The Homelessness (Asylum-Seekers) (Interim Period) (England) Order 1999

• Citation: S.I. 1999/3126
• Sections: 7

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Homelessness (Asylum-Seekers) (Interim Period) (England) Order 1999 and shall come into force on 6th December 1999.

(2) This Order extends to England only.

Section 2 Modification of Part VII of the Housing Act 1996 for certain asylum-seekers

Part VII of the Housing Act 1996 (homelessness) shall have effect in relation to asylum-seekers who are section 185(2) persons with the modifications specified in the following provisions of this Order.

Section 3 Referrals to other local authorities

In section 198 (referral of case to another local housing authority)—

(a) in subsection (3), after “this purpose”, there shall be inserted “, and for the purpose of subsection (4A)(c),”; and

(b) after subsection (4), there shall be inserted—

(4A) The conditions for referral of the case to another authority are also met if—

(a) the local housing authority to whom the application has been made and another housing authority have agreed that the case should be referred to that other authority;

(b) that other authority has provided written confirmation of the agreement to the local housing authority; and

(c) neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in the district of that other authority.

(4B) When reaching the agreement referred to in subsection (4A)(a), the local housing authority to whom the application was made and the other authority need not have regard to—

(a) any preference that the applicant, or any person who might reasonably be expected to reside with him, may have as to the locality in which the accommodation is to be secured; or

(b) whether the applicant, or any person who might reasonably be expected to reside with him, has a local connection with the district of any local housing authority.

Section 4 Discharge of functions by local housing authorities

In section 206 (discharge of functions by local housing authorities), after subsection (1), there shall be inserted—

(1A) In discharging their housing functions under this Part, a local housing authority shall have regard to the desirability, in general, of securing accommodation in areas in which there is a ready supply of accommodation.

Section 5 Out-of-area placements

In section 208 (discharge of functions: out-of-area placements), after subsection (1), there shall be inserted—

(1A) Subsection (1) shall not apply where—

(a) the local housing authority and another housing authority have agreed that the local housing authority may secure that accommodation is available for the occupation of all or an agreed number of asylum-seekers who are section 185(2) persons in that other authority’s district; and

(b) that other authority has provided written confirmation of the agreement to the local housing authority.

Section 6 Suitability of accommodation

In section 210 (suitability of accommodation), after subsection (1), there shall be inserted—

(1A) In determining for the purposes of this Part whether accommodation is suitable for an applicant, or any person who might reasonably be expected to reside with him, the local housing authority—

(a) shall also have regard to the fact that the accommodation is to be temporary pending the determination of the applicant’s claim for asylum; and

(b) shall not have regard to any preference that the applicant, or any person who might reasonably be expected to reside with him, may have as to the locality in which the accommodation is to be secured.

Section 7 The interim period

This Order shall cease to have effect on the date on which section 186 of the Housing Act 1996 (asylum-seekers and their dependants) is repealed by the Immigration and Asylum Act 1999 (as to which see section 117(5) of that Act).