Housing (Asylum Seekers) (Scotland) Act 2018 1

MODEL
SCOTTISH PARLIAMENT

Housing (Asylum Seekers) (Scotland) Bill

SP Bill 23

(as amended at Stage 2)

An Act of the Scottish Parliament to make provision about the housing of asylum-seekers.

1 Duty to assist in the housing of asylum-seekers

(1) The Scottish Ministers have a duty to render such assistance as they see fit to an asylum-
seeker who is for the time being located or residing in Scotland.
(2) In rendering assistance under subsection (1), the Scottish Ministers may—
(a) invite an asylum-seeker to apply to the Scottish Ministers for assistance in relation
to housing,
(b) notify a local authority in Scotland of an applicant,
(c) by virtue of section 2, obtain information about housing accommodation held by or
on behalf of a local authority in Scotland or a registered social landlord,
(d) relay the information mentioned in paragraph (c) to an applicant.
(3) Subsection (2) is without prejudice to the generality of subsection (1).
(4) The Scottish Ministers may make such arrangements with—
(a) a local authority in England and Wales,
(b) a Northern Ireland authority, or
(c) another body,
as the Scottish Ministers see fit for purposes connected with the provision of housing
accommodation or related services to an asylum-seeker (whether or not the asylum-seeker
is for the time being located or residing in Scotland).

2 Power to obtain information

The purposes mentioned in section 77(2) of the Housing (Scotland) Act 2001 (power to
obtain information) include purposes connected with a duty under this Act.

3 Power to reserve social housing

(1) The Scottish Ministers may by regulations require a relevant body to reserve, for the
purpose of the provision of housing accommodation to an asylum-seeker, a proportion of
the vacant housing accommodation held by it or on its behalf.
2 Housing (Asylum Seekers) (Scotland) Act 2018

(2) In subsection (1), a reference to a relevant body is a reference to—

(a) a local authority in Scotland, or
(b) a registered social landlord.
(3) Regulations under this section—
(a) may make different provision for different areas,
(b) may make such incidental, supplemental, consequential, transitional, transitory, or
saving provision as the Scottish Ministers consider necessary or expedient for the
purposes or in consequence of this Act, and
(c) are subject to the affirmative procedure.

4 Interpretation
(1) The definitions and provisions in section 94 of the Immigration and Asylum Act 1999
(interpretation of Part VI) apply to this Act as they apply to Part VI of that Act.
(2) In this Act, “registered social landlord” has the meaning given by section 111 of the
Housing (Scotland) Act 2001.

5 Short title and commencement

(1) The short title of this Act is the Housing (Asylum Seekers) (Scotland) Act 2018.
(2) This Act comes into force on the day after Royal Assent.