Immigration and Asylum Bill - continued        House of Lords
PART VI, SUPPORT FOR ASYLUM-SEEKERS - continued
Provision of support - continued

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Secretary of State's scheme.     96. - (1) The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 93 as he considers appropriate.
 
      (2) The regulations may, in particular, make provision-
 
 
    (a) as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support in accordance with prescribed levels or of a prescribed kind;
 
    (b) as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support otherwise than in accordance with the prescribed levels.
      (3) The regulations may also make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding-
 
 
    (a) whether to provide support under section 93, or
 
    (b) the level or kind of support to be provided,
  support (or assets) which is (or are), or might reasonably be expected to be, otherwise available to the person concerned or to his dependants (if any).
 
      (4) The regulations may also make provision for the Secretary of State to take into account, when deciding-
 
 
    (a) whether to provide, or to continue to provide, support under section 93, or
 
    (b) the level or kind of support to be provided,
  the extent to which any condition on which support is being, or has previously been, provided has been complied with.
 
      (5) The regulations may also make provision for the suspension or discontinuation of support under section 93 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support).
 
      (6) The circumstances which may be prescribed under subsection (5) include the cessation of residence-
 
 
    (a) in accommodation provided under section 93; or
 
    (b) at an address notified to the Secretary of State in accordance with the regulations.
      (7) The regulations may also make provision with respect to procedural requirements including, in particular, provision as to-
 
 
    (a) the procedure to be followed in making an application for support;
 
    (b) the information which must be provided by the applicant;
 
    (c) the circumstances in which an application may not be entertained;
 
    (d) the making of further enquiries by the Secretary of State;
 
    (e) the circumstances in which, and person by whom, a change of circumstances of a prescribed description must be notified to the Secretary of State.
      (8) The regulations may also make provision for prescribed items or services to be provided or made available to persons receiving support under section 93 for such purposes and in such circumstances as may be prescribed.
 
Temporary support.     97. - (1) The Secretary of State may provide, or arrange for the provision of, support for-
 
 
    (a) asylum-seekers, or
 
    (b) dependants of asylum-seekers,
  who it appears to the Secretary of State may be destitute.
 
      (2) Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 93.
 
      (3) Subsections (2) to (11) of section 93 apply for the purposes of this section as they apply for the purposes of that section.
 
 
Support and assistance by local authorities etc.
Provision of support by local authorities.     98. - (1) A local authority may provide support for asylum-seekers and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 93.
 
      (2) Such support may be provided by the local authority-
 
 
    (a) in one or more of the ways mentioned in section 94(1) and (2);
 
    (b) whether the arrangements in question are made with the authority or with another person.
      (3) The Executive may provide support by way of accommodation for asylum-seekers and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 93, whether the arrangements in question are made with the Executive or with another person.
 
      (4) A local authority may incur reasonable expenditure in connection with the preparation of proposals for entering into arrangements under section 93.
 
      (5) 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).
Local authority and other assistance for Secretary of State.     99. - (1) This section applies if the Secretary of State asks-
 
 
    (a) a local authority,
 
    (b) a registered social landlord,
 
    (c) a registered housing association in Scotland or Northern Ireland, or
 
    (d) the Executive,
  to assist him to exercise his power under section 93 to provide accommodation.
 
      (2) The person to whom the request is made must co-operate in giving the Secretary of State such assistance in the exercise of that power as is reasonable in the circumstances.
 
      (3) Subsection (2) does not require a registered social landlord to act beyond its powers.
 
      (4) A local authority must supply to the Secretary of State such information about their housing accommodation (whether or not occupied) as he may from time to time request.
 
      (5) The information must be provided in such form and manner as the Secretary of State may direct.
 
      (6) "Registered social landlord" has the same meaning as in Part I of the Housing Act 1996.
 
      (7) "Registered housing association" has the same meaning-
 
 
    (a) in relation to Scotland, as in the Housing Associations Act 1985; and
 
    (b) in relation to Northern Ireland, as in Part II of the Housing (Northern Ireland) Order 1992.
Reception zones.     100. - (1) The Secretary of State may by order designate as reception zones-
 
 
    (a) areas in England and Wales consisting of the areas of one or more local authorities;
 
    (b) areas in Scotland consisting of the areas of one or more local authorities;
 
    (c) Northern Ireland.
      (2) Subsection (3) applies if the Secretary of State considers that-
 
 
    (a) a local authority whose area is within a reception zone has suitable housing accommodation within that zone; or
 
    (b) the Executive has suitable housing accommodation.
      (3) 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-
 
 
    (a) to him for the purpose of providing support under section 93; or
 
    (b) to a person with whom the Secretary of State has made arrangements under section 93.
      (4) A period specified in a direction under subsection (3)-
 
 
    (a) begins on a date so specified; and
 
    (b) must not exceed five years.
      (5) A direction under subsection (3) 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.
 
      (6) 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.
 
      (7) 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.
 
      (8) Housing accommodation is suitable for the purposes of subsection (2) if it-
 
 
    (a) is unoccupied;
 
    (b) would be likely to remain unoccupied for the foreseeable future if not made available; and
 
    (c) is appropriate for the accommodation of persons supported under this Part or capable of being made so with minor work.
      (9) 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.
 
      (10) The Secretary of State must make regulations with respect to the general management of any housing accommodation for which a direction under subsection (3) is, for the time being, in force.
 
      (11) Regulations under subsection (10) must include provision-
 
 
    (a) as to the method to be used in determining the amount of rent or other charges to be payable in relation to the accommodation;
 
    (b) as to the times at which payments of rent or other charges are to be made;
 
    (c) as to the responsibility for maintenance of, and repairs to, the accommodation;
 
    (d) enabling the accommodation to be inspected, in such circumstances as may be prescribed, by the body to which the direction was given;
 
    (e) with respect to the condition in which the accommodation is to be returned when the direction ceases to have effect.
      (12) Regulations under subsection (10) 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.
      (13) 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 (10).
 
      (14) Regulations under subsection (13) 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.
      (15) Before-
 
 
    (a) designating a reception zone in Great Britain,
 
    (b) determining the criteria to be included in the order designating the zone, or
 
    (c) making regulations under subsection (13),
  the Secretary of State must consult such local authorities, local authority associations and other persons as he thinks appropriate.
 
      (16) Before-
 
 
    (a) designating Northern Ireland as a reception zone, or
 
    (b) determining the criteria to be included in the order designating Northern Ireland,
  the Secretary of State must consult the Executive and such other persons as he thinks appropriate.
 
      (17) Before making regulations under subsection (10) which extend only to Northern Ireland, the Secretary of State must consult the Executive and such other persons as he thinks appropriate.
 
      (18) Before making any other regulations under subsection (10), the Secretary of State must consult-
 
 
    (a) such local authorities, local authority associations and other persons as he thinks appropriate; and
 
    (b) if the regulations extend to Northern Ireland, the Executive.
 
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