Made | 13th December 2002 | ||
Laid before Parliament | 17th December 2002 | ||
Coming into force | 8th January 2003 |
(2) In these Regulations and for the purposes of Schedule 3 to the Act, a "dependant" of a person means a person who at the relevant time -
and is under 18;
(e) is in need of care and attention from him or a member of his household by reason of a disability and would fall under (c) or (d) but for the fact that he is not under 18;
(f) has been living with him as an unmarried couple for at least two of the three years before the relevant time,
and "dependent" has the corresponding meaning.
(3) In paragraph (2) -
Power for local authorities to arrange travel and provide accommodation
3.
- (1) A local authority may make arrangements ("travel arrangements") enabling a person with refugee status abroad or who is an EEA national to leave the United Kingdom to travel to the relevant EEA State.
(2) A local authority may make arrangements for the accommodation of a person in respect of whom travel arrangements have been or are to be made pending the implementation of those arrangements.
(3) A local authority may make arrangements for the accommodation of a person unlawfully in the United Kingdom who has not failed to co-operate with removal directions issued in respect of him.
(4) Arrangements for a person by virtue of paragraph (2) or (3) -
Requirements relating to travel and accommodation arrangements
4.
- (1) Travel arrangements and arrangements for accommodation must be made so as to secure implementation of those arrangements at the lowest practicable cost to the local authority.
(2) Subject to the requirements in paragraph (1), travel arrangements made in respect of a person must be made so that the person leaves the United Kingdom as soon as practicable.
(3) Travel arrangements and arrangements for accommodation may not include cash payments to a person in respect of whom the arrangements are made and must be made in such a way as to prevent the obtaining of services or benefits other than those specified in the arrangements.
(4) A local authority must have regard to guidance issued by the Secretary of State in making travel arrangements and arrangements for accommodation.
Failure to implement travel arrangements
5.
Where a person with refugee status abroad or an EEA national refuses an offer of travel arrangements or fails to implement or co-operate with travel arrangements, a local authority may make new travel arrangements for him to travel to the relevant EEA State.
6.
- (1) Where a person with refugee status abroad or an EEA national in respect of whom travel arrangements have been made by a local authority fails to implement or co-operate with those travel arrangements, neither that local authority nor any other local authority may make arrangements for the accommodation of that person except in accordance with the following provisions of this regulation.
(2) Where paragraph (1) applies to a person because of his failure to travel as arranged, the relevant local authority or another local authority may make further arrangements for the accommodation of that person pending the implementation of revised travel arrangements if, but only if, the local authority considers that -
and the person has provided or taken all reasonable steps to provide the explanations and evidence requested by the local authority as regards the matters referred to in sub-paragraphs (a) and (b).
(3) The reasons referred to in paragraph (2) are -
(4) Arrangements for accommodation pursuant to this regulation may only be made in accordance with the provisions of these Regulations, including this regulation.
(5) In this regulation -
Beverley Hughes
Minister of State
Home Office
13th December 2002
The powers extend to dependants of such persons, who are defined in regulation 2(2) both for the purposes of the Regulations and for the purposes of Schedule 3 to the Act.
Regulation 3 provides that local authorities may make arrangements for persons in the first two categories to travel to the relevant EEA State. They may make arrangements for the accommodation of these persons who are accompanied by dependent children pending travel under these arrangements and for the accommodation of persons unlawfully in the United Kingdom, who are so accompanied and who have not failed to co-operate with removal directions issued by the Secretary of State.
Regulation 4 sets out requirements relating to travel and accommodation arrangements. Regulation 5 enables a local authority to make new travel arrangements for persons who fail to implement or co-operate with travel arrangements and regulation 6 limits the provision of accommodation in the case of such persons.