The Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Amendment) Order 1998

• Citation: S.I. 1998/139
• Sections: 3

Section 1 Citation, commencement, extent and interpretation

(1) This Order may be cited as the Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Amendment) Order 1998 and shall come into force on 4th February 1998.

(2) This Order does not extend to Scotland.

(3) In this Order, “the 1996 Order ” means the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996 .

Section 2 Amendment of article 2 of the 1996 Order

(1) Article 2 of the 1996 Order (interpretation) is amended as follows.

(2) After the definition of “the 1971 Act”, insert—

“the 1985 Act ” means the Housing Act 1985 ;

“asylum-seeker” means a person who has made a claim for asylum which—

has been recorded by the Secretary of State as having been made; and

has not been recorded by the Secretary of State as having been finally determined or abandoned;

“child in need” has the same meaning as in section 17 of the Children Act 1989 (provision of services for children in need, their families and others);

(3) After the definition of “the Convention”, insert—

“family” has the same meaning as in section 17 of the Children Act 1989;

Section 3 Amendment of article 3 of the 1996 Order

In the 1996 Order, at the end of article 3 (classes specified under section 9(1)), add—

Class DA —an asylum-seeker who is owed a duty under section 21 of the National Assistance Act 1948 (duty of local authorities to provide accommodation);

Class DB—an asylum-seeker who is a child in need or a member of the family of such a child;

Class DC—a person who—

is owed a duty under section 63(1) (interim duty to accommodate in case of apparent priority need), 65(2) or (3) (duties to persons found to be homeless) or 68(1) or (2) (duties to persons whose applications are referred) of the 1985 Act ; and

falls within Class E or F specified in article 4 of this Order;

Class DD—a person—

who is owed a duty under section 188(1) (interim duty to accommodate in case of apparent priority need), 190(2) (duties to persons becoming homeless intentionally), 193(2) (duty to persons with priority need who are not homeless intentionally), 195(2) (duties in case of threatened homelessness) or 200(1), (3) or (4) (duties to applicant whose case is considered for referral or referred) of the Housing Act 1996; or

in respect of whom a local housing authority are exercising their power under section 194(1) (power exercisable after minimum period of duty under section 193) of that Act,

and who falls within Class B, C, D or H prescribed in regulation 3 of the Homelessness Regulations 1996 ;

Class DE—a person who is—

a national of a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) or a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961) ; and

habitually resident in the Common Travel Area;

Class DF—a person who has a secure tenancy within the meaning of section 79 of the 1985 Act.