SCHEDULES

SCHEDULE 15Ineligible persons from abroad: statutory disregards

Part 2Scotland and Northern Ireland

Housing (Scotland) Act 1987 (c. 26)

11(1)Section 30 (notification of decision and reasons) is amended as follows.

(2)After subsection (3) insert—

(3A)If they decide that he is homeless, threatened with homelessness or has a priority need but would not have done so without having had regard to a restricted person, they shall also notify him of—

(a)the fact that their decision was reached on that basis,

(b)the name of the restricted person,

(c)the reason why the person is a restricted person, and

(d)the effect of section 31(2G) or (as the case may be) 32(2A) and (2B).

(3)After subsection (5) insert—

(6)In this Part “a restricted person” means a person—

(a)who is not eligible for assistance under this Part,

(b)who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

(c)either—

(i)who does not have leave to enter or remain in the United Kingdom, or

(ii)whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.