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(a) a person's Convention rights, or


(b) a person's rights under the Community Treaties.

First class of ineligible person: refugee status abroad

4 (1) Paragraph 1 applies to a person if he—


(a) has refugee status abroad, or


(b) is the dependant of a person who is in the United Kingdom and who has refugee status abroad.


(2) For the purposes of this paragraph a person has refugee status abroad if—


(a) he does not have the nationality of an EEA State, and


(b) the government of an EEA State other than the United Kingdom has determined that he is entitled to protection as a refugee under the Refugee Convention.

Second class of ineligible person: citizen of other EEA State

5 Paragraph 1 applies to a person who has the nationality of an EEA State other than the United Kingdom if—


(a) his presence in the United Kingdom is not in reliance on a right under or by virtue of the Community Treaties, or


(b) his presence in the United Kingdom is in reliance on a right under or by virtue of the Community Treaties which permits residence in a member State subject to conditions designed to avoid burdens on social assistance systems or social security systems.

Third class of ineligible person: failed asylum-seeker

6 Paragraph 1 applies to a person if—


(a) he was (but is no longer) an asylum-seeker, and


(b) he fails to cooperate with removal directions issued in respect of him.

Fourth class of ineligible person: person unlawfully in United Kingdom

7 Paragraph 1 applies to a person if—


(a) he is in the United Kingdom in breach of the immigration laws within the meaning of section 11, and


(b) he is not an asylum-seeker.

Travel assistance

8 The Secretary of State may make regulations providing for arrangements to be made enabling a person to whom paragraph 1 applies by virtue of paragraph 4 or 5 to leave the United Kingdom.

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Temporary accommodation

9 (1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person to whom paragraph 1 applies pending the implementation of arrangements made by virtue of paragraph 8.


(2) Arrangements for a person by virtue of this paragraph—


(a) may be made only if the person has with him a dependent child, and


(b) may include arrangements for a dependent child.


10 (1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person if—


(a) paragraph 1 applies to him by virtue of paragraph 7, and


(b) he has not failed to cooperate with removal directions issued in respect of him.


(2) Arrangements for a person by virtue of this paragraph—


(a) may be made only if the person has with him a dependent child, and


(b) may include arrangements for a dependent child.

Assistance and accommodation: general

11 Regulations under paragraph 8, 9 or 10 may—


(a) provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;


(b) confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;


(c) provide that arrangements must be made in a specified manner or in accordance with specified principles;


(d) provide that arrangements may not be made in a specified manner;


(e) require a local authority or another person to have regard to guidance issued by the Secretary of State in making arrangements;


(f) require a local authority or another person to comply with a direction of the Secretary of State in making arrangements.


12 (1) Regulations may, in particular, provide that if a person refuses an offer of arrangements under paragraph 8 or fails to implement or cooperate with arrangements made for him under that paragraph—


(a) new arrangements may be made for him under paragraph 8, but


(b) new arrangements may not be made for him under paragraph 9.


(2) Regulations by virtue of this paragraph may include exceptions in the case of a person who—


(a) has a reason of a kind specified in the regulations for failing to implement or cooperate with arrangements made under paragraph 8, and


(b) satisfies any requirements of the regulations for proof of the excuse.

Offences

13 (1) A person who leaves the United Kingdom in accordance with arrangements made under paragraph 8 commits an offence if he—


(a) returns to the United Kingdom, and


(b) requests that arrangements be made for him by virtue of paragraph 8, 9 or 10.


(2) A person commits an offence if he—


(a) requests that arrangements be made for him by virtue of paragraph 8, 9 or 10, and


(b) fails to mention a previous request by him for the making of arrangements under any of those paragraphs.

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(3) A person who is guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months.

Information

14 If it appears to a local authority that paragraph 1 applies or may apply to a person in the authority's area by virtue of paragraph 6 or 7, the authority must inform the Secretary of State.

Power to amend Schedule

15 The Secretary of State may by order amend this Schedule so as—


(a) to provide for paragraph 1 to apply or not to apply to a class of person;


(b) to add or remove a provision to or from the list in paragraph 1(1);


(c) to add, amend or remove a limitation of or exception to paragraph 1.

Orders and regulations

16 (1) An order or regulations under this Schedule must be made by statutory instrument.


(2) An order or regulations under this Schedule may—


(a) make provision which applies generally or only in specified cases or circumstances;


(b) make different provision for different cases or circumstances;


(c) make transitional provision;


(d) make consequential provision (which may include provision amending a provision made by or under this or another Act).


(3) An order under this Schedule, or regulations which include consequential provision amending an enactment, shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.


(4) Regulations under this Schedule to which sub–paragraph (3) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

17 In this Schedule—


"asylum-seeker" means a person—


(a) who is at least 18 years old,


(b) who has made a claim for asylum (within the meaning of section 16(3)), and


(c) whose claim has been recorded, but not determined, by the Secretary of State,


"Convention rights" has the same meaning as in the Human Rights Act 1998 (c. 42),


"child" means a person under the age of eighteen,


"dependant" and "dependent" shall have such meanings as may be prescribed by regulations made by the Secretary of State,


"EEA State" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),


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