Nationality, Immigration and Asylum Act 2002

• Citation: 2002 c. 41
• Sections: 296

Section 1 Naturalisation: knowledge of language and society

(1) The following shall be inserted after the word “and” after paragraph 1(1)(c) of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation)—

(ca) that he has sufficient knowledge about life in the United Kingdom; and

(2) In paragraph 2(e) of that Schedule (waiver)—

(a) for “the requirement specified in paragraph 1(1)(c)” there shall be substituted “ either or both of the requirements specified in paragraph 1(1)(c) and (ca) ” , and

(b) for “expect him to fulfil it” there shall be substituted “ expect him to fulfil that requirement or those requirements ” .

(3) The following shall be inserted after section 41(1)(b) of that Act (regulations)—

(ba) for determining whether a person has sufficient knowledge of a language for the purpose of an application for naturalisation;

(bb) for determining whether a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation;

(4) The following shall be inserted after section 41(1) of that Act—

(1A) Regulations under subsection (1)(ba) or (bb) may, in particular—

(a) make provision by reference to possession of a specified qualification;

(b) make provision by reference to possession of a qualification of a specified kind;

(c) make provision by reference to attendance on a specified course;

(d) make provision by reference to attendance on a course of a specified kind;

(e) make provision by reference to a specified level of achievement;

(f) enable a person designated by the Secretary of State to determine sufficiency of knowledge in specified circumstances;

(g) enable the Secretary of State to accept a qualification of a specified kind as evidence of sufficient knowledge of a language.

Section 2 Naturalisation: spouse of citizen

(1) Paragraphs 3 and 4 of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation as British citizen: spouse of citizen) shall be amended as follows—

(a) in paragraph 3(e) for “requirement specified in paragraph 1(1)(b)” substitute “ requirements specified in paragraph 1(1)(b), (c) and (ca) ” , and

(b) in paragraph 4(c) omit“and (e)”.

(2) Paragraphs 7 and 8 of that Schedule (requirements for naturalisation as British overseas territories citizen: spouse of citizen) shall be amended as follows—

(a) in paragraph 7(e) for “requirement specified in paragraph 5(1)(b)” substitute “ requirements specified in paragraph 5(1)(b) and (c) ” , and

(b) in paragraph 8(c) omit“and (e)”.

Section 3 Citizenship ceremony, oath and pledge

Schedule 1 (which makes provision about citizenship ceremonies, oaths and pledges) shall have effect.

Section 4 Deprivation of citizenship

(1) The following shall be substituted for section 40 of the British Nationality Act 1981 (deprivation of citizenship)—

Deprivation of citizenship

(40)

(1) In this section a reference to a person’s “ citizenship status ” is a reference to his status as—

(a) a British citizen,

(b) a British overseas territories citizen,

(c) a British Overseas citizen,

(d) a British National (Overseas),

(e) a British protected person, or

(f) a British subject.

(2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that the person has done anything seriously prejudicial to the vital interests of—

(a) the United Kingdom, or

(b) a British overseas territory.

(3) The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

(a) fraud,

(b) false representation, or

(c) concealment of a material fact.

(4) The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.

(5) Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying—

(a) that the Secretary of State has decided to make an order,

(b) the reasons for the order, and

(c) the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68).

(6) Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

(a) fraud,

(b) false representation, or

(c) concealment of a material fact.

Deprivation of citizenship: appeal

(40A)

(1) A person who is given notice under section 40(5) of a decision to make an order in respect of him under section 40 may appeal against the decision to an adjudicator appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal).

(2) Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—

(a) in the interests of national security,

(b) in the interests of the relationship between the United Kingdom and another country, or

(c) otherwise in the public interest.

(3) A party to an appeal to an adjudicator under subsection (1) may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law.

(4) A party to an appeal to the Immigration Appeal Tribunal under subsection (3) may bring a further appeal on a point of law—

(a) where the decision of the adjudicator was made in Scotland, to the Court of Session, or

(b) in any other case, to the Court of Appeal.

(5) An appeal under subsection (4) may be brought only with the permission of—

(a) the Tribunal, or

(b) if the Tribunal refuses permission, the court referred to in subsection (4)(a) or (b).

(6) An order under section 40 may not be made in respect of a person while an appeal under this section or section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68)—

(a) has been instituted and has not yet been finally determined, withdrawn or abandoned, or

(b) could be brought (ignoring any possibility of an appeal out of time with permission).

(7) Rules under section 106 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal: rules) may make provision about an appeal under this section.

(8) Directions under section 107 of that Act (practice directions) may make provision about an appeal under this section.

(2) The following shall be inserted before section 3 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: bail)—

(2B) A person may appeal to the Special Immigration Appeals Commission against a decision to make an order under section 40 of the British Nationality Act 1981 (c. 61) (deprivation of citizenship) if he is not entitled to appeal under section 40A(1) of that Act because of a certificate under section 40A(2).

(3) In section 5(1)(a) and (b) and (2) of that Act (procedure) after “section 2” there shall be inserted “ or 2B ” .

(4) In exercising a power under section 40 of the British Nationality Act 1981 after the commencement of subsection (1) above the Secretary of State may have regard to anything which—

(a) occurred before commencement, and

(b) he could have relied on (whether on its own or with other matters) in making an order under section 40 before commencement.

Section 5 Resumption of citizenship

In the following provisions of the British Nationality Act 1981 (c. 61) the words “, if a woman,” shall cease to have effect—

(a) section 10(1) and (2)(registration as British citizen following renunciation of citizenship), and

(b) section 22(1) and (2)(registration as British overseas territories citizen following renunciation of citizenship).

