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Lord Bassam of Brighton: My Lords, I am pleased to advise the noble Lord that we are happy to keep under review the administrative procedures to which he referred. I trust that on that basis he will agree to withdraw the amendment.

2 Nov 1999 : Column 860

Lord Hylton: My Lords, I am grateful to the Minister. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendments Nos. 60 and 61 not moved.]

Clause 165 [Regulations and orders]:

Lord Bassam of Brighton moved Amendments Nos. 62 to 64:


Page 115, line 13, at end insert--
("( ) section (Defences based on Article 31 of the Refugee Convention: No. 2)(10),").
Page 115, line 14, leave out paragraph (c).
Page 115, line 32, leave out ("169(2), (4)") and insert ("169(4)").

On Question, amendments agreed to.

Clause 169 [Short title, commencement and extent]:

Lord Bassam of Brighton moved Amendments Nos. 65 to 70:


Page 117, line 6, leave out subsection (2) and insert--
("( ) Subsections (1) and (2) of section 114 come into force on the day on which the first regulations made under Schedule (Provision of Support: Regulations) come into force.").
Page 117, line 12, at end insert--
("( ) section (Defences based on Article 31 of the Refugee Convention: No. 2);").
Page 117, line 13, leave out paragraph (e).
Page 117, line 15, leave out ("93(13)") and insert (" 93(12)").
Page 117, line 15, at end insert--
("( ) section 98(4) and (5);").
Page 117, line 28, leave out ("paragraph") and insert ("paragraphs 1A and").

On Question, amendments agreed to.

11.15 p.m.

Schedule 4 [Appeals]:

[Amendment No. 71 not moved.]

Lord Bassam of Brighton moved Amendment No. 72:


After Schedule 7, insert the following new schedule--

("SCHEDULE
PROVISION OF SUPPORT: REGULATIONS
General regulation-making power

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.
Determining whether a person is destitute

2.--(1) The regulations may provide, in connection with determining whether a person is destitute, for the Secretary of State to take into account, except in such circumstances (if any) as may be prescribed--
(a) income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and
(b) support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,
otherwise than by way of support provided under section 93.
(2) The regulations may provide that in such circumstances (if any) as may be prescribed, a person is not to be treated as destitute for the purposes of section 93.

2 Nov 1999 : Column 861

Prescribed levels of support

3. The regulations may 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.
Provision of items and services

4. The regulations may 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.
Support and assets to be taken into account

5. The regulations may make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding the level or kind of support to be provided--
(a) income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and
(b) support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,
otherwise than by way of support provided under section 93.
Valuation of assets

6. The regulations may make provision as to the valuation of assets.
Breach of conditions

7. The regulations may 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.
Suspension or discontinuation of support

8.--(1) The regulations may make provision for the suspension or discontinuance 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).
(2) The circumstances which may be prescribed 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.
Notice to quit

9.--(1) The regulations may provide that if--
(a) as a result of support provided under section 93, a person has a tenancy or a licence to occupy accommodation,
(b) one or more of the conditions mentioned in sub-paragraph (2) are satisfied, and
(c) he is given such notice to quit as may be prescribed by the regulations,
his tenancy or licence is to be treated as ending with the period specified in that notice, regardless of when it could otherwise be brought to an end.
(2) The conditions are that--
(a) the support provided under section 93 is suspended or discontinued as a result of any provision of a kind mentioned in paragraph 8;
(b) the relevant claim for asylum has been determined;
(c) the supported person has ceased to be destitute;
(d) he is to be moved to other accommodation.

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Contributions to support

10. The regulations may make provision requiring a supported person to make payments to the Secretary of State, in prescribed circumstances, by way of contributions to the cost of the provision of that support.
Recovery of sums by Secretary of State

11.--(1) The regulations may provide for the recovery by the Secretary of State of sums representing the whole or part of the monetary value of support provided to a person under section 93 where it appears to the Secretary of State--
(a) that that person had, at the time when he applied for support, assets of any kind in the United Kingdom or elsewhere which were not capable of being realised; but
(b) that those assets have subsequently become, and remain, capable of being realised.
(2) An amount recoverable under regulations made by virtue of sub-paragraph (1) may be recovered--
(a) as if it were a debt due to the Secretary of State; or
(b) by such other method of recovery, including by deduction from support provided under section 93 as may be prescribed.
Procedure

12. The regulations may 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.").

[Amendment No. 73, as an amendment to Amendment No. 72, not moved.]

On Question, Amendment No. 72 agreed to.

Schedule 8 [Asylum Support: Interim Provisions]:

Lord Bassam of Brighton moved Amendments Nos. 74 to 77:


Page 140, line 25, leave out sub-paragraph (1).
Page 140, line 37, leave out ("prescribed").
Page 140, line 40, leave out ("prescribed").
Page 140, line 41, at end insert--
("( ) For the purposes of any provision made as a result of sub-paragraph (2), the regulations may make provision for the determination by the Secretary of State of--
(a) the applicable maximum number of asylum-seekers;
(b) the applicable maximum number of eligible persons.
( ) The regulations may make provision for any such determination to be made--
(a) for local authorities generally;
(b) for prescribed descriptions of local authority; or
(c) for particular local authorities.").

On Question, amendments agreed to.

[Amendment No. 78 not moved.]

Schedule 13 [Consequential Amendments]:


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