Scottish Government

Annex A: Section 3 of the Homelessness etc (Scotland) Act 2003

3 Statement on abolition of priority need test

(1) The Scottish Ministers must, by 31st December 2005, prepare and publish a statement setting out the measures which they and local authorities have taken, are taking and intend to take for the purpose of ensuring that local authorities can reasonably be expected to perform the duties under sections 31 and 32 of the 1987 Act as modified by section 2(1) of this Act.

(2) The statement must specify-

(a) a target date (which must be no later than 31st December 2012) for the achievement of that purpose, and

(b) interim objectives towards the achievement of that purpose.

(3) Those interim objectives may include proposals to specify, under section 25(2)(a) of the 1987 Act, further descriptions of persons as having a priority need for accommodation.

(4) 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.

(5) In preparing or modifying the statement, the Scottish Ministers must have regard to the homelessness strategies and local housing strategies prepared by local authorities under sections 1 and 89 respectively of the Housing (Scotland) Act 2001 (asp 10) ("the 2001 Act").

(6) 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.

Annex B: Households assessed as non-priority in 03/04 (as percentage of all assessments in that age range)

Annex C: 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.

The Scottish Executive encourages consultation that is thorough, effective and appropriate to the issue under consideration and the nature of the target audience. Consultation exercises take account of a wide range of factors, and no two exercises are likely to be the same.

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 issue, and they are also placed on the Scottish Executive web site enabling a wider audience to access the paper and submit their responses ³². Consultation exercises may also involve seeking views in a number of different ways, such as through public meetings, focus groups or questionnaire exercises. Copies of all the written responses received to a consultation exercise (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 4565).

All Scottish Executive consultation papers and related publications (eg analysis of response reports) can be accessed at: http://www.scotland.gov.uk/consultations.

The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process, along with a range of other available information and evidence. 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.

Final decisions on the issues under consideration will also take account of a range of other factors, including other available information and research evidence.

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.

Annex D: Distribution list

This paper has been distributed to the following groups of organisations/individuals:

Aberdeen Cyrenians

Clerk of the Scottish Parliament Communities Committee

Commission for Racial Equality

CoSLA

Disability Rights Commission

Dundee Cyrenians

Edinburgh Cyrenians

Equal Opportunities Commission

Glasgow Homelessness Network

Glasgow Simon Community

Homelessness Monitoring Group

Homelessness Monitoring Group 2012 Subgroup

Homes for Scotland

Landlord Organisations

Local Authority Chief Executives

Local Authority Directors of Finance

Local Authority Directors of Housing

Local Authority Directors of Social Work

Local Authority Leaders

Local Authority Homelessness Strategy Co-ordinators

(Scottish) Members of the European Parliament

National Rent Deposit Forum

NHS Scottish Chairs

NHS Scottish Chief Executives

Rock Trust

SACRO

Scottish Association of Citizen's Advice

Scottish Council for Single Homeless

Scottish Churches Housing Action

Scottish Federation of Housing Associations

Scottish Foyer Network

Scottish Parliament Information Centre

Scottish Social Networks Forum

Shelter Scotland

Women's Aid

Annex E: Summary of consultation questions and response form

Section 3 - Evidence base

Views are sought on the issues covered by this section of the paper; in particular:

1. What other sources of information should be considered in assessing capacity to meet need?

2. What are the main gaps in the evidence base in relation to assessing the capacity to meet need?

3. Would it be useful to re-run the pro-forma exercise at a later date and if so when? If not then what process would be helpful to inform local authority planning for 2012?

Section 4 - Coverage of the Ministerial Statement

Views are sought on the issues covered by this section of the paper; in particular:

4. Are there other policy areas which are relevant to the 2012 target which should be considered? What are the priorities?

5. Are there specific actions which would contribute to the 2012 target which the statement should contain? In particular are additional actions required to ensure homelessness is prevented, and sustainable solutions achieved for homeless people and local communities?

6. What are the barriers to diverse housing outcomes for homeless people and how can these be overcome?

7. Could existing funding streams be used more effectively to prevent and tackle homelessness? How could this be done?

Section 5 - Monitoring and interim objectives

Views are sought on the issues covered by this section of the paper; in particular:

8. How should capacity be measured and is it possible to set relevant benchmarks?

9. Should local authorities be required to report against a broader set of targets?

10. Would it be useful to resubmit homelessness strategies following the publication of the statement?

11. Should the statement contain an interim objective in relation to the abolition of the priority need test or is this precluded by the current position?

12. If an interim objective on the abolition of the priority need test is incorporated, how should it be framed?

13. What other interim objectives should be set?

Annex F: Respondent information form