House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

50

“(a)
whether they or the notified authority are subject to the

duty under section 31(2),”.

      (4)
Omit subsection (6).

15
In section 35A(2) (right to request review of decision) after paragraph (d)

insert—

“(e)
in a case where a private accommodation offer is made to

the applicant, any decision—

(i)
that the accommodation offered is not

accommodation falling within section 32(5)(a)

to (c), or

(ii)
that the authority have discharged their duty to

the applicant under section 32(8).”

16
In section 43 (minor definitions) at the appropriate places insert—

(a)
““private accommodation offer” has the meaning assigned to it

by section 31(2D);”,

(b)
““restricted person” has the meaning assigned to it by section

30(6);”, and

(c)
““short assured tenancy” has the same meaning as in Part 2 of the

Housing (Scotland) Act 1988;”.

Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23))

17
Part 2 of the Housing (Northern Ireland) Order 1988 is amended as

follows.

18  (1)
Article 7A (persons not eligible for housing assistance) is amended as

follows.

      (2)
In paragraph (4) for “another person” substitute “a person falling within

paragraph (4A)”.

      (3)
After paragraph (4) insert—

“(4A)
A person falls within this paragraph if the person—

(a)
falls within a class specified in an order under section

119(1) of the Immigration and Asylum Act 1999; but

(b)
is not a national of an EEA State or Switzerland.”

19  (1)
Article 9 (notification of decision and reasons) is amended as follows.

      (2)
After paragraph (3) insert—

“(3A)
If the Executive decides that the applicant is homeless,

threatened with homelessness or has a priority need but would

not have done so without having had regard to a restricted

person, it shall also notify him of—

(a)
the fact that its 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 Article 10(2E) and (2F) or (as the case may be)

11(2A) and (2B).”

      (3)
After paragraph (5) insert—

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

51

(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.”

20  (1)
Article 10 (duties to persons found to be homeless) is amended as

follows.

      (2)
After paragraph (2) insert—

“(2A)
In a restricted case the Executive shall cease to be subject to the

duty under paragraph (2) if the applicant, having been informed

of the possible consequence of refusal—

(a)
accepts a private accommodation offer, or

(b)
refuses such an offer.

(2B)
For the purposes of this Article an offer is a private

accommodation offer if—

(a)
it is an offer of a private tenancy made by a landlord to the

applicant in relation to any accommodation which is, or

may become, available for the applicant’s occupation,

(b)
it is made, with the approval of the Executive, in

pursuance of arrangements made by the Executive with

the landlord with a view to bringing its duty under

paragraph (2) to an end, and

(c)
the tenancy being offered is for a term certain of at least

12 months.

(2C)
The Executive shall not approve a private accommodation offer

unless it is satisfied that the accommodation is suitable for the

applicant and that it is reasonable for him to accept the offer.

(2D)
For the purposes of paragraph (2C) an applicant may reasonably

be expected to accept an offer even though he is under

contractual or other obligations in respect of his existing

accommodation, provided he is able to bring those obligations to

an end before he is required to take up the offer.

(2E)
In a restricted case the Executive shall, so far as reasonably

practicable, bring its duty under paragraph (2) to an end as

mentioned in paragraph (2A).

(2F)
In a restricted case the Executive shall also cease to be subject to

the duty under paragraph (2) if the applicant, having been

informed of the possible consequence of refusal, refuses a

reasonable offer of accommodation under the Housing Selection

Scheme.

(2G)
For the purposes of paragraph (2F)—

(a)
“the Housing Selection Scheme” means the scheme for

the allocation of housing accommodation held by the

52

Executive approved from time to time under Article 22 of

the Order of 1981, and

(b)
an offer of accommodation is reasonable if it is a

reasonable offer within the meaning of that Scheme.

(2H)
Paragraphs (2A) to (2G) are without prejudice to any other way

in which the Executive can cease to be subject to the duty under

paragraph (2).”

      (3)
After paragraph (4) insert—

“(5)
In this Article—

“a private tenancy” has the same meaning as in the Private

Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459

(N.I. 10)),

“a restricted case” means a case falling within paragraph (2)

where the Executive would not be satisfied as mentioned

in paragraphs (1) and (2) without having had regard to a

restricted person,

“a restricted person” has the same meaning as in Article 9.”

21  (1)
Article 11 (duties to persons found to be threatened with homelessness)

is amended as follows.

      (2)
After paragraph (2) insert—

“(2A)
Paragraph (2B) applies in a restricted threatened homelessness

case where, in pursuance of the duty under paragraph (2), the

Executive secures that accommodation other than that occupied

by the applicant when he made his application is available for

occupation by him.

(2B)
The provisions of Article 10(2A) to (2H) (circumstances in which

duty in restricted case ceases) apply, with any necessary

modifications, in relation to the duty under paragraph (2) as they

apply in relation to the duty under Article 10(2) in a restricted

case (within the meaning of that Article).”

      (3)
After paragraph (4) insert—

“(4A)
In this Article—

“a restricted person” has the same meaning as in Article 9,

“a restricted threatened homelessness case” means a case

falling within paragraph (2) where the Executive would

not be satisfied as mentioned in paragraphs (1) and (2)

without having had regard to a restricted person.”

Immigration and Asylum Act 1999 (c. 33)

22  (1)
Section 119 of the Immigration and Asylum Act 1999 (persons subject to

immigration control to be disregarded in determining another person’s

eligibility for accommodation or assistance) is amended as follows.

      (2)
In subsection (1)(b) for “another person” substitute “a person falling

within subsection (1A)”.

      (3)
After subsection (1) insert—

“(1A)
A person falls within this subsection if the person—

53

(a)
falls within a class specified in an order under

subsection (1); but

(b)
is not a national of an EEA State or Switzerland.”

Part 3

Consequential amendments

Criminal Justice and Immigration Act 2008 (c. 4)

23
The Criminal Justice and Immigration Act 2008 is amended as follows.

24
Omit section 134(6) (support for designated persons: eligibility for

certain housing assistance).

25
Omit section 135(7) (power to amend or repeal section 134(6)).”
Schedule 14
263
Page 217, line 4, column 2, after “Schedule 2,” insert “the entry for the Housing

Corporation and”
264
Page 217, line 4, leave out “entry for, and the Note relating to,” and insert “entries

for, and Notes relating to, the Commission for the New Towns and”
265
Page 217, line 17, column 2, at end insert—

“In Schedule 4, in paragraph 4, the words from

“be authorised” to “Government to”.”

266
Page 217, line 17, at end insert—

“National Loans Act 1968 (c. 13)
In Schedule 1, in the entry relating to the New

Towns Act 1981 (c. 64)—

(a)
in column 1, the words “(5)(6)”,

(b)
in column 2, the words “and the

Commission for the New Towns”.

267
Page 217, line 19, at end insert—

“Statutory Corporations
In section 4(2), the words “and of the

(Financial Provisions) Act
Commission for the New Towns”.”

1974 (c. 8)

268
Page 217, line 21, column 2, after “Towns” insert “, the Housing Corporation”
269
Page 217, line 22, at end insert—

“Northern Ireland Assembly
In Part 2 of Schedule 1, the entry relating to the

Disqualification Act 1975
Urban Regeneration Agency.”

(c. 25)