Statement by the Delegation of the Russian Federation on the International Day for the Elimination of Violence against Women, to be observed on 25 November 2016
In the 1971 Act, after section 3, insert—
In the 1971 Act, after section 3A, insert—
In the 1971 Act, after section 3B, insert—
The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of persons—
temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the 1971 Act;
released from detention under that paragraph; or
released on bail from detention under any provision of the Immigration Acts.
The Secretary of State may, with the approval of the Treasury, make regulations prescribing fees to be paid in connection with applications for—
leave to remain in the United Kingdom;
the variation of leave to enter, or remain in, the United Kingdom;
an indefinite leave stamp to be fixed on the applicant’s passport (or travel document) as the result of the renewal or replacement of his previous passport (or travel document).
If a fee prescribed in connection with an application of a particular kind is payable, no such application is to be entertained by the Secretary of State unless the fee has been paid in accordance with the regulations.
But—
a fee prescribed in connection with such an application is not payable if the basis on which the application is made is that the applicant is—
a person making a claim for asylum which claim either has not been determined or has been granted; or
a dependant of such a person; and
the regulations may provide for no fee to be payable in prescribed circumstances.
If no fee is payable in respect of some part of the application, the Secretary of State must entertain that part of the application.
“Indefinite leave stamp” means a stamp which indicates that the applicant has been granted indefinite leave to enter, or remain in, the United Kingdom.
“Claim for asylum” has the meaning given in subsection (1) of section 94; and subsection (3) of that section applies for the purposes of this section as it applies for the purposes of Part VI.
“Dependant” has such meaning as may be prescribed.
In the 1971 Act, in section 8 (exceptions for certain categories of person), for subsection (3A) (members of diplomatic missions) substitute—
In the 1971 Act, after section 8, insert—
In the 1971 Act, after section 8A, insert—
During the regularisation period overstayers may apply, in the prescribed manner, for leave to remain in the United Kingdom.
The regularisation period begins on the day prescribed for the purposes of this subsection and is not to be less than three months.
The regularisation period ends—
on the day prescribed for the purposes of this subsection; or
if later, on the day before that on which section 65 comes into force.
Section 10 and paragraph 12 of Schedule 15 come into force on the day after that on which the regularisation period ends
The Secretary of State must publicise the effect of this section in the way appearing to him to be best calculated to bring it to the attention of those affected.
“Overstayer” means a person who, having only limited leave to enter or remain in the United Kingdom, remains beyond the time limited by the leave.
A person who is not a British citizen may be removed from the United Kingdom, in accordance with directions given by an immigration officer, if—
having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave;
he has obtained leave to remain by deception; or
directions (“the first directions”) have been given for the removal, under this section, of a person (“the other person”) to whose family he belongs.
Directions may not be given under subsection (1)(a) if the person concerned has made an application for leave to remain in accordance with regulations made under section 9.
Directions may not be given under subsection (1)(c) unless the Secretary of State has given the person concerned written notice, not more than eight weeks after the other person left the United Kingdom in accordance with the first directions, that he intends to remove the person concerned from the United Kingdom.
If such a notice is sent by the Secretary of State by first class post, addressed to the person concerned’s last known address, it is to be taken to have been received by that person on the second day after the day on which it was posted.
Directions for the removal of a person under subsection (1)(c) cease to have effect if he ceases to belong to the family of the other person.
Directions under this section—
may be given only to persons falling within a prescribed class;
may impose any requirements of a prescribed kind.
In relation to any such directions, paragraphs 10, 11, 16 to 18, 21 and 22 to 24 of Schedule 2 to the 1971 Act (administrative provisions as to control of entry), apply as they apply in relation to directions given under paragraph 8 of that Schedule.
Directions for the removal of a person given under this section invalidate any leave to enter or remain in the United Kingdom given to him before the directions are given or while they are in force.
The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.
In determining whether a person in relation to whom a certificate has been issued under subsection (2) may be removed from the United Kingdom, a member State is to be regarded as—
a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and
a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.
Nothing in section 15 prevents a person who has made a claim for asylum (“the claimant”) from being removed from the United Kingdom to a member State if—
the Secretary of State has certified that—
the member State has accepted that, under standing arrangements, it is the responsible State in relation to the claimant’s claim for asylum; and
in his opinion, the claimant is not a national or citizen of the member State to which he is to be sent;
the certificate has not been set aside on an appeal under section 65.
Unless a certificate has been issued under section 72(2)(a) in relation to a person, he is not to be removed from the United Kingdom—
if he has an appeal under section 65 against the decision to remove him in accordance with this section pending; or
before the time for giving notice of such an appeal has expired.
“Standing arrangements” means arrangements in force as between member States for determining which state is responsible for considering applications for asylum.
Subsection (2) applies if the Secretary of State intends to remove a person who has made a claim for asylum (“the claimant”) from the United Kingdom to—
a member State, or a territory which forms part of a member State, otherwise than under standing arrangements; or
a country other than a member State which is designated by order made by the Secretary of State for the purposes of this section.
Nothing in section 15 prevents the claimant’s removal if—
the Secretary of State has certified that, in his opinion, the conditions set out in subsection (7) are fulfilled;
the certificate has not been set aside on an appeal under section 65.
Unless a certificate has been issued under section 72(2)(a) in relation to a person, he is not to be removed from the United Kingdom—
if he has an appeal under section 65 against the decision to remove him in accordance with subsection (2) pending; or
before the time for giving notice of such an appeal has expired.
Subsection (5) applies if the Secretary of State intends to remove a person who has made a claim for asylum (“the claimant”) from the United Kingdom to a country which is not—
a member State; or
a country designated under subsection (1)(b).
Nothing in section 15 prevents the claimant’s removal if—
the Secretary of State has certified that, in his opinion, the conditions set out in subsection (7) are fulfilled;
the certificate has not been set aside on an appeal under section 65 or 71; and
the time for giving notice of such an appeal has expired and no such appeal is pending.
For the purposes of subsection (5)(c), an appeal under section 65 is not to be regarded as pending if the Secretary of State has issued a certificate under section 72(2)(a) in relation to the allegation on which it is founded.
The conditions are that—
he is not a national or citizen of the country to which he is to be sent;
his life and liberty would not be threatened there by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and
the government of that country would not send him to another country otherwise than in accordance with the Refugee Convention.
“Standing arrangements” has the same meaning as in section 11.
This section applies if a person—
is to be removed from the United Kingdom to a country of which he is a national or citizen; but
does not have a valid passport or other document establishing his identity and nationality or citizenship and permitting him to travel.
If the country to which the person is to be removed indicates that he will not be admitted to it unless identification data relating to him are provided by the Secretary of State, he may provide them with such data.
In providing identification data, the Secretary of State must not disclose whether the person concerned has made a claim for asylum.
For the purposes of paragraph 4(1) of Schedule 4 to the Data Protection Act 1998, the provision under this section of identification data is a transfer of personal data which is necessary for reasons of substantial public interest.
“Identification data” means—
fingerprints taken under section 141; or
data collected in accordance with regulations made under section 144.
“Removed” means removed as a result of directions given under section 10 or under Schedule 2 or 3 to the 1971 Act.
Directions for, or requiring arrangements to be made for, the removal of a person from the United Kingdom may include or be amended to include provision for the person who is to be removed to be accompanied by an escort consisting of one or more persons specified in the directions.
The Secretary of State may by regulations make further provision supplementing subsection (1).
The regulations may, in particular, include provision—
requiring the person to whom the directions are given to provide for the return of the escort to the United Kingdom;
requiring him to bear such costs in connection with the escort (including, in particular, remuneration) as may be prescribed;
as to the cases in which the Secretary of State is to bear those costs;
prescribing the kinds of expenditure which are to count in calculating the costs incurred in connection with escorts.
During the period beginning when a person makes a claim for asylum and ending when the Secretary of State gives him notice of the decision on the claim, he may not be removed from, or required to leave, the United Kingdom.
Subsection (1) does not prevent—
directions for his removal being given during that period;
a deportation order being made against him during that period.
But no such direction or order is to have effect during that period.
This section is to be treated as having come into force on 26 July 1993.
In such circumstances as may be specified, the Secretary of State may require security to be given, with respect to a person applying for entry clearance, before clearance is given.
In such circumstances as may be specified—
the Secretary of State may accept security with respect to a person who is applying for entry clearance but for whom security is not required; and
in determining whether to give clearance, account may be taken of any security so provided.
“Security” means— with a view to securing that the applicant will, if given leave to enter the United Kingdom for a limited period, leave the United Kingdom at the end of that period.
the deposit of a sum of money by the applicant, his agent or any other person, or
the provision by the applicant, his agent or any other person of a financial guarantee of a specified kind,
Immigration rules must make provision as to the circumstances in which a security provided under this section—
is to be repaid, released or otherwise cancelled; or
is to be forfeited or otherwise realised by the Secretary of State.
No security provided under this section may be forfeited or otherwise realised unless the person providing it has been given an opportunity, in accordance with immigration rules, to make representations to the Secretary of State.
Immigration rules may, in particular—
fix the maximum amount that may be required, or accepted, by way of security provided under this section;
specify the form and manner in which such a security is to be given or may be accepted;
make provision, where such a security has been forfeited or otherwise realised, for the person providing it to be reimbursed in such circumstances as may be specified;
make different provision for different cases or descriptions of case.
“Specified” means specified by immigration rules.
Any security forfeited or otherwise realised by the Secretary of State under this section must be paid into the Consolidated Fund.
This section applies if security has been provided under section 16(1) or (2) with respect to a person who, having entered the United Kingdom (with leave to do so), applies—
to extend his leave to enter the United Kingdom; or
for leave to remain in the United Kingdom for a limited period.
The Secretary of State may refuse the application if security of such kind as the Secretary of State considers appropriate is not provided, or continued, with respect to the applicant.
Immigration rules must make provision as to the circumstances in which a security provided under this section—
is to be repaid, released or otherwise cancelled; or
is to be forfeited or otherwise realised by the Secretary of State.
No security provided under this section may be forfeited or otherwise realised unless the person providing it has been given an opportunity, in accordance with immigration rules, to make representations to the Secretary of State.
Subsection (7) of section 16 applies in relation to this section as it applies in relation to that section.
Any security forfeited or otherwise realised by the Secretary of State under this section must be paid into the Consolidated Fund.
In the 1971 Act, in Schedule 2, after paragraph 27, insert—
In the 1971 Act, in Schedule 2, after paragraph 27B, insert—
This section applies to information held by—
a chief officer of police;
the Director General of the National Criminal Intelligence Service;
the Director General of the National Crime Squad;
the Commissioners of Customs and Excise, or a person providing services to them in connection with the provision of those services;
a person with whom the Secretary of State has made a contract or other arrangements under section 95 or 98 or a sub-contractor of such a person; or
any specified person, for purposes specified in relation to that person.
The information may be supplied to the Secretary of State for use for immigration purposes.
“Immigration purposes” means any of the following—
the administration of immigration control under the Immigration Acts;
the prevention, detection, investigation or prosecution of criminal offences under those Acts;
the imposition of penalties or charges under Part II;
the provision of support for asylum-seekers and their dependants under Part VI;
such other purposes as may be specified.
“Chief officer of police” means—
the chief officer of police for a police area in England and Wales;
the chief constable of a police force maintained under the Police (Scotland) Act 1967;
the Chief Constable of the Royal Ulster Constabulary.
“Specified” means specified in an order made by the Secretary of State.
This section does not limit the circumstances in which information may be supplied apart from this section.
This section applies to information held by the Secretary of State in connection with the exercise of functions under any of the Immigration Acts.
The information may be supplied to—
a chief officer of police, for use for police purposes;
the Director General of the National Criminal Intelligence Service, for use for NCIS purposes;
the Director General of the National Crime Squad, for use for NCS purposes;
the Commissioners of Customs and Excise, or a person providing services to them, for use for customs purposes; or
any specified person, for use for purposes specified in relation to that person.
“Police purposes” means any of the following—
the prevention, detection, investigation or prosecution of criminal offences;
safeguarding national security;
such other purposes as may be specified.
“NCIS purposes” means any of the functions of the National Criminal Intelligence Service mentioned in section 2 of the Police Act 1997.
“NCS purposes” means any of the functions of the National Crime Squad mentioned in section 48 of that Act.
“Customs purposes” means any of the Commissioners' functions in relation to—
the prevention, detection, investigation or prosecution of criminal offences;
the prevention, detection or investigation of conduct in respect of which penalties which are not criminal penalties are provided for by or under any enactment;
the assessment or determination of penalties which are not criminal penalties;
checking the accuracy of information relating to, or provided for purposes connected with, any matter under the care and management of the Commissioners or any assigned matter (as defined by section 1(1) of the Customs and Excise Management Act 1979);
amending or supplementing any such information (where appropriate);
legal or other proceedings relating to anything mentioned in paragraphs (a) to (e);
safeguarding national security; and
such other purposes as may be specified.
“Chief officer of police” and “specified” have the same meaning as in section 20.
This section does not limit the circumstances in which information may be supplied apart from this section.
In the Asylum and Immigration Act 1996, after section 8, insert—
The Secretary of State must appoint a person to monitor, in such a manner as the Secretary of State may determine, refusals of entry clearance in cases where there is, as a result of section 60(5), no right of appeal.
But the Secretary of State may not appoint a member of his staff.
The monitor must make an annual report on the discharge of his functions to the Secretary of State.
The Secretary of State must lay a copy of any report made to him under subsection (3) before each House of Parliament.
The Secretary of State may pay to the monitor such fees and allowances as he may determine.
Subsection (3) applies if— has reasonable grounds for suspecting that the marriage will be a sham marriage.
a superintendent registrar to whom a notice of marriage has been given under section 27 of the Marriage Act 1949,
any other person who, under section 28(2) of that Act, has attested a declaration accompanying such a notice,
a district registrar to whom a marriage notice or an approved certificate has been submitted under section 3 of the Marriage (Scotland) Act 1977, or
a registrar or deputy registrar to whom notice has been given under section 13 of the Marriages (Ireland) Act 1844 or section 4 of the Marriage Law (Ireland) Amendment Act 1863,
Subsection (3) also applies if—
a marriage is solemnized in the presence of a registrar of marriages or, in relation to Scotland, an authorised registrar (within the meaning of the Act of 1977); and
before, during or immediately after solemnization of the marriage, the registrar has reasonable grounds for suspecting that the marriage will be, or is, a sham marriage.
The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.
The regulations are to be made—
in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer;
in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;
in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.
“Sham marriage” means a marriage (whether or not void)—
entered into between a person (“A”) who is neither a British citizen nor a national of an EEA State other than the United Kingdom and another person (whether or not such a citizen or such a national); and
entered into by A for the purpose of avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules.
The person responsible for the management of a control port (“the manager”) must provide the Secretary of State free of charge with such facilities at the port as the Secretary of State may direct as being reasonably necessary for, or in connection with, the operation of immigration control there.
Before giving such a direction, the Secretary of State must consult such persons likely to be affected by it as he considers appropriate.
If the Secretary of State gives such a direction, he must send a copy of it to the person appearing to him to be the manager.
If the manager persistently fails to comply with the direction (or part of it), the Secretary of State may—
in the case of a control port which is not a port of entry, revoke any approval in relation to the port given under paragraph 26(1) of Schedule 2 to the 1971 Act;
in the case of a control port which is a port of entry, by order revoke its designation as a port of entry.
A direction under this section is enforceable, on the application of the Secretary of State—
by injunction granted by a county court; or
in Scotland, by an order under section 45 of the Court of Session Act 1988.
“Control port” means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the 1971 Act.
“Facilities” means accommodation, facilities, equipment and services of a class or description specified in an order made by the Secretary of State.
The Secretary of State may, at the request of any person and in consideration of such charges as he may determine, make arrangements—
for the provision at any control port of immigration officers or facilities in addition to those (if any) needed to provide a basic service at the port;
for the provision of immigration officers or facilities for dealing with passengers of a particular description or in particular circumstances.
“Control port” has the same meaning as in section 25.
“Facilities” includes equipment.
“Basic service” has such meaning as may be prescribed.
The Secretary of State may, with the approval of the Treasury, make regulations prescribing fees to be paid in connection with applications to him for travel documents.
