Part 2 E+W+S+N.I.Accommodation Centres

EstablishmentE+W+S+N.I.

16 Establishment of centresE+W+S+N.I.

(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 F1. . . 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)).

Use of centresE+W+S+N.I.

18 Asylum-seeker: definitionE+W+S+N.I.

(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.

(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.

Annotations:

Commencement Information

I1S. 18 partly in force; s. 18 not in force at Royal Assent see s. 162(2); s. 18 in force for certain purposes at 8.1.2003 and for further certain purposes at 10.2.2003 by S.I. 2003/1, art. 2, Sch.

Prospective

19 Destitution: definitionE+W+S+N.I.

(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.

Prospective

Operation of centresE+W+S+N.I.

27 Resident of centreE+W+S+N.I.

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.

28 Manager of centreE+W+S+N.I.

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.

29 FacilitiesE+W+S+N.I.

(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.

30 Conditions of residenceE+W+S+N.I.

(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 restriction imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry to United Kingdom) or under paragraph 2(5) of Schedule 3 to that Act (control pending deportation).

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

31 Financial contribution by residentE+W+S+N.I.

(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).

32 TenureE+W+S+N.I.

(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).

33 Advisory GroupsE+W+S+N.I.

(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.

Prospective

GeneralE+W+S+N.I.

34 The Monitor of Accommodation CentresE+W+S+N.I.

[F2(1)The Secretary of State shall appoint a person as Monitor of Accommodation Centres.

(2)The Monitor shall monitor the operation of this Part of this Act and shall, in particular, consider—

(a)the quality and effectiveness of accommodation and other facilities provided in accommodation centres,

(b)the nature and enforcement of conditions of residence,

(c)the treatment of residents, and

(d)whether, in the case of any accommodation centre, its location prevents a need of its residents from being met.

(3)In exercising his functions the Monitor shall consult—

(a)the Secretary of State, and

(b)such other persons as he considers appropriate.

(4)The Monitor shall report to the Secretary of State about the matters considered by the Monitor in the course of the exercise of his functions—

(a)at least once in each calendar year, and

(b)on such occasions as the Secretary of State may request.

(5)Where the Secretary of State receives a report under subsection (4)(a) he shall lay a copy before Parliament as soon as is reasonably practicable.

(6)The Monitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, resignation or dismissal).

(7)The Secretary of State may—

(a)pay fees and allowances to the Monitor;

(b)defray expenses of the Monitor;

(c)make staff and other facilities available to the Monitor.

(8)The Secretary of State may appoint more than one person to act jointly as Monitor (in which case they shall divide or share functions in accordance with the terms of their appointment and, subject to that, by agreement between them).

(9)A person who is employed within a government department may not be appointed as Monitor of Accommodation Centres.]

35 Ancillary provisionsE+W+S+N.I.

(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.

Annotations:

Commencement Information

I2S. 35 partly in force; s. 35(1)(h) in force at Royal Assent see s. 162(2)

36 Education: generalE+W+S+N.I.

(1)For the purposes of section 13 of the Education Act 1996 (c. 56) (general responsibility of local education authority) a resident of an accommodation centre shall not be treated as part of the population of a local education authority’s 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 a statement in respect of the child under section 324 of the Education Act 1996 (c. 56) (special educational needs).

(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 education 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 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), and

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

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

(7)A person exercising a function under this Act 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 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 which his learning difficulty calls for,

(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)[F3Part 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),

(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

(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.

37 Education: special casesE+W+S+N.I.

(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 education 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 education 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 education 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 education 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 education 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 education 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.

38 Local authorityE+W+S+N.I.

(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)).

39“Prescribed”: orders and regulationsE+W+S+N.I.

(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.

40 ScotlandE+W+S+N.I.

(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.

Annotations:

Commencement Information

I3S. 40(1) partly in force; s. 40(1) in force at Royal Assent see s. 162(2)

41 Northern IrelandE+W+S+N.I.

(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.

Annotations:

Commencement Information

I4S. 41(1) partly in force; s. 41(1) in force at Royal Assent see s. 162(2)

42 WalesE+W+S+N.I.

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.