The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014

Interpretation U.K.

2.  In this Order—

“the Act” means the Immigration Act 2014;

“asylum-seeker” has the meaning given in section 94(1) of the Immigration and Asylum Act 1999(1);

“biometric immigration document” has the meaning given in section 5 of the UK Borders Act 2007(2);

[F1 “charity” means a charity within the meaning of section 1 of the Charities Act 2011, or section 1 of the Charities Act (Northern Ireland) 2008 or a body entered in the Scottish Charity Register;]

“claim for asylum” has the meaning given in section 94(1) of the Immigration and Asylum Act 1999;

“derivative residence card” means a card issued in accordance with [F2 regulation 20 of the Immigration (European Economic Area) Regulations 2016] to a person who is not an EEA or Swiss national;

“document” means an original document;

[F3 “document certifying permanent residence” means a document issued under regulation 19(1) of the Immigration (European Economic Area) Regulations 2016;]

[F1 “further education institution” means an institution which is within the further education sector;]

[F1 “higher education institution” means—

(a)

an institution that has been granted degree-awarding powers by either a Royal Charter, an Act of Parliament or the Privy Council; or

(b)

an institution not falling within paragraph (a) but which provides full courses that lead to the award of a degree by an institution falling within that paragraph;]

[F3 “Home Office online right to rent checking service” means the electronic system operated by the Home Office allowing landlords or agents to check whether a person has a right to rent in the United Kingdom and, if so, the nature of any restrictions on that person’s right to do so;]

[F4 “identity document validation technology” means technology operated by a person for the purpose of verifying the identity of another person (“the subject”), whereby a digital copy of a physical document relating to the subject is produced by or in relation to the subject for verification of—

(a)

the document’s validity, and

(b)

whether the subject is the rightful holder of the document;]

[F4 “IDVT identity check” means the response generated by an IDVT identity service provider, using identity document validation technology, when undertaking identity verification with respect to a person;]

[F4 “IDVT identity service provider” means a person that provides identity verification services using identity document validation technology;]

“Landlord Checking Service” means the enquiry and advice service for landlords and agents operated by the Home Office;

“occupier” means any adult who is authorised to occupy premises under a residential tenancy agreement;

[F3 “online right to rent check” means the response generated by the Home Office online right to rent checking service in relation to a person;

“permanent residence card” means a permanent residence card issued under regulation 19(2) of the Immigration (European Economic Area) Regulations 2016, and includes an “accession residence card” within the meaning of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 issued to a person who is not an EEA or Swiss national;]

“Positive Right to Rent Notice” means a document issued by the Landlord Checking Service which indicates that the person named in it is not disqualified from occupying premises under a residential tenancy agreement;

“prospective occupier” means an adult who, under a residential tenancy agreement, will be authorised to occupy premises;

[F1 “public authority” has the meaning given by section 6(3) of the Human Rights Act 1998;]

[F3 “registration certificate” means a certificate issued under regulation 17 of the Immigration (European Economic Area) Regulations 2016;]

[F4 “relevant IDVT document” means a document falling within the description in paragraph 1 or 1A of List A(1) of the Schedule and which has not expired;]

[F5 “residence card” means a residence card issued in accordance with regulation 18 of the Immigration (European Economic Area) Regulations 2016, and includes an “accession residence card” within the meaning of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 issued to a person who is not an EEA or Swiss national;]

[F1 “voluntary organisation” means a body (other than a public authority) whose activities are not carried on for profit.]

Textual Amendments

F1 Words in art. 2 inserted (1.2.2016) by The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2016 (S.I. 2016/9), arts. 1(1), 3

F2 Words in art. 2 substituted (2.11.2020) by The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020 (S.I. 2020/1047), arts. 1, 2(2)(a)

F3 Words in art. 2 inserted (2.11.2020) by The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020 (S.I. 2020/1047), arts. 1, 2(2)(c)

F4 Words in art. 2 inserted (6.4.2022) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022 (S.I. 2022/242), regs. 1(1)(b), 9(2)

F5 Words in art. 2 substituted (2.11.2020) by The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020 (S.I. 2020/1047), arts. 1, 2(2)(b)

Commencement Information

I1 Art. 2 in force at 1.12.2014, see art. 1

(1)

1999 c. 33; the definition of “asylum-seeker” is prospectively substituted by section 44(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(2)

2007 c. 30.