Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000
| Jurisdiction | UK Non-devolved |
2000 No. 706
IMMIGRATION
HOUSING, ENGLAND
HOUSING, SCOTLAND
HOUSING, NORTHERN IRELAND
The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000
Made 7th March 2000
Laid before Parliament 13th March 2000
Coming into force 3rd April 2000
In exercise of the powers conferred on him by sections 118, 119 and 166(3) of the Immigration and Asylum Act 19991, the Secretary of State hereby makes the following Order:
Citation, commencement and extent
1.—(1) This Order may be cited as the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 and shall come into force on 3rd April 2000.
(2) This Order does not extend to Wales.
(3) Article 4 extends to England only.
(4) Articles 5 and 8 extend to Northern Ireland only.
(5) Articles 6 and 9 extend to Scotland only.
(6) Article 7 extends to Scotland and Northern Ireland only.
Interpretation
2. In this Order–
“the 1971 Act” means the Immigration Act 19712;
“the 1985 Act” means the Housing Act 19853;
“the 1995 Act” means the Jobseekers Act 19954;
“the 1999 Act” means the Immigration and Asylum Act 1999;
“asylum-seeker” means a person who is not under 18 and who made a claim for asylum which is recorded by the Secretary of State as having been made on or before 2nd April 2000 but which has not been determined;
“child in need” means a child–
(a) who is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under Part III of the Children Act 19895(local authority support for children and families);
(b) whose health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
(c) who is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed by regulations made under section 17 of the Children Act 19896(provision of services for children in need, their families and others);
“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;
“Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;
“designated course” means a course of any kind designated by regulations made by the Secretary of State for the purposes of paragraph 10 of Schedule 1 to the 1985 Act7(student lettings which are not secure tenancies);
“development” means physical, intellectual, emotional, social or behavioural development;
“educational establishment” means a university or institution which provides further education or higher education (or both); and for the purposes of this definition “further education” has the same meaning as in section 2 of the Education Act 19968(definition of further education) and “higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 19889(courses of higher education);
“family”, in relation to a child in need, includes any person who has parental responsibility for the child and any other person with whom he has been living;
“full-time course” means a course normally involving not less than 15 hours attendance a week in term time for the organised day-time study of a single subject or related subjects;
“health” means physical or mental health;
“the immigration rules” means the rules laid down as mentioned in section 3(2) of the 1971 Act (general provisions for regulation and control);
“limited leave” means leave under the 1971 Act to enter or remain in the United Kingdom which is limited as to duration;
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 195110as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 196711;
“specified education institution” means–
(a) a university or other institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 199212(interpretation of Education Acts), in respect of a university or other institution in England, or section 56(2) of the Further and Higher Education (Scotland) Act 199213(interpretation of Part II), in respect of a university or other institution in Scotland;
(b) an institution in England within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;
(c) a college of further education in Scotland which is under the management of an education authority or which is managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992 (further education in Scotland);
(d) a central institution in Scotland within the meaning of section 135(1) of the Education (Scotland) Act 198014(interpretation);
(e) an institution in England which provides a course qualifying for funding under Part I of the Education Act 199415(teaching training);
(f) a higher education institution in Northern Ireland within the meaning of Article 30(3) of the Education and Libraries (Northern Ireland) Order 199316(funding by Department of higher education); or
(g) an institution of further education in Northern Ireland within the meaning of Article 3 of the Further Education (Northern Ireland) Order 199717(definition of “further education”).
Housing authority accommodation—England, Scotland and Northern Ireland
3. The following are classes of persons specified for the purposes of section 118(1) of the 1999 Act (housing authority accommodation) in respect of England, Scotland and Northern Ireland–
(a) Class A—a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention;
(b) Class B—a person–
(i) who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and
(ii) whose leave is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;
(c) Class C—a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area other than a person–
(i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;
(ii) who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and
(iii) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;
(d) Class D—a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;
(e) Class E—a person who is–
(i) a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11th December 195318or a state which has ratified the European Social Charter done at Turin on 18th October 196119;
(ii) lawfully present in the United Kingdom; and
(iii) habitually resident in the Common Travel Area;
(f) Class F—a person who is attending a full-time course at a specified education institution in a case where the housing accommodation which is or may be provided to him–
(i) is let by a housing authority to that specified education institution for the purposes of enabling that institution to provide accommodation for students attending a full-time course at that institution; and
(ii) would otherwise be difficult for that housing authority to let on terms which, in the opinion of the housing authority, are satisfactory.
Housing authority accommodation—England
4.—(1) The following are classes of persons specified for the purposes of section 118(1) of the 1999 Act in respect of England–
(a)
(a) Class G—a person who is owed a duty under section 21 of the National Assistance Act 194820(duty of local authorities to provide accommodation);
(b)
(b) Class H—a person who is either a child in need or a member of the family of a child in need;
(c)
(c) Class I—a person—
(i) who 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 Act21;
(ii) 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 199622; or
(iii) 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 the Housing Act 1996;
(d)
(d) Class J—an asylum-seeker to whom, or a dependant of an asylum-seeker to whom, a local authority is required to provide support in accordance with regulations made under Schedule 9 to the 1999 Act (asylum support: interim provisions);
(e...
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