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The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006

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Persons treated as occupying premises as their only or main residence for the purposes of section 254 of the Act

5.—(1) A person is to be treated as occupying a building or part of a building as that person’s only or main residence for the purposes of section 254 of the Act if the person is—

(a)a migrant worker or a seasonal worker—

(i)whose occupation of the building or part is made partly in consideration of the person’s employment within the United Kingdom, whether or not other charges are payable in respect of that occupation; and

(ii)where the building or part is provided by, or on behalf of, the person’s employer or an agent or employee of the person’s employer; or

(b)an asylum seeker or a dependent of an asylum seeker who has been provided with accommodation under section 95 of the Immigration and Asylum Act 1999(1) and which is funded partly or wholly by the National Asylum Support Service(2).

(2) In this regulation—

(a)“a migrant worker” (“gweithiwr mudol”) is—

(i)a person who is a national of a member State of the European Economic Area or Switzerland who has taken up an activity as an employed person in the United Kingdom under Council Regulation (EEC) No 1612/68 on Freedom of Movement for Workers Within the Community(3), as extended by the EEA Agreement or the Switzerland Agreement; or

(ii)any person who has a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not a British citizen, for entry into the United Kingdom for the purpose of taking employment;

(b)“EEA Agreement” (“Cytundeb AEE”) means the agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;

(c)“Switzerland Agreement” (“Cytundeb y Swisdir”) means the agreement between the European Community and its Member States of the one part and the Swiss Confederation of the other on the Free Movement of Persons signed at Luxembourg on 21 June 1999 and which came into force on 1 June 2002;

(d)“seasonal worker” (“gweithiwr tymhorol”) means a person who carries out for an employer or undertakes employment of a seasonal character—

(i)the nature of which depends on the cycle of the seasons and recurs automatically each year; and

(ii)the duration of which does not exceed eight months;

(e)“immigration rules” (“rheolau mewnfudo”) means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971(4); and

(f)“asylum seeker” (“ceisiwr lloches”) has the meaning given to that expression in section 94 of the Immigration and Asylum Act 1999.

(2)

The National Asylum Support Service is a department within the Home Office.

(3)

O.J.L.257, 19 October 1968, as amended by EEC 312/76 (O.J. L.39, 14 February 1976) and EEC 2434/92 (O.J.L.245, 26 August 1992).

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