Immigration and Asylum Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Schedule 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 132, line 13, after ("authorities") insert ("or local authorities falling within a prescribed description of authority") 
     Page 132, leave out line 14 and insert ("eligible persons.
 
    (  )  Eligible persons" means--
    (a)  asylum-seekers, or
    (b)  their dependants,
who appear to be destitute or to be likely to become destitute within such period as may be prescribed.")
 
     Page 132, line 18, leave out ("destitute") and insert ("an eligible person") 
     Page 132, line 19, at end insert--
 
    ("(  )  The regulations may make provisions for support to be provided, before the determination of that question, to a person making a claim for support under the regulations by the Secretary of State or such local authority as may be prescribed.")
 
     Page 132, line 19, at end insert--
 
    ("(  )  The local authority concerned" has such meaning as may be prescribed.")
 
     Page 132, line 20, leave out ("and (5)") 
     Page 132, line 24, leave out ("a destitute") and insert ("an eligible") 
     Page 132, line 27, at end insert ("; or
    (  )  must or may be suspended or discontinued.")
 
     Page 132, line 30, at end insert--
 
    ("  .  The regulations may include provision--
    (a)  as to the level of support that is to be provided;
    (b)  for support to be provided subject to conditions;
    (c)  requiring any such conditions to be set out in writing;
    (d)  requiring a copy of any such conditions to be given to such person as may be prescribed.")
 
     Page 132, line 30, at end insert--
 
    ("  .  The regulations may make provision that, in providing support, a local authority--
    (a)  are to have regard to such matters as may be prescribed;
    (b)  are not to have regard to such matters as may be prescribed.")
 
     Page 132, line 30, at end insert--
 
    (".  The regulations may include provision--
    (a)  prescribing particular areas, or descriptions of area, (which may include a locality within their own area) in which a local authority may not place asylum seekers while providing support for them;
    (b)  prescribing circumstances in which a particular area, or description of area, (which may include a locality within their own area) is to be one in which a local authority may not place asylum seekers while providing support for them;
    (c)  as to the circumstances (if any) in which any such provision is not to apply.")
 
     Page 133, line 6, leave out ("a person") and insert ("an asylum-seeker or a dependant of an asylum-seeker") 
     Page 133, line 13, leave out paragraphs 12 and 13 and insert--
 
    ("  .  The interim period" means the period--
    (a)  beginning on the day prescribed for the purposes of this paragraph; and
    (b)  ending on the day on which subsections (1) and (2) of section 111 come into force.")
 
  
Clause 91
 
  
BY THE LORD AVEBURY
 
     Page 61, line 32, at end insert ("and to enable the supported person and his dependants (if any) to meet what appear to the Secretary of State to be expenses (other than expenses of a prescribed description) incurred in connection with an application for bail under the Immigration Acts.") 
  
BY THE DUKE OF NORFOLK
THE LORD AVEBURY
 
     Page 61, line 32, at end insert ("or obtaining specialist medical care and treatment for himself and his dependants (if any).
 
    (  )  Reasonable costs of travel to appointments with legal representatives acting for the supported person in his claim for asylum, and appointments for specialist medical care and treatment for himself and his dependants, shall be paid under this section.")
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 61, line 36, at end insert--
 
    ("(  )  Support provided by the Secretary of State under subsection (1)(b) or (c) must be by way of payments in cash or exchangeable at face value for cash.")
 
     Page 61, line 37, leave out subsection (3) 
  
BY THE LORD AVEBURY
 
     Page 61, line 40, at end insert--
 
    ("(  )  Where support is provided to a person by the Secretary of State under subsections (1) or (2) such vouchers or tokens must be redeemable by that person or by a nominee appointed by him in accordance with procedures set out in regulations under section 93 of this Act.")
 
  
Clause 92
 
  
BY THE DUKE OF NORFOLK
 
     Page 62, line 11, after ("accommodation;") insert--
    ("(  )  the special needs of the person concerned or of his dependants, if any, or of both;
    (  )  the safety and welfare of the person concerned or of his dependants, if any, or of both;
    (  )  the protection of any children in the household of the person concerned;
    (  )  public health;
    (  )  the availability of competent specialised legal services for asylum seekers;
    (  )  the availability of specialised medical services for survivors of torture;
    (  )  the availability of competent interpreting and translating services in the language of the person concerned;
    (  )  access to mainstream education;
    (  )  the suitability of the location for the long term resettlement of the person concerned and his dependants, if any;")
 
  
BY THE LORD COPE OF BERKELEY
 
     Page 62, line 18, leave out subsection (3) 
  
BY THE EARL RUSSELL
 
     Page 62, line 35, at end insert--
 
    ("(  )  When exercising his power to provide essential living needs the Secretary of State shall ensure that the level of support to be provided shall be uprated by at least the same amount as the income support applicable amount is uprated, whether annually as provided under section 150 of the Social Security Administration Act 1992 or otherwise.")
 
  
Clause 93
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Leave out Clause 93 
  
Clause 95
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 64, line 19, at end insert--
 
    ("(  )  A local authority may incur reasonable expenditure in connection with the preparation of proposals for entering into arrangements under section 90.
 
    (  )  The powers conferred on a local authority by this section include power to--
    (a)  provide services outside their area,
    (b)  provide services jointly with one or more bodies who are not local authorities;
    (c)  form a company for the purpose of providing services;
    (d)  tender for contracts (whether alone or with any other person).")
 
  
Clause 97
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 65, line 23, at end insert--
 
    ("(  )  The Secretary of State's power to give a direction under subsection (3) in respect of a particular reception zone must be exercised by reference to criteria specified for the purposes of this subsection in the order designating that zone.
 
    (  )  The Secretary of State may not give a direction under subsection (3) in respect of a local authority in Scotland unless the Scottish Ministers have confirmed to him that the criteria specified in the designation order concerned are in their opinion met in relation to that authority.")
 
     Page 65, line 30, at end insert--
 
    ("(  )  If housing accommodation for which a direction under this section is, for the time being, in force--
    (a)  is not appropriate for the accommodation of persons supported under this Part, but
    (b)  is capable of being made so with minor work,
the direction may require the body to whom it is given to secure that that work is done without delay.")
 
     Page 65, line 35, leave out ("for the calculation of") and insert ("as to the method to be used in determining") 
     Page 65, line 42, at end insert--
    ("(  )  with respect to the condition in which the accommodation is to be returned when the direction ceases to have effect.")
 
     Page 65, line 42, at end insert--
 
    ("(8A)  Regulations under subsection (7) may, in particular, include provision--
    (a)  for the cost, or part of the cost, of minor work required by a direction under this section to be met by the Secretary of State in prescribed circumstances;
    (b)  as to the maximum amount of expenditure which a body may be required to incur as a result of a direction under this section.")
 
     Page 65, line 42, at end insert--
 
    ("(8B)  The Secretary of State must by regulations make provision ("the dispute resolution procedure") for resolving disputes arising in connection with the operation of any regulations made under subsection (7).
 
    (8C)  Regulations under subsection (8B) must include provision--
    (a)  requiring a dispute to be resolved in accordance with the dispute resolution procedure;
    (b)  requiring the parties to a dispute to comply with obligations imposed on them by the procedure; and
    (c)  for the decision of the person resolving a dispute in accordance with the procedure to be final and binding on the parties.")
 
     Page 65, line 43, after ("Britain") insert (", or--
    (b)  determining the criteria to be included in the order designating the zone,")
 
  
BY THE LORD COPE OF BERKELEY
 
     Page 65, line 43, after ("Britain") insert ("or making regulations under subsection (7)") 
  
BY THE LORD DHOLAKIA
 
     Page 65, line 45, at end insert--
 
    ("(  )  Before designating a reception zone in Great Britain, the Secretary of State must consult the legal Aid Board or its successor body.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 66, line 1, after ("zone") insert (", or
    (b)  determining the criteria to be included in the order designating Northern Ireland,")
 
  
Clause 99
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 66, line 23, at end insert--
 
    ("(  )  If the Secretary of State provides or offers to provide support which the applicant contends is not adequate for his needs and the needs of his dependants (if any), the applicant may appeal to an adjudicator.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 66, line 32, at end insert--
 
    ("(6A)  The Secretary of State may by regulations provide for decisions as to where support provided under section 90 is to be provided to be appealable to an adjudicator under this Part.
 
    (6B)  Regulations under subsection (6A) may provide for any provision of this section to have effect, in relation to an appeal brought by virtue of the regulations, subject to such modifications as may be prescribed.")
 
  
Clause 106
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 69, line 13, after ("authority") insert ("or Northern Ireland authority") 
     Page 69, line 16, at end insert--
 
    ("(1A)  The Secretary of State may from time to time pay to any--
    (a)  local authority,
    (b)  local authority association, or
    (c)  Northern Ireland authority,
such sums as he considers appropriate in respect of services provided by the authority or association in connection with the discharge of functions under this Part.")
 
     Page 69, line 23, after ("(1)") insert (", (1A)") 
     Page 69, line 24, at end insert--
 
    ("(  )  Northern Ireland authority" means--
    (a)  the Executive; or
 
 
    (b)  a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972.")
S.I. 1972/1265 (N.I. 14).
  
Clause 110
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 71, line 3, at end insert ("or 94") 
  
Clause 111
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 71, line 27, leave out ("subject to immigration control") and insert ("to whom this section applies") 
     Page 71, line 34, leave out ("subject to immigration control") and insert ("to whom this section applies") 
     Page 71, line 37, at end insert--
 
    ("(3A)  Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.
 
    (3B)  In relation to the benefits mentioned in subsection (1)(f) or (g), "prescribed" means prescribed by regulations made by the Treasury.
 
    (3C)  In relation to the matters mentioned in subsection (2) (except so far as it relates to the benefits mentioned in subsection (1)(f) or (g)), "prescribed" means prescribed by regulations made by the Department.
 
     (3D)  Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental powers in relation to regulations) applies to regulations made by the Secretary of State or the Treasury under subsection (3) as it applies to regulations made under that Act.1992 c. 4.
     (3E)  Sections 133(2), 171(2) and 172(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 apply to regulations made by the Department under subsection (3) as they apply to regulations made by the Department under that Act.") 1992 c. 7.
 
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