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Nationality, Immigration and Asylum Act 2002

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This is the original version (as it was originally enacted).

32Tenure

This section has no associated Explanatory Notes

(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).

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