Section 6 Nationality decision: discrimination

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Section 7 Nationality decision: reasons and review

(1) Section 44(2) and (3) of the British Nationality Act 1981 (c. 61) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.

(2) Section 1(5) of the British Nationality (Hong Kong) Act 1990 (c. 34) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.

Section 8 Citizenship: registration

In paragraph 3(1)(b) of Schedule 2 to the British Nationality Act 1981 (application by person born in United Kingdom or overseas territory for registration as citizen: age requirement) the words “had attained the age of ten but” shall cease to have effect.

Section 9 Legitimacy of child

(1) The following shall be substituted for section 50(9) of the British Nationality Act 1981 (interpretation: child)—

(9) For the purposes of this Act a child’s mother is the woman who gives birth to the child.

(9A) For the purposes of this Act a child’s father is—

(a) the husband, at the time of the child’s birth, of the woman who gives birth to the child, or

(b) where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (father), that person, or

(c) where neither paragraph (a) nor paragraph (b) applies, any person who satisfies prescribed requirements as to proof of paternity.

(9B) In subsection (9A)(c) “ prescribed ” means prescribed by regulations of the Secretary of State; and the regulations—

(a) may confer a function (which may be a discretionary function) on the Secretary of State or another person,

(b) may make provision which applies generally or only in specified circumstances,

(c) may make different provision for different circumstances,

(d) must be made by statutory instrument, and

(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9C) The expressions “ parent ”, “ child ” and “ descended ” shall be construed in accordance with subsections (9) and (9A).

(2) In section 3(6) of that Act (registration of minor as British citizen)—

(a) after paragraph (a) insert “ and ” ,

(b) the word “and” after paragraph (b) shall cease to have effect, and

(c) paragraph (c) (illegitimate child) shall cease to have effect.

(3) In section 17(6) of that Act (registration of minor as British overseas territories citizen)—

(a) after paragraph (a) insert “ and ” ,

(b) the word“and” after paragraph (b) shall cease to have effect, and

(c) paragraph (c)(illegitimate child) shall cease to have effect.

(4) Section 47 of that Act (legitimated children) shall cease to have effect.

(5) In Schedule 2 to that Act (persons otherwise stateless)—

(a) in paragraph 1(1)(b) (person born in United Kingdom), the words “he is born legitimate and” shall cease to have effect, and

(b) in paragraph 2(1)(b) (person born in British overseas territory), the words “he is born legitimate and” shall cease to have effect.

Section 10 Right of abode: certificate of entitlement

(1) The Secretary of State may by regulations make provision for the issue to a person of a certificate that he has the right of abode in the United Kingdom.

(2) The regulations may, in particular—

(a) specify to whom an application must be made;

(b) specify the place (which may be outside the United Kingdom) to which an application must be sent;

(c) provide that an application must be accompanied by specified information;

(d) provide that an application must be accompanied by specified documents;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) specify the consequences of failure to comply with a requirement under any of paragraphs (a) to (d) above;

(g) provide for a certificate to cease to have effect after a period of time specified in or determined in accordance with the regulations;

(h) make provision about the revocation of a certificate.

(3) The regulations may—

(a) make provision which applies generally or only in specified cases or circumstances;

(b) make different provision for different purposes;

(c) include consequential, incidental or transitional provision.

(4) The regulations—

(a) must be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The Immigration Act 1971 (c. 77) shall be amended as follows—

(a) in section 3(9)(b) (proof of entitlement to right of abode) the words “issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode” shall cease to have effect, and

(b) in section 33(1) for the definition of “certificate of entitlement” substitute—

“ certificate of entitlement ” means a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom;

(6) Regulations under this section may, in particular, include provision saving, with or without modification, the effect of a certificate which—

(a) is issued before the regulations come into force, and

(b) is a certificate of entitlement for the purposes of sections 3(9) and 33(1) of the Immigration Act 1971 as those sections have effect before the commencement of subsection (5) above.

Section 11 Unlawful presence in United Kingdom

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Section 12 British citizenship: registration of certain persons without other citizenship

(1) The following shall be inserted after section 4A of the British Nationality Act 1981 (c. 61) (registration as British citizen)—

Acquisition by registration: certain persons without other citizenship

(4B)

(1) This section applies to a person who has the status of—

(a) British Overseas citizen,

(b) British subject under this Act, or

(c) British protected person.

(2) A person to whom this section applies shall be entitled to be registered as a British citizen if—

(a) he applies for registration under this section,

(b) the Secretary of State is satisfied that the person does not have, apart from the status mentioned in subsection (1), any citizenship or nationality, and

(c) the Secretary of State is satisfied that the person has not after 4th July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality.

(2) In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) for “section 5” there shall be substituted “ section 4B or 5 ” .

Section 13 British citizenship: registration of certain persons born between 1961 and 1983

(1) The following shall be inserted after section 4B of the British Nationality Act 1981 (registration as British citizen)—

Acquisition by registration: certain persons born between 1961 and 1983

(4C)

(1) A person is entitled to be registered as a British citizen if—

(a) he applies for registration under this section, and

(b) he satisfies each of the following conditions.

(2) The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983.

(3) The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948 (c. 56) if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father.

(4) The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.

(2) In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) after the words “section 4B” (as substituted by section 12(2) of this Act) there shall be inserted “ , 4C ” .

