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| Reception zones. |
87. - (1) The Secretary of State may by order designate an area consisting of the areas of one or more local authorities as a reception zone.
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(2) Before designating an area, the Secretary of State must consult such local authorities, local authority associations and other persons as he thinks appropriate.
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(3) Subsection (4) applies if the Secretary of State considers that-
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(a) a local authority whose area is within a reception zone has suitable housing accommodation within that zone; or |
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(b) the Executive has suitable housing accommodation within a reception zone. |
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(4) The Secretary of State may direct the local authority or the Executive to make available such of the accommodation as may be specified in the direction for a period so specified-
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(a) to him for the purpose of providing support under section 80; or |
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(b) to a person with whom the Secretary of State has made arrangements under section 80. |
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(5) A period specified in a direction under subsection (4)-
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(a) begins on a date so specified; and |
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(b) must not exceed five years. |
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(6) A direction under subsection (4) is enforceable, on an application made on behalf of the Secretary of State, by injunction or in Scotland an order under section 45(b) of the Court of Session Act 1988.
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(7) Housing accommodation is suitable for the purposes of subsection (3) if it-
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(b) would be likely to remain unoccupied for the foreseeable future if not made available; and |
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(c) is appropriate for the accommodation of persons supported under this Part or capable of being made so with minor work. |
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(8) The Secretary of State must make regulations with respect to the general management of any housing accommodation for which a direction under subsection (4) is, for the time being, in force.
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(9) Regulations under subsection (8) must include provision-
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(a) for the calculation of the amount of rent or other charges to be payable in relation to the accommodation; |
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(b) as to the times at which payments of rent or other charges are to be made; |
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(c) as to the responsibility for maintenance of, and repairs to, the accommodation; |
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(d) enabling the accommodation to be inspected in such circumstances as may be prescribed by the body to which the direction was given. |
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Appeals |
| Asylum Support Adjudicators. |
88. - (1) There are to be adjudicators to hear appeals under this Part.
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(2) A person appointed as an adjudicator under this Part is to be known as an Asylum Support Adjudicator (but is referred to in this Part as "an adjudicator").
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(3) Schedule 8 makes further provision with respect to adjudicators.
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| Appeals. |
89. - (1) If, on an application for support under section 80, the Secretary of State decides that the applicant does not qualify for support under that section, the applicant may appeal to an adjudicator.
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(2) If the Secretary of State decides to stop providing support for a person under section 80 before that support would otherwise have come to an end, that person may appeal to an adjudicator.
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(3) On an appeal under this section, the adjudicator may-
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(a) require the Secretary of State to reconsider the matter; or |
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(b) substitute his decision for the decision appealed against. |
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(4) The adjudicator must give his reasons in writing.
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(5) The decision of the adjudicator is final.
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(6) If an appeal is determined against the appellant, no further application from him for support under section 80 is to be entertained unless the Secretary of State is satisfied that there has been a material change in the circumstances.
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(7) The Secretary of State may pay any reasonable travelling expenses incurred by an appellant in connection with attendance at any place for the purposes of an appeal under this section.
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| Secretary of State's rules. |
90. - (1) The Secretary of State may make rules regulating-
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(a) the bringing of appeals under this Part; and |
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(b) the practice and procedure of the adjudicators. |
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(2) The rules may, in particular, make provision-
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(a) for the period within which an appeal must be brought; |
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(b) as to the burden of proof on an appeal; |
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(c) as to the giving and admissibility of evidence; |
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(d) for summoning witnesses; |
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(e) for an appeal to be heard in the absence of the appellant; |
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(f) for determining an appeal without a hearing; |
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(g) requiring reports of decisions of adjudicators to be published; |
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(h) conferring such ancillary powers on adjudicators as the Secretary of State considers necessary for the proper discharge of their functions. |
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(3) In making the rules, the Secretary of State must have regard to the desirability of securing, so far as is reasonably practicable, that appeals are brought and disposed of with the minimum of delay.
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Offences |
| False representations. |
91. - (1) A person is guilty of an offence if, with a view to obtaining support under section 80 for himself or any other person, he-
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(a) makes a statement or representation which he knows is false in a material particular; |
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(b) produces or gives to a person exercising functions under this Part, or knowingly causes or allows to be produced or given to such a person, any document or information which he knows is false in a material particular; |
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(c) fails, without reasonable excuse, to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or |
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(d) without reasonable excuse, knowingly causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part. |
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(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.
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| Dishonest representations. |
92. - (1) A person is guilty of an offence if, with a view to obtaining any benefit or other payment or advantage under this Part for himself or any other person, he dishonestly-
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(a) makes a statement or representation which is false in a material particular; |
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(b) produces or gives to a person exercising functions under this Part, or causes or allows to be produced or given to such a person, any document or information which is false in a material particular; |
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(c) fails to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or |
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(d) causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part. |
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(2) A person guilty of an offence under this section is liable-
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(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or |
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(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both. |
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(3) In the application of this section to Scotland, in subsection (1) for "dishonestly" substitute "knowingly".
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