Explanatory note

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.