Section 14 Hong Kong

A person may not be registered as a British overseas territories citizen under a provision of the British Nationality Act 1981 (c. 61) by virtue of a connection with Hong Kong.

Section 15 Repeal of spent provisions

Schedule 2 (which repeals spent provisions) shall have effect.

Section 16 Establishment of centres

(1) The Secretary of State may arrange for the provision of premises for the accommodation of persons in accordance with this Part.

(2) A set of premises provided under this section is referred to in this Act as an “ accommodation centre ”.

(3) The Secretary of State may arrange for—

(a) the provision of facilities at or near an accommodation centre for sittings of adjudicators appointed for the purpose of Part 5 in accordance with a determination . . . under paragraph 2 of Schedule 4;

(b) the provision of facilities at an accommodation centre for the taking of steps in connection with the determination of claims for asylum (within the meaning of section 18(3)).

Section 17 Support for destitute asylum-seeker

(1) The Secretary of State may arrange for the provision of accommodation for a person in an accommodation centre if—

(a) the person is an asylum-seeker or the dependant of an asylum-seeker, and

(b) the Secretary of State thinks that the person is destitute or is likely to become destitute within a prescribed period.

(2) The Secretary of State may make regulations about procedure to be followed in respect of the provision of accommodation under this section.

(3) The regulations may, in particular, make provision—

(a) specifying procedure to be followed in applying for accommodation in an accommodation centre;

(b) providing for an application to be combined with an application under or in respect of another enactment;

(c) requiring an applicant to provide information;

(d) specifying circumstances in which an application may not be considered (which provision may, in particular, provide for an application not to be considered where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries under paragraph (e));

(e) about the making of enquiries by the Secretary of State;

(f) requiring a person to notify the Secretary of State of a change in circumstances.

(4) Sections 18 to 20 define the following expressions for the purpose of this Part—

(a) asylum-seeker,

(b) dependant, and

(c) destitute.

Section 18 Asylum-seeker: definition

(1) For the purposes of this Part a person is an “ asylum-seeker ” if—

(a) he is at least 18 years old,

(b) he is in the United Kingdom,

(c) a claim for asylum has been made by him at a place designated by the Secretary of State ,

(d) the Secretary of State has recorded the claim, and

(e) the claim has not been determined.

(1ZA) For the purposes of subsection (1), the circumstances in which a claim is determined include where the claim is declared inadmissible under section 80A or 80B.

(1ZB) But if a claim is—

(a) declared inadmissible under section 80B, and

(b) nevertheless considered by the Secretary of State in accordance subsection (7) of that section,

the claim ceases to be treated as determined from the time of the decision to consider the claim.

(2) A person shall continue to be treated as an asylum-seeker despite subsection (1)(e) while—

(a) his household includes a dependent child who is under 18, and

(b) he does not have leave to enter or remain in the United Kingdom.

(3) A claim for asylum is a claim by a person that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—

(a) the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, or

(b) Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950.

Section 19 Destitution: definition

(1) Where a person has dependants, he and his dependants are destitute for the purpose of this Part if they do not have and cannot obtain both—

(a) adequate accommodation, and

(b) food and other essential items.

(2) Where a person does not have dependants, he is destitute for the purpose of this Part if he does not have and cannot obtain both—

(a) adequate accommodation, and

(b) food and other essential items.

(3) In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

(4) In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State may not have regard to—

(a) whether a person has an enforceable right to occupy accommodation,

(b) whether a person shares all or part of accommodation,

(c) whether accommodation is temporary or permanent,

(d) the location of accommodation, or

(e) any other matter prescribed for the purposes of this subsection.

(5) The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (1) and (2).

(6) The Secretary of State may by regulations—

(a) provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;

(b) enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;

(c) enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;

(d) enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;

(e) make provision as to the valuation of assets.

Section 20 Dependant: definition

For the purposes of this Part a person is a “ dependant ” of an asylum-seeker if (and only if) that person—

(a) is in the United Kingdom, and

(b) is within a prescribed class.

Section 21 Sections 17 to 20: supplementary

(1) This section applies for the purposes of sections 17 to 20.

(2) The Secretary of State may inquire into and decide a person’s age.

(3) A claim for asylum shall be treated as determined at the end of such period as may be prescribed beginning with—

(a) the date on which the Secretary of State notifies the claimant of his decision on the claim or (as the case may be) of the declaration of inadmissibility under section 80A or 80B , or

(b) if the claimant appeals against the Secretary of State’s decision, the date on which the appeal is disposed of.

(4) A notice under subsection (3)(a)—

(a) must be in writing, and

(b) if sent by first class post to the claimant’s last known address or to the claimant’s representative, shall be treated as being received by the claimant on the second day after the day of posting.

(5) An appeal is disposed of when it is no longer pending for the purpose of—

(a) Part 5 of this Act, or

(b) the Special Immigration Appeals Commission Act 1997 (c. 68).

Section 22 Immigration and Asylum Act 1999, s. 95

The Secretary of State may provide support under section 95 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker) by arranging for the provision of accommodation in an accommodation centre.

Section 23 Person subject to United Kingdom entrance control

(1) A residence condition may include a requirement to reside at an accommodation centre.

(2) In subsection (1) “ residence condition ” means a condition imposed under Schedule 10 to the Immigration Act 2016.

(3) Where a person is required to reside in an accommodation centre by virtue of subsection (1) the Secretary of State must arrange for the provision of accommodation for the person in an accommodation centre.

(4) But if the person is required to leave an accommodation centre by virtue of section 26 or 30 he shall be treated as having broken the residence condition referred to in subsection (1).

(5) The Secretary of State may provide support under section 4 of the Immigration and Asylum Act 1999 (persons subject to entrance control) (including that section as amended by section 49 of this Act) by arranging for the provision of accommodation in an accommodation centre.

Section 24 Provisional assistance

(1) If the Secretary of State thinks that a person may be eligible for the provision of accommodation in an accommodation centre under section 17, he may arrange for the provision for the person, pending a decision about eligibility, of—

(a) accommodation in an accommodation centre, or

(b) other support or assistance (of any kind).

(2) Section 99 of the Immigration and Asylum Act 1999 (c. 33) (provision of support by local authority) shall have effect in relation to the provision of support for persons under subsection (1) above as it has effect in relation to the provision of support for asylum-seekers under sections 95 and 98 of that Act.

Section 25 Length of stay

(1) The Secretary of State may not arrange for the provision of accommodation for a person in an accommodation centre if he has been a resident of an accommodation centre for a continuous period of six months.

(2) But—

(a) subsection (1) may be disapplied in respect of a person, generally or to a specified extent, by agreement between the Secretary of State and the person, and

(b) if the Secretary of State thinks it appropriate in relation to a person because of the circumstances of his case, the Secretary of State may direct that subsection (1) shall have effect in relation to the person as if the period specified in that subsection were the period of nine months.

(3) Section 51 is subject to this section.

(4) The Secretary of State may by order amend subsection (1) or (2)(b) so as to substitute a shorter period for a period specified.

Section 26 Withdrawal of support

(1) The Secretary of State may stop providing support for a person under section 17 or 24 if—

(a) the Secretary of State suspects that the person or a dependant of his has committed an offence by virtue of section 35, or

(b) the person or a dependant of his has failed to comply with directions of the Secretary of State as to the time or manner of travel to accommodation provided under section 17 or 24.

(2) The Secretary of State may by regulations specify other circumstances in which he may stop providing support for a person under section 17 or 24.

(3) In determining whether or not to provide a person with support or assistance under section 17 or 24 of this Act or section 4, 95 or 98 of the Immigration and Asylum Act 1999 (asylum-seeker) the Secretary of State may take into account the fact that—

(a) he has withdrawn support from the person by virtue of this section or section 30(4) or (5), or

(b) circumstances exist which would have enabled the Secretary of State to withdraw support from the person by virtue of this section had he been receiving support.

(4) This section is without prejudice to section 103 of the Immigration and Asylum Act 1999 (c. 33) (appeal against refusal to support).

Section 27 Resident of centre

A reference in this Part to a resident of an accommodation centre is a reference to a person for whom accommodation in the centre is provided—

(a) under section 17,

(b) by virtue of section 22,

(c) by virtue of section 23, or

(d) under section 24.

Section 28 Manager of centre

A reference in this Part to the manager of an accommodation centre is a reference to a person who agrees with the Secretary of State to be wholly or partly responsible for the management of the centre.

Section 29 Facilities

(1) The Secretary of State may arrange for the following to be provided to a resident of an accommodation centre—

(a) food and other essential items;

(b) money;

(c) assistance with transport for the purpose of proceedings under the Immigration Acts or in connection with a claim for asylum;

(d) transport to and from the centre;

(e) assistance with expenses incurred in connection with carrying out voluntary work or other activities;

(f) education and training;

(g) facilities relating to health;

(h) facilities for religious observance;

(i) anything which the Secretary of State thinks ought to be provided for the purpose of providing a resident with proper occupation and for the purpose of maintaining good order;

(j) anything which the Secretary of State thinks ought to be provided for a person because of his exceptional circumstances.

(2) The Secretary of State may make regulations specifying the amount or maximum amount of money to be provided under subsection (1)(b).

(3) The Secretary of State may arrange for the provision of facilities in an accommodation centre for the use of a person in providing legal advice to a resident of the centre.

(4) The Secretary of State shall take reasonable steps to ensure that a resident of an accommodation centre has an opportunity to obtain legal advice before any appointment made by an immigration officer or an official of the Secretary of State for the purpose of obtaining information from the resident to be used in determining his claim for asylum.

(5) The Secretary of State may by order amend subsection (1) so as to add a reference to facilities which may be provided.

Section 30 Conditions of residence

(1) The Secretary of State may make regulations about conditions to be observed by residents of an accommodation centre.

(2) Regulations under subsection (1) may, in particular, enable a condition to be imposed in accordance with the regulations by—

(a) the Secretary of State, or

(b) the manager of an accommodation centre.

(3) A condition imposed by virtue of this section may, in particular—

(a) require a person not to be absent from the centre during specified hours without the permission of the Secretary of State or the manager;

(b) require a person to report to an immigration officer or the Secretary of State.

(4) If a resident of an accommodation centre breaches a condition imposed by virtue of this section, the Secretary of State may—

(a) require the resident and any dependant of his to leave the centre;

(b) authorise the manager of the centre to require the resident and any dependant of his to leave the centre.

(5) If a dependant of a resident of an accommodation centre breaches a condition imposed by virtue of this section, the Secretary of State may—

(a) require the resident and any dependant of his to leave the centre;

(b) authorise the manager of the centre to require the resident and any dependant of his to leave the centre.

(6) Regulations under this section must include provision for ensuring that a person subject to a condition is notified of the condition in writing.

(7) A condition imposed by virtue of this section is in addition to any condition imposed under Schedule 10 to the Immigration Act 2016.

(8) A reference in this Part to a condition of residence is a reference to a condition imposed by virtue of this section.

Section 31 Financial contribution by resident

(1) A condition of residence may, in particular, require a resident of an accommodation centre to make payments to—

(a) the Secretary of State, or

(b) the manager of the centre.

(2) The Secretary of State may make regulations enabling him to recover sums representing the whole or part of the value of accommodation and other facilities provided to a resident of an accommodation centre if—

(a) accommodation is provided for the resident in response to an application by him for support,

(b) when the application was made the applicant had assets which were not capable of being realised, and

(c) the assets have become realisable.

(3) In subsection (2) “ assets ” includes assets outside the United Kingdom.

(4) An amount recoverable by virtue of regulations made under subsection (2) may be recovered—

(a) as a debt due to the Secretary of State;

(b) by another prescribed method (which may include the imposition or variation of a residence condition).

Section 32 Tenure

(1) A resident of an accommodation centre shall not be treated as acquiring a tenancy of or other interest in any part of the centre (whether by virtue of an agreement between the resident and another person or otherwise).

(2) Subsection (3) applies where—

(a) the Secretary of State decides to stop arranging for the provision of accommodation in an accommodation centre for a resident of the centre, or

(b) a resident of an accommodation centre is required to leave the centre in accordance with section 30.

(3) Where this subsection applies—

(a) the Secretary of State or the manager of the centre may recover possession of the premises occupied by the resident, and

(b) the right under paragraph (a) shall be enforceable in accordance with procedure prescribed by regulations made by the Secretary of State.

(4) Any licence which a resident of an accommodation centre has to occupy premises in the centre shall be an excluded licence for the purposes of the Protection from Eviction Act 1977 (c. 43).

(5) The following shall be inserted after section 3A(7A) of the Protection from Eviction Act 1977 (disapplication of section 3: Part VI of Immigration and Asylum Act 1999 (c. 33))—

(7B) Section 32 of the Nationality, Immigration and Asylum Act 2002 (accommodation centre: tenure) provides for a resident’s licence to occupy an accommodation centre to be an excluded licence.

(6) The following shall be inserted after section 23A(5A) of the Rent (Scotland) Act 1984 (c. 58) (excluded tenancies and occupancy rights)—

(5B) Nothing in section 23 of this Act applies to a resident’s occupancy of an accommodation centre provided under section 16 or 24(1)(b) of the Nationality, Immigration and Asylum Act 2002 (“ resident ” being construed in accordance with section 27 of that Act).

(7) In this section a reference to an accommodation centre includes a reference to premises in which accommodation is provided under section 24(1)(b).

Section 33 Advisory Groups

(1) The Secretary of State shall appoint a group (to be known as an Accommodation Centre Advisory Group) for each accommodation centre.

(2) The Secretary of State may by regulations—

(a) confer functions on Advisory Groups;

(b) make provision about the constitution and proceedings of Advisory Groups.

(3) Regulations under subsection (2)(a) must, in particular, provide for members of an accommodation centre’s Advisory Group—

(a) to visit the centre;

(b) to hear complaints made by residents of the centre;

(c) to report to the Secretary of State.

(4) The manager of an accommodation centre must permit a member of the centre’s Advisory Group on request—

(a) to visit the centre at any time;

(b) to visit any resident of the centre at any time, provided that the resident consents.

(5) A member of an Advisory Group shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, resignation or dismissal).

(6) The Secretary of State may—

(a) defray expenses of members of an Advisory Group;

(b) make facilities available to members of an Advisory Group.

Section 34 The Monitor of Accommodation Centres

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 35 Ancillary provisions

(1) The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall apply for the purposes of this Part as they apply for the purposes of Part VI of that Act (support for asylum-seeker)—

(a) section 105 (false representation),

(b) section 106 (dishonest representation),

(c) section 107 (delay or obstruction),

(d) section 108 (failure of sponsor to maintain),

(e) section 109 (offence committed by body),

(f) section 112 (recovery of expenditure),

(g) section 113 (recovery of expenditure from sponsor),

(h) section 124 (corporation sole), and

(i) section 127 (redirection of post).

(2) In the application of section 112 a reference to something done under section 95 or 98 of that Act shall be treated as a reference to something done under section 17 or 24 of this Act.

(3) In the application of section 113 a reference to section 95 of that Act shall be treated as a reference to section 17 of this Act.

Section 36 Education: general

(1) For the purposes of section 13 of the Education Act 1996 (c. 56) (general responsibility of local authority ) a resident of an accommodation centre shall not be treated as part of the population of a local authority area.

(2) A child who is a resident of an accommodation centre may not be admitted to a maintained school or a maintained nursery (subject to section 37).

(3) But subsection (2) does not prevent a child’s admission to a school which is—

(a) a community special school or a foundation special school, and

(b) named in an EHC plan maintained for the child under section 37 of the Children and Families Act 2014 or a statement in respect of the child under section 324 of the Education Act 1996 (c. 56) (special educational needs) an individual development plan maintained for the child under section 14 or 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 .

(4) In subsections (2) and (3)—

(a) “ maintained school ” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31) (definition), and

(b) “ maintained nursery ” means a facility for nursery education, within the meaning of section 117 of that Act, provided by a local authority .

(5) The following shall not apply in relation to a child who is a resident of an accommodation centre (subject to section 37)—

(a) section 86(1) and (2) of the School Standards and Framework Act 1998 (parental preference),

(b) section 94 of that Act (appeal),

(c) section 19 or 19A of the Education Act 1996 (education out of school),

(d) section 316(2) and (3) of that Act (child with special educational needs to be educated in mainstream school), ...

