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

In this Order–

• “the 1971 Act” means the Immigration Act 19712;

• “the 1985 Act” means the Housing Act 19853;

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

• “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–

  1. 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 19895 (local authority support for children and families);

  2. b

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

  3. 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 19896 (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 Act7 (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 19968 (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 19889 (courses of higher education);

• “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;

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

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• “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 195110 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 196711;

• “specified education institution” means–

  1. a

     a university or other institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 199212 (interpretation of Education Acts), in respect of a university or other institution in England, or section 56(2) of the Further and Higher Education (Scotland) Act 199213 (interpretation of Part II), in respect of a university or other institution in Scotland;

  2. 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;

  3. 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);

  4. d

     a central institution in Scotland within the meaning of section 135(1) of the Education (Scotland) Act 198014 (interpretation);

  5. e

     an institution in England which provides a course qualifying for funding under Part I of the Education Act 199415 (teaching training);

  6. f

     a higher education institution in Northern Ireland within the meaning of Article 30(3) of the Education and Libraries (Northern Ireland) Order 199316 (funding by Department of higher education); or

  7. g

     an institution of further education in Northern Ireland within the meaning of Article 3 of the Further Education (Northern Ireland) Order 199717 (definition of “further education”).