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The Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Amendment) Order 1998

S.I. 1998/139 · Made 26 January 1998

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOUSING, ENGLAND AND WALES

Made 26th January 1998

Laid before Parliament 27th January 1998

Coming into force 4th February 1998

The Secretary of State, in exercise of the powers conferred on him by section 9(1) of the Asylum and Immigration Act 1996f1, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1996 c. 49; section 9, in so far as it extends to England and Wales, was amended by paragraph 3 of Schedule 16 and Parts VII and VIII of Schedule 19 to the Housing Act 1996 (c. 52). See also section 231(4)(c) of the 1996 Act (extent).

Contents

  1. 1Citation, commencement, extent and interpretation
  2. 2Amendment of article 2 of the 1996 Order
  3. 3Amendment of article 3 of the 1996 Order
  4. Signature
  5. Explanatory note

1Citation, commencement, extent and interpretation

(1)

This Order may be cited as the Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Amendment) Order 1998 and shall come into force on 4th February 1998.

(2)

This Order does not extend to Scotland.

(3)

In this Order, “the 1996 Order” means the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996f1.

2Amendment of article 2 of the 1996 Order

(1)

Article 2 of the 1996 Order (interpretation) is amended as follows.

(2)

After the definition of “the 1971 Act”, insert—

  • ““the 1985 Act” means the Housing Act 1985f1;

  • “asylum-seeker” means a person who has made a claim for asylum which—

    1. (a)

      has been recorded by the Secretary of State as having been made; and

    2. (b)

      has not been recorded by the Secretary of State as having been finally determined or abandoned;

  • “child in need” has the same meaning as in section 17 of the Children Act 1989f2 (provision of services for children in need, their families and others);”.

(3)

After the definition of “the Convention”, insert—

  • ““family” has the same meaning as in section 17 of the Children Act 1989;”.

3Amendment of article 3 of the 1996 Order

In the 1996 Order, at the end of article 3 (classes specified under section 9(1)), add—

  • “Class DA—an asylum-seeker who is owed a duty under section 21 of the National Assistance Act 1948f1 (duty of local authorities to provide accommodation);

  • Class DB—an asylum-seeker who is a child in need or a member of the family of such a child;

  • Class DC—a person who—

    1. (i)

      is owed a duty under section 63(1) (interim duty to accommodate in case of apparent priority need), 65(2) or (3) (duties to persons found to be homeless) or 68(1) or (2) (duties to persons whose applications are referred) of the 1985 Actf2; and

    2. (ii)

      falls within Class E or F specified in article 4 of this Order;

  • Class DD—a person—

    1. (i)

      who is owed a duty under section 188(1) (interim duty to accommodate in case of apparent priority need), 190(2) (duties to persons becoming homeless intentionally), 193(2) (duty to persons with priority need who are not homeless intentionally), 195(2) (duties in case of threatened homelessness) or 200(1), (3) or (4) (duties to applicant whose case is considered for referral or referred) of the Housing Act 1996; or

    2. (ii)

      in respect of whom a local housing authority are exercising their power under section 194(1) (power exercisable after minimum period of duty under section 193) of that Act,

    and who falls within Class B, C, D or H prescribed in regulation 3 of the Homelessness Regulations 1996f3;

  • Class DE—a person who is—

    1. (i)

      a national of a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) or a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961)f4; and

    2. (ii)

      habitually resident in the Common Travel Area;

  • Class DF—a person who has a secure tenancy within the meaning of section 79 of the 1985 Act.”.

Signature

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

26th January 1998

Explanatory note

(This note is not part of the Order)

Section 9(1) of the Asylum and Immigration Act 1996 requires a local housing authority, so far as practicable, to secure that no tenancy of, or licence to occupy, housing accommodation provided under Part II of the Housing Act 1985 (provision of housing accommodation), other than accommodation allocated under Part VI of the Housing Act 1996 (allocation of housing accommodation), is granted to a person subject to immigration control unless he is of a class specified in an order made by the Secretary of State.

This Order amends the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996 by specifying six additional classes of persons under section 9(1). The additional classes are—

  • Class DA—asylum-seekers owed a duty under section 21 of the National Assistance Act 1948 (duty of local authorities to provide accommodation);

  • Class DB—asylum-seekers who are children in need or members of the family of such children;

  • Class DC—asylum-seekers owed a duty under Part III of the Housing Act 1985 (homelessness);

  • Class DD—asylum-seekers and persons on income support or jobseeker’s allowance owed a duty under Part VII of the Housing Act 1996 (homelessness);

  • Class DE—persons who are nationals of states which are signatories to the European Convention on Social and Medical Assistance or the Council of Europe Social Charter and are habitually resident in the Common Travel Area; and

  • Class DF—persons who have secure tenancies.