- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Immigration Act 2016, Paragraph 9 is up to date with all changes known to be in force on or before 29 July 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Prospective
9U.K.After section 95 insert—
(1)The Secretary of State may provide, or arrange for the provision of, support for a person, for such period or periods as may be prescribed, if—
(a)the person is a failed asylum-seeker, or a dependant of a failed asylum-seeker,
(b)an application for support under this section is made in respect of the person which meets such requirements as may be prescribed,
(c)it appears to the Secretary of State that the person is destitute, or is likely to become destitute within such period as may be prescribed, and
(d)the person faces a genuine obstacle to leaving the United Kingdom.
(2)Subsections (3) to (8) of section 95 (meaning of “destitute”) apply for the purposes of this section as they apply for the purposes of that section.
(3)Regulations made by the Secretary of State may make provision for determining what is, or is not, to be regarded as a genuine obstacle to leaving the United Kingdom for the purposes of this section.
(4)The Secretary of State may make regulations prescribing other criteria to be used in determining—
(a)whether or not to provide support, or arrange for the provision of support, for a person under this section;
(b)whether or not to continue to provide support, or arrange for the provision of support, for a person under this section.
(5)Regulations under subsection (4) may, in particular—
(a)provide for the provision of support (or the continuation of the provision of support) to be subject to conditions;
(b)provide for the provision of support (or the continuation of the provision of support) to be a matter for the Secretary of State's discretion to a prescribed extent or in cases of a prescribed description.
(6)A condition imposed by regulations under subsection (5)(a) may, in particular, relate to any of the following—
(a)any matter relating to the use of the support provided;
(b)compliance with a condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail);
(c)the person's performance of, or participation in, community activities in accordance with arrangements made by the Secretary of State.
(7)A copy of any conditions imposed by regulations under subsection (5)(a) must be given to the supported person.
(8)For the purposes of subsection (6)(c)—
(a)“community activities” means activities that appear to the Secretary of State to be beneficial to the public or a section of the public, and
(b)the Secretary of State may, in particular—
(i)appoint one person to supervise or manage the performance of, or participation in, activities by another person;
(ii)enter into a contract (with a local authority or any other person) for the provision of services by way of making arrangements for community activities in accordance with this section;
(iii)pay, or arrange for the payment of, allowances to a person performing or participating in community activities in accordance with arrangements under this section.
(9)Regulations by virtue of subsection (6)(c) may, in particular, provide for a condition requiring the performance of, or participation in, community activities to apply to a person only if—
(a)accommodation is to be, or is being, provided for the person under this section, and
(b)the Secretary of State has made arrangements for community activities in an area that includes the place where the accommodation is to be, or is being, provided.
(10)A local authority or other person may undertake to manage or participate in arrangements for community activities in accordance with this section.
(11)The powers conferred by Schedule 8 (supplementary regulation-making powers) are exercisable with respect to the powers conferred by this section as they are exercisable with respect to the powers conferred by section 95, but with the modification in subsection (12).
(12)Paragraph 9 of Schedule 8 (notice to quit) has effect with respect to the powers conferred by this section as if sub-paragraph (2)(b) were omitted.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys