Housing (Scotland) Act 2001

89 Local housing strategies S

(1) A local authority must, when required to do so by the Scottish Ministers—

(a) carry out an assessment in accordance with subsection (2), and

(b) prepare, in accordance with subsection (4), and submit to the Scottish Ministers, a strategy (a “local housing strategy”).

(2) The assessment referred to in subsection (1) must, in relation to the period specified in the requirement, assess housing provision and the provision of related services in the authority’s area, including in particular—

(a) the nature and condition of the housing stock,

(b) the needs of persons in the area for housing accommodation,

(c) the demand for, and availability of, housing accommodation,

(d) the needs of persons in the area for, and the availability of, housing accommodation designed or adapted for persons with special needs, and

(e) any other matter specified in the requirement.

(3) In carrying out the assessment, the authority must have regard to the long-term supply of appropriately trained construction and maintenance labour within its area.

(4) The local housing strategy must set out the authority’s policy for—

(a) exercising its functions, and

(b) co-ordinating the exercise of those functions and the functions and activities of registered social landlords and other persons concerned (in whatever way) with housing provision and the provision of related services,

with a view to accomplishing the purpose set out in subsection (5).

(5) That purpose is the provision, in the period specified in the requirement, of housing and related services in a manner which—

[F1 (za) improves the standard of housing in the authority's area,]

(a) is economic, efficient and effective, and

(b) ensures, so far as reasonably practicable, that persons do not live in fuel poverty.

[F2 (5A) The local housing strategy must, in particular, set out—

(a) a strategy for ensuring compliance with section 85(1) (duty to close, demolish or improve houses which do not meet the tolerable standard) of the Housing (Scotland) Act 1987 (c. 26),

(b) the authority's policy for identifying parts of its area for designation under section 1 (housing renewal areas) of the Housing (Scotland) Act 2006 (asp 1),

(c) a strategy for improving the condition of houses by providing or arranging for the provision of assistance under Part 2 of the Housing (Scotland) Act 2006 (asp 1).]

(6) A requirement under subsection (1)—

(a) must specify the period in relation to which the assessment is to be carried out and the strategy prepared and submitted,

(b) may make provision as to—

(i) the procedure to be followed in carrying out the assessment and preparing the strategy,

(ii) the time by which the strategy is to be submitted to the Scottish Ministers,

(iii) the form of the strategy and the matters which it is to include,

(iv) the consultation to be carried out by the local authority on its proposed strategy,

(v) the documents and information relating to the strategy and its preparation which are to be submitted to the Scottish Ministers.

(7) Without prejudice to subsection (6)(b), the strategy must state how the local authority is to comply with its duty under section 106 so far as relating to the matters included in the strategy.

(8) A local authority must provide a copy of its local housing strategy to any person who requests it.

(9) Two or more local authorities subject to a requirement under subsection (1) may, with the consent of the Scottish Ministers, exercise their functions under this section jointly in relation to their combined areas.

(10) The Scottish Ministers must exercise their power under subsection (1) so as to ensure that every local government area is included in a local housing strategy.

(11) A local authority—

(a) must provide the Scottish Ministers with such information as they may require, in such form and at such times as they may require, about the authority’s implementation of its local housing strategy,

(b) must keep its strategy under review,

(c) may from time to time, after consultation with such persons as it thinks fit, modify its strategy, and

(d) must submit any such modified strategy to the Scottish Ministers.

Textual Amendments

F1 S. 89(5)(za) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), ss. 10(a), 195(3) (with s. 193); S.S.I. 2009/122, art. 3

F2 S. 89(5A) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), ss. 10(b), 195(3) (with s. 193); S.S.I. 2009/122, art. 3

Commencement Information

I1 S. 89 wholly in force at 1.11.2001, see s. 113 and S.S.I. 2001/397, art. 2(2), Sch. (subject to transitional provisions in arts. 3-6)