The Housing Accommodation (Persons subject to Immigration Control) (Amendment) (England) Order 1999

Statutory Instruments

1999 No. 3057

HOUSING, ENGLAND

IMMIGRATION, ENGLAND

The Housing Accommodation (Persons subject to Immigration Control) (Amendment) (England) Order 1999

Made

15th November 1999

Laid before Parliament

15th November 1999

Coming into force

6th December 1999

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred upon him by section 9 of the Asylum and Immigration Act 1996(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Housing Accommodation (Persons subject to Immigration Control) (Amendment) (England) Order 1999 and shall come into force on 6th December 1999.

(2) This Order extends to England only.

Asylum-seekers

2.  In the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996(2), in article 3 (classes specified under section 9(1)), at the end, there shall be added—

• “Class DG—an asylum-seeker to whom, or a dependant of an asylum-seeker to whom, a local authority is required to provide support in accordance with regulations made under Schedule 9 to the Immigration and Asylum Act 1999(3).”.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Nick Raynsford

Minister of State,

Department of the Environment, Transport and the Regions

15th November 1999

Explanatory Note

(This note is not part of the Order)

Section 9(1) of the Asylum and Immigration Act 1996 requires a local housing authority, so far as practicable, to secure that no tenancy of, or licence to occupy, housing accommodation provided under Part II of the Housing Act 1985 (provision of housing accommodation), other than accommodation allocated under Part VI of the Housing Act 1996 (allocation of housing accommodation), 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.

This Order specifies, for the purposes of that section, asylum-seekers to whom, or their dependants to whom, a local authority is required to provide support in accordance with regulations made under Schedule 9 to the Immigration and Asylum Act 1999.

This Order extends to England only.

(1)

1996 c. 49. Section 9, in so far as it extends to England and Wales, was amended by paragraph 3 of Schedule 16, and Parts VII and VIII of Schedule 19, to the Housing Act 1996 (c. 52). See also section 231(4)(c) of the Housing Act 1996 (extent). The Secretary of State can exercise the power under section 9 in relation to England, Scotland and Northern Ireland but not Wales: see article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(2)

S.I. 1996/1982; the relevant amending instrument is S.I. 1998/139. S.I. 1996/1982 extends to England, Wales and Scotland only. S.I. 1998/139 extends to England and Wales only.

(3)

1999 c. 33.