The Displaced Persons (Temporary Protection) Regulations 2005

Citation and commencementU.K.

1.  These Regulations may be cited as the Displaced Persons (Temporary Protection) Regulations 2005 and shall come into force on 15th June 2005.

InterpretationU.K.

2.—(1) In these Regulations—

(a)“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002(1);

(b)“claim for asylum” has the same meaning as in section 18 of the 2002 Act;

(c)“consular officer” has the same meaning as in article 2 of the Consular Fees (No.2) Order 1999(2);

(d)“entry clearance” has the same meaning as in article 2 of the Consular Fees (No.2) Order 1999;

(e)“local authority” means—

(i)in England and Wales, a district council, a county council, a county borough council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; and

(ii)in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(3);

(f)“registered social landlord”—

(i)in England and Wales, has the same meaning as in Part I of the Housing Act 1996(4); and

(ii)in Scotland, means a body in the register maintained under section 57 of the Housing (Scotland) Act 2001(5);

(g)“registered housing association” has the same meaning, in relation to Northern Ireland, as in Part II of the Housing (Northern Ireland) Order 1992(6);

(h)“temporary protection” means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules(7); and

(i)“Temporary Protection Directive” means Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between member States in receiving such persons and bearing the consequences thereof(8).

Means of subsistenceU.K.

3.—(1) Any person granted temporary protection as a result of a decision of the Council of the European Union made pursuant to Article 5 of the Temporary Protection Directive shall be deemed for the purposes of the provision of means of subsistence to have been granted leave to enter or remain in the United Kingdom exceptionally, outside the Immigration Rules.

(2) Subject to paragraph (3), paragraph (1) shall cease to apply on the date when the period of mass influx of displaced persons to which the grant of temporary protection relates ends in accordance with Chapter II of the Temporary Protection Directive.

(3) Paragraph (1) shall continue to apply for a period not exceeding 28 days from the date referred to in paragraph (2) for as long as the conditions in paragraph (4) are satisfied and the person is in the United Kingdom.

(4) Those conditions are—

(a)the person’s grant of temporary protection has expired; and

(b)the person is taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave the United Kingdom, which may include co-operating with a voluntary return programme.

4.  “Means of subsistence” in regulation 3 means any means of subsistence governed by—

(a)Part VII of the Social Security Contributions and Benefits Act 1992(9);

(b)Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(10);

(c)sections 1 and 3 of Part I of the Jobseekers Act 1995(11);

(d)articles 3 and 5 of Part II of the Jobseekers (Northern Ireland) Order 1995(12);

(e)the State Pension Credit Act 2002(13); or

(f)the State Pension Credit Act (Northern Ireland) 2002(14).

Housing: provision of accommodationU.K.

5.—(1) The Secretary of State may provide, or arrange for the provision of, accommodation for any person granted temporary protection.

(2) Subject to paragraph (3), paragraph (1) shall cease to apply on the date when the period of mass influx of displaced persons to which the grant of temporary protection relates ends in accordance with Chapter II of the Temporary Protection Directive.

(3) Paragraph (1) shall continue to apply for a period not exceeding 28 days from the date referred to in paragraph (2) for as long as the conditions in paragraph (4) are satisfied and the person is in the United Kingdom.

(4) Those conditions are—

(a)the person’s grant of temporary protection has expired; and

(b)the person is taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave the United Kingdom, which may include co-operating with a voluntary return programme.

6.  A local authority or the Northern Ireland Housing Executive may provide accommodation for those granted temporary protection in accordance with arrangements made by the Secretary of State under regulation 5.

7.  When exercising his power under regulation 5 to provide, or arrange for the provision of, accommodation, the Secretary of State—

(a)shall have regard to the desirability, in general, of providing, or arranging for the provision of, accommodation in areas in which there is a ready supply of accommodation; and

(b)shall not have regard to any preference that those who have been granted temporary protection or their dependants may have as to the locality in which the accommodation is to be provided.

Housing: requests for assistanceU.K.

8.—(1) This regulation applies if the Secretary of State asks—

(a)a local authority;

(b)the Northern Ireland Housing Executive;

(c)a registered social landlord; or

[F1(cc)a private registered provider of social housing;]

(d)a registered housing association in Northern Ireland

to assist him in the exercise of his power under regulation 5 to provide, or arrange for the provision of, accommodation.

(2) The body to whom the request is made shall co-operate in giving the Secretary of State such assistance in the exercise of that power as is reasonable in the circumstances.

(3) This regulation does not require a registered social landlord [F2or a private registered provider of social housing] to act beyond his powers.

(4) The Secretary of State shall pay to a body listed in regulation 8(1) any costs reasonably incurred by that body in assisting the Secretary of State to provide, or arrange for the provision of, accommodation.

9.  A local authority or the Northern Ireland Housing Executive shall supply to the Secretary of State such information about its housing accommodation (whether or not occupied) as the Secretary of State may request.

Housing: direction by the Secretary of StateU.K.

10.—(1) If the Secretary of State considers that a local authority or the Northern Ireland Housing Executive has suitable housing accommodation, the Secretary of State may direct the authority or the Executive to make available such accommodation as may be specified in the direction for a period so specified to the Secretary of State for the purpose of providing accommodation under regulation 5.

(2) The Secretary of State shall pay to a body to which a direction is given costs reasonably incurred by the body in complying with the direction.

(3) Any such direction is enforceable, on an application made on behalf of the Secretary of State, by injunction or, in Scotland, by an order under section 45(b) of the Court of Session Act 1988(15).

11.  Housing accommodation shall be suitable for the purposes of regulation 10 if it is—

(a)unoccupied;

(b)likely to remain unoccupied for the foreseeable future if not made available; and

(c)appropriate for the accommodation of persons with temporary protection or is capable of being made so with minor work.

12.—(1) If the housing accommodation specified in a direction under regulation 10 is not appropriate for the accommodation of persons with temporary protection but is capable of being made so with minor work, the Secretary of State may require the directed body to secure that the work is carried out without delay.

(2) The Secretary of State shall meet the reasonable cost of carrying out the minor work.

13.  Before giving a direction under regulation 10, the Secretary of State shall consult—

(a)such local authorities, local authority associations and other persons as he thinks appropriate in respect of a direction given to a local authority;

(b)the Northern Ireland Housing Executive in respect of a direction given to the Executive;

(c)the National Assembly of Wales in respect of a direction given to a local authority in Wales; and

(d)the Scottish Ministers in respect of a direction given to a local authority in Scotland.

Housing: rent liabilityU.K.

14.  A person with temporary protection who is provided with accommodation under regulation 5 shall be liable to make periodical payments of, or by way of, rent in respect of the accommodation provided and, in relation to any claim for housing benefit by virtue of regulation 3, such payments shall be regarded as rent for the purposes of [F314(1)(a) of the Housing Benefit Regulations 2006, regulation 12(1)(a) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006] and regulation 10(1)(a) of the Housing Benefit (General) Regulations (Northern Ireland) 1987(16).

Housing: notice to vacateU.K.

15.—(1) A tenancy, licence or right of occupancy granted in order to provide accommodation under regulation 5 shall end on the date specified in a notice to vacate complying with paragraph (2) regardless of when the tenancy, licence or right of occupancy could otherwise be brought to an end.

(2) A notice to vacate complies with this paragraph if it is in writing and it specifies as the notice period a period of at least 7 days from the date of service by post of the notice to vacate.

Claims for asylumU.K.

16.—(1) This regulation shall apply when a person granted temporary protection makes a claim for asylum which is recorded by the Secretary of State.

(2) When considering under section 55(1)(b) of the 2002 Act whether he is satisfied that the person has made his claim for asylum as soon as reasonably practicable after his arrival in the United Kingdom, the Secretary of State may disregard any time during which the person benefited from a grant of temporary protection.

Consular feesU.K.

17.  Where a consular officer is satisfied that a person outside the United Kingdom will benefit from a grant of temporary protection on arrival at a port of entry in the United Kingdom, that person shall not be required to pay any fee prescribed by the Consular Fees (No.2) Order 1999 in connection with an application for entry clearance.