(e) paragraphs 3 and 8 of Schedule 27 to that Act (special education needs: making of statement: parental preference).

(f) sections 33 and 34 of the Children and Families Act 2014 (mainstream education for children with special educational needs), and

(g) sections 38 and 39 of that Act (EHC plan: request of parent for named school etc ). , and

(h) section 51 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (duty to favour education for children at mainstream maintained schools).

(5A) The powers of the First-tier Tribunal on determining an appeal under section 51(2)(c) of the Children and Families Act 2014 (appeals against certain aspects of content of EHC plan) are subject to subsection (2) above.

(6) The power of ... the Special Educational Needs Tribunal for Wales under section 326(3) of the Education Act 1996 (appeal against content of statement) is subject to subsection (2) above.

The power of the Education Tribunal for Wales under section 71(1) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (decisions on appeals under section 70) is subject to subsection (2) above.

(7) A person exercising a function under this Act , Part 3 of the Children and Families Act 2014 , Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 or the Education Act 1996 shall (subject to section 37) secure that a child who is a resident of an accommodation centre and who has special educational needs or additional learning needs shall be educated by way of facilities provided under section 29(1)(f) of this Act unless that is incompatible with—

(a) his receiving the special educational provision called for by his special educational needs or which his learning difficulty calls for,

(aa) the child receiving the additional learning provision called for by the child’s additional learning needs,

(b) the provision of efficient education for other children who are residents of the centre, or

(c) the efficient use of resources.

(8) A person may rely on subsection (7)(b) only where there is no action—

(a) which could reasonably be taken by that person or by another person who exercises functions, or could exercise functions, in respect of the accommodation centre concerned, and

(b) as a result of which subsection (7)(b) would not apply.

(9) An accommodation centre is not a school within the meaning of section 4 of the Education Act 1996 (definition); but—

(a) Part 1 of the Education Act 2005 (school inspections) shall apply to educational facilities provided at an accommodation centre as if the centre were a school (for which purpose a reference to the appropriate authority shall be taken as a reference to the person (or persons) responsible for the provision of education at the accommodation centre),

(aa) section 36 of the Children and Families Act 2014 (assessment of education, health and care needs: England) shall have effect as if an accommodation centre were a school,

(b) section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body) shall have effect as if—

(i) an accommodation centre were a relevant school for the purposes of that section,

(ii) a child for whom education is provided at an accommodation centre under section 29(1)(f) were a registered pupil at the centre, and

(iii) a reference in section 329A to the responsible body in relation to an accommodation centre were a reference to any person providing education at the centre under section 29(1)(f), and

the person responsible for education at an accommodation centre may refer a case to a local authority under section 12(2)(a) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 as though—

(i) a child for whom education is provided at the centre under section 29(1)(f) were a child who is a registered pupil at a school, and

(ii) that person were the governing body of the school.

(c) section 140 of the Learning and Skills Act 2000 (c. 21) (learning difficulties: assessment of post-16 needs) shall have effect as if an accommodation centre were a school.

(10) Subsections (1), (2) and (5) shall not apply in relation to an accommodation centre if education is not provided for children who are residents of the centre under section 29(1)(f).

(11) An expression used in this section and in the Education Act 1996 (c. 56) shall have the same meaning in this section as in that Act.

Section 37 Education: special cases

(1) This section applies to a child if a person who provides education to residents of an accommodation centre recommends in writing to the local authority for the area in which the centre is that this section should apply to the child on the grounds that his special circumstances call for provision that can only or best be arranged by the authority.

(2) A local authority may—

(a) arrange for the provision of education for a child to whom this section applies;

(b) disapply a provision of section 36 in respect of a child to whom this section applies.

(3) In determining whether to exercise a power under subsection (2) in respect of a child a local authority shall have regard to any relevant guidance issued by the Secretary of State.

(4) The governing body of a maintained school shall comply with a requirement of the local authority to admit to the school a child to whom this section applies.

(5) Subsection (4) shall not apply where compliance with a requirement would prejudice measures taken for the purpose of complying with a duty arising under section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limit on infant class size).

(6) A local authority may not impose a requirement under subsection (4) in respect of a school unless the authority has consulted the school in accordance with regulations made by the Secretary of State.

(7) In the case of a maintained school for which the local authority are the admission authority, the authority may not arrange for the admission of a child to whom this section applies unless the authority has notified the school in accordance with regulations made by the Secretary of State.

(8) In this section—

(a) “ maintained school ” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (definition), and

(b) an expression which is also used in the Education Act 1996 (c. 56) shall have the same meaning as it has in that Act.

Section 38 Local authority

(1) A local authority may in accordance with arrangements made by the Secretary of State—

(a) assist in arranging for the provision of an accommodation centre;

(b) make premises available for an accommodation centre;

(c) provide services in connection with an accommodation centre.

(2) In particular, a local authority may—

(a) incur reasonable expenditure;

(b) provide services outside its area;

(c) provide services jointly with another body;

(d) form a company;

(e) tender for or enter into a contract;

(f) do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.

(3) In this section “ local authority ” means—

(a) a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and

(b) a Northern Ireland authority within the meaning of section 110 of that Act and an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 ( S.I. 1986/ 594 (N.I. 3)).

Section 39 “Prescribed”: orders and regulations

(1) In this Part “ prescribed ” means prescribed by the Secretary of State by order or regulations.

