Search Legislation

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, Section 10 is up to date with all changes known to be in force on or before 17 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

10Failed asylum seekers: accommodationE+W+S+N.I.

This section has no associated Explanatory Notes

(1)At the end of section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum seekers, &c.) add—

(5)The Secretary of State may make regulations specifying criteria to be used in determining—

(a)whether or not to provide accommodation, or arrange for the provision of accommodation, for a person under this section;

(b)whether or not to continue to provide accommodation, or arrange for the provision of accommodation, for a person under this section.

(6)The regulations may, in particular—

(a)provide for the continuation of the provision of accommodation for a person to be conditional upon his performance of or participation in community activities in accordance with arrangements made by the Secretary of State;

(b)provide for the continuation of the provision of accommodation to be subject to other conditions;

(c)provide for the provision of accommodation (or the continuation of the provision of accommodation) to be a matter for the Secretary of State’s discretion to a specified extent or in a specified class of case.

(7)For the purposes of subsection (6)(a)—

(a)community activities” means activities that appear to the Secretary of State to be beneficial to the public or a section of the public, and

(b)the Secretary of State may, in particular—

(i)appoint one person to supervise or manage the performance of or participation in activities by another person;

(ii)enter into a contract (with a local authority or any other person) for the provision of services by way of making arrangements for community activities in accordance with this section;

(iii)pay, or arrange for the payment of, allowances to a person performing or participating in community activities in accordance with arrangements under this section.

(8)Regulations by virtue of subsection (6)(a) may, in particular, provide for a condition requiring the performance of or participation in community activities to apply to a person only if the Secretary of State has made arrangements for community activities in an area that includes the place where accommodation is provided for the person.

(9)A local authority or other person may undertake to manage or participate in arrangements for community activities in accordance with this section.

(2)In section 166(5) of that Act (regulations: affirmative instrument) before paragraph (a) insert—

(za)section 4(5),.

(3)In section 103 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers: appeal) as it has effect before the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002 (c. 41)—

(a)after subsection (2) insert—

(2A)If the Secretary of State decides not to provide accommodation for a person under section 4, or not to continue to provide accommodation for a person under section 4, the person may appeal to an adjudicator., and

(b)in subsections (6) and (7) for “section 95” substitute “ section 4 or 95 ”.

(4)In section 103 of the Immigration and Asylum Act 1999 (support for asylum-seekers: appeal) as it has effect after the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002—

(a)for subsection (1) substitute—

(1)This section applies where a person has applied for support under all or any of the following provisions—

(a)section 4,

(b)section 95, and

(c)section 17 of the Nationality, Immigration and Asylum Act 2002.,

(b)in subsection (4)(a) for “the other provision” substitute “ another of those provisions ”, and

(c)in subsection (7) for “subsection (1)(a) or (b)” substitute “ subsection (1) ”.

(5)In section 103A of the Immigration and Asylum Act 1999 (appeal about location of support) in subsection (1) (and in the heading) for “section 95” substitute “ section 4 or 95 ”.

(6)In an amendment made by this section a reference to providing accommodation includes a reference to arranging for the provision of accommodation.

(7)Regulations under section 4(5)(b) of the Immigration and Asylum Act 1999 (c. 33) (as inserted by subsection (1) above) may apply to persons receiving support under section 4 when the regulations come into force.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 10(1)(2)(6)(7) in force at 1.12.2004 by S.I. 2004/2999, art. 2, Sch.

I2S. 10(3)(4)(5) in force at 31.3.2005 by S.I. 2005/372, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources