(1)Each housing authority must secure that, so far as practicable, a tenancy of, or licence to occupy, housing accommodation provided under the accommodation provisions is not granted to a person subject to immigration control unless—
(a)he is of a class specified in an order made by the Secretary of State; or
(b)the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under section [F14, 95 or 98].
(2)“Housing authority” means—
(a)in relation to England and Wales, a local housing authority within the meaning of the M1Housing Act 1985;
(b)in relation to Scotland, a local authority within the meaning of the M2Housing (Scotland) Act 1987; and
(c)in relation to Northern Ireland, the Executive.
(3)“Accommodation provisions” means—
(a)in relation to England and Wales, Part II of the Housing Act 1985;
(b)in relation to Scotland, Part I of the Housing (Scotland) Act 1987;
(c)in relation to Northern Ireland, Part II of the M3Housing (Northern Ireland) Order 1981.
(4)“Licence to occupy”, in relation to Scotland, means a permission or right to occupy.
(5)“Tenancy”, in relation to England and Wales, has the same meaning as in the M4Housing Act 1985.
(6)“Person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
(7)This section does not apply in relation to any allocation of housing to which Part VI of the M5Housing Act 1996 (allocation of housing accommodation) applies.
Textual Amendments
F1Words in s. 118(1)(b) substituted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 43(3), 62(1)(2); S.I. 2006/1497, art. 3, Sch.
Commencement Information
I1S. 118 wholly in force at 1.3.2000; s. 118 not in force at Royal Assent see s. 170(4); s. 118 in force for certain purposes at 1.1.2000 by S.I. 1999/3190, art. 2, Sch.; s. 118 in force at 1.3.2000 insofar as not already in force by S.I. 2000/464, art. 2, Sch.
Marginal Citations