If a fee is prescribed in connection with an application of a particular kind, no such application is to be entertained by the Secretary of State unless the fee has been paid in accordance with the regulations.
In respect of any period before the coming into force of this section, the Secretary of State is to be deemed always to have had power to impose charges in connection with—
applications to him for travel documents; or
the issue by him of travel documents.
“Travel document” does not include a passport.
In the 1971 Act, after section 24, insert—
Section 25 of the 1971 Act (assisting illegal entry) is amended as follows.
In subsection (1), for “seven” substitute “ten”.
For subsection (1A) substitute—
In subsection (5), for “Subsection (1)(a)” substitute “Paragraphs (a) and (b) of subsection (1)”.
Section 26 of the 1971 Act (general offences in connection with administration of the Act) is amended as follows.
In subsection (1)(c), for “this Act” substitute “a relevant enactment”.
After subsection (2), insert—
It is a defence for a refugee charged with an offence to which this section applies to show that, having come to the United Kingdom directly from a country where his life or freedom was threatened (within the meaning of the Refugee Convention), he—
presented himself to the authorities in the United Kingdom without delay;
showed good cause for his illegal entry or presence; and
made a claim for asylum as soon as was reasonably practicable after his arrival in the United Kingdom.
If, in coming from the country where his life or freedom was threatened, the refugee stopped in another country outside the United Kingdom, subsection (1) applies only if he shows that he could not reasonably have expected to be given protection under the Refugee Convention in that other country.
In England and Wales and Northern Ireland the offences to which this section applies are any offence, and any attempt to commit an offence, under—
Part I of the Forgery and Counterfeiting Act 1981 (forgery and connected offences);
section 24A of the 1971 Act (deception); or
section 26(1)(d) of the 1971 Act (falsification of documents).
In Scotland, the offences to which this section applies are those— and any attempt to commit any of those offences.
of fraud,
of uttering a forged document,
under section 24A of the 1971 Act (deception), or
under section 26(1)(d) of the 1971 Act (falsification of documents),
A refugee who has made a claim for asylum is not entitled to the defence provided by subsection (1) in relation to any offence committed by him after making that claim.
“Refugee” has the same meaning as it has for the purposes of the Refugee Convention.
If the Secretary of State has refused to grant a claim for asylum made by a person who claims that he has a defence under subsection (1), that person is to be taken not to be a refugee unless he shows that he is.
A person who— may apply to the Criminal Cases Review Commission with a view to his case being referred to the Court of Appeal by the Commission on the ground that he would have had a defence under this section had it been in force at the material time.
was convicted in England and Wales or Northern Ireland of an offence to which this section applies before the commencement of this section, but
at no time during the proceedings for that offence argued that he had a defence based on Article 31(1),
A person who— may apply to the Scottish Criminal Cases Review Commission with a view to his case being referred to the High Court of Justiciary by the Commission on the ground that he would have had a defence under this section had it been in force at the material time.
was convicted in Scotland of an offence to which this section applies before the commencement of this section, but
at no time during the proceedings for that offence argued that he had a defence based on Article 31(1),
The Secretary of State may by order amend— by adding offences to those for the time being listed there.
subsection (3), or
subsection (4),
Before making an order under subsection (10)(b), the Secretary of State must consult the Scottish Ministers.
A person is a clandestine entrant if—
he arrives in the United Kingdom concealed in a vehicle, ship or aircraft,
he passes, or attempts to pass, through immigration control concealed in a vehicle, or
he arrives in the United Kingdom on a ship or aircraft, having embarked— and claims, or indicates that he intends to seek, asylum in the United Kingdom or evades, or attempts to evade, immigration control.
concealed in a vehicle; and
at a time when the ship or aircraft was outside the United Kingdom,
The person (or persons) responsible for a clandestine entrant is (or are together) liable to—
a penalty of the prescribed amount in respect of the clandestine entrant; and
an additional penalty of that amount in respect of each person who was concealed with the clandestine entrant in the same transporter.
A penalty imposed under this section must be paid to the Secretary of State before the end of the prescribed period.
Payment of the full amount of a penalty by one or more of the persons responsible for the clandestine entrant discharges the liability of each of the persons responsible for that entrant.
In the case of a clandestine entrant to whom subsection (1)(a) applies, each of the following is a responsible person—
if the transporter is a ship or aircraft, the owner or captain;
if it is a vehicle (but not a detached trailer), the owner, hirer or driver of the vehicle;
if it is a detached trailer, the owner, hirer or operator of the trailer.
In the case of a clandestine entrant to whom subsection (1)(b) or (c) applies, each of the following is a responsible person—
if the transporter is a detached trailer, the owner, hirer or operator of the trailer;
if it is not, the owner, hirer or driver of the vehicle.
Subject to any defence provided by section 34, it is immaterial whether a responsible person knew or suspected—
that the clandestine entrant was concealed in the transporter; or
that there were one or more other persons concealed with the clandestine entrant in the same transporter.
Subsection (9) applies if a transporter (“the carried transporter”) is itself being carried in or on another transporter.
If a person is concealed in the carried transporter, the question whether any other person is concealed with that person in the same transporter is to be determined by reference to the carried transporter and not by reference to the transporter in or on which it is carried.
“Immigration control” means United Kingdom immigration control and includes any United Kingdom immigration control operated in a prescribed control zone outside the United Kingdom.
The Secretary of State must issue a code of practice to be followed by any person operating a system for preventing the carriage of clandestine entrants.
Before issuing the code, the Secretary of State must—
consult such persons as he considers appropriate; and
lay a draft before both Houses of Parliament.
The requirement of subsection (2)(a) may be satisfied by consultation before the passing of this Act.
After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order.
The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.
Subsections (2) and (4) also apply to any revision, or proposed revision, of the code.
This section applies if it is alleged that a person (“the carrier”) is liable to a penalty under section 32.
It is a defence for the carrier to show that he, or an employee of his who was directly responsible for allowing the clandestine entrant to be concealed, was acting under duress.
It is also a defence for the carrier to show that—
he did not know, and had no reasonable grounds for suspecting, that a clandestine entrant was, or might be, concealed in the transporter;
an effective system for preventing the carriage of clandestine entrants was in operation in relation to the transporter; and
that on the occasion in question the person or persons responsible for operating that system did so properly.
In determining, for the purposes of this section, whether a particular system is effective, regard is to be had to the code of practice issued by the Secretary of State under section 33.
If there are two or more persons responsible for a clandestine entrant, the fact that one or more of them has a defence under subsection (3) does not affect the liability of the others.
But if a person responsible for a clandestine entrant has a defence under subsection (2), the liability of any other person responsible for that entrant is discharged.
If the Secretary of State decides that a person (“P”) is liable to one or more penalties under section 32, he must notify P of his decision.
A notice under subsection (1) (a “penalty notice”) must—
state the Secretary of State’s reasons for deciding that P is liable to the penalty (or penalties);
state the amount of the penalty (or penalties) to which P is liable;
specify the date before which, and the manner in which, the penalty (or penalties) must be paid; and
include an explanation of the steps—
that P must take if he objects to the penalty;
that the Secretary of State may take under this Part to recover any unpaid penalty.
Subsection (4) applies if more than one person is responsible for a clandestine entrant.
If a penalty notice is served on one of the responsible persons, the Secretary of State is to be taken to have served the required penalty notice on each of them.
The Secretary of State must nevertheless take reasonable steps, while the penalty remains unpaid, to secure that the penalty notice is actually served on each of those responsible persons.
If a person on whom a penalty notice is served, or who is treated as having had a penalty notice served on him, alleges that he is not liable for one or more, or all, of the penalties specified in the penalty notice, he may give written notice of his allegation to the Secretary of State.
Notice under subsection (6) (“a notice of objection”) must—
give reasons for the allegation; and
be given before the end of such period as may be prescribed.
If a notice of objection is given before the end of the prescribed period, the Secretary of State must consider it and determine whether or not any penalty to which it relates is payable.
The Secretary of State may by regulations provide, in relation to detached trailers, for a penalty notice which is served in such manner as may be prescribed to have effect as a penalty notice properly served on the responsible person or persons concerned under this section.
Any sum payable to the Secretary of State as a penalty under section 32 may be recovered by the Secretary of State as a debt due to him.
If a penalty notice has been given under section 35, a senior officer may detain any relevant— until all penalties to which the notice relates, and any expenses reasonably incurred by the Secretary of State in connection with the detention, have been paid.
vehicle,
small ship, or
small aircraft,
That power—
may be exercised only if, in the opinion of the senior officer concerned, there is a significant risk that the penalty (or one or more of the penalties) will not be paid before the end of the prescribed period if the transporter is not detained; and
may not be exercised if alternative security which the Secretary of State considers is satisfactory, has been given.
If a transporter is detained under this section, the owner, consignor or any other person who has an interest in any freight or other thing carried in or on the transporter may remove it, or arrange for it to be removed, at such time and in such way as is reasonable.
The detention of a transporter under this section is lawful even though it is subsequently established that the penalty notice on which the detention was based was ill-founded in respect of all or any of the penalties to which it related.
But subsection (4) does not apply if the Secretary of State was acting unreasonably in issuing the penalty notice.
This section applies if a transporter is detained under section 36.
The person to whom the penalty notice was addressed, or the owner or any other person claiming an interest in the transporter, may apply to the court for the transporter to be released.
The court may release the transporter if it considers that—
satisfactory security has been tendered in place of the transporter for the payment of the penalty alleged to be due and connected expenses;
there is no significant risk that the penalty (or one or more of the penalties) and any connected expenses will not be paid; or
there is a significant doubt as to whether the penalty is payable and the applicant has a compelling need to have the transporter released.
If the court has not ordered the release of the transporter, the Secretary of State may sell it if the penalty in question and connected expenses are not paid before the end of the period of 84 days beginning with the date on which the detention began.
“Connected expenses” means expenses reasonably incurred by the Secretary of State in connection with the detention.
Schedule 1 applies to the sale of transporters under this section.
or
After section 25, insert—
Subsection (1) has effect in relation to offences committed after the coming into force of that subsection.
Subsection (2) has effect in relation to persons arrested for offences alleged to have been committed after the coming into force of that subsection.
The Secretary of State may make regulations applying (with or without modification) any provision of this Part for the purpose of enabling penalties to be imposed in respect of a person (“a clandestine entrant”) who—
arrives in the United Kingdom concealed in a rail freight wagon; and
claims, or indicates that he intends to seek, asylum in the United Kingdom or evades, or attempts to evade, immigration control.
The regulations may, in particular, make provision—
enabling additional penalties to be imposed in respect of persons concealed with the clandestine entrant;
as to which person is (or which persons are together) liable to penalties in respect of the clandestine entrant;
for conferring on a senior officer a power to detain any relevant rail freight wagon in prescribed circumstances;
for conferring on the Secretary of State a power to sell in prescribed circumstances a rail freight wagon which has been detained.
Before making any regulations under this section, the Secretary of State must consult, in the way he considers appropriate, persons appearing to him to be likely to be affected by the imposition of penalties under the regulations.
This section applies if a person requiring leave to enter the United Kingdom arrives in the United Kingdom by ship, aircraft, road passenger vehicle or train and, on being required to do so by an immigration officer, fails to produce—
a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and
if he requires a visa, a valid visa of the required kind.
The Secretary of State may charge the owner of the ship, aircraft or vehicle or the train operator, in respect of that person, the sum of £2,000 or such other sum as may be prescribed.
The charge is payable to the Secretary of State on demand.
No charge is payable in respect of any person who is shown by the owner or train operator to have produced the required document or documents to him or his representative when embarking—
on the ship or aircraft for the voyage or flight to the United Kingdom; or
on the vehicle or train for the journey to the United Kingdom.
No charge is payable by a train operator, or by the owner of a road passenger vehicle, in respect of a person (“A”), if he shows that—
neither he nor his representative was permitted, under the law applicable to the place where A embarked on the journey to the United Kingdom, to require A to produce to him when embarking the required document or documents;
he had in place satisfactory arrangements (including, where appropriate, arrangements with other persons) designed to ensure that he did not carry passengers who did not, or might not, have documents of the required kind;
all such steps as were practicable were taken in accordance with the arrangements to establish whether A had the required document or documents; and
all such steps as were practicable were taken in accordance with the arrangements to prevent A’s arrival in the United Kingdom where—
A refused to produce the required document or documents to a person acting in accordance with the arrangements; or
for other reasons it appeared to that person that A did not, or might not, have the required document or documents.
For the purposes of subsections (4) and (5), a document—
is to be regarded as being what it purports to be unless its falsity is reasonably apparent; and
is to be regarded as relating to the person producing it unless it is reasonably apparent that it relates to another person.
Subsection (8) applies if—
a person arrives in the United Kingdom in circumstances in which the Secretary of State is entitled to impose on the owner of a road passenger vehicle a charge under this section in respect of that person; and
the vehicle arrived in the United Kingdom in a ship or aircraft.
The Secretary of State may impose a charge in respect of the arrival of the vehicle, or a charge in respect of the arrival of the ship or aircraft, but not in respect of both.
The Secretary of State may by order provide that this section is not to apply in relation to passengers arriving in the United Kingdom on a train who embarked on the journey to the United Kingdom—
in a country specified in the order; or
at places so specified within a country so specified.
The Secretary of State may make an order under subsection (9) only if he is satisfied that there is in force between the United Kingdom and the country concerned an agreement providing for the operation of United Kingdom immigration control in that country or for the checking of passports and visas there.
“Road passenger vehicle” means a vehicle—
which is adapted to carry more than eight passengers and is being used for carrying passengers for hire or reward; or
which is not so adapted but is being used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.
For the purposes of this section a person requires a visa if—
under the immigration rules he requires a visa for entry into the United Kingdom; or
as a result of section 41 he requires a visa for passing through the United Kingdom.
“Representative”, in relation to a person, means an employee or agent of his.
The Secretary of State may by order require transit passengers to hold a transit visa.
“Transit passengers” means persons of any description specified in the order who on arrival in the United Kingdom pass through to another country without entering the United Kingdom; and “transit visa” means a visa for that purpose.
The order—
may specify a description of persons by reference to nationality, citizenship, origin or other connection with any particular country but not by reference to race, colour or religion;
may not provide for the requirement imposed by the order to apply to any person who under the 1971 Act has the right of abode in the United Kingdom;
may provide for any category of persons of a description specified in the order to be exempt from the requirement imposed by the order;
may make provision about the method of application for visas required by the order.
A senior officer may, pending payment of any charge imposed under section 40, detain—
the transporter in which the person in respect of whom the charge was imposed was carried; or
any other transporter used (on any route) in the course of providing a service of carriage of passengers by sea, air or land by the person on whom the charge was imposed.
If a transporter is detained under subsection (1) it may continue to be detained pending payment of any connected expenses.
The court may release the transporter if it considers that—
satisfactory security has been tendered in place of the transporter for the payment of the charge alleged to be due and connected expenses;
there is no significant risk that the charge and any connected expenses will not be paid; or
there is a significant doubt as to whether the charge is payable and the applicant has a compelling need to have the transporter released.
If the court has not ordered the release of the transporter, the Secretary of State may sell it if the charge in question and connected expenses are not paid before the end of the period of 84 days beginning with the date on which the detention began.
The detention of a transporter under this section is lawful even though it is subsequently established that the imposition of the charge on which the detention was based was ill-founded.
But subsection (5) does not apply if the Secretary of State was acting unreasonably in imposing the charge.
“Connected expenses” means expenses reasonably incurred by the Secretary of State in connection with the detention.
Schedule 1 applies to the sale of transporters under this section.
In this Part—
“short-term holding facility” means a place used solely for the detention of detained persons for a period of not more than seven days or for such other period as may be prescribed.
“supported person” means— who has applied for support and for whom support is provided under section 95.
in relation to England and Wales, has the same meaning as in the Criminal Justice Act 1991;
“determined” means determined in accordance with regulations made by virtue of subsection (11)(a) of section 101, and
“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being;
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;
“prisoner custody officer”—
in relation to Northern Ireland, has the meaning given in section 122(1) of that Act of 1994;
Sections 37(6) and 42(8).
