SCHEDULEConsequential amendments
The Protection from Eviction Act 1977I11
In section 3A of the Protection from Eviction Act 197720 (excluded tenancies and licences), after subsection (7B) insert—
7C
A tenancy or licence is excluded if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.
The Housing (Northern Ireland) Order 1983I22
In Schedule 2 to the Housing (Northern Ireland) Order 198321 (tenancies which are not secure tenancies), after paragraph 3A insert—
3B for persons with Temporary Protection
A tenancy is not a secure tenancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.
The Rent (Scotland) Act 1984I33
In section 23A of the Rent (Scotland) Act 198422 (excluded tenancies and occupancy rights), after subsection (5A) insert—
5B
Nothing in section 23 of this Act applies to a tenancy or right of occupancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.
The Housing Act 1985I44
In Schedule 1 to the Housing Act 198523 (tenancies which cannot be secure tenancies), after paragraph 4A insert—
4BAccommodation for persons with Temporary Protection
A tenancy is not a secure tenancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.
The Housing (Scotland) Act 1988I55
In Schedule 4 to the Housing (Scotland) Act 198824 (tenancies which cannot be assured tenancies), after paragraph 11B insert—
11CAccommodation for persons with Temporary Protection
A tenancy granted under arrangements for the provision of accommodation for persons with temporary protection made under the Displaced Persons (Temporary Protection) Regulations 2005.
The Housing Act 1988I66
In Schedule 1 to the Housing Act 198825 (tenancies which are not assured tenancies), after paragraph 12A insert—
12BAccommodation for persons with Temporary Protection
1
A tenancy granted by a private landlord under arrangements for the provision of accommodation for persons with temporary protection made under the Displaced Persons (Temporary Protection) Regulations 2005.
2
“Private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985.
The Homelessness (England) Regulations 2000
I77
The Homelessness (England) Regulations 200026 shall be amended as follows.
I88
In regulation 3 (classes of persons subject to immigration control who are eligible for housing assistance), for paragraph (1)(i) substitute—
Class I – a person who is on an income-based jobseeker’s allowance or in receipt of income support and is eligible for that benefit other than because—
i
he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules and he is temporarily without funds because remittances to him from abroad have been disrupted; or
ii
he has been deemed by regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 to have been granted leave to enter or remain in the United Kingdom exceptionally for the purposes of the provision of means of subsistence.
I99
In regulation 3, after paragraph (3) insert—
4
In paragraph (1)(i) (Class I), “means of subsistence” has the same meaning as in regulation 4 of the Displaced Persons (Temporary Protection) Regulations 2005.
The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000
I1010
The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 200027 shall be amended as follows.
I1111
In Article 8 (homelessness – Northern Ireland), for paragraph (1)(a) substitute—
Class S – a person who is on an income-based jobseeker’s allowance or in receipt of income support and is eligible for that benefit other than because—
i
he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules and he is temporarily without funds because remittances to him from abroad have been disrupted; or
ii
he has been deemed by regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 to have been granted leave to enter or remain in the United Kingdom exceptionally for the purposes of the provision of means of subsistence.
I1212
In article 8, after paragraph (2) insert—
3
In paragraph (1)(a) (Class S), “means of subsistence” has the same meaning as in regulation 4 of the Displaced Persons (Temporary Protection) Regulations 2005.
I1313
In article 9 (homelessness – Scotland), for paragraph (1)(a) substitute—
Class U – a person who is on an income-based jobseeker’s allowance or in receipt of income support and is eligible for that benefit other than because—
i
he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules and he is temporarily without funds because remittances to him from abroad have been disrupted; or
ii
he has been deemed by regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 to have been granted leave to enter or remain in the United Kingdom exceptionally for the purposes of the provision of means of subsistence.
I1414
In article 9, after paragraph (2)(d) insert—
e
In paragraph (1)(a) (Class U), “means of subsistence” has the same meaning as in regulation 4 of the Displaced Persons (Temporary Protection) Regulations 2005.
The Housing (Scotland) Act 2001I1515
In Schedule 1 to the Housing (Scotland) Act 200128 (tenancies which are not Scottish secure tenancies), after paragraph 10 insert—
11Accommodation for persons with Temporary Protection
A tenancy is not a Scottish secure tenancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.