Immigration, Asylum and Nationality Act 2006

Claimants and applicantsU.K.

43AccommodationU.K.

(1)In section 99(1) of the Immigration and Asylum Act 1999 (c. 33) (provision of support by local authorities)—

(a)for “asylum-seekers and their dependants (if any)” substitute “ persons ”, and

(b)after “section” insert “ 4, ”.

(2)In section 99(4) (expenditure) after “section” insert “ 4, ”.

(3)In section 118(1)(b) (housing authority accommodation) for “95” substitute “ 4, 95 or 98 ”.

(4)In the following provisions for “under Part VI of the Immigration and Asylum Act 1999” substitute “ under section 4 or Part VI of the Immigration and Asylum Act 1999 ”

(a)section 3A(7A) of the Protection from Eviction Act 1977 (c. 43) (excluded tenancies and licences),

(b)paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)) (non-secure tenancies),

(c)section 23A(5A) of the Rent (Scotland) Act 1984 (c. 58) (excluded tenancies and occupancy rights),

(d)paragraph 4A(1) of Schedule 1 to the Housing Act 1985 (c. 68) (non-secure tenancies),

(e)paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988 (c. 43) (non-assured tenancies), and

(f)paragraph 12A(1) of Schedule 1 to the Housing Act 1988 (c. 50) (non-assured tenancies).

(5)A tenancy is not a Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10) if it is granted in order to provide accommodation under section 4 of the Immigration and Asylum Act 1999 (accommodation).

(6)A tenancy which would be a Scottish secure tenancy but for subsection (4) becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to be regarded as such.

(7)At the end of section 4 of the Immigration and Asylum Act 1999 (c. 33) (accommodation) add—

“(10)The Secretary of State may make regulations permitting a person who is provided with accommodation under this section to be supplied also with services or facilities of a specified kind.

(11)Regulations under subsection (10)—

(a)may, in particular, permit a person to be supplied with a voucher which may be exchanged for goods or services,

(b)may not permit a person to be supplied with money,

(c)may restrict the extent or value of services or facilities to be provided, and

(d)may confer a discretion.”

45Integration loansU.K.

(1)Section 13 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (integration loan for refugees) shall be amended as follows.

(2)In subsection (1) for “to refugees.” substitute “—

(a)to refugees, and

(b)to such other classes of person, or to persons other than refugees in such circumstances, as the regulations may prescribe.”

(3)In subsection (2)(b) for “granted him indefinite leave to enter or remain” substitute “ granted him leave to enter or remain ”.

(4)In subsection (3)(a)(iii) after “as a refugee” insert “ or since some other event) ”.

(5)In subsection (3)(h) for “refugee” substitute “ person ”.

(6)The heading to the section becomes “ Integration loans for refugees and others ”.

46Inspection of detention facilitiesU.K.

(1)For section 5A(5A) of the Prison Act 1952 (c. 52) (removal centres: inspection) substitute—

“(5A)Subsections (2) to (5) shall apply—

(a)in relation to removal centres within the meaning of section 147 of the Immigration and Asylum Act 1999 (c. 33),

(b)in relation to short-term holding facilities within the meaning of that section, and

(c)in relation to escort arrangements within the meaning of that section.

(5B)In their application by virtue of subsection (5A) subsections (2) to (5)—

(a)shall apply to centres, facilities and arrangements anywhere in the United Kingdom, and

(b)shall have effect—

(i)as if a reference to prisons were a reference to removal centres, short-term holding facilities and escort arrangements,

(ii)as if a reference to prisoners were a reference to detained persons and persons to whom escort arrangements apply, and

(iii)with any other necessary modifications.”

(2)In section 55 of that Act (extent)—

(a)omit subsection (4A), and

(b)after subsection (5) insert—

“(6)But (despite subsections (4) and (5)) the following shall extend to England and Wales, Scotland and Northern Ireland—

(a)section 5A(5A) and (5B), and

(b)section 5A(2) to (5) in so far as they apply by virtue of section 5A(5A).”

F147Removal: persons with statutorily extended leaveU.K.

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F248Removal: cancellation of leaveU.K.

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49Capacity to make nationality applicationU.K.

After section 44 of the British Nationality Act 1981 (c. 61) (decisions involving discretion) insert—

“44AWaiver of requirement for full capacity

Where a provision of this Act requires an applicant to be of full capacity, the Secretary of State may waive the requirement in respect of a specified applicant if he thinks it in the applicant's best interests.”

50ProcedureU.K.

(1)Rules under section 3 of the Immigration Act 1971 (c. 77)—

(a)may require a specified procedure to be followed in making or pursuing an application or claim (whether or not under those rules or any other enactment),

(b)may, in particular, require the use of a specified form and the submission of specified information or documents,

(c)may make provision about the manner in which a fee is to be paid, and

(d)may make provision for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c).

(2)In respect of any application or claim in connection with immigration (whether or not under the rules referred to in subsection (1) or any other enactment) the Secretary of State—

(a)may require the use of a specified form,

(b)may require the submission of specified information or documents, and

(c)may direct the manner in which a fee is to be paid;

and the rules referred to in subsection (1) may provide for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c).

(3)The following shall cease to have effect—

(a)section 31A of the Immigration Act 1971 (procedure for applications), and

(b)section 25 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (c. 19) (marriage: application for permission).

(4)At the end of section 41(1) of the British Nationality Act 1981 (procedure) add—

“(j)as to the consequences of failure to comply with provision made under any of paragraphs (a) to (i).”

(5)In section 10(2)(c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of abode: certificate of entitlement: procedure) for “made in a specified form;” substitute “ accompanied by specified information; ”.

(6)Paragraph 2(3) of Schedule 23 to the Civil Partnership Act 2004 (c. 33) (immigration: procedure) shall cease to have effect.

F351FeesU.K.

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F452Fees: supplementalU.K.

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