The sale of a transporter requires the leave of the court. The court is not to give its leave except on proof—
Before applying for leave to sell a transporter, the Secretary of State must take such steps as may be prescribed—
for bringing the proposed sale to the notice of persons whose interests may be affected by a decision of the court to grant leave; and
for affording to any such person an opportunity of becoming a party to the proceedings if the Secretary of State applies for leave.
If leave for sale is given, the Secretary of State must secure that the transporter is sold for the best price that can reasonably be obtained.
Failure to comply with any requirement of paragraph 2 or 3 in respect of any sale—
is actionable against the Secretary of State at the suit of any person suffering loss in consequence of the sale; but
after the sale has taken place, does not affect its validity.
Any proceeds of sale arising from a sale under section 37 or 42 must be applied— The regulations may, in particular, provide for proceeds of sale to be applied in payment— but not necessarily in that order of priority.
“vehicle” includes a trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle.
Section 56(2).
The members of the Tribunal are to be appointed by the Lord Chancellor. The Lord Chancellor may appoint such number of legally qualified members and of other members as he considers appropriate. A person is legally qualified if—
The Lord Chancellor must appoint one legally qualified member to be President of the Tribunal and another such member to be Deputy President. The Deputy President is to have such functions in relation to the Tribunal as the President may assign to him. If the President is temporarily absent or otherwise unable to act, the Deputy President may act on his behalf.
Each member of the Tribunal— But sub-paragraph (1)(d) is subject to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
The Lord Chancellor must pay to the members such remuneration and allowances as he may determine.
If a person ceases to be a member and it appears to the Lord Chancellor that there are special circumstances which make it right that he should receive compensation, the Lord Chancellor may pay him a sum of such amount as the Lord Chancellor may determine.
For the purpose of hearing and determining appeals under this Act or any matter preliminary or incidental to such an appeal, the Tribunal must sit at such times and in such place or places as the Lord Chancellor may direct. The Tribunal may sit in two or more divisions. The jurisdiction of the Tribunal may be exercised by such number of members as the President may direct. A direction under sub-paragraph (3) may— “Specified” means specified in the direction.
The Lord Chancellor may appoint such staff for the Tribunal as he may determine. The remuneration of the Tribunal’s staff is to be defrayed by the Lord Chancellor. Such expenses of the Tribunal as the Lord Chancellor may determine are to be defrayed by the Lord Chancellor.
Section 57(3).
The Lord Chancellor may appoint one of the adjudicators as Deputy Chief Adjudicator. The Lord Chancellor may appoint as Regional Adjudicators such number of the adjudicators as he may determine. A person appointed under sub-paragraph (1) or (2) is to have such functions as the Chief Adjudicator may assign to him. If the Chief Adjudicator is temporarily absent or otherwise unable to act, the Deputy Chief Adjudicator may act on his behalf.
A person is qualified for appointment as an adjudicator only if—
he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
he is an advocate or solicitor in Scotland of at least 7 years' standing;
he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing; or
he has such legal and other experience as appears to the Lord Chancellor to make him suited for appointment as an adjudicator.
Each adjudicator— But sub-paragraph (1)(d) is subject to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
The Lord Chancellor must pay to the adjudicators such remuneration and allowances as he may determine.
If a person ceases to be an adjudicator and it appears to the Lord Chancellor that there are special circumstances which make it right that he should receive compensation, the Lord Chancellor may pay him a sum of such amount as the Lord Chancellor may determine.
The adjudicators must sit at such times and at such places as the Lord Chancellor may direct. The Chief Adjudicator— The Chief Adjudicator may direct that, in a specified case or category of case, an appeal to an adjudicator is to be heard by such number of adjudicators as may be specified. “Specified” means specified in the direction.
The Lord Chancellor may appoint such staff for the adjudicators as he may determine. The remuneration of the adjudicators' staff is to be defrayed by the Lord Chancellor. Such expenses of the adjudicators as the Lord Chancellor may determine are to be defrayed by the Lord Chancellor.
Section 58(2) to (4).
The Secretary of State may by regulations provide— For the purpose of any proceedings under Part IV, a statement included in a notice in accordance with the regulations is conclusive as to the person by whom and the ground on which any decision or action was taken.
If a notice given under regulations made under paragraph 1 is sent by first class post, addressed to the person to whom the notice is required to be given, it is to be taken to have been received by that person on the second day after the day on which it was posted unless the contrary is proved.
The Lord Chancellor may make rules—
for regulating the exercise of the rights of appeal conferred by Part IV;
for prescribing the practice and procedure to be followed on or in connection with appeals under Part IV, including the mode and burden of proof and admissibility of evidence on such an appeal; and
for other matters preliminary or incidental or arising out of such appeals, including proof of the decisions of the adjudicator or the Immigration Appeal Tribunal.
The rules may include provision— The rules must provide that any appellant is to have the right to be legally represented at any hearing of his appeal. Nothing in this paragraph affects the scope of the power conferred by paragraph 3. In this Schedule “rules” means rules under this paragraph.
The President of the Tribunal may give directions as to the practice and procedure to be followed by the Tribunal in relation to appeals and applications to it. The Chief Adjudicator may give directions as to the practice and procedure to be followed by adjudicators in relation to appeals and applications to them.
Sub-paragraph (2) applies if, on an appeal under Part IV, it is alleged— The adjudicator or Tribunal must arrange—
If, under the rules, leave to appeal to the Tribunal is required in cases in which an adjudicator dismisses an appeal under section 59, the authority having power to grant leave must grant it—
if the appeal was against a decision that the appellant required leave to enter the United Kingdom and the authority is satisfied that at the time of the decision he held a certificate of entitlement; and
if the appeal was against a refusal of leave to enter and the authority is satisfied that—
at the time of the refusal the appellant held an entry clearance; and
the dismissal of the appeal was not required by paragraph 24.
A person who is required under or in accordance with the rules to attend and give evidence or produce documents before an adjudicator or the Tribunal, and fails without reasonable excuse to comply with the requirement is guilty of an offence and liable on summary conviction to a fine not exceeding level three on the standard scale.
This paragraph applies to an appeal under Part IV of this Act by a person who claims that it would be contrary to the Convention for him to be removed from, or to be required to leave, the United Kingdom, if the Secretary of State has certified that, in his opinion, that claim is one to which— If, on an appeal to which this paragraph applies, the adjudicator agrees that the claim is one to which this paragraph applies, paragraph 22 does not confer on the appellant any right to appeal to the Immigration Appeal Tribunal. This sub-paragraph applies to a claim if, on his arrival in the United Kingdom, the appellant was required by an immigration officer to produce a valid passport and— This sub-paragraph applies to a claim under the Refugee Convention if— This sub-paragraph applies to a claim under the Human Rights Convention if— This sub-paragraph applies to a claim if— This sub-paragraph applies to a claim if the evidence adduced in its support establishes a reasonable likelihood that the appellant has been tortured in the country to which he is to be sent. “Contrary to the Convention” means contrary to the United Kingdom’s obligations under the Refugee Convention or the Human Rights Convention.
If a person in the United Kingdom appeals under section 59 or 69(1) on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given while the appeal is pending.
If a person in the United Kingdom appeals under section 66, 67 or 69(5) against any directions given under— for his removal from the United Kingdom, those directions except in so far as they have already been carried out, are to have no effect while the appeal is pending.
section 10,
Part I of Schedule 2 to the 1971 Act, or
Schedule 3 to that Act,
But the provisions of Part I of Schedule 2 or, as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under section 59, 66, 67 or 69(1) or (5), as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.
In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for— any period during which there is pending an appeal by him under section 59, 67 or 69(1) of this Act is to be disregarded.
the giving of directions under that paragraph for the removal of a person from the United Kingdom, and
the giving of a notice of intention to give such directions,
For the purposes of paragraphs 10 to 12 (but not for purposes of paragraph 13), except in so far as those paragraphs apply to appeals under section 69, where an appeal to an adjudicator is dismissed, an appeal is not to be regarded as pending unless immediately after the dismissal—
the appellant gives notice of appeal against the determination of the adjudicator; or
in a case in which leave to appeal against that determination is required and the adjudicator has power to grant leave, the appellant applies for and obtains the leave of the adjudicator.
If directions are given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for a person’s removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under section 59, 63, 66, 67 or 69(1) or (5), the appeal is to have the same effect under paragraphs 10 to 14 in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant.
A variation is not to take effect while an appeal against the variation is pending under section 61 or 69(2).
While an appeal under section 61 or 69(2) is pending, the leave to which the appeal relates and any conditions subject to which it was granted continue to have effect. A person may not make an application for a variation of his leave to enter or remain while that leave is treated as continuing to have effect as a result of sub-paragraph (1). For the purposes of section 61 or 69(2), in calculating whether, as a result of a decision, a person may be required to leave the United Kingdom within 28 days, a continuation of leave under this paragraph is to be disregarded.
A deportation order is not to be made against a person under section 5 of the 1971 Act while an appeal duly brought under section 63(1)(a) or 69(4)(a) against the decision to make it is pending.
In calculating the period of 8 weeks set by section 5(3) of the 1971 Act for making a deportation order against a person as belonging to the family of another person, there is to be disregarded any period during which an appeal under section 63(1)(a) or 69(4)(a) against the decision to make the order is pending.
A person is not to be required to leave, or be removed from, the United Kingdom if an appeal under section 65 is pending against the decision on which that requirement or removal would otherwise be based. That does not prevent— But no such direction or order is to have effect during that period.
On an appeal to him under Part IV, an adjudicator must allow the appeal if he considers— but otherwise must dismiss the appeal. Sub-paragraph (1) is subject to paragraph 24 and to any restriction on the grounds of appeal. For the purposes of sub-paragraph (1), the adjudicator may review any determination of a question of fact on which the decision or action was based. For the purposes of sub-paragraph (1)(b), no decision or action which is in accordance with the immigration rules is to be treated as having involved the exercise of a discretion by the Secretary of State by reason only of the fact that he has been requested by or on behalf of the appellant to depart, or to authorise an officer to depart, from the rules and has refused to do so. If an appeal is allowed, the adjudicator— The duty to comply with directions given under this paragraph is subject to paragraph 22.
Subject to any requirement of rules made under paragraph 3 as to leave to appeal, any party to an appeal, other than an appeal under section 71, to an adjudicator may, if dissatisfied with his determination, appeal to the Immigration Appeal Tribunal. The Tribunal may affirm the determination or make any other determination which the adjudicator could have made. Sub-paragraphs (4) to (6) apply if directions have been given by an adjudicator under paragraph 21. The directions need not be complied with— If the Tribunal affirm the adjudicator’s determination allowing the appeal, they may alter or add to his directions and recommendations under paragraph 21 or replace them with their own directions and recommendations. The provisions of paragraph 21 are to apply accordingly. If an appeal is dismissed by an adjudicator but allowed by the Tribunal, paragraph 21 applies with the substitution of references to the Tribunal for references to the adjudicator.
If the Immigration Appeal Tribunal has made a final determination of an appeal brought under Part IV, any party to the appeal may bring a further appeal to the appropriate appeal court on a question of law material to that determination. An appeal under this section may be brought only with the leave of the Immigration Appeal Tribunal or, if such leave is refused, of the appropriate appeal court. “Appropriate appeal court” means—
An appeal against a refusal of leave to enter the United Kingdom must be dismissed by the adjudicator if he is satisfied that the appellant was at the time of the refusal an illegal entrant. An appeal against a refusal of an entry clearance must be dismissed by the adjudicator if he is satisfied that a deportation order was at the time of the refusal in force in respect of the appellant. An appeal under section 66 against directions given as mentioned in subsection (1)(c) of that section must be dismissed by the adjudicator, even though the ground of appeal is made out, if he is satisfied that there was power to give the same directions on the ground that the appellant was an illegal entrant.
Section 83.
The Commissioner may make rules regulating any aspect of the professional practice, conduct or discipline of— in connection with the provision of immigration advice or immigration services. Before making or altering any rules, the Commissioner must consult such persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate. In determining whether a registered person is competent or otherwise fit to provide immigration advice or immigration services, the Commissioner may take into account any breach of the rules by— The rules may, among other things, make provision requiring the keeping of accounts or the obtaining of indemnity insurance.
The Commissioner’s rules must be made or altered by an instrument in writing. Such an instrument must specify that it is made under this Schedule. Immediately after such an instrument is made, it must be printed and made available to the public. The Commissioner may charge a reasonable fee for providing a person with a copy of the instrument. A person is not to be taken to have contravened a rule made by the Commissioner if he shows that at the time of the alleged contravention the instrument containing the rule had not been made available in accordance with this paragraph. The production of a printed copy of an instrument purporting to be made by the Commissioner on which is endorsed a certificate signed by an officer of the Commissioner authorised by him for that purpose and stating— is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate. A certificate purporting to be signed as mentioned in sub-paragraph (6) is to be treated as having been properly signed unless the contrary is shown. A person who wishes in any legal proceedings to rely on an instrument containing the Commissioner’s rules may require him to endorse a copy of the instrument with a certificate of the kind mentioned in sub-paragraph (6).
The Commissioner must prepare and issue a code setting standards of conduct which those to whom the code applies are expected to meet. The code is to be known as the Code of Standards but is referred to in this Schedule as “the Code”. The Code is to apply to any person providing immigration advice or immigration services other than— It is the duty of any person to whom the Code applies to comply with its provisions in providing immigration advice or immigration services. If the Commissioner alters the Code, he must re-issue it. Before issuing the Code or altering it, the Commissioner must consult— The Commissioner must publish the Code in such form and manner as the Secretary of State may direct.
The Secretary of State may by order provide for the provisions of the Code, or such provisions of the Code as may be specified by the order, to apply to— If the Secretary of State is proposing to act under sub-paragraph (1) he must, before doing so, consult— An order under sub-paragraph (1) requires the approval of— Before deciding whether or not to give his approval under sub-paragraph (3)(a), the Lord Chancellor must consult— Before deciding whether or not to give their approval under sub-paragraph (3)(b), the Scottish Ministers must consult the Lord President of the Court of Session.
The Commissioner must establish a scheme (“the complaints scheme”) for the investigation by him of relevant complaints made to him in accordance with the provisions of the scheme. Before establishing the scheme or altering it, the Commissioner must consult— A complaint is a relevant complaint if it relates to— but not if it relates to a person who is excluded from the application of subsection (1) of section 84 by subsection (6) of that section. The Commissioner may, on his own initiative, investigate any matter which he would have power to investigate on a complaint made under the complaints scheme. In investigating any such matter on his own initiative, the Commissioner must proceed as if his investigation were being conducted in response to a complaint made under the scheme.
The complaints scheme must provide for a person who is the subject of an investigation under the scheme to be given a reasonable opportunity to make representations to the Commissioner. Any person who is the subject of an investigation under the scheme must— If a person fails to comply with sub-paragraph (2)(a) or with a requirement imposed under sub-paragraph (2)(b) the Commissioner may—
This paragraph applies if— The Commissioner, or a member of his staff authorised in writing by him, may enter the premises at reasonable hours. Sub-paragraph (2) does not apply to premises to the extent to which they constitute a private residence. A person exercising the power given by sub-paragraph (2) (“the investigating officer”) may— Instead of exercising the power under sub-paragraph (2), the Commissioner may require such person as he may determine (“his agent”) to make a report on the provision of immigration advice or immigration services from the premises. If the Commissioner so determines, his agent may exercise the power conferred by sub-paragraph (2) as if he were a member of the Commissioner’s staff appropriately authorised. If a registered person fails without reasonable excuse to allow access under sub-paragraph (2) or (6) to any premises under his occupation or control, the Commissioner may cancel his registration. The Commissioner may also cancel the registration of a registered person who—
On determining a complaint under the complaints scheme, the Commissioner must give his decision in a written statement. The statement must include the Commissioner’s reasons for his decision. A copy of the statement must be given by the Commissioner to—
On determining a complaint under the complaints scheme, the Commissioner may— Sub-paragraph (3) applies if— The Tribunal may give directions (which are to have effect while it is dealing with the charge)— “Relevant person” means a person providing immigration advice or immigration services who is—
This paragraph applies if the Commissioner refers a complaint to a designated professional body under paragraph 9(1)(c). The Commissioner may give directions setting a timetable to be followed by the designated professional body— In making his annual report to the Secretary of State under paragraph 21, the Commissioner must take into account any failure of a designated professional body to comply (whether wholly or in part) with directions given to it under this paragraph. Sub-paragraph (5) applies if the Commissioner or the Secretary of State considers that a designated professional body has persistently failed to comply with directions given to it under this paragraph. The Commissioner must take the failure into account in determining whether to make a report under section 86(9)(b) and the Secretary of State must take it into account in determining whether to make an order under section 86(2).
