EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 69 of the Immigration Act 2016 (“the 2016 Act”) allows local authorities in England to transfer responsibility for unaccompanied asylum-seeking children to other local authorities in England. These Regulations extend that provision so that local authorities in any part of the United Kingdom may transfer responsibility for such children to local authorities in any part of the United Kingdom.
Sections 70 to 72 of the 2016 Act enable the Secretary of State to issue directions to, and prepare schemes for transfer for, local authorities in England. Regulations 3 to 6 of these Regulations allow such directions and schemes to apply in relation to local authorities in all parts of the United Kingdom.
Section 93 of the 2016 Act provides for the Parliamentary procedure applicable to regulations made under that Act. Regulation 7 of these Regulations provides for regulations under sections 69 and 70 in relation to England to be subject to the affirmative resolution procedure so as to align that with the procedure which will be applicable for such regulations as they apply to the rest of the United Kingdom.
Regulation 7 also makes a consequential amendment to section 95 of the 2016 Act.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.