The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2006

Made13th September 2006

Laid before Parliament18th September 2006

Coming into force9th October 2006

The Secretary of State, in exercise of the powers conferred upon him by sections 118, 119 and 166(3) of the Immigration and Asylum Act 19991, makes the following Order:

Citation and Commencement1

This Order may be cited as the Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2006 and shall come into force on 9th October 2006.

Amendment of the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 20002

1

The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 20002 is amended as follows.

2

In article 3 (Housing authority accommodation—England, Scotland and Northern Ireland)—

a

for sub-paragraph (b)(i) there shall be substituted the following—

b
i
who has leave to enter or remain in the United Kingdom granted outside the provisions of the immigration rules; and

b

after paragraph (b) there shall be inserted the following—

bb
Class BA—a person who has humanitarian protection granted under the immigration rules;

3

In article 7 (Homelessness—Scotland and Northern Ireland) for sub-paragraph (1)(a) there shall be substituted the following—

a
the classes specified in article 3(a) to (e) (Class A, Class B, Class BA, Class C, Class D and Class E);

Gerry SutcliffeParliamentary Under Secretary of StateHome Office13th September 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000.

This Order replaces one of the limbs of Class B to reflect changes to the process of and language used in the granting of leave outside the immigration rules. What was formerly known as “exceptional leave” has been replaced with “leave outside the immigration rules”.

It also inserts a new class (Class BA) that covers persons who have humanitarian protection granted under the immigration rules. Before 9th October 2006 persons qualifying for humanitarian protection were granted leave outside the immigration rules. From 9th October 2006 the status of humanitarian protection will be included within the immigration rules.