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Statutory Instruments

2006 No. 3340

HOUSING, ENGLAND

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No.2) Regulations 2006

Made

14th December 2006

Laid before Parliament

15th December 2006

Coming into force

1st January 2007

The Secretary of State, in exercise of the powers conferred by sections 160A(5), 172(4), 185(3) and 215(2) of the Housing Act 1996( 1 ), makes the following Regulations:

Citation, commencement and application

1. —(1) These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No.2) Regulations 2006 and shall come into force on 1st January 2007.

(2) These Regulations apply to England only.

Eligibility of Accession state workers

2. —(1)The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006( 2 ) are amended as follows.

(2) In regulation 2(1), for “the Accession Regulations” substitute—

the Accession Regulations 2004” means the Accession (Immigration and Worker Registration) Regulations 2004 ( 3 ) ;

the Accession Regulations 2006” means the Accession (Immigration and Worker Authorisation) Regulations 2006 ( 4 ) ; .

(3) For regulation 4(2)(c) substitute—

(c) a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to either—

(i) regulation 5 of the Accession Regulations 2004(application of the 2006 Regulations in relation to accession State worker requiring registration), or

(ii) regulation 6 of the Accession Regulations 2006 (right of residence of an accession State national subject to worker authorisation); .

(4) For regulation 6(2)(c) substitute—

(c) a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to either—

(i) regulation 5 of the Accession Regulations 2004(application of the 2006 Regulations in relation to accession State worker requiring registration), or

(ii) regulation 6 of the Accession Regulations 2006 (right of residence of an accession State national subject to worker authorisation); .

Transitional provisions

3. The amendments made by these Regulations shall not have effect in relation to an applicant whose application for—

(a) an allocation of housing accommodation under Part 6 of the Housing Act 1996; or

(b) housing assistance under Part 7 of that Act,

was made before 1st January 2007.

Signed by authority of the Secretary of State for Communities and Local Government

Yvette Cooper

Minister of State

Department for Communities and Local Government

14th December 2006

( 1 )

1996, c.52 ; section 160A was added by section 14(2) of the Homelessness Act 2002 (c.7) . The functions of the Secretary of State under sections 160A(3), 172(4) and 215(2) of the Act are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 , to which there are amendments not relevant to these Regulations) and section 17(1) of the Homelessness Act 2002. That article and Schedule also provide that the functions of the Secretary of State under section 185 of the Act are exercisable by the National Assembly for Wales concurrently with the Secretary of State.

( 2 )

S.I. 2006/1294 ; to which there are amendments not relevant to these Regulations.

( 3 )

S.I. 2004/1219 ; the relevant amending instrument is S.I. 2006/1003 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No.2) Regulations 2006 (2006/3340)

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