The Commissioner is to be a corporation sole. The Commissioner and the members of the Commissioner’s staff are not to be regarded as the servants or agents of the Crown or as having any status, privilege or immunity of the Crown.
The Commissioner— The Secretary of State may dismiss the Commissioner— The Commissioner is eligible for re-appointment when his term of office ends.
Subject to the provisions of this Schedule, the Commissioner is to hold office on such terms and conditions as the Secretary of State may determine.
There is to be paid to the Commissioner such remuneration and expenses as the Secretary of State may determine. The Secretary of State may pay, or provide for the payment of, such pensions, allowances or gratuities to or in respect of the Commissioner as he may determine.
If a person ceases to be the Commissioner, otherwise than when his term of office ends, and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may make a payment to him of such amount as the Secretary of State may determine.
The Secretary of State must appoint a person to act as Deputy Commissioner. During any vacancy in the office of Commissioner, or at any time when he is unable to discharge his functions, the Deputy Commissioner may act in his place. Paragraphs 11(2) and 12 to 15 apply to the Deputy Commissioner as they apply to the Commissioner.
Subject to obtaining the approval of the Secretary of State as to numbers and terms and conditions of service, the Commissioner may appoint such staff as he considers appropriate. Subject to obtaining the approval of the Secretary of State, the Commissioner may pay, or provide for the payment of, such pensions, allowances or gratuities (including by way of compensation for loss of office or employment) to or in respect of his staff as he considers appropriate. Any functions of the Commissioner may, to the extent authorised by him, be performed by the Deputy Commissioner or any of his staff. The Employers' Liability (Compulsory Insurance) Act 1969 is not to require insurance to be effected by the Commissioner.
The Secretary of State may pay to the Commissioner—
any expenses incurred or to be incurred by the Commissioner in respect of his staff; and
with the approval of the Treasury, such other sums for enabling the Commissioner to perform his functions as the Secretary of State thinks fit.
Subject to any general or specific directions given to him by the Secretary of State, sums received by the Commissioner in the exercise of his functions must be paid to the Secretary of State. Sums received by the Secretary of State under this paragraph must be paid into the Consolidated Fund. The approval of the Treasury is required for any direction given under this paragraph.
The Commissioner must— The statement of accounts must be in such form as the Secretary of State may, with the approval of the Treasury, direct. The Comptroller and Auditor General must— “Financial year” means the period of 12 months beginning with 1st April. “Specified date” means—
The Commissioner must, as soon as is practicable after the end of each financial year, report to the Secretary of State on the performance of his functions in that year. The report must, in particular, set out the Commissioner’s opinion as to the extent to which each designated professional body has provided effective regulation of its members in their provision of immigration advice or immigration services. The Secretary of State must lay a copy of the report before each House of Parliament. “Financial year” has the same meaning as in paragraph 20.
A document purporting to be an instrument issued by the Commissioner and to be signed by or on behalf of the Commissioner is to be received in evidence and treated as such an instrument unless the contrary is shown.
The Immigration Services Commissioner The Deputy Immigration Services Commissioner
The Immigration Services Commissioner The Deputy Immigration Services Commissioner
In Schedule 2 of the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert, at the appropriate place, “The Immigration Services Commissioner”.
Section 85(3).
An application for registration under section 84(2)(a) or (b) must— as the Commissioner may from time to time determine. When considering an application for registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require.
If the Commissioner considers that an applicant for registration is competent and otherwise fit to provide immigration advice and immigration services, he must register the applicant. Registration may be made so as to have effect—
At such intervals as the Commissioner may determine, each registered person must submit an application for his registration to be continued. Different intervals may be fixed by the Commissioner in relation to different registered persons or descriptions of registered person. An application for continued registration must— as the Commissioner may from time to time determine. When considering an application for continued registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require. If the Commissioner considers that an applicant for continued registration is no longer competent or is otherwise unfit to provide immigration advice or immigration services, he must cancel the applicant’s registration. Otherwise, the Commissioner must continue the applicant’s registration but may, in doing so, vary the registration— If a registered person fails, without reasonable excuse— the Commissioner may cancel the person’s registration as from such date as he may determine.
A person convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act is disqualified for registration under paragraph 2 or for continued registration under paragraph 3.
The Secretary of State may by order specify fees for the registration or continued registration of persons on the register. No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the specified fee.
The register must be made available for inspection by members of the public in a legible form at reasonable hours. A copy of the register or of any entry in the register must be provided— Sub-paragraphs (1) and (2) also apply to—
Section 87(5).
The Tribunal is to consist of such number of members as the Lord Chancellor may determine. The members are to be appointed by the Lord Chancellor. A person may be appointed as a member only if—
The Tribunal is to have a President appointed by the Lord Chancellor from among those of its members who are legally qualified.
Each member is to hold and vacate office in accordance with the terms of his appointment. A member is eligible for re-appointment when his term of office ends. A member may resign at any time by notice in writing given to the Lord Chancellor. The Lord Chancellor may dismiss a member on the ground of incapacity or misconduct.
The Lord Chancellor may pay to any member such remuneration and expenses as he may determine.
The Tribunal is to sit at such times and in such places as the Lord Chancellor may direct.
The Commissioner is entitled to be represented before the Tribunal, in relation to the hearing of appeals or disciplinary charges, by such persons as he may authorise. The Commissioner may authorise a person to represent him before the Tribunal in relation to— “Specified” means specified by the Commissioner.
The Lord Chancellor may make rules as to the procedure and practice to be followed in relation to the exercise of the Tribunal’s functions. Before making or altering any such rules, the Lord Chancellor must consult the Scottish Ministers. Subject to the provisions of this Schedule and the rules, the Tribunal may determine its own procedure. The rules must make provision for any person appealing to the Tribunal or otherwise subject to its jurisdiction to be entitled to be legally represented. The rules may, in particular, make provision—
A relevant decision of the Commissioner is not to have effect while the period within which an appeal may be brought against the decision is running. If the appellant applies to the Tribunal under this paragraph, the Tribunal may direct that while the appeal is being dealt with— Rules under paragraph 7 must include provision requiring the Tribunal to consider applications by the Commissioner for the cancellation or variation of directions given under this paragraph.
The Lord Chancellor may appoint such staff for the Tribunal as he considers appropriate. The Lord Chancellor may pay, or provide for the payment of, such pensions, allowances or gratuities (including by way of compensation for loss of office or employment) to or in respect of the Tribunal’s staff as he considers appropriate.
The Lord Chancellor may pay such other expenses of the Tribunal as he considers appropriate.
A person is legally qualified for the purposes of this Schedule if—
he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
he is an advocate or solicitor in Scotland of at least 7 years' standing; or
he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing.
In Part I of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place— “Member of the Immigration Services Tribunal”.
In Part I of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place— “Member of the Immigration Services Tribunal”.
Section 95(12).
The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 95 as he considers appropriate.
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— otherwise than by way of support provided under section 95. 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 95.
The regulations may make provision—
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;
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.
The regulations may make provision for prescribed items or services to be provided or made available to persons receiving support under section 95 for such purposes and in such circumstances as may be prescribed.
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— otherwise than by way of support provided under section 95.
income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and
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,
The regulations may make provision as to the valuation of assets.
The regulations may make provision for the Secretary of State to take into account, when deciding— the extent to which any condition on which support is being, or has previously been, provided has been complied with.
whether to provide, or to continue to provide, support under section 95, or
the level or kind of support to be provided,
The regulations may make provision for the suspension or discontinuance of support under section 95 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support). The circumstances which may be prescribed include the cessation of residence—
The regulations may provide that if— 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. The conditions are that—
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.
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 95 where it appears to the Secretary of State— An amount recoverable under regulations made by virtue of sub-paragraph (1) may be recovered—
The regulations may make provision with respect to procedural requirements including, in particular, provision as to—
the procedure to be followed in making an application for support;
the information which must be provided by the applicant;
the circumstances in which an application may not be entertained;
the making of further enquiries by the Secretary of State;
the circumstances in which, and person by whom, a change of circumstances of a prescribed description must be notified to the Secretary of State.
Section 95(13).
The Secretary of State may by regulations make provision requiring prescribed local authorities or local authorities falling within a prescribed description of authority to provide support, during the interim period, to eligible persons. “Eligible persons” means— who appear to be destitute or to be likely to become destitute within such period as may be prescribed. For the purposes of sub-paragraph (1), in Northern Ireland, a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 is to be treated as a local authority.
The regulations must provide for the question whether a person is an eligible person to be determined by the local authority concerned. The regulations may make provision for support to be provided, before the determination of that question, to a person making a claim for support under the regulations by the Secretary of State or such local authority as may be prescribed. “The local authority concerned” has such meaning as may be prescribed.
Subsections (3) to (8) of section 95 apply for the purposes of the regulations as they apply for the purposes of that section, but for the references in subsections (5) and (7) to the Secretary of State substitute references to the local authority concerned.
The regulations may prescribe circumstances in which support for an eligible person—
must be provided;
must or may be refused; or
must or may be suspended or discontinued.
The regulations may provide that support—
is to be provided in prescribed ways;
is not to be provided in prescribed ways.
The regulations may include provision—
as to the level of support that is to be provided;
for support to be provided subject to conditions;
requiring any such conditions to be set out in writing;
requiring a copy of any such conditions to be given to such person as may be prescribed.
The regulations may make provision that, in providing support, a local authority—
are to have regard to such matters as may be prescribed;
are not to have regard to such matters as may be prescribed.
The regulations may include provision—
prescribing particular areas, or descriptions of area, (which may include a locality within their own area) in which a local authority may not place asylum-seekers while providing support for them;
prescribing circumstances in which a particular area, or description of area, (which may include a locality within their own area) is to be one in which a local authority may not place asylum-seekers while providing support for them;
as to the circumstances (if any) in which any such provision is not to apply.
The regulations may make provision for the referral by one local authority to another of a claim for support made under the regulations if the local authority to whom the claim is made consider that it is not manifestly unfounded but— For the purposes of any provision made as a result of sub-paragraph (1), the regulations may make provision for the determination by the Secretary of State of— The regulations may make provision for any such determination to be made— The regulations may provide that a referral may not be made— The regulations may make provision for the payment by a local authority of any reasonable travel or subsistence expenses incurred as a result of a referral made by them. The regulations may make provision for the transfer of a claim for support, or responsibility for providing support, under the regulations from one local authority to another on such terms as may be agreed between them. In exercising any power under the regulations to refer or transfer, a local authority must have regard to such guidance as may be issued by the Secretary of State with respect to the exercise of the power.
The regulations may make provision for the referral of claims for support made to the Secretary of State to prescribed local authorities or local authorities of a prescribed description. The regulations may make provision for the payment by the Secretary of State of any reasonable travel or subsistence expenses incurred as a result of a referral made by him as a result of provision made by virtue of sub-paragraph (1).
The regulations may make provision requiring prescribed local authorities or other prescribed bodies to give reasonable assistance to local authorities providing support under the regulations.
The regulations may make provision for the procedure for making and determining claims for support.
The regulations may make provision for an asylum-seeker or a dependant of an asylum-seeker who has received, or is receiving, any prescribed description of support from a local authority to be taken to have been accepted for support under the regulations by a prescribed local authority.
A person entitled to support under the regulations is not entitled to any prescribed description of support, except to such extent (if any) as may be prescribed.
“The interim period” means the period—
beginning on such day as may be prescribed for the purposes of this paragraph; and
ending on such day as may be so prescribed.
Section 102(3).
The Secretary of State must— The adjudicators are to exercise their functions under the direction of the Chief Asylum Support Adjudicator. The Chief Asylum Support Adjudicator is to have such other functions as the Secretary of State may from time to time direct. During any vacancy in the office of Chief Asylum Support Adjudicator, or at any time when he is unable to discharge his functions, the Deputy may act in his place.
Each adjudicator is to hold and vacate office in accordance with the terms of his appointment. An adjudicator is eligible for re-appointment when his term of office ends. An adjudicator may resign at any time by notice in writing given to the Secretary of State.
The Secretary of State may pay to any adjudicator such remuneration and expenses as he may determine. The Secretary of State may pay, or provide for the payment of, such pensions, allowances or gratuities to or in respect of any adjudicator as he may determine.
If a person ceases to be an adjudicator, otherwise than when his term of office ends, and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may make a payment to him of such amount as the Secretary of State may determine.
The Secretary of State may appoint such staff for the adjudicators as he considers appropriate. The Secretary of State may pay, or provide for the payment of, such pensions, allowances or gratuities (including by way of compensation for loss of office or employment) to or in respect of the adjudicators' staff as he considers appropriate.
The Secretary of State may pay such other expenses of the adjudicators as he considers appropriate.
For the purpose of discharging their functions, adjudicators are to sit at such times and in such places as the Secretary of State may direct.
Section 154(7).
A person who, for the purpose of obtaining a certificate of authorisation for himself or for any other person— is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
makes a statement which he knows to be false in a material particular, or
recklessly makes a statement which is false in a material particular,
A detainee custody officer exercising custodial functions has power— The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove. As respects a detained person in relation to whom he is exercising custodial functions, it is the duty of a detainee custody officer— The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.
A detainee custody officer may perform functions of a custodial nature at a short-term holding facility (whether or not he is authorised to perform custodial functions at a detention centre). When doing so, he is to have the same powers and duties in relation to the facility and persons detained there as he would have if the facility were a detention centre.
A person who assaults a detainee custody officer who is— is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
acting in accordance with escort arrangements,
performing custodial functions, or
performing functions of a custodial nature at a short-term holding facility,
A person who resists or wilfully obstructs a detainee custody officer who is— is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
acting in accordance with escort arrangements,
performing custodial functions, or
performing functions of a custodial nature at a short-term holding facility,
For the purposes of paragraphs 4 and 5, a detainee custody officer is not to be regarded as acting in accordance with escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).
If it appears to the Secretary of State that a detainee custody officer is not a fit and proper person to perform escort functions or custodial functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions. If it appears to the escort monitor that a detainee custody officer is not a fit and proper person to perform escort functions, he may— If it appears to the contract monitor for the detention centre concerned that a detainee custody officer is not a fit and proper person to perform custodial functions, he may—
Section 155(2).
Detention centre rules may (among other things) provide for detained persons to be measured and photographed. The rules may, in particular, prescribe—
If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with detention centre rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining— The sample required may be one or more of the following— Sub-paragraph (2)(c)— “Authorisation” means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular detention centre. “Drug” means a drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971. “Specified” means specified in the authorisation. “Intimate sample”—
This paragraph applies if— A detainee custody officer may require the detained person to submit to a medical examination at the centre. The medical examination must be conducted in accordance with detention centre rules. A detained person who fails, without reasonable excuse, to submit to a medical examination required under this paragraph is guilty of an offence. A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale. “Authorisation” means an authorisation given by the manager of the detention centre for the purpose of this paragraph. The Secretary of State may by order specify any disease which he considers might, if a person detained in a detention centre were to suffer from it, endanger the health of others there.
A person who aids any detained person in escaping or attempting to escape from a detention centre or short-term holding facility is guilty of an offence. A person who, with intent to facilitate the escape of any detained person from a detention centre or short-term holding facility— is guilty of an offence. A person guilty of an offence under this section is liable—
A person who, contrary to detention centre rules, brings or attempts to bring any alcohol into a detention centre, or to a detained person, is guilty of an offence. A person who places alcohol anywhere outside a detention centre, intending that it should come into the possession of a detained person there, is guilty of an offence. A detainee custody officer or any other person on the staff of a detention centre who, contrary to detention centre rules, allows alcohol to be sold or used in the centre is guilty of an offence. A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both. “Alcohol” means any spirituous or fermented liquor.
A person who— is guilty of an offence under this paragraph. A person who— is guilty of an offence under this paragraph. A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In the case of a contracted out detention centre, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable to be fixed outside the centre in a conspicuous place. In the case of any other detention centre, the Secretary of State must cause such a notice to be fixed outside the centre in a conspicuous place.
In the case of a contracted out short-term holding facility, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility in a conspicuous place. In the case of any other short-term holding facility, the Secretary of State must cause such a notice to be fixed outside the facility in a conspicuous place.
Section 156(5).
Escort arrangements must include provision for the appointment of a Crown servant as escort monitor. The escort monitor must— Paragraph (d) of sub-paragraph (2) does not apply in relation to—
A detainee custody officer acting in accordance with escort arrangements has power— The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove. As respects a detained person for whose delivery or custody he is responsible in accordance with escort arrangements, it is the duty of a detainee custody officer— The Secretary of State may make rules with respect to the performance by detainee custody officers of their duty under sub-paragraph (3)(d). The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.
Sub-paragraph (2) applies if a detained person for whose delivery or custody a person (“A”) has been responsible in accordance with escort arrangements is delivered to a detention centre. The detained person is to be treated, for the purposes of such detention centre rules as relate to disciplinary offences, as if he had been in the custody of the director of the detention centre at all times while A was so responsible. Sub-paragraph (4) applies if a detained person for whose delivery or custody a person (“B”) has been responsible in accordance with escort arrangements is delivered to a prison. The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible. “Director” means— This paragraph does not authorise the punishment of a detained person under detention centre rules or prison rules in respect of any act or omission of his for which he has already been punished by a court. “Prison rules” means—
Section 169(1).
In Schedule (B) to the Marriages (Ireland) Act 1844, in the fifth column, after “Dwelling Place” insert “and Nationality”.
In Schedule (A) to the Marriage Law (Ireland) Amendment Act 1863, in the fifth column, after “Dwelling Place” insert “and Nationality”
The Marriage Act 1949 is amended as follows.
In section 3(1) (marriages of persons under 21)—
for “a certificate” substitute “certificates”; and
omit “whether by licence or without licence,”.
In section 5 (methods of authorising marriages), in paragraph (d), for “a certificate” substitute “certificates”.
In section 17 (marriage under superintendent registrar’s certificate)—
for “a certificate” substitute “certificates”; and
for “notice of marriage and certificate” substitute “notices of marriage and certificates”.
In section 25 (void marriages)—
in paragraph (b), for “a certificate” substitute “certificates”;
in paragraph (c), for “a certificate of a superintendent registrar which is” substitute “certificates of a superintendent registrar which are”; and
in paragraph (d), for “a certificate” substitute “certificates” and for “notice of marriage and certificate” substitute “notices of marriage and certificates”.
In section 27(1) (notice of marriage), for “a certificate” substitute “certificates”.
In section 27A (additional information required in certain cases)—
in subsections (2) and (3), for the first “the notice” substitute “each notice”;
in subsection (4), for the first “The person” substitute “Each person”; and
in subsection (6), for “either” substitute “each”.
In section 27B (provisions relating to section 1(3) marriages)—
in subsection (1), for “a certificate” substitute “certificates”;
in subsections (4) and (6), omit “or licence”; and
in subsection (5), omit “, or certificate and licence,”.
In section 28(1) (declaration to accompany notice of marriage), omit “or licence” and for paragraph (b) substitute—.
In section 29 (caveat against issue of certificate or licence), omit every “or licence”.
In section 30 (provision for issue of certificate to be forbidden) for first “a certificate” substitute “certificates”.
In section 31 (marriage certificates)—
in subsections (1) and (4), for “a certificate” substitute “certificates”; and
in subsection (5), for “one of the persons to be married” substitute “the person by whom notice of marriage was given”.
For section 33 substitute—
For section 34 substitute—
Section 35 (marriages in registration district in which neither party resides) is amended as follows. In subsection (1)— In subsections (2) and (4), omit “or, if the marriage is to be by licence, a certificate and a licence,”. In subsections (2A) and (2B), omit “or, if the marriage is to be by licence, a certificate and licence,”. In subsection (5)—
Omit section 36 (superintendent registrar not normally to issue licences for marriages in registered buildings outside his district).
In section 37(1) (one party resident in Scotland)—
for first “a certificate” substitute “certificates”; and
omit “without licence”.
Section 38 (one party resident in Northern Ireland) is amended as follows. In subsection (1)— In subsection (2), for “and place of residence” substitute “, place of residence and nationality”. In subsection (3), for “twenty-one” substitute “15”.
In section 39(1) (issue of certificates on board Her Majesty’s ships)—
for first “a certificate” substitute “certificates”; and
omit “without licence”.
In section 40 (forms of certificates for marriage), omit subsection (2).
In section 44(1) (solemnization of marriage in registered buildings), for “a notice of marriage and certificate” substitute “the notices of marriage and certificates”.
In section 45(1) (solemnization of marriage in register office)—
for “a certificate” substitute “certificates”;
for first “notice” substitute “notices”;
for “notice has” substitute “notices have”; and
for “certificate or certificate and licence, as the case may be, has or” substitute “certificates”.
In section 47(2) (marriages according to usages of Society of Friends), in paragraph (a), for “the person” substitute “each person”.
In section 48(1) (proof of certain matters not necessary to validity of marriages), in paragraph (a), for “notice” substitute “notices”.
In section 49 (void marriages)—
in paragraph (b), after “issued” insert “, in respect of each of the persons to be married,”;
omit paragraph (c);
in paragraph (d), for “a certificate which is” substitute “certificates which are”; and
in paragraph (e), for “notice” substitute “notices” and for “certificate” substitute “certificates”.
In section 50 (person to whom certificate to be delivered)—
in subsection (1), for “a certificate” substitute “certificates” and omit “the certificate or, if notice of marriage has been given to more than one superintendent registrar,”;
omit subsection (2); and
in subsection (3), for “certificate or certificate and licence, as the case may be,” substitute “certificates”.
In section 51(1) (fees of registrars for attending marriages), omit from first “the sum” to “case,”.
Section 75 (offences relating to solemnization of marriages) is amended as follows. In subsection (1)(b), for “a certificate” substitute “certificates”. In subsection (2)— After subsection (2), insert— In subsection (3), for paragraph (a) substitute—. In subsection (3), in paragraph (b), omit “or licence”.
In section 78(3) (interpretation), in paragraph (a), for “the notice” substitute “each notice”.
In Schedule 4 (provisions of Act which are excluded or modified in their application to naval, military and air force chapels), in Part III (exclusion of provisions relating to marriages otherwise than according to the rites of the Church of England), omit “The proviso to subsection (2) of section twenty-six”.
In section 55 of the Prison Act 1952 (provisions extending to Scotland) at the end insert—
The Firearms Act 1968 is amended as follows.
5C. An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).
13B. An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).
In section 2(3) (provisions relating to marriage), omit “or licence” in both cases.
The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.
In section 1(1) (marriages which may be solemnised by Registrar General’s licence), for “a certificate” substitute “certificates”.
In section 5 (caveat against issue of Registrar General’s licence), omit “or licence”.
In section 6 (marriage of persons under 18), for “a certificate” substitute “certificates”.
In section 13 (void marriages)—
in paragraph (a), for ““certificate” substitute ““certificates” and for ““Registrar” substitute ““a Registrar”; and
omit paragraph (b).
The 1971 Act is amended as follows.
In section 3 (general provisions for regulation and control), in subsection (1)(a), after “in accordance with” insert “the provisions of, or made under,”. In section 3, for subsection (5) substitute—
In section 4(1) (giving or refusal of leave to enter or remain to be in writing except where allowed by the Act) for “allowed by” substitute “allowed by or under”.
In section 7(1) (exemption of certain residents from deportation)—
in paragraph (a), for “3(5)(b)” substitute “3(5)(a)”; and
in paragraph (b), for “, (b) or (c)” substitute “or (b) or 10 of the Immigration and Asylum Act 1999”.
Section 10 (entry otherwise than by sea or air) is amended as follows. In subsection (1), omit from “and any such Order” to the end. After subsection (1), insert— In subsection (2), for “this section” substitute “subsection (1)”.
In section 11(1) (entry to the United Kingdom), at the end insert “or by Part III of the Immigration and Asylum Act 1999”.
Omit Part II.
In section 24 (illegal entry and similar offences), omit subsections (1)(aa) and (2).
In section 25 (assisting illegal entry and harbouring), omit subsection (3).
Section 27 (offences by persons connected with ships or aircraft) is amended as follows. In paragraph (a)(ii), after “Schedule 2 or 3” insert “or under the Immigration and Asylum Act 1999”. In paragraph (b)(iii)—
In section 28(1) (time limits for proceedings) after “24,” insert “24A,”.
Section 32 (proof of documents) is amended as follows. In subsection (2)— In subsection (3), for “proceedings under Part II of this Act” substitute “other proceedings under the Immigration Acts”. In subsection (4)— After subsection (4) insert— The amendments made by sub-paragraphs (2)(a) and (5) apply whenever the document in question was made or issued.
In section 33 (interpretation), for subsection (4) substitute—.
In Schedule 2 (administrative provisions as to control on entry), in paragraph 2(1) (purposes for which persons arriving in the United Kingdom may be examined), for paragraph (c) substitute—
In Schedule 2, after paragraph 2, insert—
In Schedule 2, in paragraph 4(1) and (2) (production of information and documents in connection with examinations), after “paragraph 2” insert “, 2A”.
In Schedule 2, for paragraph 7 substitute—
A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending—
The power conferred by sub-paragraph (2) includes power to take fingerprints.
In Schedule 2, paragraph 21 (temporary admission of persons liable to detention) is amended as follows. The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by regulations made by the Secretary of State. The regulations may, among other things, provide for the inclusion of provisions— The regulations may provide that a particular description of provision may be imposed only for prescribed purposes. The power to make regulations conferred by this paragraph is exercisable by statutory instrument and includes a power to make different provision for different cases. But no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House. In sub-paragraph (3), after “2” insert “or 2A”. In sub-paragraph (4)(a), omit “under paragraph 2 above”.
In Schedule 2, in paragraph 22 (temporary release of persons liable to detention), in sub-paragraph (1)(a), after “examination;” insert—.
In Schedule 2, paragraph 26 (supplementary duties of those connected with ships or aircraft or with ports) is amended as follows. In sub-paragraph (1), omit “and have not been given leave”. Sub-paragraph (1) does not apply in such circumstances, if any, as the Secretary of State may by order prescribe. The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament.
In Schedule 2, omit paragraph 28.
In Schedule 2, in paragraph 29, for “13(1), 16 or 17 of this Act” substitute “ 59, 65, 66, 67, 69(1) or (5) or 71 of the Immigration and Asylum Act 1999”.
In Schedule 2, in paragraph 34 (grant of bail pending removal), in sub-paragraph (1), after “examination” insert “, detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter”.
In Schedule 3, in paragraph 2(4) (application of certain provisions if person detained under Schedule 3), for “and 18” substitute “,18 and 25A to 25E”.
In Schedule 3 (supplementary provision as to deportation), in paragraph 3—
for “16 or 17” substitute “ 66 or 67 of the Immigration and Asylum Act 1999”;
omit “in paragraph 28(2), (3) and (6) and”; and
for “15(1)(a)” substitute “ 63(1)(a) or 69(4)(a) of the Immigration and Asylum Act 1999”.
In Schedule 4 (integration of United Kingdom and Islands immigration law), for paragraph 3 (deportation) substitute—
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—
Adjudicator appointed for the purposes of the Immigration Act 1971
Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999 Asylum Support Adjudicator
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices)—
Adjudicator appointed for the purposes of the Immigration Act 1971
Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999 Asylum Support Adjudicator
In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), after subsection (7), insert—
Section 53 of the Education (Scotland) Act 1980 (requirement to provide school meals etc) is amended as follows—
in subsection (3)—
for the words from the beginning to “an”, where it occurs for the second time, substitute—; and
for “him”, where it occurs for the first time, substitute “the pupil”; and
in subsection (3A), for “Subsections (1), (2) and (3)” substitute “Subsections (1) to (3AA)”.
In Schedule 1 to the Firearms (Northern Ireland) Order 1981 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 4 insert—
In Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of orders for periodical payment of money), at the end, insert—
In section 1 of the Marriage Act 1983 (marriages of house-bound and detained persons in England and Wales)—
in subsection (1), for “a superintendent registrar’s certificate” substitute “certificates of a superintendent registrar”; and
in subsection (2)(a), for “the notice” substitute “each notice”.
In Schedule 2 to the Housing (Northern Ireland) Order 1983 (tenancies which are not secure tenancies), after paragraph 3, insert—
In section 23A of the Rent (Scotland) Act 1984 (excluded tenancies and occupancy rights), after subsection (5) insert—
The Police and Criminal Evidence Act 1984 is amended as follows. In section 8 (power of justice to authorise entry and search of premises), at the end insert— In section 22 (retention), at the end insert— In section 61 (fingerprints), in subsection (9)(a), after “1971” insert “, section 141 of the Immigration and Asylum Act 1999 or regulations made under section 144 of that Act”.
In Schedule 1 to the Housing Act 1985 (tenancies which cannot be secure tenancies), after paragraph 4, insert—
In Schedule 2 to the Housing (Scotland) Act 1987 (tenancies which cannot be secure tenancies), after paragraph 5 insert—
The Immigration Act 1988 is amended as follows.
Omit section 5 (restricted right of appeal against deportation in cases of breach of limited leave).
Omit section 8 (examination of passengers before arrival).
Omit section 9 (charges).
In Schedule 4 to the Housing (Scotland) Act 1988 (tenancies which cannot be assured tenancies), after paragraph 11A insert—
In Schedule 1 to the Housing Act 1988 (tenancies which are not assured tenancies), after paragraph 12, insert—
Paragraph 10 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (requirements on captain of ship or aircraft with respect to passengers and crew) is amended as follows. In sub-paragraph (4), for “unless he is subject to the requirements of an order under paragraph 27(2) of Schedule 2 to the Immigration Act 1971 and subject to sub-paragraph (6)” substitute “subject to sub-paragraphs (5A) and (6)”. Sub-paragraph (4) above does not apply to the extent that the information mentioned in sub-paragraph (5) above is the subject of—
an asylum-seeker, or
This section applies if a person is detained under any provision of the 1971 Act.
The Secretary of State must arrange a reference to the court for it to determine whether the detained person should be released on bail.
The duty under this section to arrange a reference does not apply if the detained person—
is also detained otherwise than under a provision of the 1971 Act;
is liable (under section 3(6) of that Act) to deportation as a result of the recommendation of a court; or
has given to the Secretary of State, and has not withdrawn, written notice that he does not wish his case to be referred to a court under this section.
The Secretary of State must secure that a first reference to the court is made—
in the case of a reference to the Commission, in accordance with rules; and
in any other case, no later than the eighth day following that on which the detained person was detained.
If the detained person remains in detention, the Secretary of State must secure that a second reference to the court is made—
in the case of a reference to the Commission, in accordance with rules; and
in any other case, no later than the thirty-sixth day following that on which the detained person was detained.
A reference under subsection (5) may not be heard by the court before the thirty-third day following that on which the detained person was detained.
The court hearing a case referred to it under this section must proceed as if the detained person had made an application to it for bail.
The court must determine the matter—
in the case of a reference to the Commission, in accordance with rules; and
in any other case—
on a first reference, before the tenth day following that on which the person concerned was detained; and
on a second reference, before the thirty-eighth day following that on which he was detained.
Subsection (8) does not apply if the detained person has been released or has given notice under subsection (3)(c).
If it appears to the Secretary of State that there has been a failure to comply with subsection (4) or (5), he must refer the matter to the court, and the court must deal with the reference, as soon as is reasonably practicable.
If it appears to the Secretary of State that there has been a failure to comply with subsection (8), he must notify the court concerned, and the court must deal with the matter, as soon as is reasonably practicable.
In this Part “court” means—
if the detained person has brought an appeal under the Immigration Acts, the court or other appellate authority dealing with his appeal;
in the case of a detained person to whom section 3(2) of the Special Immigration Appeals Commission Act 1997 applies (jurisdiction in relation to bail for persons detained on grounds of national security), the Commission; and
in any other case, such magistrates' court as the Secretary of State considers appropriate or, in Scotland, an adjudicator.
Rules made by the Lord Chancellor under section 5 of the Special Immigration Appeals Commission Act 1997 may include provision made for the purposes of this section; and in subsections (4), (5) and (8) “rules” means rules made by virtue of this subsection.
The Secretary of State may by regulations make provision modifying the application of this section in relation to cases where the proceedings on a reference under this section are adjourned to enable medical or other reports to be obtained or for any other reason.
The regulations may, in particular, provide for the requirement for there to be a second reference not to apply in prescribed circumstances.
This section does not affect any other provision under which the detained person may apply for, or be released on, bail.
The Secretary of State may, in relation to a particular case or class of case, direct that the hearing of a reference under section 44 is to be at a specified place.
The places that may be specified include, in particular—
any place at which a court sits;
any place at which appeals under this Act are heard;
detention centres;
prisons; or
any particular premises or rooms within a place of a kind mentioned in paragraphs (a) to (d).
A direction under subsection (1) has effect notwithstanding any other direction which may be given as to the place in which the court is to sit.
A direction under subsection (1) requires the approval of the Lord Chancellor.
“Specified” means specified in the direction.
On a reference under section 44, the court must release the detained person on bail unless—
subsection (2), (3) or (4) applies; or
the court has imposed a requirement under section 47(1) which has not been complied with.
The detained person need not be granted bail if the court is satisfied that there are substantial grounds for believing that if released on bail he would—
fail to comply with one or more of the conditions of bail or of any recognizance or bail bond;
commit an offence while on bail which is punishable with imprisonment;
be likely to cause danger to public health; or
alone or with others, be a serious threat to the maintenance of public order.
The detained person need not be granted bail if the court is satisfied that—
he is or has been knowingly involved with others in a concerted attempt by all or some of them to enter the United Kingdom in breach of immigration law;
he is suffering from mental disorder and his continued detention is necessary in his own interests or for the protection of any other person;
he is under the age of 18 and, while arrangements ought to be made for his care in the event of his release from detention, no satisfactory arrangements have been made;
he is required to submit to an examination by an immigration officer under paragraph 2 or 2A of Schedule 2 to the 1971 Act and there is no relevant decision which the officer is in a position to take; or
directions for his removal from the United Kingdom are in force.
The detained person need not be granted bail if the court is satisfied that he is a person to whom section 3(2) of the Special Immigration Appeals Commission Act 1997 (national security cases) applies.
For the purposes of this section, the question whether an offence is one which is punishable with imprisonment is to be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.
“Immigration law” means any provision of the Immigration Acts or any similar provision in force in any part of the British Islands.
Each of the following is a relevant decision—
a decision as to whether, and if so how, to exercise the powers conferred by paragraph 21 of Schedule 2 to the 1971 Act;
a decision as to whether to grant the person concerned leave to enter, or remain in, the United Kingdom;
a decision as to whether to cancel his leave to enter the United Kingdom under paragraph 2A(8) of that Schedule.
The Secretary of State may by order amend subsection (2) or (3) by adding to or restricting the circumstances in which the subsection applies.
If bail is granted under this section, the appropriate court may, on an application by or on behalf of the person released, vary any condition on which it was granted.
If bail is granted under this section, the appropriate court may, on an application by or on behalf of the Secretary of State, vary any condition on which it was granted or impose conditions on it.
“Appropriate court” means—
if the person released has brought an appeal under the Immigration Acts, the court or other appellate body dealing with his appeal;
in any other case, the court which released the person concerned on bail.
Before releasing a person on bail under section 46, the court may require—
a recognizance or, in Scotland, a bail bond to be entered into; or
security to be given by the person bailed or on his behalf.
The court may impose a requirement under subsection (1) only if it considers that its imposition is necessary to secure compliance with any condition to which bail granted under section 46 will be subject as a result of subsection (3), (4) or (5).
Bail granted under section 46 by the Commission is subject to a condition requiring the person bailed to appear before it at a specified time and place.
Bail granted under section 46 by a court or other appellate authority (other than the Commission) dealing with an appeal by the person bailed is subject to a condition requiring him—
to appear before the court or authority at a time and place specified by it; and
if the appeal is dismissed, withdrawn or abandoned, to appear before an immigration officer at such time and place as may be notified to him in writing by an immigration officer.
In any other case, bail granted under section 46 is subject to a condition requiring the person bailed to appear before an immigration officer—
at a time and place specified by the court; or
at such other time and place as may be notified to him in writing by an immigration officer.
Bail granted under section 46 may be subject to such other conditions as appear to the court to be likely to result in the appearance of the person bailed at the required time and place.
A recognizance taken under this section may be with or without sureties, as the court may determine.
Subsections (9) and (10) apply if, on a reference under section 44, the court has power to release the detained person on bail but is not required to do so by section 46.
The court may, instead of releasing him—
fix the amount of any recognizance, bail bond or security to be taken on his release on bail (including the amount in which any sureties are to be bound); and
settle the terms of any conditions to be imposed on his release on bail.
The person concerned must be released on bail on the recognizance or bond being taken, or the security being given.
A person released on bail under section 46 is to be subject to such restrictions (if any) as to his employment or occupation while he is in the United Kingdom as may from time to time be notified to him in writing by an immigration officer.
Any restriction imposed on a person under subsection (11) has effect for the purposes of this Part as a condition of his bail.
If it appears to a court that a mandatory bail condition has been broken, it may—
by order declare the recognizance to be forfeited; and
order any person bound by the recognizance (whether as principal or surety) to pay the sum in which he is bound or such part of that sum, if any, as the court thinks fit.
“Mandatory bail condition” means a condition—
to which bail granted under section 46 is subject as a result of section 47(3), (4) or (5); and
in relation to which the court has taken a recognizance under section 47.
If the court which makes an order under subsection (1) is not a magistrates' court, it must—
specify a magistrates' court which is, for the purposes of collection, enforcement and remission of the sum forfeited, to be treated as the court which ordered the forfeiture; and
as soon as practicable give particulars of the recognizance to— for which the specified court acts.
in England and Wales, the justices' chief executive appointed by the magistrates' court committee whose area includes the petty sessions area, or
in Northern Ireland, the clerk of petty sessions for the petty sessions district,
Any sum collected as a result of subsection (3)(a) must be paid to the Lord Chancellor.
The Lord Chancellor may, with the approval of the Treasury, make regulations as to the times at which and the manner in which accounts for, and payments of, sums collected as a result of subsection (3)(a) must be made and for the keeping and auditing of accounts in relation to such sums.
If a person fails to comply with any of the conditions of a bail bond taken by a court under section 47, the court may declare the bail to be forfeited.
Any bail forfeited by a court under subsection (6)—
must be transmitted to the sheriff court having jurisdiction in the area where the proceedings took place; and
is to be treated as having been forfeited by that court.
If a court is satisfied that a person (“A”) by whom, or on whose behalf, security has been given under section 47 has broken a mandatory bail condition, it may order the security to be forfeited unless it appears that A had reasonable cause for breaking the condition.
The order may provide for the forfeiture to extend to a specified amount which is less than the value of the security.
An order under subsection (1) takes effect, unless previously revoked, at the end of the period of 21 days beginning with the day on which it is made.
Any sum forfeited as a result of this section must be paid to the Lord Chancellor.
Subsection (6) applies if a court which has made an order under subsection (1) is satisfied, on an application made by or on behalf of the person who gave the security, that A did after all have reasonable cause for breaking the condition.
The court may by order—
remit the forfeiture; or
provide for it to extend to a specified amount which is less than the value of the security.
An application under subsection (5)—
may be made before or after the order for forfeiture has taken effect; but
may not be entertained unless the court is satisfied that the Secretary of State was given reasonable notice of the applicant’s intention to make the application.
The Lord Chancellor may, with the approval of the Treasury, make regulations as to the times at which and the manner in which accounts for, and payments of, sums forfeited as a result of this section must be made and for keeping and auditing of accounts in relation to such sums.
“Mandatory bail condition” means a condition—
to which bail granted under section 46 is subject as a result of section 47(3), (4) or (5); and
in relation to which a person has given security under section 47.
An immigration officer or constable who has reasonable grounds for believing that a person released on a reference under section 44 has broken or is likely to break any condition on which he was bailed, may arrest him without a warrant.
Subsection (3) applies if a person other than the person bailed (“a third party”)—
has agreed to act as a surety in relation to a recognizance entered into under section 47; or
has given security on behalf of the person bailed under that section.
If an immigration officer or constable is notified in writing by a third party— the officer or constable may arrest the person released without a warrant.
of his belief that a person released on a reference under section 44 is likely to break the condition that he must appear at the time and place required; and
of the third party’s wish, for that reason, to be relieved of his obligations as a surety or to have the security given returned to him,
Subsection (5) applies if—
a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person liable to be arrested under this section is to be found on any premises;
in Scotland, the sheriff or a justice of the peace is by evidence on oath so satisfied; or
in Northern Ireland, a justice of the peace is by written complaint on oath so satisfied.
The justice of the peace or the sheriff may grant a warrant authorising any immigration officer or constable to enter, if need be by reasonable force, the premises named in the warrant for the purpose of searching for and arresting the person concerned.
A person arrested under this section must, if required by a condition on which he was released to appear before an immigration officer within 24 hours after his arrest, be brought before an immigration officer within that period.
A person arrested under this section must, if he was released under section 46 by the Commission, be brought before it within twenty-four hours after his arrest.
Subsection (9) applies if a person has been arrested under this section and—
neither subsection (6) nor subsection (7) applies to him; or
he has been brought before an immigration officer under subsection (6) but has not been released.
The arrested person must be brought before—
a justice of the peace acting for the petty sessions area in which he was arrested;
in Scotland, an adjudicator or, if that is not practicable within 24 hours after his arrest, the sheriff; or
in Northern Ireland, a magistrates' court acting for the county court division in which he was arrested.
If subsection (9) applies, the arrested person must be brought before the person or court concerned—
as soon as is practicable after his arrest; and
if subsection (9)(a) or (c) applies, in any event within 24 hours after his arrest.
Subsections (12) and (13) apply in relation to an arrested person dealt with under subsection (7) or (9).
The court or person dealing with the matter may, if of the opinion that the arrested person has broken or is likely to break any condition on which he was released—
give a direction that the arrested person be detained under the authority of the person by whom he was arrested;
release him on his original bail; or
release him on a new recognizance (with or without sureties) or on new bail.
If not of that opinion, that court or person must release the arrested person on his original bail.
In reckoning any period of 24 hours for the purposes of this section, no account is to be taken of Christmas Day, Good Friday or any Sunday.
Any rules made in connection with bail hearings resulting from any provision of, or made under, this Part must include provision requiring the Secretary of State to notify— of the date, place and time of the hearing as soon as is reasonably practicable after the Secretary of State is given that information by the magistrates' court.
the detained person who is the subject of the hearing of a reference under section 44, and
if the Secretary of State is aware that that person will be represented at the hearing (whether or not by an authorised advocate), the person who will be representing him at the hearing,
If a person has been refused bail— he may, on the first subsequent such reference or application, advance any argument as to fact or law.
on a reference under section 44, or
on an application under the 1971 Act, the Asylum and Immigration Appeals Act 1993 or the Special Immigration Appeals Commission Act 1997,
But on any subsequent such reference or application the court need not hear any argument as to fact or law that that court has heard previously.
A magistrates' court dealing with a reference under section 44 must sit in open court unless—
the detained person has made a claim for asylum and the court considers that there are compelling reasons why it should sit in private; or
the court considers that the interests of the administration of justice require it to sit in private.
Any proceedings before a magistrates' court or the sheriff under this Part may be conducted— even though that person is not an authorised advocate.
on behalf of the Secretary of State, by a person authorised by him, or
on behalf of the detained person, by a person nominated by him,
“Authorised advocate”—
in relation to England and Wales, has the meaning given by section 119 of the Courts and Legal Services Act 1990;
in relation to Scotland, means an advocate or solicitor;
in relation to Northern Ireland, means a barrister or solicitor.
“Rules” means rules made by the Lord Chancellor under section 144 of the Magistrates' Courts Act 1980 or under any corresponding provision having effect in Northern Ireland.
On a reference under section 44, the court may, after hearing representations from the parties, direct that the detained person is to be treated as being present in the court if he is able (whether by means of a live television link or otherwise) to see and hear the court and to be seen and heard by it.
If the detained person wishes to make representations under subsection (1) he must do so by using the facilities that will be used if the court decides to give the proposed direction.
If, after hearing representations from the parties, the court decides not to give a direction, it must give its reasons for refusing.
The court may not give a direction unless—
it has been notified by the Secretary of State that facilities are available in the relevant institution which will enable the detained person to see and hear the court and to be seen and heard by it; and
the notice has not been withdrawn.
“Relevant institution” means the institution in which the detained person will be detained at the time of the bail hearing.
The Secretary of State may by regulations make new provision in relation to applications for bail by persons detained under the 1971 Act.
The regulations may confer a right to be released on bail in prescribed circumstances.
The regulations may, in particular, make provision—
creating or transferring jurisdiction to hear an application for bail by a person detained under the 1971 Act;
as to the places in which such an application may be held;
as to the procedure to be followed on, or in connection with, such an application;
as to circumstances in which, and conditions (including financial conditions) on which, an applicant may be released on bail;
amending or repealing any enactment so far as it relates to such an application.
The regulations must include provision for securing that an application for bail made by a person who has brought an appeal under any provision of this Act or the Special Immigration Appeals Commission Act 1997 is heard by the appellate authority hearing that appeal.
When exercising his power under subsection (1), the Secretary of State must have regard to the desirability, in relation to applications for bail by persons detained under the 1971 Act, of making provision similar to that which is made by this Part in relation to references to the court under section 44.
Regulations under this section require the approval of the Lord Chancellor.
In so far as regulations under this section relate to the sheriff or the Court of Session, the Lord Chancellor must obtain the consent of the Scottish Ministers before giving his approval.
Paragraph 2 of Schedule 3 to the 1971 Act (detention or control pending deportation) is amended as follows.
In sub-paragraph (1), at the end insert “or he is released on bail”.
In sub-paragraph (3), after “unless” insert “he is released on bail or”.
Paragraphs 22 to 25 of Schedule 2 to this Act apply in relation to a person detained under sub-paragraph (1), (2) or (3) as they apply in relation to a person detained under paragraph 16 of that Schedule.
The Secretary of State may, with the approval of the Treasury, make grants to any voluntary organisation which provides advice or assistance for detained persons in connection with proceedings under this Part.
Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
There is to continue to be an Immigration Appeal Tribunal.
Schedule 2 makes further provision about the Tribunal.
There are to be such number of adjudicators for the purposes of this Act as the Lord Chancellor may determine.
The Lord Chancellor must appoint one of the adjudicators as Chief Adjudicator.
Schedule 3 makes further provision about the adjudicators.
The right of appeal given by a particular provision of this Part is to be read with any other provision of this Part which restricts or otherwise affects that right.
Part I of Schedule 4 makes provision with respect to the procedure applicable in relation to appeals under this Part.
Part II of Schedule 4 makes provision as to the effect of appeals.
Part III of Schedule 4 makes provision—
with respect to the determination of appeals under this Part; and
for further appeals.
For the purposes of the Immigration Acts, an appeal under this Part is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
An appeal is not to be treated as finally determined while a further appeal may be brought.
If such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
A pending appeal under this Part is to be treated as abandoned if the appellant leaves the United Kingdom.
A pending appeal under any provision of this Part other than section 69(3) is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom.
A pending appeal under section 61 is to be treated as abandoned if a deportation order is made against the appellant.
A person who is refused leave to enter the United Kingdom under any provision of the 1971 Act may appeal to an adjudicator against—
the decision that he requires leave; or
the refusal.
A person who, on an application duly made, is refused a certificate of entitlement or an entry clearance may appeal to an adjudicator against the refusal.
