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Nationality, Immigration and Asylum Act 2002

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Changes over time for: Cross Heading: Exceptions

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Version Superseded: 22/04/2011

Status:

Point in time view as at 08/01/2003.

Changes to legislation:

Nationality, Immigration and Asylum Act 2002, Cross Heading: Exceptions is up to date with all changes known to be in force on or before 20 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

ExceptionsU.K.

2(1)Paragraph 1 does not prevent the provision of support or assistance—U.K.

(a)to a British citizen, or

(b)to a child, or

(c)under or by virtue of regulations made under paragraph 8, 9 or 10 below, or

(d)in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1, or

(e)in circumstances in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.

(2)Regulations under sub-paragraph (1)(d) may confer a discretion on the Secretary of State.

(3)Regulations under sub-paragraph (1)(e) may, in particular, disapply paragraph 1 to the provision of support or assistance by a local authority to a person where the authority—

(a)has taken steps in accordance with guidance issued by the Secretary of State to determine whether paragraph 1 would (but for the regulations) apply to the person, and

(b)has concluded on the basis of those steps that there is no reason to believe that paragraph 1 would apply.

(4)Regulations under sub-paragraph (1)(d) or (e) may confer a discretion on an authority.

(5)A local authority which is considering whether to give support or assistance to a person under a provision listed in paragraph 1(1) shall act in accordance with any relevant guidance issued by the Secretary of State under sub-paragraph (3)(a).

(6)A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(d) or (e), except in a case for which the regulations provide otherwise.

Commencement Information

I1Sch. 3 para. 2 wholly in force at 8.1.2003; Sch. 3 para. 2 not in force at Royal Assent see s. 162(2); Sch. 3 para. 2 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

3U.K.Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—

(a)a person’s Convention rights, or

(b)a person’s rights under the Community Treaties.

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