Beschluss Nr. 1236 des Ständigen Rates
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For sections 88A, 90 and 91 of the Nationality, Immigration and Asylum Act 2002 (restricted right of appeal in relation to refusal of entry clearance for visitor or student) substitute—
For section 23(1) of the Immigration and Asylum Act 1999 (c. 33) (monitoring refusals of entry clearance) substitute—
Within the period of three years beginning with the commencement (for any purpose) of subsection (1), the Secretary of State shall lay before Parliament a report about the effect of that subsection; and the report—
must specify the number of applications for entry clearance made during that period,
must specify the number of those applications refused,
must specify the number of those applications granted, after an initial indication to the applicant of intention to refuse the application, as a result of further consideration in accordance with arrangements established by the Secretary of State,
must describe those arrangements,
must describe the effect of regulations made under section 88A(1)(a) or (b) as substituted by subsection (1) above,
may include other information about the process and criteria used to determine applications for entry clearance, and
may record opinions.
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After section 97 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: national security) insert—
In section 112 of that Act (regulations, &c.) after subsection (5A) insert—
Section 103D of the Nationality, Immigration and Asylum Act 2002 (c. 41) (reconsideration: legal aid) shall be amended as follows.
In subsection (2) for the words “where the Tribunal has decided an appeal following reconsideration pursuant to an order made” substitute “ where an order for reconsideration is made ”.
For subsection (3) substitute—
For section 104(4) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (pending appeal: deemed abandonment) substitute—
Section 110(grants to advisory organisations) of the Nationality, Immigration and Asylum Act 2002 shall cease to have effect.
Section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending variation decision) shall be amended as follows.
In subsection (2)(b) (continuation pending possible appeal) after “could be brought” insert “ , while the appellant is in the United Kingdom ”.
In subsection (2)(c) (continuation pending actual appeal) after “against that decision” insert “ , brought while the appellant is in the United Kingdom, ”.
For subsection (6) (decision) substitute—
After section 3C insert—
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Section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: interpretation) shall be amended as follows.
asylum claim—
human rights claim—
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Schedule 1 (which makes amendments consequential on the preceding provisions of this Act) shall have effect.
It is contrary to this section to employ an adult subject to immigration control if—
he has not been granted leave to enter or remain in the United Kingdom, or
his leave to enter or remain in the United Kingdom—
is invalid,
has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
is subject to a condition preventing him from accepting the employment.
The Secretary of State may give an employer who acts contrary to this section a notice requiring him to pay a penalty of a specified amount not exceeding the prescribed maximum.
An employer is excused from paying a penalty if he shows that he complied with any prescribed requirements in relation to the employment.
But the excuse in subsection (3) shall not apply to an employer who knew, at any time during the period of the employment, that it was contrary to this section.
The Secretary of State may give a penalty notice without having established whether subsection (3) applies.
A penalty notice must—
state why the Secretary of State thinks the employer is liable to the penalty,
state the amount of the penalty,
specify a date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,
specify how the penalty must be paid,
explain how the employer may object to the penalty or make an appeal against it, and
explain how the Secretary of State may enforce the penalty.
An order prescribing requirements for the purposes of subsection (3) may, in particular—
require the production to an employer of a document of a specified description;
require the production to an employer of one document of each of a number of specified descriptions;
require an employer to take specified steps to verify, retain, copy or record the content of a document produced to him in accordance with the order;
require action to be taken before employment begins;
require action to be taken at specified intervals or on specified occasions during the course of employment.
An order under subsection (3) containing provision described in subsection (7)(a), (b) or (c) may, in particular—
specify a document generated by a DVS-registered person or a DVS-registered person of a specified description;
specify a document which was provided to such a person in order to generate such a document;
specify steps involving the use of services provided by such a person.
In subsection (8), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data (Use and Access) Act 2025 (“the DVS register”).
An order under subsection (3) which specifies a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to specified services (see section 36 of the Data (Use and Access) Act 2025).
This section applies where an employer to whom a penalty notice is given objects on the ground that—
he is not liable to the imposition of a penalty,
he is excused payment by virtue of section 15(3), or
the amount of the penalty is too high.
The employer may give a notice of objection to the Secretary of State.
A notice of objection must—
be in writing,
give the objector's reasons,
be given in the prescribed manner, and
be given before the end of the prescribed period.
Where the Secretary of State receives a notice of objection to a penalty he shall consider it and—
cancel the penalty,
reduce the penalty,
increase the penalty, or
determine to take no action.
Where the Secretary of State considers a notice of objection he shall—
have regard to the code of practice under section 19 (in so far as the objection relates to the amount of the penalty),
inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector,
if he increases the penalty, issue a new penalty notice under section 15, and
if he reduces the penalty, notify the objector of the reduced amount.
An employer to whom a penalty notice is given may appeal to the court on the ground that—
he is not liable to the imposition of a penalty,
he is excused payment by virtue of section 15(3), or
the amount of the penalty is too high.
The court may—
allow the appeal and cancel the penalty,
allow the appeal and reduce the penalty, or
dismiss the appeal.
An appeal shall be a re-hearing of the Secretary of State's decision to impose a penalty and shall be determined having regard to— and this subsection has effect despite any provision of rules of court.
the code of practice under section 19 that has effect at the time of the appeal (in so far as the appeal relates to the amount of the penalty), and
any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware);
An appeal may be brought only if the employer has given a notice of objection under section 16 and the Secretary of State—
has determined the objection by issuing to the employer the penalty notice (as a result of increasing the penalty under section 16(4)(c)),
has determined the objection by—
reducing the penalty under section 16(4)(b), or
taking no action under section 16(4)(d), or
has not informed the employer of a decision before the end of the period that applies for the purposes of section 16(5)(b).
An appeal must be brought within the period of 28 days beginning with the relevant date.
An appeal may be brought by an employer whether or not—
he has given a notice of objection under section 16;
the penalty has been increased or reduced under that section.
Where the appeal is brought under subsection (4A)(a), the relevant date is the date specified in the penalty notice issued in accordance with section 16(5)(c) as the date on which it is given.
In this section “the court” means—
where the employer has his principal place of business in England and Wales, the county court,
where the employer has his principal place of business in Scotland, the sheriff, and
where the employer has his principal place of business in Northern Ireland, a county court.
Where the appeal is brought under subsection (4A)(b), the relevant date is the date specified in the notice informing the employer of the decision for the purposes of section 16(5)(b) as the date on which it is given.
Where the appeal is brought under subsection (4A)(c), the relevant date is the date on which the period that applies for the purposes of section 16(5)(b) ends.
This section applies where a sum is payable to the Secretary of State as a penalty under section 15.
In England and Wales the penalty is recoverable as if it were payable under an order of the county court.
In proceedings for the enforcement of a penalty no question may be raised as to—
liability to the imposition of the penalty,
the application of the excuse in section 15(3), or
the amount of the penalty.
In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
Money paid to the Secretary of State by way of penalty shall be paid into the Consolidated Fund.
In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.
Where action is taken under this section for the recovery of a sum payable as a penalty under section 15, the penalty is—
in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc ) as if it were a judgment entered in the county court;
in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 ( S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
The Secretary of State shall issue a code of practice specifying factors to be considered by him in determining the amount of a penalty imposed under section 15.
The code—
shall not be issued unless a draft has been laid before Parliament, and
shall come into force in accordance with provision made by order of the Secretary of State.
The Secretary of State shall from time to time review the code and may revise and re-issue it following a review; and a reference in this section to the code includes a reference to the code as revised.
An order of the Secretary of State under section 15, 16 or 19—
may make provision which applies generally or only in specified circumstances,
may make different provision for different circumstances,
may include transitional or incidental provision, and
shall be made by statutory instrument.
An order under section 15(2) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
Any other order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A person commits an offence if he employs another (“the employee”) knowing that the employee is disqualified from employment by reason of the employee's immigration status.
he has not been granted leave to enter or remain in the United Kingdom, or
his leave to enter or remain in the United Kingdom—
is invalid,
has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
is subject to a condition preventing him from accepting the employment.
A person commits an offence if the person—
employs another person (“the employee”) who is disqualified from employment by reason of the employee's immigration status, and
has reasonable cause to believe that the employee is disqualified from employment by reason of the employee's immigration status.
A person guilty of an offence under this section shall be liable—
on conviction on indictment—
to imprisonment for a term not exceeding five years,
to a fine, or
to both, or
on summary conviction—
to imprisonment for a term not exceeding the general limit in a magistrates’ court in England and Wales or 6 months in Scotland or Northern Ireland,
to a fine not exceeding the statutory maximum, or
to both.
For the purposes of subsections (1) and (1A) a person is disqualified from employment by reason of the person's immigration status if the person is an adult subject to immigration control and—
the person has not been granted leave to enter or remain in the United Kingdom, or
the person's leave to enter or remain in the United Kingdom—
is invalid,
has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
is subject to a condition preventing the person from accepting the employment.
An offence under this section shall be treated as—
a relevant offence for the purpose of sections 28B and 28D of the Immigration Act 1971 (c. 77) (search, entry and arrest), and
an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H (search after arrest).
In relation to a conviction occurring before 2 May 2022 the reference to the general limit in a magistrates’ court in subsection (2)(b)(i) shall be taken as a reference to 6 months.
Proceedings for an offence under this section that is committed in the territorial sea adjacent to the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under this section.
For the purposes of section 21(1) a body (whether corporate or not) shall be treated as knowing a fact about an employee if a person who has responsibility within the body for an aspect of the employment knows the fact.
For the purposes of section 21(1A) a body (whether corporate or not) shall be treated as having reasonable cause to believe a fact about an employee if a person who has responsibility within the body for an aspect of the employment has reasonable cause to believe that fact.
If an offence under section 21(1) or (1A) is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, shall be treated as having committed the offence.
In subsection (2) a reference to an officer of a body includes a reference to—
a director, manager or secretary,
a person purporting to act as a director, manager or secretary, and
if the affairs of the body are managed by its members, a member.
Where an offence under section 21(1) or (1A) is committed by a partnership (whether or not a limited partnership) subsection (2) above shall have effect, but as if a reference to an officer of the body were a reference to—
a partner, and
a person purporting to act as a partner.
The Secretary of State shall issue a code of practice specifying what an employer should or should not do in order to ensure that, while avoiding liability to a penalty under section 15 and while avoiding the commission of an offence under section 21, he also avoids contravening—
the Equality Act 2010, so far as relating to race, or
the Race Relations (Northern Ireland) Order 1997 (S.I. 869 (N.I. 6)).
Before issuing the code the Secretary of State shall—
consult—
the Commission for Equality and Human Rights,
the Equality Commission for Northern Ireland,
such bodies representing employers as he thinks appropriate, and
such bodies representing workers as he thinks appropriate,
publish a draft code (after that consultation),
consider any representations made about the published draft, and
lay a draft code before Parliament (after considering representations under paragraph (c) and with or without modifications to reflect the representations).
The code shall come into force in accordance with provision made by order of the Secretary of State; and an order—
may include transitional provision,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A breach of the code—
shall not make a person liable to civil or criminal proceedings, but
may be taken into account by a court or tribunal.
The Secretary of State shall from time to time review the code and may revise and re-issue it following a review; and a reference in this section to the code includes a reference to the code as revised.
Until the dissolution of the Commission for Racial Equality, the reference in subsection (2)(a)(i) to the Commission for Equality and Human Rights shall be treated as a reference to the Commission for Racial Equality.