Subsection (4) applies if a person appeals under this section on being refused leave to enter the United Kingdom and—
before he appeals, directions have been given for his removal from the United Kingdom; or
before or after he appeals, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal as a result of the refusal will be for his removal to a country or one of several countries specified in the notice.
The appellant may— and claim that he ought to be removed (if at all) to a different country specified by him.
object to the country to which he would be removed in accordance with the directions, or
object to the country specified in the notice (or to one or more of those specified),
Section 59 does not entitle a person to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom if he does not hold—
a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
a certificate of entitlement.
Section 59 does not entitle a person to appeal, on the ground that he does not require leave to enter the United Kingdom, against a decision that he does require such leave if he is required by immigration rules or an order under section 8(2) of the 1971 Act to hold a specified document but does not do so.
Section 59 does not entitle a person to appeal against a refusal of leave to enter while he is in the United Kingdom unless, at the time of the refusal, he held a current entry clearance or was a person named in a current work permit.
Subsection (5) applies to a person who seeks to enter the United Kingdom—
as a visitor;
in order to follow a course of study of not more than six months' duration for which he has been accepted;
with the intention of studying but without having been accepted for any course of study; or
as a dependant of a person within paragraph (a), (b) or (c).
That person—
is not entitled to appeal under section 59 against a refusal of an entry clearance unless he is a family visitor; and
is not entitled to appeal against a refusal of leave to enter if he does not hold a current entry clearance at the time of the refusal.
The Secretary of State may by regulations make provision—
requiring a family visitor appealing under section 59 to pay such fee as may be fixed by the regulations;
for such an appeal not to be entertained unless the required fee has been paid by the appellant;
for the repayment of any such fee if the appeal is successful.
Section 59 does not entitle a person to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if the refusal is on the ground that he or any person whose dependant he is—
does not hold a relevant document required by the immigration rules;
does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
seeks entry for a period exceeding that permitted by the immigration rules.
The following are relevant documents—
entry clearances;
passports or other identity documents; and
work permits.
Section 59 does not entitle a person to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if—
the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good; or
the leave to enter, or entry clearance, was refused in compliance with any such directions.
“Family visitor” has such meaning as may be prescribed.
A person may appeal against a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom which he has if, as a result of that decision, he may be required to leave the United Kingdom within 28 days of being notified of the decision.
Section 61 does not entitle a person or a person whose dependant he is to appeal against a refusal to vary leave if the refusal is on the ground that—
a relevant document which is required by the immigration rules has not been issued;
the person does not satisfy a requirement of the immigration rules as to age or nationality or citizenship;
the variation would result in the duration of a person’s leave exceeding that permitted by the immigration rules; or
any fee required by or under any enactment has not been paid.
The following are relevant documents—
entry clearances;
passports or other identity documents; and
work permits or equivalent documents issued after entry.
Section 61 does not entitle a person to appeal against a refusal to vary leave if either of the following conditions is satisfied.
The conditions are—
that the Secretary of State has certified that the appellant’s departure from the United Kingdom would be conducive to the public good as being in the interests of national security, the relations between the United Kingdom and any other country or for other reasons of a political nature; or
that the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority).
A person is not entitled to appeal under section 61 against—
a variation made by statutory instrument; or
a refusal of the Secretary of State to make a statutory instrument.
A person may appeal to an adjudicator against—
a decision of the Secretary of State to make a deportation order against him under section 5(1) of the 1971 Act as a result of his liability to deportation under section 3(5) of that Act; or
a refusal by the Secretary of State to revoke a deportation order made against him.
A deportation order is not to be made against a person under section 5(1) of the 1971 Act while an appeal may be brought against the decision to make it.
Subsection (4) applies if—
a person appeals under this section; and
before or after he appeals, the Secretary of State serves on him notice that any directions which may be given for his removal as a result of the deportation order will be for his removal to a country or one of several countries specified in the notice.
The appellant may object to the country specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country specified by him.
Section 63 does not entitle a person to appeal against a decision to make a deportation order against him if the ground of the decision was that his deportation is conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature.
Section 63 does not entitle a person to appeal against a refusal to revoke a deportation order, if—
the Secretary of State has certified that the appellant’s exclusion from the United Kingdom would be conducive to the public good; or
revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority).
Section 63 does not entitle a person to appeal against a refusal to revoke a deportation order while he is in the United Kingdom, whether because he has not complied with the requirement to leave or because he has contravened the prohibition on entering.
Subsection (5) applies to—
an appeal against a decision to make a deportation order against a person as belonging to the family of another person; or
an appeal against a refusal to revoke a deportation order so made.
The appellant is not to be allowed, for the purpose of showing that he does not or did not belong to another person’s family, to dispute any statement made with a view to obtaining leave for the appellant to enter or remain in the United Kingdom (including any statement made to obtain an entry clearance).
But subsection (5) does not apply if the appellant shows—
that the statement was not so made by him or by any person acting with his authority; and
that, when he took the benefit of the leave, he did not know any such statement had been made to obtain it or, if he did know, he was under the age of eighteen.
A person who alleges that an authority has, in taking any decision under the Immigration Acts relating to that person’s entitlement to enter or remain in the United Kingdom, acted in breach of his human rights may appeal to an adjudicator against that decision unless he has grounds for bringing an appeal against the decision under the Special Immigration Appeals Commission Act 1997.
For the purposes of this Part, an authority acts in breach of a person’s human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the Human Rights Act 1998.
Subsections (4) and (5) apply if, in proceedings before an adjudicator or the Immigration Appeal Tribunal on an appeal, a question arises as to whether an authority has, in taking any decision under the Immigration Acts relating to the appellant’s entitlement to enter or remain in the United Kingdom, acted in breach of the appellant’s human rights.
The adjudicator, or the Tribunal, has jurisdiction to consider the question.
If the adjudicator, or the Tribunal, decides that the authority concerned acted in breach of the appellant’s human rights, the appeal may be allowed on that ground.
No appeal may be brought under this section by any person in respect of a decision if—
that decision is already the subject of an appeal brought by him under the Special Immigration Appeals Commission Act 1997; and
the appeal under that Act has not been determined.
“Authority” means—
the Secretary of State;
an immigration officer;
a person responsible for the grant or refusal of entry clearance.
This section applies if directions are given for a person’s removal from the United Kingdom—
on the ground that he is an illegal entrant;
under section 10; or
under the special powers conferred by Schedule 2 to the 1971 Act in relation to members of the crew of a ship or aircraft or persons coming to the United Kingdom to join a ship or aircraft as a member of the crew.
That person may appeal to an adjudicator against the directions on the ground that on the facts of his case there was in law no power to give them on the ground on which they were given.
This section does not entitle a person to appeal while he is in the United Kingdom unless he is appealing under section 65 or 69(5).
If a person appeals under this section against directions given by virtue of a deportation order, he may not dispute the original validity of that order.
This section applies if directions are given under the 1971 Act for a person’s removal from the United Kingdom—
on his being refused leave to enter,
on a deportation order being made against him, or
on his having entered the United Kingdom in breach of a deportation order.
That person may appeal to an adjudicator against the directions on the ground that he ought to be removed (if at all) to a different country specified by him.
Section 67 does not entitle a person to appeal against directions given on his being refused leave to enter the United Kingdom unless—
he is also appealing under section 59(1) against the decision that he requires leave to enter; or
he was refused leave at a time when he held a current entry clearance or was a person named in a current work permit.
If a person is entitled to object to a country on an appeal under section 59 or 63 and— section 67 does not entitle him to appeal against any directions subsequently given as a result of the refusal or order in question, if their effect will be his removal to that country.
he does not object to it on that appeal, or
his objection to it on that appeal is not sustained,
A person who claims that he ought to be removed to a country other than one he has objected to on an appeal under section 59, 63 or 67 must produce evidence, if he is not a national or citizen of that other country, that that country will admit him.
A person who is refused leave to enter the United Kingdom under the 1971 Act may appeal against the refusal to an adjudicator on the ground that his removal in consequence of the refusal would be contrary to the Convention.
If, as a result of a decision to vary, or to refuse to vary, a person’s limited leave to enter or remain in the United Kingdom, he may be required to leave the United Kingdom within 28 days of being notified of the decision, he may appeal against the decision to an adjudicator on the ground that such a requirement would be contrary to the Convention.
A person who— may, if that limited leave will not expire within 28 days of his being notified of the decision, appeal to an adjudicator against the refusal on the ground that requiring him to leave the United Kingdom after the time limited by that leave would be contrary to the Convention.
has been refused leave to enter or remain in the United Kingdom on the basis of a claim for asylum made by him, but
has been granted (whether before or after the decision to refuse leave) limited leave to enter or remain,
If the Secretary of State— that person may appeal to an adjudicator against the decision or refusal on the ground that his removal in pursuance of the order would be contrary to the Convention.
has decided to make a deportation order against a person under section 5(1) of the 1971 Act, or
has refused to revoke such an order,
If directions are given as mentioned in section 66(1) for the removal of a person from the United Kingdom, he may appeal to an adjudicator on the ground that his removal in pursuance of the directions would be contrary to the Convention.
“Contrary to the Convention” means contrary to the United Kingdom’s obligations under the Refugee Convention.
Section 69(1) does not entitle a person to appeal against a refusal of leave to enter if—
the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is in the interests of national security; or
the leave to enter was refused in compliance with any such directions.
Section 69(2) does not entitle a person to appeal against— if either of the following conditions is satisfied.
a variation of his leave which reduces its duration, or
a refusal to enlarge or remove the limit on its duration,
The conditions are—
that the Secretary of State has certified that the appellant’s departure from the United Kingdom would be in the interests of national security; or
that the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority).
Section 69(3) does not entitle a person to appeal against a refusal mentioned in paragraph (a) of that subsection if—
the reason for the refusal was that he was a person to whom the Refugee Convention did not apply by reason of Article 1(F) of that Convention; and
the Secretary of State has certified that the disclosure of material on which the refusal was based is not in the interests of national security.
Section 69(4)(a) does not entitle a person to appeal against a decision to make a deportation order against him if the ground of the decision was that his deportation is in the interests of national security.
Section 69(4)(b) does not entitle a person to appeal against a refusal to revoke a deportation order, if—
the Secretary of State has certified that the appellant’s exclusion from the United Kingdom would be in the interests of national security; or
if revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority).
A person may not bring an appeal on any of the grounds mentioned in subsections (1) to (5) of section 69—
if, before the time of the refusal, variation, decision or directions (as the case may be) he has not made a claim for asylum;
otherwise than under that section.
A person may not appeal under section 69(4)(b) if he has had the right to appeal under section 69(4)(a) (whether or not he has exercised it).
This section applies if a certificate has been issued under section 11 or 12.
The person in respect of whom the certificate was issued may appeal against it to an adjudicator on the ground that any of the conditions applicable to that certificate was not satisfied when it was issued, or has since ceased to be satisfied.
Unless a certificate issued under section 11 or 12 has been set aside on an appeal under section 65 or 71 or otherwise ceases to have effect, the person in respect of whom the certificate was issued is not entitled to appeal under this Act as respects any matter arising before his removal from the United Kingdom.
A person who has been, or is to be, sent to a member State or to a country designated under section 12(1)(b) is not, while he is in the United Kingdom, entitled to appeal—
under section 65 if the Secretary of State certifies that his allegation that a person acted in breach of his human rights is manifestly unfounded; or
under section 71.
No appeal under this Part may be made in relation to a decision made on an application if—
the application was required to be made in a prescribed form but was not made in that form; or
the applicant was required to take prescribed steps in relation to the application, or to take such steps at a prescribed time or within a prescribed period, but failed to do so.
This section applies where a person (“the appellant”) has appealed under the Special Immigration Appeals Commission Act 1997 or this Act and that appeal (“the original appeal”) has been finally determined.
If the appellant serves a notice of appeal making a claim that a decision of a decision-maker was in breach of the appellant’s human rights, the Secretary of State may certify that in his opinion—
the appellant’s claim—
could reasonably have been included in a statement required from him under section 74 but was not so included, or
could reasonably have been made in the original appeal but was not so made;
one purpose of such a claim would be to delay the removal from the United Kingdom of the appellant or of any member of his family; and
the appellant had no other legitimate purpose for making the claim.
On the issuing of a certificate by the Secretary of State under subsection (2), the appeal, so far as relating to that claim, is to be treated as finally determined.
Subsection (5) applies if a notice under section 74 was served on the appellant before the determination of his original appeal and the appellant has served a further notice of appeal.
The Secretary of State may certify that grounds contained in the notice of appeal were considered in the original appeal.
On the issuing of a certificate by the Secretary of State under subsection (5), the appeal, so far as relating to those grounds, is to be treated as finally determined.
Subsection (8) applies if, on the application of the appellant, an immigration officer or the Secretary of State makes a decision in relation to the appellant.
The immigration officer or, as the case may be, the Secretary of State may certify that in his opinion—
one purpose of making the application was to delay the removal from the United Kingdom of the appellant or any member of his family; and
the appellant had no other legitimate purpose for making the application.
No appeal may be brought under the Special Immigration Appeals Commission Act 1997 or this Act against a decision on an application in respect of which a certificate has been issued under subsection (8).
Nothing in section 58(6) affects the operation of subsections (3) and (6).
This section applies if—
the decision on an application for leave to enter or remain in the United Kingdom is that the application be refused; and
the applicant, while he is in the United Kingdom, is entitled to appeal against the refusal under the Special Immigration Appeals Commission Act 1997 or this Act.
This section also applies if—
as a result of a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom which a person has, he may be required to leave the United Kingdom within 28 days of being notified of the decision; and
that person is entitled to appeal against the decision under the Special Immigration Appeals Commission Act 1997 or this Act.
This section also applies if—
the Secretary of State has decided to make a deportation order against a person under section 5(1) of the 1971 Act as a result of his liability to deportation under section 3(5) of that Act; and
that person, while he is in the United Kingdom, is entitled to appeal against that decision under the Special Immigration Appeals Commission Act 1997 or this Act.
The decision-maker must serve on the applicant and on any relevant member of his family a notice requiring the recipient of the notice to state any additional grounds which he has or may have for wishing to enter or remain in the United Kingdom.
“Decision-maker” means the Secretary of State or (as the case may be) an immigration officer.
The statement must be—
in writing; and
served on the Secretary of State before the end of such period as may be prescribed.
A statement required under this section must—
if the person making it wishes to claim asylum, include a claim for asylum; and
if he claims that an act breached his human rights, include notice of that claim.
Regulations may prescribe the persons who, in relation to an applicant, are relevant members of his family.
Regulations may prescribe the procedure to be followed in connection with notices given and statements made in accordance with this section and, in particular, may prescribe the form in which such notices and statements are to be given or made.
This section applies if a person who—
is an illegal entrant,
is liable to be removed under section 10, or
has arrived in the United Kingdom without— makes a claim for asylum or a claim that it would be contrary to the United Kingdom’s obligations under the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom.
leave to enter;
an entry clearance; or
a current work permit in which he is named,
The person responsible for the determination of the claim must serve on the claimant and on any relevant member of his family a notice requiring the recipient of the notice to state any additional grounds which he has or may have for wishing to enter or remain in the United Kingdom.
The statement must be—
in writing; and
served on the person who is responsible for the determination of the claim before the end of such period as may be prescribed.
Regulations may prescribe the procedure to be followed in connection with notices given and statements made in accordance with this section and, in particular, may prescribe the form in which such notices and statements are to be given or made.
Regulations may prescribe the persons who, in relation to a claimant, are relevant members of his family.
Regulations may provide that, if a claim is determined against the claimant, prescribed provisions of section 73, 76, or 77 are to apply to an appeal against that determination by a person on whom a notice has been served under subsection (2), with such modifications (if any) as may be prescribed.
In this section—
“the applicant” means the person on whom a notice has been served under section 74(4);
“notice” means a notice served under that section; and
“statement” means the statement which the notice requires the applicant to make to the Secretary of State.
If the applicant’s statement does not mention a particular ground— he may not rely on that ground in any appeal under the Special Immigration Appeals Commission Act 1997 or this Part.
on which he wishes to enter or remain in the United Kingdom, and
of which he is aware at the material time,
Subsection (2) does not apply if—
the ground is a claim for asylum or a claim that an act breached the applicant’s human rights; or
the Secretary of State considers that the applicant had a reasonable excuse for the omission.
