Valid from 17/11/2021
(1)Section 79 of the 1972 Act is amended as follows.
(2)In subsection (1), after “Union” insert “ or, in the case of a local authority in Wales, a qualifying foreign citizen ”.
(3)After subsection (2C) insert—
“(2D)For the purposes of this section, a person is a qualifying foreign citizen if the person—
(a)is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and
(b)either—
(i)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
(ii)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
(2E)But a person is not a qualifying foreign citizen by virtue of subsection (2D)(b)(i) if the person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).”