Where a person is at large in the United Kingdom by virtue of a grant of immigration bail to the person under Schedule 10 to the Immigration Act 2016 —
he shall be treated for the purposes of sections 15(1) and 21(1B) as if he had been granted leave to enter the United Kingdom, and
any restriction as to employment imposed under that Schedule as a condition of that person's immigration bail shall be treated for those purposes as a condition of leave.
In sections 15 to 24—
“adult” means a person who has attained the age of 16,
a reference to employment is to employment under a contract of service or apprenticeship, whether express or implied and whether oral or written,
a person is subject to immigration control if under the Immigration Act 1971 he requires leave to enter or remain in the United Kingdom, and
“prescribed” means prescribed by order of the Secretary of State.
Sections 8 and 8A of the Asylum and Immigration Act 1996 (c. 49) (restrictions on employment) shall cease to have effect.
Where a passport or other document is produced or found in accordance with this paragraph an immigration officer may examine it and detain it— For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination may require the person being examined to provide information (whether or not by submitting to a process by means of which information is obtained or recorded) about his external physical characteristics (which may include, in particular, fingerprints or features of the iris or any other part of the eye).
Paragraph 4(2A) of that Schedule shall cease to have effect.
Section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) shall be amended as follows.
In subsection (7)(d) for “arrested under paragraph 17 of Schedule 2 to the 1971 Act;” substitute “ detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule; ”.
In subsection (8)(d) for “arrest;” substitute “ detention or arrest; ”.
At the end add—
For section 142(2) of the Immigration and Asylum Act 1999 (c. 33) (attendance for fingerprinting: timing) substitute—
For section 3(9) of the Immigration Act 1971 (c. 77) (proof of right of abode) substitute—
Schedule 2 to the Immigration Act 1971 (controls on entry: administration) shall be amended as follows.
In paragraph 27 (provision of passenger lists, &c.) for sub-paragraph (2) substitute—
In paragraph 27B (passenger information)—
in each place after “passenger information” insert “ or service information ”, and
after sub-paragraph (9) insert—
In section 27 of the Immigration Act 1971 (c. 77) (offences)—
in paragraph (b)(iv) for “the requirements of paragraph 27B or 27C of Schedule 2” substitute “ a requirement imposed by or under Schedule 2 ”, and
in paragraph (c) omit “as owner or agent of a ship or aircraft or”.
This section applies to ships and aircraft which are—
arriving, or expected to arrive, in the United Kingdom, or
leaving, or expected to leave, the United Kingdom.
The owner or agent of a ship or aircraft shall comply with any requirement imposed by a constable of the rank of superintendent or above to provide passenger or service information.
A passenger or member of crew shall provide to the owner or agent of a ship or aircraft any information that he requires for the purpose of complying with a requirement imposed by virtue of subsection (2).
A constable may impose a requirement under subsection (2) only if he thinks it necessary—
in the case of a constable in England, Wales or Northern Ireland, for police purposes, or
in the case of a constable in Scotland, for police purposes which are or relate to reserved matters.
In this section—
“passenger or service information” means information which is of a kind specified by order of the Secretary of State and which relates to—
passengers,
members of crew, or
a voyage or flight,
“police purposes” has the meaning given by section 21(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of State), and
“reserved matters” has the same meaning as in the Scotland Act 1998 (c. 46).
A requirement imposed under subsection (2)—
must be in writing,
may apply generally or only to one or more specified ships or aircraft,
must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect,
must state—
the information required, and
the date or time by which it is to be provided.
may include a requirement for the owner or agent of a ship or aircraft to be able to receive, in a specified form and manner, communications relating to the information.
The Secretary of State may make an order specifying a kind of information under subsection (5)(a) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
An order under subsection (5)(a)—
may apply generally or only to specified cases or circumstances,
may make different provision for different cases or circumstances,
may specify the form and manner in which information is to be provided,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may make regulations requiring responsible persons in relation to ships or aircraft— to provide information to the police.
which have arrived, or are expected to arrive, in the United Kingdom, or
which have left, or are expected to leave, the United Kingdom,
The following information may be required under subsection (1)—
information about the persons on board;
information about the voyage or flight.
Regulations may impose a requirement to provide the information only if the Secretary of State thinks it necessary— In this subsection “ police purposes ” has the same meaning as in section 32.
in the case of a requirement to provide information to the police in England and Wales, for police purposes;
in the case of a requirement to provide information to the police in Scotland, for police purposes which are or relate to reserved matters (within the meaning of the Scotland Act 1998);
in the case of a requirement to provide information to the police in Northern Ireland, for police purposes which are or relate to excepted or reserved matters (within the meaning of the Northern Ireland Act 1998).
The regulations must—
specify or describe the classes of ships or aircraft to which they apply;
specify the information required to be provided;
specify the time by which the information must be provided;
specify the form and manner in which the information must be provided.
The regulations may require responsible persons to be able to receive, in a specified form and manner, communications sent by the police, the Secretary of State or an immigration officer relating to the information.
Regulations under this section—
may apply generally or only to specified cases or circumstances,
may make different provision for different cases or circumstances,
shall be made by statutory instrument, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
For the purposes of this section, the following are responsible persons in respect of a ship or aircraft—
the owner or agent, and
the captain.
This section applies to ships, aircraft and vehicles which are—
arriving, or expected to arrive, in the United Kingdom, or
leaving, or expected to leave, the United Kingdom.
If a constable of the rank of superintendent or above requires a person specified in subsection (3) to provide freight information he shall comply with the requirement.
The persons referred to in subsection (2) are—
in the case of a ship or aircraft, the owner or agent,
in the case of a vehicle, the owner or hirer, and
in any case, persons responsible for the import or export of the freight into or from the United Kingdom.
