- Latest available (Revised)
- Original (As enacted)
Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004, Section 10 is up to date with all changes known to be in force on or before 29 August 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):
(1)At the end of section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum seekers, &c.) add—
“(5)The Secretary of State may make regulations specifying criteria to be used in determining—
(a)whether or not to provide accommodation, or arrange for the provision of accommodation, for a person under this section;
(b)whether or not to continue to provide accommodation, or arrange for the provision of accommodation, for a person under this section.
(6)The regulations may, in particular—
(a)provide for the continuation of the provision of accommodation for a person to be conditional upon his performance of or participation in community activities in accordance with arrangements made by the Secretary of State;
(b)provide for the continuation of the provision of accommodation to be subject to other conditions;
(c)provide for the provision of accommodation (or the continuation of the provision of accommodation) to be a matter for the Secretary of State’s discretion to a specified extent or in a specified class of case.
(7)For the purposes of subsection (6)(a)—
(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.
(8)Regulations by virtue of subsection (6)(a) may, in particular, provide for a condition requiring the performance of or participation in community activities to apply to a person only if the Secretary of State has made arrangements for community activities in an area that includes the place where accommodation is provided for the person.
(9)A local authority or other person may undertake to manage or participate in arrangements for community activities in accordance with this section.”
(2)In section 166(5) of that Act (regulations: affirmative instrument) before paragraph (a) insert—
“(za)section 4(5),”.
(3)In section 103 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers: appeal) as it has effect before the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002 (c. 41)—
(a)after subsection (2) insert—
“(2A)If the Secretary of State decides not to provide accommodation for a person under section 4, or not to continue to provide accommodation for a person under section 4, the person may appeal to an adjudicator.”, and
(b)in subsections (6) and (7) for “section 95” substitute “ section 4 or 95 ”.
(4)In section 103 of the Immigration and Asylum Act 1999 (support for asylum-seekers: appeal) as it has effect after the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002—
(a)for subsection (1) substitute—
“(1)This section applies where a person has applied for support under all or any of the following provisions—
(a)section 4,
(b)section 95, and
(c)section 17 of the Nationality, Immigration and Asylum Act 2002.”,
(b)in subsection (4)(a) for “the other provision” substitute “ another of those provisions ”, and
(c)in subsection (7) for “subsection (1)(a) or (b)” substitute “ subsection (1) ”.
(5)In section 103A of the Immigration and Asylum Act 1999 (appeal about location of support) in subsection (1) (and in the heading) for “section 95” substitute “ section 4 or 95 ”.
(6)In an amendment made by this section a reference to providing accommodation includes a reference to arranging for the provision of accommodation.
(7)Regulations under section 4(5)(b) of the Immigration and Asylum Act 1999 (c. 33) (as inserted by subsection (1) above) may apply to persons receiving support under section 4 when the regulations come into force.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: