Persons subject to immigration control

9Entitlement to housing accommodation and assistance

(1)

Each housing authority shall secure that, so far as practicable, no tenancy of, or licence to occupy, housing accommodation provided under the accommodation Part is granted to a person subject to immigration control unless he is of a class specified in an order made by the Secretary of State.

(2)

A person subject to immigration control—

(a)

shall not be eligible for accommodation or assistance under the homelessness Part; and

(b)

shall be disregarded in determining, for the purposes of that Part, whether another person—

(i)

is homeless or is threatened with homelessness; or

(ii)

has a priority need for accommodation,

unless he is of a class specified in an order made by the Secretary of State.

(3)

An order under this section—

(a)

may make different provision for different circumstances or for accommodation or assistance of different descriptions; and

(b)

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

In this section—

“the accommodation Part” and “the homelessness Part” mean respectively—

(a)

in relation to England and Wales, Parts II and III of the M1Housing Act 1985;

(b)

in relation to Scotland, Parts I and II of the M2Housing (Scotland) Act 1987;

(c)

in relation to Northern Ireland, Part II of the M3Housing (Northern Ireland) Order 1981 and Part II of the M4Housing (Northern Ireland) Order 1988;

“housing authority” means—

(a)

in relation to England and Wales, a local housing authority within the meaning of the M5Housing Act 1985;

(b)

in relation to Scotland, a local authority within the meaning of the Housing (Scotland) Act 1987;

(c)

in relation to Northern Ireland, the Northern Ireland Housing Executive;

“licence to occupy”, in relation to Scotland, means a permission or right to occupy;

“tenancy”, in relation to England and Wales, has the same meaning as it has in the Housing Act 1985.