SCHEDULEConsequential amendments

The Protection from Eviction Act 1977

1.

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.”.

Annotations:
Commencement Information

I1Sch. para. 1 in force at 15.6.2005, see reg. 1

The Housing (Northern Ireland) Order 1983

2.

In Schedule 2 to the Housing (Northern Ireland) Order 198321 (tenancies which are not secure tenancies), after paragraph 3A insert—

“ for persons with Temporary Protection

3B.

A tenancy is not a secure tenancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.”

Annotations:
Commencement Information

I2Sch. para. 2 in force at 15.6.2005, see reg. 1

The Rent (Scotland) Act 1984

3.

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.”

Annotations:
Commencement Information

I3Sch. para. 3 in force at 15.6.2005, see reg. 1

The Housing Act 1985

4.

In Schedule 1 to the Housing Act 198523 (tenancies which cannot be secure tenancies), after paragraph 4A insert—

“Accommodation for persons with Temporary Protection

4B.

A tenancy is not a secure tenancy if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.”

Annotations:
Commencement Information

I4Sch. para. 4 in force at 15.6.2005, see reg. 1

The Housing (Scotland) Act 1988

5.

In Schedule 4 to the Housing (Scotland) Act 198824 (tenancies which cannot be assured tenancies), after paragraph 11B insert—

“Accommodation for persons with Temporary Protection

11C.

A tenancy granted under arrangements for the provision of accommodation for persons with temporary protection made under the Displaced Persons (Temporary Protection) Regulations 2005.”

Annotations:
Commencement Information

I5Sch. para. 5 in force at 15.6.2005, see reg. 1

The Housing Act 1988

6.

In Schedule 1 to the Housing Act 198825 (tenancies which are not assured tenancies), after paragraph 12A insert—

“Accommodation for persons with Temporary Protection

12B.

(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.”

Annotations:
Commencement Information

I6Sch. para. 6 in force at 15.6.2005, see reg. 1

The Homelessness (England) Regulations 2000

7.

The Homelessness (England) Regulations 200026 shall be amended as follows.
Annotations:
Commencement Information

I7Sch. para. 7 in force at 15.6.2005, see reg. 1

8.

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.”.

Annotations:
Commencement Information

I8Sch. para. 8 in force at 15.6.2005, see reg. 1

9.

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.”.

Annotations:
Commencement Information

I9Sch. para. 9 in force at 15.6.2005, see reg. 1

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

10.

The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 200027 shall be amended as follows.
Annotations:
Commencement Information

I10Sch. para. 10 in force at 15.6.2005, see reg. 1

11.

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.”.

Annotations:
Commencement Information

I11Sch. para. 11 in force at 15.6.2005, see reg. 1

12.

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.”.

Annotations:
Commencement Information

I12Sch. para. 12 in force at 15.6.2005, see reg. 1

13.

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.”.

Annotations:
Commencement Information

I13Sch. para. 13 in force at 15.6.2005, see reg. 1

14.

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.”.

Annotations:
Commencement Information

I14Sch. para. 14 in force at 15.6.2005, see reg. 1

The Housing (Scotland) Act 2001

15.

In Schedule 1 to the Housing (Scotland) Act 200128 (tenancies which are not Scottish secure tenancies), after paragraph 10 insert—

“Accommodation for persons with Temporary Protection

11.

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.”.

Annotations:
Commencement Information

I15Sch. para. 15 in force at 15.6.2005, see reg. 1

Tony McNulty
Minister of State

Home Office