(2) An order or regulations under this Part may—

(a) make provision which applies generally or only in specified cases or circumstances (which may be determined wholly or partly by reference to location);

(b) make different provision for different cases or circumstances;

(c) include consequential, transitional or incidental provision.

(3) An order or regulations under this Part must be made by statutory instrument.

(4) An order or regulations under any of the following provisions of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament—

(a) section 17,

(b) section 19,

(c) section 20,

(d) section 21,

(e) section 26,

(f) section 29,

(g) section 31,

(h) section 32,

(i) section 33,

(j) section 37,

(k) section 40, and

(l) section 41.

(5) An order under section 25 or regulations under section 30 may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Section 40 Scotland

(1) The Secretary of State may not make arrangements under section 16 for the provision of premises in Scotland unless he has consulted the Scottish Ministers.

(2) The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Scotland.

(3) An order under subsection (2) may, in particular—

(a) apply, disapply or modify the effect of an enactment (which may include a provision made by or under an Act of the Scottish Parliament);

(b) make provision having an effect similar to the effect of a provision of section 36 or 37.

Section 41 Northern Ireland

(1) The Secretary of State may not make arrangements under section 16 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy First Minister.

(2) The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Northern Ireland.

(3) An order under subsection (2) may, in particular—

(a) apply, disapply or modify the effect of an enactment (which may include a provision made by or under Northern Ireland legislation);

(b) make provision having an effect similar to the effect of a provision of section 36 or 37.

Section 42 Wales

The Secretary of State may not make arrangements under section 16 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.

Section 43 Asylum-seeker: form of support

(1) The Secretary of State may make an order restricting the application of section 96(1)(b) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: essential living needs)—

(a) in all circumstances, to cases in which support is being provided under section 96(1)(a) (accommodation), or

(b) in specified circumstances only, to cases in which support is being provided under section 96(1)(a).

(2) An order under subsection (1)(b) may, in particular, make provision by reference to—

(a) location;

(b) the date of an application.

(3) An order under subsection (1) may include transitional provision.

(4) An order under subsection (1)—

(a) must be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Section 44 Destitute asylum-seeker

(1) Section 94 of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker) shall be amended as follows.

(2) In subsection (1) for the definition of “asylum-seeker” substitute—

“ asylum-seeker ” means a person—

(a) who is at least 18 years old,

(b) who is in the United Kingdom,

(c) who has made a claim for asylum at a place designated by the Secretary of State,

(d) whose claim has been recorded by the Secretary of State, and

(e) whose claim has not been determined;

(3) In subsection (1) for the definition of “dependant” substitute—

“ dependant ” in relation to an asylum-seeker or a supported person means a person who—

(a) is in the United Kingdom, and

(b) is within a prescribed class;

(4) For subsection (3) substitute—

(3) A claim for asylum shall be treated as determined for the purposes of subsection (1) at the end of such period as may be prescribed beginning with—

(a) the date on which the Secretary of State notifies the claimant of his decision on the claim, or

(b) if the claimant appeals against the Secretary of State’s decision, the date on which the appeal is disposed of.

(3A) A person shall continue to be treated as an asylum-seeker despite paragraph (e) of the definition of “asylum-seeker” in subsection (1) while—

(a) his household includes a dependant child who is under 18, and

(b) he does not have leave to enter or remain in the United Kingdom.

(5) Omit subsections (5) and (6).

(6) The following shall be substituted for section 95(2) to (8) of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker: interpretation)—

(2) Where a person has dependants, he and his dependants are destitute for the purpose of this section if they do not have and cannot obtain both—

(a) adequate accommodation, and

(b) food and other essential items.

(3) Where a person does not have dependants, he is destitute for the purpose of this section if he does not have and cannot obtain both—

(a) adequate accommodation, and

(b) food and other essential items.

(4) In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

(5) In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State may not have regard to—

(a) whether a person has an enforceable right to occupy accommodation,

(b) whether a person shares all or part of accommodation,

(c) whether accommodation is temporary or permanent,

(d) the location of accommodation, or

(e) any other matter prescribed for the purposes of this subsection.

(6) The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (2) and (3).

(7) The Secretary of State may by regulations—

(a) provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;

(b) enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;

(c) enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;

(d) enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;

(e) make provision as to the valuation of assets.

Section 45 Section 44: supplemental

(1) The following shall be substituted for section 96(1)(b) of the Immigration and Asylum Act 1999 (ways of providing support)—

(b) by providing the supported person and his dependants (if any) with food and other essential items;

(2) In section 97 of the Immigration and Asylum Act 1999 (c. 33) (support: supplemental)—

(a) in subsection (4) for “essential living needs” there shall be substituted “ food and other essential items ” ,

(b) in subsection (5) for “essential living needs” there shall be substituted “ food and other essential items ” , and

(c) in subsection (6) for “living needs” there shall be substituted “ items ” .

(3) Paragraphs 2 and 6 of Schedule 8 to the Immigration and Asylum Act 1999 (support: regulations) shall cease to have effect.

(4) In paragraph 3 of Schedule 9 to the Immigration and Asylum Act 1999 (support: interim provision)—

(a) for “Subsections (3) to (8) of section 95” substitute “ Subsections (2) to (6) of section 95 ” , and

(b) for “subsections (5) and (7)” substitute “ subsections (4) and (5) ” .

