The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000

Interpretation U.K.

2.  In this Order–

“the 1971 Act” means the Immigration Act 1971(1);

“the 1985 Act” means the Housing Act 1985(2);

F1 ...

“the 1999 Act” means the Immigration and Asylum Act 1999;

F2 ...

“asylum-seeker” means a person who is not under 18 and who made a claim for asylum which is recorded by the Secretary of State as having been made on or before 2nd April 2000 but which has not been determined;

“child in need” means a child–

(a)

who is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under Part III of the Children Act 1989(3) (local authority support for children and families);

(b)

whose health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or

(c)

who is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed by regulations made under section 17 of the Children Act 1989(4) (provision of services for children in need, their families and others);

“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;

“Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;

“designated course” means a course of any kind designated by regulations made by the Secretary of State for the purposes of paragraph 10 of Schedule 1 to the 1985 Act(5) (student lettings which are not secure tenancies);

“development” means physical, intellectual, emotional, social or behavioural development;

“educational establishment” means a university or institution which provides further education or higher education (or both); and for the purposes of this definition “further education” has the same meaning as in section 2 of the Education Act 1996(6) (definition of further education) and “higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988(7) (courses of higher education);

[F3 “the EEA Regulations” means the Immigration (European Economic Area) Regulations 2016;]

“family”, in relation to a child in need, includes any person who has parental responsibility for the child and any other person with whom he has been living;

“full-time course” means a course normally involving not less than 15 hours attendance a week in term time for the organised day-time study of a single subject or related subjects;

“health” means physical or mental health;

[F4 “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;]

“the immigration rules” means the rules laid down as mentioned in section 3(2) of the 1971 Act (general provisions for regulation and control);

F5 ...

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(8) as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(9);

[F3 “relevant person of Northern Ireland” has the meaning given in Appendix EU to the immigration rules;]

“specified education institution” means–

(a)

a university or other institution within the [F6 wider] higher education sector within the meaning of section [F7 4(4) of the Education Act 1996 (schools: general)], in respect of a university or other institution in England, or section 56(2) of the Further and Higher Education (Scotland) Act 1992(10) (interpretation of Part II), in respect of a university or other institution in Scotland;

(b)

an institution in England within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;

(c)

a college of further education in Scotland which is under the management of an education authority or which is managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992 (further education in Scotland);

(d)

a central institution in Scotland within the meaning of section 135(1) of the Education (Scotland) Act 1980(11) (interpretation);

(e)

an institution in England which provides a course qualifying for funding under Part I of the Education Act 1994(12) (teaching training);

(f)

a higher education institution in Northern Ireland within the meaning of Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993(13) (funding by Department of higher education); or

(g)

an institution of further education in Northern Ireland within the meaning of Article 3 of the Further Education (Northern Ireland) Order 1997(14) (definition of “further education”).

Textual Amendments

F1 Words in art. 2 omitted (7.8.2008) by virtue of The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2008 (S.I. 2008/1768), arts. 1, 2(2)(a)

F2 Words in art. 2 omitted (7.6.2024) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024 (S.I. 2024/647), regs. 1(1), 3(2)

F3 Words in art. 2 inserted (24.8.2020) by The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2020 (S.I. 2020/825), arts. 1, 2(2)

F4 Words in art. 2 inserted (6.4.2022) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022 (S.I. 2022/242), regs. 1(1)(b), 2(2)

F5 Words in art. 2 omitted (7.8.2008) by virtue of The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2008 (S.I. 2008/1768), arts. 1, 2(2)(b)

F6 Word in art. 2 inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 21(a)

F7 Words in art. 2 substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 21(b)

Commencement Information

I1 Art. 2 in force at 3.4.2000, see art. 1(1)

(1)

1971 c. 77.

(2)

1985 c. 68.

(3)

1989 c. 41.

(4)

See section 105(1) of the Children Act 1989 for definition of “prescribed”. Section 17 was amended by paragraph 13 of Schedule 3 to the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21), section 4 of, and paragraph 108 of Schedule 2 to, the Social Security (Consequential Provisions) Act 1992 (c. 6) and paragraph 19 of Schedule 2 to the 1995 Act.

(5)

Paragraph 10 was amended by paragraph 2 of Schedule 16 to the Housing Act 1996 (c. 52).

(6)

1996 c. 56.

(7)

1988 c. 40.

(8)

Cmnd. 9171.

(9)

Cmnd. 3906.

(10)

1992 c. 37.

(11)

1980 c. 44.

(12)

1994 c. 30.

(13)

S.I. 1993/2810 (N.I. 12).

(14)

S.I. 1997/1772 (N.I. 15).