A constable may impose a requirement under subsection (2) only if he thinks it necessary—
in the case of a constable in England, Wales or Northern Ireland, for police purposes, or
in the case of a constable in Scotland, for police purposes which are or relate to reserved matters.
In this section—
“freight information” means information which is of a kind specified by order of the Secretary of State and which relates to freight carried,
“police purposes” has the meaning given by section 21(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of State), and
“reserved matters” has the same meaning as in the Scotland Act 1998 (c. 46).
A requirement imposed under subsection (2)—
must be in writing,
may apply generally or only to one or more specified ships, aircraft or vehicles,
must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect, and
must state—
the information required, and
the date or time by which it is to be provided.
The Secretary of State may make an order specifying a kind of information under subsection (5)(a) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
An order under subsection (5)(a)—
may apply generally or only to specified cases or circumstances,
may make different provision for different cases or circumstances,
may specify the form and manner in which the information is to be provided,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may make regulations imposing penalties for failure to comply with a requirement imposed—
under section 32(2) (provision of passenger, crew or service information), or
by regulations made under section 32A (regulations requiring information to be provided to police).
Regulations under subsection (1) may in particular make provision— and the regulations may make different provision for different purposes.
about how a penalty is to be calculated;
about the procedure for imposing a penalty;
about the enforcement of penalties;
allowing for an appeal against a decision to impose a penalty;
Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.
The regulations must provide that no penalty may be imposed on a person for failure to comply with a requirement imposed under section 32(2) or by regulations made under section 32A where—
proceedings have been instituted against the person under section 34 in respect of the same failure, or
the failure consists of a failure to provide information that the person has also been required to provide under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971 and—
a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under paragraph 27BB of that Schedule, or
proceedings have been instituted against the person under section 27 of that Act in respect of a failure to provide that information, or
the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 24 of that Act.
Any penalty paid by virtue of this section must be paid into the Consolidated Fund.
Regulations under this section—
must be made by statutory instrument, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed—
under section 32(2) or (3) or 33(2), or
by regulations made under section 32A.
Proceedings may not be instituted against a person under subsection (1) for a failure to comply with a requirement imposed under section 32(2) or by regulations made under section 32A where—
the person has paid a penalty in respect of the same failure, or a failure to provide the same information, by virtue of regulations made under—
section 32B,
paragraph 27BB of Schedule 2 to the Immigration Act 1971, or
section 24 of the Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry scheme); or
proceedings have been instituted against the person under section 27 of the Immigration Act 1971 in respect of a failure to provide the same information.
But—
a person who fails without reasonable excuse to comply with a requirement imposed under section 32(2) or 33(2) by a constable in England and Wales or Northern Ireland otherwise than in relation to a reserved matter (within the meaning of the Scotland Act 1998 (c. 46)) shall not be treated as having committed the offence in Scotland (but has committed the offence in England and Wales or Northern Ireland), and
a person who fails without reasonable excuse to comply with a requirement which is imposed under section 32(3) for the purpose of complying with a requirement to which paragraph (a) applies—
shall not be treated as having committed the offence in Scotland, but
shall be treated as having committed the offence in England and Wales or Northern Ireland, and
where a person fails without reasonable excuse to comply with a requirement imposed by regulations made under section 32A to provide information to the police in England and Wales—
if the required information does not relate to a reserved matter (within the meaning of the Scotland Act 1998), the person shall not be treated as having committed the offence in Scotland (but has committed the offence in England and Wales);
if the required information does not relate to an excepted or reserved matter (within the meaning of the Northern Ireland Act 1998), the person shall not be treated as having committed the offence in Northern Ireland (but has committed the offence in England and Wales).
A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to—
imprisonment for a term not exceeding 51 weeks in England and Wales or 6 months in Scotland or Northern Ireland,
a fine not exceeding level 4 on the standard scale, or
both.
In relation to a conviction occurring before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference to 51 weeks in subsection (2)(a) shall be taken as a reference to three months.
In section 35(2) and (3) of the Customs and Excise Management Act 1979 (c. 2) (arrivals in the United Kingdom) after “arriving” insert “ , or expected to arrive, ”.
This section applies to—
designated customs officials,
immigration officers,
a chief officer of police, and
the Secretary of State in so far as the Secretary of State has general customs functions,
Her Majesty's Revenue and Customs.
the Secretary of State in so far as the Secretary of State has functions relating to immigration, asylum or nationality,
the Director of Border Revenue and any person exercising functions of the Director,
The persons specified in subsection (1) shall share information to which subsection (4) applies and which is obtained or held by them in the course of their functions to the extent that the information is likely to be of use for—
immigration purposes,
police purposes, or
Revenue and Customs purposes.
But a chief officer of police in Scotland shall share information under subsection (2) only to the extent that it is likely to be of use for—
immigration purposes,
police purposes, in so far as they are or relate to reserved matters within the meaning of the Scotland Act 1998, or
Revenue and Customs purposes other than the prosecution of crime.
This subsection applies to information which—
is obtained or held in the exercise of a power specified by the Secretary of State and the Treasury jointly by order and relates to—
passengers on a ship or aircraft,
crew of a ship or aircraft,
freight on a ship or aircraft, or
flights or voyages, or
relates to such other matters in respect of travel or freight as the Secretary of State and the Treasury may jointly specify by order.
The Secretary of State and the Treasury may make an order under subsection (4) which has the effect of requiring information to be shared only if satisfied that—
the sharing is likely to be of use for—
immigration purposes,
police purposes, or
Revenue and Customs purposes, and
the nature of the information is such that there are likely to be circumstances in which it can be shared under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
Information shared in accordance with subsection (2)—
shall be made available to each of the persons or descriptions of persons specified in subsection (1), and
may be used for immigration purposes, police purposes or Revenue and Customs purposes (regardless of its source).
An order under subsection (4) may not specify—
a power of Her Majesty's Revenue and Customs if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, or
a matter to which that section applies.
