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CONSULTATION ON REGULATIONS UNDER SECTION 7 OF THE HOUSING (SCOTLAND) ACT 2001: Rights and responsibilities in temporary accommodation
ANNEX B
Scottish Statutory Instruments
2005 No.
HOUSING
The Specified Occupancy of Residential Accommodation (Scotland) Regulations 2005
Made | - | 2005 |
Laid before the Scottish Parliament | - | 2005 |
Coming into force | - | 2005 |
The Scottish Ministers, in exercise of the powers conferred on them by sections 7(1) and 109(2) of the Housing (Scotland) Act 2001( 4) and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Specified Occupancy of Residential Accommodation (Scotland) Regulations 2005 and shall come into force on [ ]2005.
Interpretation
2. In these Regulations-
"the 1987 Act" means the Housing (Scotland) Act 1987( 5);
"the 1988 Act" means the Housing (Scotland) Act 1988( 6);
"the 2001 Act" means the Housing (Scotland) Act 2001;
"assured tenancy" has the same meaning as in Part II of the 1988 Act;
"hostel" has the meaning assigned to it by section 111 of the 2001 Act;
"prison" includes a remand centre provided under paragraph (a) of subsection (1) of section 19 of the Prisons (Scotland) Act 1989( 7) and a young offenders institution provided under paragraph (b) of that subsection;
"short assured tenancy" has the same meaning as in Part II of the 1988 Act;
"women's refuge" means 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-
(a) physical violence or mental abuse; or
(b) threats of such violence or abuse,
from a person to whom they are or were married or with whom they are or were co-habiting.
Specified occupancy of residential accommodation
3. - 1. The descriptions of occupancy of residential accommodation specified in paragraph 2 of this regulation are hereby specified for the purposes of section 7 of the 2001 Act save where such occupancy is specified in regulation 4.
(2) (a) occupancy arising from fulfilment of a duty by a local authority to make available accommodation in terms of sections 29, 31(2), 31(2B)(b)(i), 31(3), 34(1) or 34(2) of the 1987 Act;
(b) occupancy for a term of less than 6 months to a person-
(i) who is under supervision in pursuance of the functions of a local authority under paragraph (b)(i), (ii) or (vi) of subsection (1) of section 27 (supervision and care of persons on probation, released from prison etc.) of the Social Work (Scotland) Act 1968( 8), or
(ii) who has requested, in accordance with paragraph (c) of that subsection, the provision of advice, guidance or assistance by a local authority in pursuance of the authority's functions under that paragraph;
(c) occupancy in a hostel;
(d) occupancy in a women's refuge.
Occupancy of residential accommodation not specified
4. - 2. The descriptions of occupancy of residential accommodation specified in regulation 3 exclude occupancy of residential accommodation in terms of paragraph 2 of this regulation.
(2) (a) as heritable proprietor;
(b) secured by a lease;
(c) secured by-
(i) a Scottish secure tenancy or what would be a Scottish secure tenancy but for paragraphs 1, 2, 3 or 8 of schedule 1 to the 2001 Act;
(ii) a short Scottish secure tenancy;
(iii) an assured tenancy or what would be an assured tenancy but for paragraphs 7 or 8 of Schedule 4 to the 1988 Act;
(iv) a short assured tenancy;
(d) occupied by a religious order whose principal occupation is prayer, contemplation, education or the relief of suffering;
(e) which is provided as part of-
(i) a care home service (as defined in subsection (3) of section 2 of the Regulation of Care (Scotland) Act 2001( 9));
(ii) a school care accommodation service (as defined in subsection (4) of that section);
(iii) an independent health care service (as defined in subsection (5) of that section);
(iv) a secure accommodation service (as defined in subsection (9) of that section);
registered under that Act;
(f) not as the occupier's only or main residence;
(g) provided by the Secretary of State for Defence, as heritable proprietor, for armed forces personnel;
(h) where the residential accommodation constitutes, or forms part of, a prison.
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