(5) The following shall be substituted for section 21(1B) of the National Assistance Act 1948 (c. 29) (duty of local authority to provide accommodation: exclusion of destitute asylum-seeker: interpretation)—

(1B) Section 95(2) to (7) of that Act shall apply for the purposes of subsection (1A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(6) The following shall be substituted for section 45(4B) of the Health Services and Public Health Act 1968 (c. 46) (local authority promotion of welfare of elderly: exclusion of destitute asylum-seeker: interpretation)—

(4B) Section 95(2) to (7) of that Act shall apply for the purposes of subsection (4A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(7) The following shall be substituted for paragraph 2(2B) of Schedule 8 to the National Health Service Act 1977 (c. 49) (local authority arrangements for prevention and care: exclusion of asylum-seeker: interpretation)—

(2B) Section 95(2) to (7) of that Act shall apply for the purposes of sub-paragraph (2A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local social services authority.

Section 46 Section 44: supplemental: Scotland and Northern Ireland

(1) The following shall be substituted for section 12(2B) of the Social Work (Scotland) Act 1968 (c. 49)(general social welfare services of local authorities – exclusion of destitute asylum seeker: interpretation)—

(2B) Section 95(2) to (7) of that Act shall apply for the purposes of subsection (2A) of this section; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(2) The following shall be substituted for section 13A(5) of that Act (provision of residential accommodation with nursing – exclusion of destitute asylum seeker: interpretation)—

(5) Section 95(2) to (7) of that Act shall apply for the purposes of subsection (4) of this section; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(3) The following shall be substituted for section 13B(4) of that Act (provision of care and after-care – exclusion of destitute asylum seeker: interpretation)—

(4) Section 95(2) to (7) of that Act shall apply for the purposes of subsection (3) of this section; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(4) The following shall be substituted for article 14(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (mental health services provided by local authorities)–

(2) Section 95(2) to (7) of the Immigration and Asylum Act 1999 shall apply for the purposes of paragraph (1); and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(6) The following shall be substituted for Article 7(3A) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, care and after-care: exclusion of asylum-seeker: interpretation)—

(3A) Section 95(2) to (7) of that Act shall apply for the purpose of paragraph (3); and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to the Department.

(7) The following shall be substituted for Article 15(7) of that Order (general social welfare: exclusion of destitute asylum-seeker: interpretation)—

(7) Section 95(2) to (7) of that Act shall apply for the purpose of paragraph (6); and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to an HSC trust .

Section 47 Asylum-seeker: family with children

The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker with child: duty to support)—

Family with children

(122)

(1) This section applies where a person (“ the asylum-seeker ”) applies for support under section 95 of this Act or section 17 of the Nationality, Immigration and Asylum Act 2002 (accommodation centres) if—

(a) the Secretary of State thinks that the asylum-seeker is eligible for support under either or both of those sections, and

(b) the asylum-seeker’s household includes a dependant child who is under 18.

(2) The Secretary of State must offer the provision of support for the child, as part of the asylum-seeker’s household, under one of the sections mentioned in subsection (1).

(3) A local authority (or, in Northern Ireland, an authority) may not provide assistance for a child if—

(a) the Secretary of State is providing support for the child in accordance with an offer under subsection (2),

(b) an offer by the Secretary of State under subsection (2) remains open in respect of the child, or

(c) the Secretary of State has agreed that he would make an offer in respect of the child under subsection (2) if an application were made as described in subsection (1).

(4) In subsection (3) “ assistance ” means assistance under—

(a) section 17 of the Children Act 1989 (c. 41) (local authority support),

(b) section 22 of the Children (Scotland) Act 1995 (c. 36) (similar provision for Scotland), or

(c) Article 18 of the Children (Northern Ireland) Order 1995 (S.I. 1995/775 (N.I. 2)) (similar provision for Northern Ireland).

(5) The Secretary of State may by order disapply subsection (3) in specified circumstances.

(6) Where subsection (3) ceases to apply to a child because the Secretary of State stops providing support, no local authority may provide assistance for the child except the authority for the area within which the support was provided.

Section 48 Young asylum-seeker

The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall have effect as if the definition of asylum-seeker in section 94(1) of that Act did not exclude persons who are under 18—

(a) section 110 (local authority expenditure on asylum-seekers), and

(b) section 111 (grants to voluntary organisations).

Section 49 Failed asylum-seeker

(1) The following shall be added at the end of section 4 of the Immigration and Asylum Act 1999 (accommodation for person on temporary admission or release)—

(2) The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a person if—

(a) he was (but is no longer) an asylum-seeker, and

(b) his claim for asylum was rejected.

(3) The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a dependant of a person for whom facilities may be provided under subsection (2).

(4) The following expressions have the same meaning in this section as in Part VI of this Act (as defined in section 94)—

(a) asylum-seeker,

(b) claim for asylum, and

(c) dependant.

(2) The present section 4 of the Immigration and Asylum Act 1999 (c. 33) becomes subsection (1) (and its heading becomes “ Accommodation ” ).

Section 50 Conditions of support

(1) The following shall be inserted after section 95(9) of the Immigration and Asylum Act 1999 (support for asylum-seeker: condition)—

(9A) A condition imposed under subsection (9) may, in particular, relate to—

(a) any matter relating to the use of the support provided, or

(b) compliance with a restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary admission or release from detention) or paragraph 2 or 5 of Schedule 3 to that Act (restriction pending deportation).

(2) The following shall be inserted after paragraph 6 of Schedule 9 to that Act (asylum-seeker: interim support)—

(6A) The regulations may, in particular, require support to be provided subject to a condition of compliance with any restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary admission or release from detention) or paragraph 2 or 5 of Schedule 3 to that Act (restriction pending deportation).