An order under subsection (4)—
shall be made by statutory instrument, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
In this section—
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and
in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996 (c. 16),
“Revenue and Customs purposes” means those functions of Her Majesty's Revenue and Customs specified in section 21(6) of that Act.
Section 14
The Nationality, Immigration and Asylum Act 2002 (appeals) shall be amended as follows.
In section 10(2) (right of abode: certificate of entitlement)—
paragraph (e) shall cease to have effect, and
in paragraph (f) for “(a) to (e)” substitute “ (a) to (d) ”.
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Section 122(fee for work permit, &c.) shall cease to have effect.
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“terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).
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“chief officer of police” means—
“immigration purposes” has the meaning given by section 20(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure to Secretary of State),
In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals)—
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in subsection (2)(a)—
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for “(continuation of leave pending variation decision)” substitute “ continuation of leave ”, and
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for “an appeal against the rejection of a claim for asylum” substitute “an appeal against a decision other than an immigration decision”, and
after “83(2)” insert “or 83A(2)”.
in Scotland, the chief constable of the Police Service of Scotland, and
Section 52
In section 41 of the British Nationality Act 1981 (regulations and Orders in Council)—
omit subsection (2), and
in subsection (3)—
omit “or (2)”, and
omit paragraph (b).
Section 42A of the British Nationality Act 1981 (registration and naturalisation: fee) shall cease to have effect.
Sections 5 and 27 of the Immigration and Asylum Act 1999 (charges) shall cease to have effect.
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Section 61 Short title and chapter Extent of repeal Prison Act 1952 (c. 52) Section 55(4A). Immigration Act 1971 (c. 77) In section 27, in paragraph (c) the words “as owner or agent of a ship or aircraft or”. Section 31A. Section 32(5). In Schedule 2, paragraph 4(2A). British Nationality Act 1981 In section 40A(3), the word “and” before paragraph (d). Section 41(2). In section 41(3)— the words “or (2)”, and paragraph (b). Section 42A. Asylum and Immigration Act 1996 (c. 49) Sections 8 and 8A. Immigration and Asylum Act 1999 (c. 33) Section 5. Section 27. In section 167(1), the definition of “the Immigration Acts”. Anti-terrorism, Crime and Security Act 2001 (c. 24) Section 33. Nationality, Immigration and Asylum Act 2002 (c. 41) Section 10(2)(e). Section 82(3). Section 110. Section 122. Section 158. Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) Section 25. In section 42(1) the words “, with the consent of the Treasury,”. Section 44. Civil Partnership Act 2004 (c. 33) Paragraph 2(3) of Schedule 23.
“designated customs official” and “general customs function” have the meanings given by Part 1 of the Borders, Citizenship and Immigration Act 2009,
“police purposes” has the meaning given by section 21(3) of that Act (disclosure by Secretary of State), and
This section has effect despite any restriction on the purposes for which information may be disclosed or used.
The Secretary of State and the Treasury shall jointly issue one or more codes of practice about—
the use of information shared in accordance with section 36(2), and
the extent to which, or form or manner in which, shared information is to be made available in accordance with section 36(6).
A code—
shall not be issued unless a draft has been laid before Parliament, and
shall come into force in accordance with provision made by order of the Secretary of State and the Treasury jointly.
The Secretary of State and the Treasury shall jointly from time to time review a code and may revise and re-issue it following a review; and subsection (2) shall apply to a revised code.
An order under subsection (2)—
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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A person specified in subsection (2) may disclose information obtained or held in the course of his functions to a person specified in subsection (3) if he thinks that the information is likely to be of use for a purpose specified in—
section 1 of the Security Service Act 1989 (c. 5), or
section 1 or 3 of the Intelligence Services Act 1994 (c. 13).
The persons who may disclose information in accordance with subsection (1) are—
the Secretary of State in so far as he has functions under the Immigration Acts,
a chief officer of police, and
Her Majesty’s Revenue and Customs.
The persons to whom information may be disclosed in accordance with subsection (1) are—
the Director-General of the Security Service,
the Chief of the Secret Intelligence Service, and
the Director of the Government Communications Headquarters.
The information referred to in subsection (1) is information—
which is obtained or held in the exercise of a power specified by the Secretary of State and the Treasury jointly by order and relates to—
passengers on a ship or aircraft,
crew of a ship or aircraft,
freight on a ship or aircraft, or
flights or voyages, or
which relates to such other matters in respect of travel or freight as the Secretary of State and the Treasury may jointly specify by order.
In subsection (2) “chief officer of police” means—
in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996 (c. 16),
in Scotland, the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77), and
in Northern Ireland, the chief constable of the Police Service of Northern Ireland.
An order under subsection (4) may not specify—
a power of Her Majesty’s Revenue and Customs if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, or
a matter to which that section applies.
An order under this section—
shall be made by statutory instrument, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
This section has effect despite any restriction on the purposes for which information may be disclosed or used.
A chief officer of police may disclose information obtained in accordance with section 32 or 33 to—
the States of Jersey police force;
the salaried police force of the Island of Guernsey;
the Isle of Man constabulary;
any other foreign law enforcement agency.
In subsection (1) “foreign law enforcement agency” means a person outside the United Kingdom with functions similar to functions of—
a police force in the United Kingdom, or
the National Crime Agency .
In subsection (1) “chief officer of police” means—
in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996,
in Scotland, the chief constable of the Police Service of Scotland, and
in Northern Ireland, the chief constable of the Police Service of Northern Ireland.
An authorised person may, in accordance with arrangements made under this section, search a searchable ship, aircraft, vehicle or other thing for the purpose of satisfying himself whether there are individuals whom an immigration officer might wish to examine under paragraph 2 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: administrative provisions).
For the purposes of subsection (1)—
“authorised” means authorised for the purpose of this section by the Secretary of State, and
a ship, aircraft, vehicle or other thing is “searchable” if an immigration officer could search it under paragraph 1(5) of that Schedule.
The Secretary of State may authorise a specified class of constable for the purpose of this section.
The Secretary of State may, with the consent of the Commissioners for Her Majesty's Revenue and Customs, authorise a specified class of officers of Revenue and Customs for the purpose of this section.
The Secretary of State may authorise a person other than a constable or officer of Revenue and Customs for the purpose of this section only if—
the person applies to be authorised, and
the Secretary of State thinks that the person is—
fit and proper for the purpose, and
suitably trained.
The Secretary of State—
may make arrangements for the exercise by authorised constables of the powers under subsection (1),
may make arrangements with the Commissioners for Her Majesty's Revenue and Customs for the exercise by authorised officers of Revenue and Customs of the powers under subsection (1), and
may make arrangements with one or more persons for the exercise by authorised persons other than constables and officers of Revenue and Customs of the power under subsection (1).
Where in the course of a search under this section an authorised person discovers an individual whom he thinks an immigration officer might wish to examine under paragraph 2 of that Schedule, the authorised person may—
search the individual for the purpose of discovering whether he has with him anything of a kind that might be used—
by him to cause physical harm to himself or another,
by him to assist his escape from detention, or
to establish information about his identity, nationality or citizenship or about his journey;
retain, and as soon as is reasonably practicable deliver to an immigration officer, anything of a kind described in paragraph (a) found on a search under that paragraph;
detain the individual, for a period which is as short as is reasonably necessary and which does not exceed three hours, pending the arrival of an immigration officer to whom the individual is to be delivered;
take the individual, as speedily as is reasonably practicable, to a place for the purpose of delivering him to an immigration officer there;
use reasonable force for the purpose of doing anything under paragraphs (a) to (d).
Despite the generality of subsection (7)—
an individual searched under that subsection may not be required to remove clothing other than an outer coat, a jacket or a glove (but he may be required to open his mouth), and
an item may not be retained under subsection (7)(b) if it is subject to legal privilege—
in relation to a search carried out in England and Wales, within the meaning of the Police and Criminal Evidence Act 1984 (c. 60),
in relation to a search carried out in Scotland, within the meaning of section 412 of the Proceeds of Crime Act 2002 (c. 29), and
in relation to a search carried out in Northern Ireland, within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
Arrangements under section 40(6)(c) must include provision for the appointment of a Crown servant to—
monitor the exercise of powers under that section by authorised persons (other than constables or officers of Revenue and Customs),
inspect from time to time the way in which the powers are being exercised by authorised persons (other than constables or officers of Revenue and Customs), and
investigate and report to the Secretary of State about any allegation made against an authorised person (other than a constable or officer of Revenue and Customs) in respect of anything done or not done in the purported exercise of a power under that section.
The authorisation for the purpose of section 40 of a constable or officer of Revenue and Customs or of a class of constable or officer of Revenue and Customs—
may be revoked, and
shall have effect, unless revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation.
The authorisation of a person other than a constable or officer of Revenue and Customs for the purpose of section 40—
may be subject to conditions,
may be suspended or revoked by the Secretary of State by notice in writing to the authorised person, and
shall have effect, unless suspended or revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation.
A class may be specified for the purposes of section 40(3) or (4) by reference to—
named individuals,
the functions being exercised by a person,
the location or circumstances in which a person is exercising functions, or
any other matter.
An individual or article delivered to an immigration officer under section 40 shall be treated as if discovered by the immigration officer on a search under Schedule 2 to the Immigration Act 1971 (c. 77).
A person commits an offence if he—
absconds from detention under section 40(7)(c),
absconds while being taken to a place under section 40(7)(d) or having been taken to a place in accordance with that paragraph but before being delivered to an immigration officer,
obstructs an authorised person in the exercise of a power under section 40, or
assaults an authorised person who is exercising a power under section 40.
But a person does not commit an offence under subsection (6) by doing or failing to do anything in respect of an authorised person who is not readily identifiable—
as a constable or officer of Revenue and Customs, or
as an authorised person (whether by means of a uniform or badge or otherwise).
A person guilty of an offence under subsection (6) shall be liable on summary conviction to—
imprisonment for a term not exceeding 51 weeks, in the case of a conviction in England and Wales, or six months, in the case of a conviction in Scotland or Northern Ireland,
a fine not exceeding level 5 on the standard scale, or
both.
In relation to a conviction occurring before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in subsection (8)(a) to 51 weeks shall be treated as a reference to six months.
Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be amended as follows.
In paragraph 3(1) for the words from “and if he is not” to the end substitute—and, if he is not a British citizen, for the purpose of establishing—
After paragraph 16(1A) insert—
In paragraph 21(1) after “16” insert “ (1), (1A) or (2) ”.
In section 99(1) of the Immigration and Asylum Act 1999 (c. 33) (provision of support by local authorities)—
for “asylum-seekers and their dependants (if any)” substitute “ persons ”, and
after “section” insert “ 4, ”.
In section 99(4) (expenditure) after “section” insert “ 4, ”.
In section 118(1)(b) (housing authority accommodation) for “95” substitute “ 4, 95 or 98 ”.
In the following provisions for “under Part VI of the Immigration and Asylum Act 1999” substitute “ under section 4 or Part VI of the Immigration and Asylum Act 1999 ”
section 3A(7A) of the Protection from Eviction Act 1977 (c. 43) (excluded tenancies and licences),
paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)) (non-secure tenancies),
section 23A(5A) of the Rent (Scotland) Act 1984 (c. 58) (excluded tenancies and occupancy rights),
paragraph 4A(1) of Schedule 1 to the Housing Act 1985 (c. 68) (non-secure tenancies),
paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988 (c. 43) (non-assured tenancies), and
paragraph 12A(1) of Schedule 1 to the Housing Act 1988 (c. 50) (non-assured tenancies).
A tenancy is not a Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10) if it is granted in order to provide accommodation under section 4 of the Immigration and Asylum Act 1999 (accommodation).
A tenancy which would be a Scottish secure tenancy but for subsection (4) becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to be regarded as such.
At the end of section 4 of the Immigration and Asylum Act 1999 (c. 33) (accommodation) add—
The Secretary of State may by order provide for paragraph 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (failed asylum-seeker with family: withdrawal of support) to cease to have effect.
An order under subsection (1) shall also provide for the following to cease to have effect—
section 9(1), (2) and (4) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (which insert paragraph 7A of Schedule 3 and make consequential provision), and
in section 9(3)(a) and (b) of that Act, the words “other than paragraph 7A.”
An order under subsection (1)—
may include transitional provision,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 13 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (integration loan for refugees) shall be amended as follows.
In subsection (1) for “to refugees.” substitute—
In subsection (2)(b) for “granted him indefinite leave to enter or remain” substitute “ granted him leave to enter or remain ”.
In subsection (3)(a)(iii) after “as a refugee” insert “ or since some other event) ”.
In subsection (3)(h) for “refugee” substitute “ person ”.
The heading to the section becomes “ Integration loans for refugees and others ”.
For section 5A(5A) of the Prison Act 1952 (c. 52) (removal centres: inspection) substitute—
In section 55 of that Act (extent)—
omit subsection (4A), and
after subsection (5) insert—
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Where a person’s leave to enter or remain in the United Kingdom is extended by section 3C(2)(b) or 3D(2)(a) of the Immigration Act 1971 (c. 77) (extension pending appeal), the Secretary of State may decide that the person is to be removed from the United Kingdom, in accordance with directions to be given by an immigration officer if and when the leave ends.
Directions under this section may impose any requirements of a kind prescribed for the purpose of section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of persons unlawfully in United Kingdom).
In relation to directions under this section, paragraphs 10, 11, 16 to 18, 21 and 22 to 24 of Schedule 2 to the Immigration Act 1971 (administrative provisions as to control of entry) apply as they apply in relation to directions under paragraph 8 of that Schedule.
The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.
A person shall not be liable to removal from the United Kingdom under this section at a time when section 7(1)(b) of the Immigration Act 1971 (Commonwealth and Irish citizens ordinarily resident in United Kingdom) would prevent a decision to deport him.
In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of appeal: general) after paragraph (h) insert—.
In section 92(2) of that Act (appeal from within United Kingdom) after “(f)” insert “, (ha)”.
In section 94(1A) of that Act (appeal from within United Kingdom: unfounded claim) for “or (e)” substitute “(e) or (ha)”.
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After section 44 of the British Nationality Act 1981 (c. 61) (decisions involving discretion) insert—
Rules under section 3 of the Immigration Act 1971 (c. 77)—
may require a specified procedure to be followed in making or pursuing an application or claim (whether or not under those rules or any other enactment),
may, in particular, require the use of a specified form and the submission of specified information or documents,
may make provision about the manner in which a fee is to be paid, and
may make provision for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c).
In respect of any application or claim in connection with immigration (whether or not under the rules referred to in subsection (1) or any other enactment) the Secretary of State— and the rules referred to in subsection (1) may provide for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c).
may require the use of a specified form,
may require the submission of specified information or documents, and
may direct the manner in which a fee is to be paid;
The following shall cease to have effect—
section 31A of the Immigration Act 1971 (procedure for applications), and
section 25 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (c. 19) (marriage: application for permission).
At the end of section 41(1) of the British Nationality Act 1981 (procedure) add—
In section 10(2)(c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of abode: certificate of entitlement: procedure) for “made in a specified form;” substitute “ accompanied by specified information; ”.
Paragraph 2(3) of Schedule 23 to the Civil Partnership Act 2004 (c. 33) (immigration: procedure) shall cease to have effect.
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The Secretary of State may by order require an application or claim in connection with immigration or nationality (whether or not under an enactment) to be accompanied by a specified fee.
The Secretary of State may by order provide for a fee to be charged by him, by an immigration officer or by another specified person in respect of—
the provision on request of a service (whether or not under an enactment) in connection with immigration or nationality,
a process (whether or not under an enactment) in connection with immigration or nationality,
the provision on request of advice in connection with immigration or nationality, or
the provision on request of information in connection with immigration or nationality.
Where an order under this section provides for a fee to be charged, regulations made by the Secretary of State—
shall specify the amount of the fee,
may provide for exceptions,
may confer a discretion to reduce, waive or refund all or part of a fee,
may make provision about the consequences of failure to pay a fee,
may make provision about enforcement, and
may make provision about the time or period of time at or during which a fee may or must be paid.
Fees paid by virtue of this section shall—
be paid into the Consolidated Fund, or
be applied in such other way as the relevant order may specify.
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A fee imposed under section 51 may relate to a thing whether or not it is done wholly or partly outside the United Kingdom; but that section is without prejudice to—
section 1 of the Consular Fees Act 1980 (c. 23), and
any other power to charge a fee.
Section 51 is without prejudice to the application of section 102 of the Finance (No. 2) Act 1987 (c. 51) (government fees and charges); and an order made under that section in respect of a power repealed by Schedule 2 to this Act shall have effect as if it related to the powers under section 51 above in so far as they relate to the same matters as the repealed power.
An order or regulations under section 51—
may make provision generally or only in respect of specified cases or circumstances,
may make different provision for different cases or circumstances,
may include incidental, consequential or transitional provision, and
shall be made by statutory instrument.
An order under section 51—
may be made only with the consent of the Treasury, and
may be made only if a draft has been laid before and approved by resolution of each House of Parliament.
Regulations under section 51—
may be made only with the consent of the Treasury, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A reference in section 51 to anything in connection with immigration or nationality includes a reference to anything in connection with an enactment (including an enactment of a jurisdiction outside the United Kingdom) that relates wholly or partly to immigration or nationality.
Schedule 2 (consequential amendments) shall have effect.
At the end of paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (c. 77) (deportation: power to detain) insert “ ; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him. ”
In the construction and application of Article 1(F)(c) of the Refugee Convention the reference to acts contrary to the purposes and principles of the United Nations shall be taken as including, in particular—
acts of committing, preparing or instigating terrorism (whether or not the acts amount to an actual or inchoate offence), and
acts of encouraging or inducing others to commit, prepare or instigate terrorism (whether or not the acts amount to an actual or inchoate offence).
In this section—
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and
“terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).
This section applies to an asylum appeal where the Secretary of State issues a certificate that the appellant is not entitled to the protection of Article 33(1) of the Refugee Convention because—
Article 1(F) applies to him (whether or not he would otherwise be entitled to protection), or
Article 33(2) applies to him on grounds of national security (whether or not he would otherwise be entitled to protection).
In this section—
“asylum appeal” means an appeal—
which is brought under section 82... of the Nationality, Immigration and Asylum Act 2002 (c. 41) or section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68), and
which is brought on the ground mentioned in section 84(1)(a) or (3)(a) of that Act (breach of United Kingdom's obligations under the Refugee Convention);
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951.
The First-tier Tribunal or the Special Immigration Appeals Commission must begin substantive deliberations on the asylum appeal by considering the statements in the Secretary of State's certificate.
If the Tribunal or Commission agrees with those statements it must dismiss such part of the asylum appeal as amounts to an asylum claim (before considering any other aspect of the case).
Section 72(10)(a) of the Nationality, Immigration and Asylum Act 2002 (serious criminal: Tribunal or Commission to begin by considering certificate) shall have effect subject to subsection (3) above.
Subsections (3) and (4) also apply in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.
Section 33 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (certificate of non-application of Refugee Convention) shall cease to have effect.
For section 40(2) of the British Nationality Act 1981 (c. 61) (deprivation of citizenship: prejudicing UK interests) substitute—
At the end of section 40A(3) of that Act (deprivation: appeal) add—, and ; (and omit the word “and” before section 40A(3)(d)).
After section 2 of the Immigration Act 1971 (c. 77) (right of abode) insert—
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The Secretary of State shall not grant an application for registration of an adult or young person as a citizen of any description or as a British subject under a provision listed in subsection (2) unless satisfied that the adult or young person is of good character.
Those provisions are—
sections 1(3) and (4), 3(1) and (5), 4(2) and (5), 4A, 4C, 5, 10(1) and (2), 13(1) and (3) of the British Nationality Act 1981 (c. 61) (registration as British citizen),
sections 15(3) and (4), 17(1) and (5), 22(1) and (2), 24, 27(1) and 32 of that Act (registration as British overseas territories citizen, &c.),
section 1 of the Hong Kong (War Wives and Widows) Act 1996 (c. 41) (registration as British citizen), and
section 1 of the British Nationality (Hong Kong) Act 1997 (c. 20) (registration as British citizen).
In subsection (1) “adult or young person” means a person who has attained the age of 10 at the time when the application is made.
Where the Secretary of State makes arrangements under section 43 of the British Nationality Act 1981 for a function to be exercised by some other person, subsection (1) above shall have effect in relation to that function as if the reference to the Secretary of State were a reference to that other person.
After section 153 of the Immigration and Asylum Act 1999 (c. 33) (removal centres: rules) insert—
After section 45A of the National Minimum Wage Act 1998 (c. 39) (exemptions from national minimum wage: persons discharging fines) insert—
There shall be paid out of money provided by Parliament—
any expenditure of the Secretary of State in connection with this Act, and
any increase attributable to this Act in sums payable under another enactment out of money provided by Parliament.
Schedule 3 (repeals) shall have effect.
The preceding provisions of this Act shall come into force in accordance with provision made by order of the Secretary of State.
An order under subsection (1)—
may make provision generally or only for specified purposes,
may make different provision for different purposes,
may include transitional or incidental provision or savings, and
shall be made by statutory instrument.
This Act extends to—
England and Wales,
Scotland, and
Northern Ireland.
But—
an amendment by this Act of another Act has the same extent as that Act or as the relevant part of that Act (ignoring extent by virtue of an Order in Council), and
a provision of this Act shall, so far as it relates to nationality, have the same extent as the British Nationality Act 1981 (c. 61) (disregarding excepted provisions under section 53(7) of that Act).
Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—
any of the Channel Islands;
the Isle of Man.
In subsection (3), the reference to this Act includes—
a reference to this Act as it has effect with the amendments and repeals made in it by the Police and Justice Act 2006, and
a reference to this Act as it has effect without those amendments and repeals.
Subsection (3) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (2)(b).
This Act may be cited as the Immigration, Asylum and Nationality Act 2006.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Immigration Act 1971 (c. 77),
the Immigration Act 1988 (c. 14),
the Asylum and Immigration Appeals Act 1993 (c. 23),
the Asylum and Immigration Act 1996 (c. 49),
the Immigration and Asylum Act 1999 (c. 33),
the Nationality, Immigration and Asylum Act 2002 (c. 41),
the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), and
this Act.
The following shall cease to have effect—
section 32(5) of the Immigration Act 1971 (“the Immigration Acts”),
in section 167(1) of the Immigration and Asylum Act 1999, the definition of “the Immigration Acts”,
section 158 of the Nationality, Immigration and Asylum Act 2002 (“the Immigration Acts”), and
section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (“the Immigration Acts”).
“The Immigration Acts” has the meaning given by section 64 of the Immigration, Asylum and Nationality Act 2006.