Search Legislation

Immigration and Asylum Act 1999

Section 120: Other restrictions on assistance: Scotland

345.This section replicates the effect of sections 116 and 117 with respect to Scotland, similarly removing entitlements to general social welfare provisions, to the provision of residential accommodation with nursing and the provision of care and after-care from all persons subject to immigration control, as defined in section 115(9) or, as the case may be, those excluded from benefits under section 115. Again these exclusions apply only to those whose need for access to these provisions arises solely on the basis of destitution. Where there is another substantive need for assistance, the exclusions will not apply.

346.Schedule 14 contains further amendments in relation to housing legislation. Paragraph 73 removes entitlement to protection under the Protection from Eviction Act 1977 from asylum seekers accommodated under Part VI; they can therefore be required to leave accommodation provided under Part VI without a court order having been obtained (as could any sub-tenants). Paragraphs 81 and 88 remove asylum seekers accommodated under Part VI from the security of tenure provisions contained in Part IV of the Housing Act 1985, and Part I of the Housing Act 1988 (which govern the secure and assured tenancy regimes respectively). Paragraphs 82 and 87 replicate these removals from the parallel provisions under the Housing (Scotland) Act 1987 and the Housing (Scotland) Act 1988.

Back to top


Print Options


Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources