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The Persons Subject to Immigration Control (Housing Authority Accommodation) (Wales) Order 2000

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Welsh Statutory Instruments

2000 No. 1036 (W. 67)

HOUSING, WALES

IMMIGRATION, WALES

The Persons Subject to Immigration Control (Housing Authority Accommodation) (Wales) Order 2000

Made

30th March 2000

Coming into force

1st April 2000

The National Assembly for Wales makes the following Order in exercise of the powers conferred on the Secretary of State by sections 118 and 166(3) of the Immigration and Asylum Act 1999(1) which are vested in the National Assembly for Wales so far as exercisable in Wales(2).

Citation, commencement and application

1.—(1) This Order may be cited as the Persons Subject to Immigration Control (Housing Authority Accommodation) (Wales) Order 2000 and shall come into force on 1st April 2000.

(2) This Order applies to Wales only.

Housing authority accommodation

2.  The classes of persons specified in Articles 3 and 4 of the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000(3) are specified for the purposes of Section 118(1) of the Immigration and Asylum Act 1999 in relation to Wales and expressions used in those Articles have the meaning given to them by Article 2 of that Order.

Revocation

3.  The Housing Accommodation (Persons Subject to Immigration Control) (Amendment) (Wales) Order 1999(4) is revoked and the orders specified in paragraphs (a), (b) and (c) of Article 10 of the Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 are revoked in relation to Wales.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5).

D. Elis Thomas

The Presiding Officer of the National Assembly

30th March 2000

Explanatory Note

(This note does not form part of the Order)

Section 118 of the Immigration and Asylum Act 1999 (“the 1999 Act”) requires a housing authority, so far as practicable, to secure that a tenancy of, or a licence to occupy, housing accommodation provided under Part II of the Housing Act 1985, other than accommodation allocated under Part VI of the Housing Act 1996, is not granted to a person subject to immigration control unless that person is of a class specified by an order made, in relation to Wales, by the National Assembly for Wales or the tenancy of, or the licence to occupy, such accommodation is granted in accordance with arrangements made under section 95 of the 1999 Act.

This Order provides for the classes of persons which are specified for the purposes of section 118 of the 1999 Act in relation to England by the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 to be specified for such purposes in relation to Wales also.

(1)

1999 c. 33. Sections 118 and 119 re-enact, with modifications, section 9 of the Asylum and Immigration Act 1996 (c. 49) as amended by the Housing Act 1996 (c. 52), Schedule 16, paragraph 3 and Schedule 19, Parts VII and VIII.

(2)

See, in relation to section 9 of the Asylum and Immigration Act 1996, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 17 of the Interpretation Act 1978 (c. 30).

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