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LGC LAW PAGE - LEGISLATION

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Instruments ...
Instruments

Asylum Support Regulations

SI 704. Effective 3 April

Supplement Part VI of the Immigration and Asylum Act 1999. Support is to be available to asylum seekers who apply in accordance with the Regulations and appear to the home secretary to be destitute or likely to become destitute within 14 days of consideration of the application.

The Regulations define who is a dependant of an asylum seeker and set out the matters to be taken into account when deciding whether a person, or family group, is destitute. They also set out what support should be provided to a successful applicant. This will generally comprise accommodation, provision for other essential living needs, or both. Subsistence will be in the form of vouchers redeemable for goods, services and not more than£10 cash per person per week.

In some cases the home secretary may require contributions towards the cost of support and set out cases where support can be suspended or discontinued and make provisions for bringing tenancies to an end.

Motor Vehicles (Compulsory Insurance) Regulations

SI 726. Effective 3 April

Extends the insurance requirement to use of vehicles in public places other than roads and makes provision for the reporting of accidents and the production of insurance documents where an accident occurs in a public place.

Human rights

The Lord Chancellor's Department is consulting on new rules and directions to help courts and tribunals deal with human rights arguments.

It is proposed that anyone wishing to cite Strasbourg cases should provide the court and the other party with copies of the relevant decisions at least three days before the hearing.

Before the court makes

a 'declaration of incompatibility' regarding any UK legislation, the court must give the Crown an opportunity to join in the proceedings.

Stand-alone human rights claims may be brought in the High Court or a county court and the normal jurisdictional limits will apply. Where another tribunal which was

not empowered to award damages or compensation makes a finding of unlawfulness, the decision of that tribunal will constitute prima facie evidence that a public authority has acted unlawfully in any subsequent claim for damages.

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