Asylum and Immigration Act 1996

9 Entitlement to housing accommodation and assistance.E+W

(1)Each [F1local housing authority within the meaning of the Housing Act 1985] shall secure that, so far as practicable, no tenancy of, or licence to occupy, housing accommodation provided under [F1Part II of that Act] is granted to a person subject to immigration control unless he is of a class specified in an order made by the Secretary of State.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An order under this section—

(a)may make different provision for different circumstances or for accommodation F3. . . of different descriptions; and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In this section—

  • F4. . .

  • F5. . .

  • F5. . .

  • “tenancy” F6. . . has the same meaning as it has in the Housing Act 1985.

[F7(5)This section does not apply in relation to any allocation of housing accommodation to which Part VI of the Housing Act 1996 (allocation of housing accommodation) applies.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Textual Amendments

F1Words in s. 9(1) substituted (20.1.1997) by 1996 c. 52, s. 173, Sch. 16, para. 3(2)(a)(b); S.I. 1996/2959, art. 3

F4Definition in s. 9(4) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VII and VIII; S.I. 1996/2959, art. 2

F5Definition in s. 9(4) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VII; S.I. 1996/2959, art. 2

F6Words in s. 9(4) repealed (20.1.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. VII; S.I. 1996/2959, art. 3

Modifications etc. (not altering text)

C1S. 9: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1S. 9 partly in force; s. 9 not in force at Royal Assent see s. 13(3); s. 9(1)(2) in force for certain purposes at 26.7.1996 by S.I. 1996/2053, art. 2, Sch. Pt. I; s. 9(1)(2)(4) in force at 19.8.1996 by S.I. 1996/2127, art. 2, Sch. Pt. I

9 Entitlement to housing accommodation and assistance.S+N.I.

(1)Each housing authority shall secure that, so far as practicable, no tenancy of, or licence to occupy, housing accommodation provided under the accommodation Part is granted to a person subject to immigration control unless he is of a class specified in an order made by the Secretary of State.

(2)A person subject to immigration control—

(a)shall not be eligible for accommodation or assistance under the homelessness Part; and

(b)shall be disregarded in determining, for the purposes of that Part, whether another person—

(i)is homeless or is threatened with homelessness; or

(ii)has a priority need for accommodation,

unless he is of a class specified in an order made by the Secretary of State.

(3)An order under this section—

(a)may make different provision for different circumstances or for accommodation or assistance of different descriptions; and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In this section—

  • “the accommodation Part” and “the homelessness Part” mean respectively—

    (a)

    in relation to England and Wales, Parts II and III of the M1Housing Act 1985;

    (b)

    in relation to Scotland, Parts I and II of the M2Housing (Scotland) Act 1987;

    (c)

    in relation to Northern Ireland, Part II of the M3Housing (Northern Ireland) Order 1981 and Part II of the M4Housing (Northern Ireland) Order 1988;

  • “housing authority” means—

    (a)

    in relation to England and Wales, a local housing authority within the meaning of the M5Housing Act 1985;

    (b)

    in relation to Scotland, a local authority within the meaning of the Housing (Scotland) Act 1987;

    (c)

    in relation to Northern Ireland, the Northern Ireland Housing Executive;

  • “licence to occupy”, in relation to Scotland, means a permission or right to occupy;

  • “tenancy”, in relation to England and Wales, has the same meaning as it has in the Housing Act 1985.

Extent Information

E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Commencement Information

I2S. 9 partly in force; s. 9 not in force at Royal Assent see s. 13(3); s. 9(1)(2) in force for certain purposes at 26.7.1996 by S.I. 1996/2053, art. 2, Sch. Pt. I; s. 9(1)(2)(4) in force at 19.8.1996 by S.I. 1996/2127, art. 2, Sch. Pt. I

Marginal Citations