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Immigration and Asylum Act 1999

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This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

9(1)The regulations may make provision for the referral by one local authority to another of a claim for support made under the regulations if the local authority to whom the claim is made consider that it is not manifestly unfounded but—

(a)they are providing support for a number of asylum-seekers equal to, or greater than, the maximum number of asylum-seekers applicable to them; or

(b)they are providing support for a number of eligible persons equal to, or greater than, the maximum number of eligible persons applicable to them.

(2)For the purposes of any provision made as a result of sub-paragraph (1), the regulations may make provision for the determination by the Secretary of State of—

(a)the applicable maximum number of asylum-seekers;

(b)the applicable maximum number of eligible persons.

(3)The regulations may make provision for any such determination to be made—

(a)for local authorities generally;

(b)for prescribed descriptions of local authority; or

(c)for particular local authorities.

(4)The regulations may provide that a referral may not be made—

(a)to a prescribed local authority;

(b)to local authorities of a prescribed description; or

(c)in prescribed circumstances.

(5)The regulations may make provision for the payment by a local authority of any reasonable travel or subsistence expenses incurred as a result of a referral made by them.

(6)The regulations may make provision for the transfer of a claim for support, or responsibility for providing support, under the regulations from one local authority to another on such terms as may be agreed between them.

(7)In exercising any power under the regulations to refer or transfer, a local authority must have regard to such guidance as may be issued by the Secretary of State with respect to the exercise of the power.

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