Section 43: Accommodation
118.Section 43(1) amends section 99 of the Immigration and Asylum Act 1999 (“the 1999 Act”) so that local authorities may now also provide accommodation in accordance with arrangements made by the Secretary of State under section 4 of that Act, as well as in accordance with arrangements made under sections 95 and 98. Under subsection (2), which amends section 99(4), they may also incur reasonable expenditure in connection with the preparation of proposals for entering into those arrangements.
119.Subsection (3) amends section 118(1)(b) of the 1999 Act so as to ensure that where accommodation is provided by a housing authority under its housing powers, this accommodation is not granted to a person subject to immigration control unless the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under sections 4 and 98. This replicates the position in respect of housing authority accommodation provided in accordance with arrangements made under section 95.
120.Subsection (4) makes amendments in relation to housing legislation. Paragraph (a) removes entitlement to protection under the Protection from Eviction Act 1977 from persons accommodated under section 4; they can therefore be required to leave accommodation provided under section 4 without a court order having been obtained. Paragraph (b) removes those accommodated under section 4 from the ordinary creation of a secure tenancy in Northern Ireland, paragraph (d) makes the same provision in relation to England and Wales and subsections (5) and (6) make similar provision in Scotland. Paragraph (c) removes those accommodated under section 4 from Scottish legislation concerning the prohibition of eviction without due process of law. Paragraph (e) provides that the provision of accommodation under section 4 will not give rise to an assured tenancy in Scotland and paragraph (f) makes similar provision in relation to England and Wales. These amendments broadly replicate the changes made to UK housing legislation, which made provisions in relation to accommodation provided under Part VI of the 1999 Act, as contained in Schedule 14 to that Act.
121.Subsection (7) amends section 4 of the 1999 Act by inserting a power enabling the Secretary of State to make regulations which permit him to provide services or facilities as prescribed to those who are provided with accommodation under that section. The regulations, which are subject to the negative resolution procedure, may permit provision to be made by vouchers exchangeable for goods or services, may restrict the value or extent of services or facilities that will be provided but may not permit a person to be provided with money.
