Search Legislation

Criminal Justice and Immigration Act 2008

Section 135: Support: supplemental

792.This section lays out supplementary provisions relating to the support that may be provided under section 134, and it ensures the correct operation of Part VI of the 1999 Act in relation to designated persons.

793.Subsection (1) ensures that any references to Part VI of the 1999 Act or to a provision of that Part in other enactments includes a reference to that Part or provision as applied by section 134. Section 96 of the 1999 Act lays out the ways in which support may be provided to asylum seekers, but section 134(3) makes equivalent provision for designated persons. References to section 96 or a provision thereof will be treated as including a reference to section 134(3) or the corresponding provision. All references to asylum seekers will be treated as including a reference to designated persons.

794.Subsection (2) provides that any provision of Part VI of the 1999 Act requiring or permitting the Secretary of State to have regard to the temporary nature of support for asylum-seekers shall require him instead to have regard to the nature and circumstances of support for designated persons.

795.Subsection (3) provides that the rules governing the procedure for bringing and hearing appeals made under section 104 of the 1999 Act apply.

796.Subsection (4) provides that any instrument made under Part VI of the 1999 Act may make provision in respect of that Part as it applies by virtue of section 134, otherwise than by virtue of that section, or both, and may make different provision for that Part as it applies by virtue of section 134 and otherwise than by virtue of section 134.

797.Subsection (5) modifies the provisions which apply to the notice to be given to a designated person required to quit accommodation provided under Part VI of the 1999 Act.

798.Subsection (6) allows the Secretary of State, by order (subject to the affirmative resolution procedure), to repeal, modify or disapply (to any extent) the provision that support by virtue of section 134(3) may not be provided wholly or mainly by way of cash unless the Secretary of State thinks it appropriate because of exceptional circumstances.

799.Subsection (7) provides that an order under section 10 of the Human Rights Act 1998 (by which a Minister of the Crown may by order make amendments to legislation which has been declared to be incompatible with a Convention right) which amends a provision mentioned in section 134(6) may amend or repeal that subsection.

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