robin.bate@scotland.gsi.gov.uk). If you are completing the questionnaire electronically the test boxes will expand to fit the length of response. If you are completing it in hard copy please mark clearly which question you are responding to on any additional sheets of paper.
We would be grateful if you could clearly indicate in your response which questions or parts of the consultation paper you are responding to (using the consultation questionnaire if appropriate) as this will aid our analysis of the responses received.
This consultation, and all other SE consultation exercises, can be viewed online at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is.
The Scottish Executive now has an email alert system for SE consultations ( SEconsult). This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new SE consultations (including web links). SEconsult complements, but in no way replaces SE distribution lists, and is designed to allow stakeholders to keep up to date with all SE consultations activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.
Access to consultation responses
We will make all responses available to the public in the Scottish Executive Library by 30 May 2005 and on the Scottish Executive consultation web pages by the same day, unless confidentiality is requested. All responses not marked confidential will be checked for any potentially defamatory material before being logged in the library or placed on the website.
CONSULTATION/QUESTIONNAIRE/RESPONDENT INFORMATION FORM
Specified Occupancy Regulations
Q1 Are the types of occupancy covered appropriate?
Q2 Are the types of occupancy which are excluded appropriate? In particular is it appropriate to exclude leases and care services regulated by the Scottish Commission for the Regulation of Care?
Q3 Should certain classes of provider be excluded (for instance private sector/voluntary organisations)
Q4 Are there any particular areas where definitions or application could be clarified in guidance?
TERMS OF OCCUPANCY REGULATIONS
64. In responding to this consultation it would be very helpful if you were able to make specific drafting comments/amendments where possible, in relation to the terms. It should be noted that the terms set out in the regulations are to be incorporated in occupancy agreements (with only small textual amendments such as numbering). Therefore comments on terms should relate where possible to the relationship between the provider and an individual occupier, rather than more generally in relation to housing management for example (this type of issue can of course be picked up in guidance).
Regulation 4 - Written Agreement
Q5. Is this regulation appropriate?
Q6. Could the regulations themselves cater for illiterate occupiers?
Q7. What guidance would be useful in relation to this term? Do you have any examples of good practice which would be a good foundation for guidance?
Regulations 5 and 6 - Information/advice
Q8 Are these regulations appropriate?
Q9 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
Regulation 7 - Personal possessions
Q10 Is this regulation appropriate?
Q11 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
Regulation 8: condition of accommodation
Q12 Is this regulation appropriate?
Q13 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
Regulations 9, 10 and 11- Conduct of occupier
Q14 Are these regulations appropriate? Is there a better way to strike a balance between expecting certain standards of behaviour whilst recognising that some people living in circumstances covered by the regulations will have challenging behaviour which requires to be constructively managed?
Q15 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
Regulation 12 - Conduct of provider
Q16 Is this regulation appropriate? Are there certain types of accommodation for which it should not apply?
Q17 Would a better approach be to ensure that every provider has to notify each occupier of its visitors policy, if it has one, and to cover in guidance what such a policy might incorporate?
Q18 In what circumstance could a provider act reasonably to restrict access by visitors, mail, calls or personal possessions?
Q19 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance (in particular in relation to receiving visitors)?
Regulation 13 - Entry
Q20 Is this regulation appropriate?
Q21 Should exemptions be considered for certain types/size of accommodation which may require to carry out daily room checks for health and safety purposes or should this be dealt with in guidance?
Q22 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
Regulation 14 - Termination of occupancy
Q23 Is this regulation appropriate?
Q24 Do you feel the sliding scale approach to periods of notice is too complex?
Q25 Are the time periods appropriate?
Q26 Would a more subjective test be better? If so, how should this apply?
Q27 Should the regulations set grounds for termination as well as a minimum period of notice - if so what should these be?
Q28 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
Regulation 15 - application to court
Q29 Is this regulation appropriate?
Q30 Should the regulation be specific as to the action the court should take?
Q31 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
Regulation 16 - Notification
Q32 Is this regulation appropriate?
Q33 Are there particular points which should be picked up in guidance? Do you have any examples of good practice which would be a good foundation for guidance?
Further terms required
Q34 Are there areas which should be covered by the regulations which are currently omitted? If so what are these and how should a term be worded?
Development of guidance
Q35 Is there a need for further guidance on any of the areas covered by the regulations, or on areas linked to the provision of accommodation in these circumstances which are not covered by the regulations?
Q 36 Do you know of any good practice which would be a useful foundation for such guidance?
Timing of implementation
Q37 What timescale is required between finalising the content of the regulations and actual implementation?
Q38 Should the regulations apply to all occupants under a specified occupancy or only those whose occupancy began following the coming into force of the regulations?
The Scottish Executive Consultation Process
Consultation is an essential and important aspect of Scottish Executive working methods. Given the wide-ranging areas of work of the Scottish Executive, there are many varied types of consultation. However, in general Scottish Executive consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.
While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body. Consultation exercises may involve seeking views in a number of different ways, such as public meetings, focus groups or questionnaire exercises.
Typically, Scottish Executive consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisations and individuals with an interest in the area of consultation, and they are also placed on the Scottish Executive web site enabling a wider audience to access the paper and submit their responses 3. Copies of all the responses received to consultation exercises (except those where the individual or organisation requested confidentiality) are placed in the Scottish Executive library at Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone 0131 244 4552).
The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process. Depending on the nature of the consultation exercise the responses received may:
indicate the need for policy development or review
inform the development of a particular policy
help decisions to be made between alternative policy proposals
be used to finalise legislation before it is implemented
If you have any comment about how this consultation exercise has been conducted, please send them to:
Name: Laura Dolan
Address: Homelessness Team, Area 1 H(Bridge), Victoria Quay, Edinburgh, EH6 6QQ
E-mail: laura.dolan@scotland.gsi.gov.uk
DISTRIBUTION
This paper has been sent to the following organisations (* denotes e-mail distribution). If you would like a full version of this list please contact Robin Bate on 0131 244 7374.
1. LOCAL AUTHORITIES
CoSLA*
Chief Executives*
Directors of Housing*
Directors of Social Work*
RSI Contacts*
Homeless Strategy Contacts*
Legal Departments
2. HOUSING ASSOCIATIONS
3. HEALTH
NHS Health and Homelessness lead officers*
4. JUSTICE
Prison Governors
Police Chief Constables
SACRO
APEX
Families Outside
5. EXECUTIVE ADVISORY GROUPS, TASK FORCES ETC
Homelessness Monitoring Group*
6. VOLUNTARY ORGANISATIONS AND OTHERS
Voluntary organisations and Associations - including Women's Aid groups
Non Departmental Public Bodies and Public Authorities
7. PARLIAMENT
Scottish Political Parties
Scottish MEP's
Clerk of the Communities Committee
Scottish Parliament Information Centre
8. SCOTTISH EXECUTIVE*
9. COMMUNITIES SCOTLAND*
10. UNITED KINGDOM COPYRIGHT LIBRARIES
« Previous | Contents | Next »