The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006

Persons treated as occupying premises as their only or main residence for the purposes of section 254 of the Act E+W

5.—(1) A person is to be treated as occupying a building or part of a building as that person’s only or main residence for the purposes of section 254 of the Act if the person is—

(a) a migrant worker or a seasonal worker—

(i) whose occupation of the building or part is made partly in consideration of the person’s employment within the United Kingdom, whether or not other charges are payable in respect of that occupation; and

(ii) where the building or part is provided by, or on behalf of, the person’s employer or an agent or employee of the person’s employer; or

(b) an asylum seeker or a dependent of an asylum seeker who has been provided with accommodation under section 95 of the Immigration and Asylum Act 1999(1) and which is funded partly or wholly by the National Asylum Support Service(2).

(2) In this regulation—

[F1 (a) “a migrant worker” (“gweithiwr mudol”) is—

(i) a person who has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules and who has taken up activity in the United Kingdom as an employed person;

(ii) a person who has a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not a British citizen, for entry into the United Kingdom for the purpose of taking employment;

(iii) a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;]

[F2 (ab) “residence scheme immigration rules” (“rheolau mewnfudo'r cynllun preswylio”) has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020;]

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) “seasonal worker” (“gweithiwr tymhorol”) means a person who carries out for an employer or undertakes employment of a seasonal character—

(i) the nature of which depends on the cycle of the seasons and recurs automatically each year; and

(ii) the duration of which does not exceed eight months;

(e) “immigration rules” (“rheolau mewnfudo”) means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971(3); and

(f) “asylum seeker” (“ceisiwr lloches”) has the meaning given to that expression in section 94 of the Immigration and Asylum Act 1999.

Textual Amendments

F1 Reg. 5(2)(a) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 70(2)(a)(i)

F2 Reg. 5(2)(ab) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 70(2)(a)(ii)

F3 Reg. 5(2)(b)(c) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 70(2)(a)(iii)

Commencement Information

I1 Reg. 5 in force at 30.6.2006, see reg. 1(1)

(1)

1999 c. 33.

(2)

The National Asylum Support Service is a department within the Home Office.

(3)

1971 c. 77.