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(This note is not part of the Regulations)
These Regulations, which come into force on 8th January 2003, extend to the whole of the United Kingdom and empower local authorities to make arrangements for travel and temporary accommodation in respect of certain categories of persons who are ineligible for certain benefits by virtue of paragraph 1 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002.
The categories are—
(a)persons who have been accorded protection as refugees in a State of the European Economic Area (“EEA”) other than the United Kingdom,
(b)nationals of an EEA State other than the United Kingdom,
(c)persons unlawfully in the United Kingdom.
The powers extend to dependants of such persons, who are defined in regulation 2(2) both for the purposes of the Regulations and for the purposes of Schedule 3 to the Act.
Regulation 3 provides that local authorities may make arrangements for persons in the first two categories to travel to the relevant EEA State. They may make arrangements for the accommodation of these persons who are accompanied by dependent children pending travel under these arrangements and for the accommodation of persons unlawfully in the United Kingdom, who are so accompanied and who have not failed to co-operate with removal directions issued by the Secretary of State.
Regulation 4 sets out requirements relating to travel and accommodation arrangements. Regulation 5 enables a local authority to make new travel arrangements for persons who fail to implement or co-operate with travel arrangements and regulation 6 limits the provision of accommodation in the case of such persons.
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