Subsection (5) applies if the applicant’s statement does not include a claim for asylum.
If the applicant claims asylum after the end of the period prescribed under section 74(6)(b), no appeal may be made under section 69 if the Secretary of State has certified that in his opinion —
one purpose of making the claim for asylum was to delay the removal from the United Kingdom of the applicant or of any member of his family; and
the applicant had no other legitimate purpose for making the application.
“Member of the family” has such meaning as may be prescribed.
This section applies in relation to—
an appeal brought on any of the grounds mentioned in section 69;
any other appeal against a decision—
to refuse an application for leave to enter or remain in the United Kingdom;
to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom, which has the result mentioned in section 74(2)(a); or
to make a deportation order against a person under section 5(1) of the 1971 Act as a result of his liability to deportation under section 3(5) of that Act.
Subject to section 72(2), the appellant is to be treated as also appealing on any additional grounds—
which he may have for appealing against the refusal, variation, decision or directions in question under any other provision of this Act; and
which he is not prevented (by any provision of section 76) from relying on.
In considering— the appellate authority may take into account any evidence which it considers to be relevant to the appeal (including evidence about matters arising after the date on which the decision appealed against was taken).
any ground mentioned in section 69, or
any question relating to the appellant’s rights under Article 3 of the Human Rights Convention,
In considering any other ground, the appellate authority may take into account only evidence—
which was available to the Secretary of State at the time when the decision appealed against was taken; or
which relates to relevant facts as at that date.
“Additional grounds”, in relation to an appeal, means any grounds specified in a statement made to the Secretary of State under section 74(4) other than those on which the appeal has been brought.
“Appellate authority” means an adjudicator, the Tribunal or the Special Immigration Appeals Commission.
Subsection (3) applies if—
a person who has brought an appeal under this Part has been notified of the Secretary of State’s decision to make a deportation order against him; and
as a result of section 64(1), he is not entitled to appeal against that decision under section 63.
Subsection (3) also applies if—
a person who has brought an appeal under this Part has been notified of the Secretary of State’s decision to refuse to revoke a deportation order made against him; and
as a result of section 64(2), he is not entitled to appeal against that refusal under section 63.
If he appeals against that decision under section 2(1) or 2A of the Special Immigration Appeals Commission Act 1997, any appeal under this Part is transferred to, and must be heard by, the Commission.
Subsection (5) applies if a person, in a statement required by a notice under section 74 or 75, states an additional ground which relates to a matter which may be the subject of an appeal under section 2(1) or 2A of the Special Immigration Appeals Commission Act 1997.
The appeal under this Part is transferred to, and must be heard by, the Commission.
If, at any time before it determines an appeal, the Immigration Appeal Tribunal considers that the appeal has no merit it may notify the appellant of its opinion.
A notice under subsection (1) must—
include an explanation of the Tribunal’s powers under this section; and
be made in such form as may be required by rules made under paragraph 3 of Schedule 4.
Subsection (1) does not apply if leave for appeal to the Tribunal was required.
Subsection (5) applies if an appeal which has been continued by the appellant after he has been given a notice under subsection (1) is dismissed.
The Tribunal may impose on the appellant, or on his representative, a penalty of the specified amount.
“Specified” means specified by an order made by the Lord Chancellor.
The Lord Chancellor may by order make such provision as he considers appropriate as to— of penalties imposed under this section.
the enforcement in England and Wales and Northern Ireland, and
the payment and application,
Such an order may, in particular, make provision similar to that made by sections 129 and 130 of the County Courts Act 1984.
An order imposing a penalty under subsection (5) may be enforced in Scotland as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
The Secretary of State may by regulations make provision for appeals against any immigration decision in relation to—
an EEA national;
a member of the family of an EEA national;
a member of the family of a United Kingdom national who is neither such a national nor an EEA national.
“Immigration decision” means a decision concerning a person’s removal from the United Kingdom or his entitlement—
to be admitted to the United Kingdom;
to reside, or to continue to reside, in the United Kingdom; or
to be issued with, or not to have withdrawn, a residence permit.
The regulations may also make provision for appeals against any decision concerning the matters mentioned in subsection (1) taken in relation to a citizen of any other State on whom any such entitlement has been conferred by an agreement to which the United Kingdom is a party or by which it is bound.
An appeal under the regulations lies to an adjudicator or, in such circumstances as may be prescribed, to the Commission.
The regulations may provide for appeals from the adjudicator or the Commission.
The regulations may prescribe cases, or classes of case, in which a person is not entitled to appeal while he is in the United Kingdom.
The regulations may make provision under which an appellant may be required to state, in such manner as may be prescribed, any grounds he has or may have for wishing to be admitted to, or to remain in, the United Kingdom additional to those on which he is appealing and for the consequences of such a requirement.
The regulations may—
amend sections 2 and 2A of the Special Immigration Appeals Commission Act 1997 (appellate jurisdiction of the Commission);
amend or revoke the Immigration (European Economic Area) Order 1994.
Part IV has effect subject to any regulations made under this section.
“EEA national” means a person who is, or claims to be, a national of an EEA State (other than the United Kingdom).
“United Kingdom national” means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties.
If a person claims to be an EEA national, he may not appeal under the regulations unless he produces— issued by an EEA State other than the United Kingdom.
a valid national identity card, or
a valid passport,
For the purposes of subsection (12), a document—
is to be regarded as being what it purports to be unless its falsity is reasonably apparent; and
is to be regarded as relating to the person producing it unless it is reasonably apparent that it relates to another person.
The regulations may—
prescribe the persons who, for the purposes of this section, are the members of a person’s family; and
make provision as to the manner in which membership of a person’s family is to be established.
“Residence permit” means any permit or other document issued by the Secretary of State as proof of the holder’s right of residence in the United Kingdom.
The Secretary of State may, with the approval of the Treasury, make grants to any voluntary organisation which provides advice or assistance for, or other services for the welfare of, persons who have rights of appeal under this Act.
Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
In this Part—
“the Executive” means the Northern Ireland Housing Executive;
“local authority” means—
“directed body” means a body to which a direction under subsection (3) of section 101 is given.
“voluntary organisations” means bodies (other than public or local authorities) whose activities are not carried on for profit.
“country” includes any territory;
the Asylum and Immigration Act 1996; and
“the Tribunal” means the Immigration Services Tribunal.
In this Part, references to the provision of immigration advice or immigration services are to the provision of such advice or services by a person—
in the United Kingdom (regardless of whether the persons to whom they are provided are in the United Kingdom or elsewhere); and
in the course of a business carried on (whether or not for profit) by him or by another person.
There is to be an Immigration Services Commissioner (referred to in this Part as “the Commissioner”).
The Commissioner is to be appointed by the Secretary of State after consulting the Lord Chancellor and the Scottish Ministers.
It is to be the general duty of the Commissioner to promote good practice by those who provide immigration advice or immigration services.
In addition to any other functions conferred on him by this Part, the Commissioner is to have the regulatory functions set out in Part I of Schedule 5.
The Commissioner must exercise his functions so as to secure, so far as is reasonably practicable, that those who provide immigration advice or immigration services—
are fit and competent to do so;
act in the best interests of their clients;
do not knowingly mislead any court, tribunal or adjudicator in the United Kingdom;
do not seek to abuse any procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure);
do not advise any person to do something which would amount to such an abuse.
The Commissioner—
must arrange for the publication, in such form and manner and to such extent as he considers appropriate, of information about his functions and about matters falling within the scope of his functions; and
may give advice about his functions and about such matters.
Part II of Schedule 5 makes further provision with respect to the Commissioner.
No person may provide immigration advice or immigration services unless he is a qualified person.
A person is a qualified person if—
he is registered with the Commissioner or is employed by, or works under the supervision of, such a person;
he is a member or employee of a body which is a registered person, or works under the supervision of such a member or employee;
he is authorised by a designated professional body to practise as a member of the profession whose members are regulated by that body, or works under the supervision of such a person;
he is registered with, or authorised by, a person in another EEA State responsible for regulating the provision in that EEA State of advice or services corresponding to immigration advice or immigration services or would be required to be so registered or authorised were he not exempt from such a requirement;
he is authorised by a body regulating the legal profession, or any branch of it, in another EEA State to practise as a member of that profession or branch; or
he is employed by a person who falls within paragraph (d) or (e) or works under the supervision of such a person or of an employee of such a person.
If a registered person’s registration has limited effect (by virtue of paragraph 2(2) of Schedule 6), neither paragraph (a) nor (b) of subsection (2) authorises the provision of advice or services falling outside the scope of that registration.
Subsection (1) does not apply to a person who—
is certified by the Commissioner as exempt (“an exempt person”);
is employed by an exempt person;
works under the supervision of an exempt person or an employee of an exempt person; or
who falls within a category of person specified in an order made by the Secretary of State for the purposes of this subsection.
A certificate under subsection (4)(a) may relate only to a specified description of immigration advice or immigration services.
Subsection (1) does not apply to a person—
holding an office under the Crown, when acting in that capacity;
employed by, or for the purposes of, a government department, when acting in that capacity;
acting under the control of a government department; or
otherwise exercising functions on behalf of the Crown.
An exemption given under subsection (4) may be withdrawn by the Commissioner.
The Commissioner must prepare and maintain a register for the purposes of section 84(2)(a) and (b).
The Commissioner must keep a record of the persons to whom he has issued a certificate of exemption under section 84(4)(a).
Schedule 6 makes further provision with respect to registration.
“Designated professional body” means—
The Law Society;
The Law Society of Scotland;
The Law Society of Northern Ireland;
The Institute of Legal Executives;
The General Council of the Bar;
The Faculty of Advocates; or
The General Council of the Bar of Northern Ireland.
If the Secretary of State considers that a designated professional body has consistently failed to provide effective regulation of its members in their provision of immigration advice or immigration services, he may by order amend subsection (1) to remove the name of that body.
If a designated professional body asks the Secretary of State to amend subsection (1) so as to remove its name, the Secretary of State may by order do so.
If the Secretary of State is proposing to act under subsection (2) he must, before doing so—
consult the Commissioner;
consult the Legal Services Ombudsman, if the proposed order would affect a designated professional body in England and Wales;
consult the Scottish Legal Services Ombudsman, if the proposed order would affect a designated professional body in Scotland;
consult the lay observers appointed under Article 42 of the Solicitors (Northern Ireland) Order 1976, if the proposed order would affect a designated professional body in Northern Ireland;
notify the body concerned of his proposal and give it a reasonable period within which to make representations; and
consider any representations so made.
An order under subsection (2) requires the approval of—
the Lord Chancellor, if it affects a designated professional body in England and Wales or Northern Ireland;
the Scottish Ministers, if it affects a designated professional body in Scotland.
Before deciding whether or not to give his approval under subsection (5)(a), the Lord Chancellor must consult—
the designated judges, if the order affects a designated professional body in England and Wales;
the Lord Chief Justice of Northern Ireland, if it affects a designated professional body in Northern Ireland.
Before deciding whether or not to give their approval under subsection (5)(b), the Scottish Ministers must consult the Lord President of the Court of Session.
If the Secretary of State considers that a body which— ought to be designated, he may by order amend subsection (1) to include the name of that body.
is concerned (whether wholly or in part) with regulating the legal profession, or a branch of it, in an EEA State,
is not a designated professional body, and
is capable of providing effective regulation of its members in their provision of immigration advice or immigration services,
The Commissioner must—
keep under review the list of designated professional bodies set out in subsection (1); and
report to the Secretary of State if he considers that a designated professional body is failing to provide effective regulation of its members in their provision of immigration advice or immigration services.
For the purpose of meeting the costs incurred by the Commissioner in discharging his functions under this Part, each designated professional body must pay to the Commissioner, in each year and on such date as may be specified, such fee as may be specified.
Any unpaid fee for which a designated professional body is liable under subsection (10) may be recovered from that body as a debt due to the Commissioner.
“Specified” means specified by an order made by the Secretary of State.
There is to be a tribunal known as the Immigration Services Tribunal (referred to in this Part as “the Tribunal”).
Any person aggrieved by a relevant decision of the Commissioner may appeal to the Tribunal against the decision.
“Relevant decision” means a decision—
to refuse an application for registration made under paragraph 1 of Schedule 6;
to withdraw an exemption given under section 84(4)(a);
under paragraph 2(2) of that Schedule to register with limited effect;
to refuse an application for continued registration made under paragraph 3 of that Schedule;
to vary a registration on an application under paragraph 3 of that Schedule; or
which is recorded under paragraph 9(1)(a) of Schedule 5.
The Tribunal is also to have the function of hearing disciplinary charges laid by the Commissioner under paragraph 9(1)(e) of Schedule 5.
Schedule 7 makes further provision with respect to the Tribunal and its constitution and functions.
This section applies if the Tribunal allows an appeal under section 87.
If the Tribunal considers it appropriate, it may direct the Commissioner—
to register the applicant or to continue the applicant’s registration;
to make or vary the applicant’s registration so as to have limited effect in any of the ways mentioned in paragraph 2(2) of Schedule 6;
to restore an exemption granted under section 84(4)(a); or
to quash a decision recorded under paragraph 9(1)(a) of Schedule 5 and the record of that decision.
This section applies if the Tribunal upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).
Subsection (3) applies if the person charged is—
a registered person;
a person employed by, or working under the supervision of, a registered person;
a member or employee of a body which is a registered person; or
a person working under the supervision of such a member or employee.
The Tribunal may—
direct the Commissioner to record the charge and the Tribunal’s decision on it for consideration when the registered person next applies for continued registration; or
direct the registered person to apply to the Commissioner for continued registration without delay.
If the person charged is certified by the Commissioner as exempt under section 84(4)(a), the Tribunal may direct the Commissioner to consider whether to withdraw his exemption.
If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the Tribunal may direct him to repay to the clients concerned such portion of those fees as it may determine.
The Tribunal may direct the person charged to pay a penalty to the Commissioner of such sum as it considers appropriate.
A direction given by the Tribunal under subsection (5) (or under subsection (6)) may be enforced by the clients concerned (or by the Commissioner)—
as if it were an order of a county court; or
in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
The Tribunal may direct that the person charged or any person employed by him or working under his supervision is to be—
subject to such restrictions on the provision of immigration advice or immigration services as the Tribunal considers appropriate;
suspended from providing immigration advice or immigration services for such period as the Tribunal may determine; or
prohibited from providing immigration advice or immigration services indefinitely.
The Commissioner must keep a record of the persons against whom there is in force a direction given by the Tribunal under subsection (8).
A disciplinary body may make an order directing that a person subject to its jurisdiction is to be—
subject to such restrictions on the provision of immigration advice or immigration services as the body considers appropriate;
suspended from providing immigration advice or immigration services for such period as the body may determine; or
prohibited from providing immigration advice or immigration services indefinitely.
“Disciplinary body” means any body—
appearing to the Secretary of State to be established for the purpose of hearing disciplinary charges against members of a designated professional body; and
specified in an order made by the Secretary of State.
The Secretary of State must consult the designated professional body concerned before making an order under subsection (2)(b).
For the purposes of this section, a person is subject to the jurisdiction of a disciplinary body if he is an authorised person or works under the supervision of an authorised person.
“Authorised person” means a person who is authorised by the designated professional body concerned to practise as a member of the profession whose members are regulated by that body.
A person who provides immigration advice or immigration services in contravention of section 84 or of a restraining order is guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
“Restraining order” means—
a direction given by the Tribunal under section 89(8) or paragraph 9(3) of Schedule 5; or
an order made by a disciplinary body under section 90(1).
If an offence under this section committed by a body corporate is proved— the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer, or
to be attributable to neglect on his part,
“Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.
If the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
If an offence under this section committed by a partnership in Scotland is proved— the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner, or
to be attributable to neglect on his part,
“Partner” includes a person purporting to act as a partner.
If it appears to the Commissioner that a person— the Commissioner may apply to a county court for an injunction, or to the sheriff for an interdict, restraining him from doing so.
is providing immigration advice or immigration services in contravention of section 84 or of a restraining order, and
is likely to continue to do so unless restrained,
If the court is satisfied that the application is well-founded, it may grant the injunction or interdict in the terms applied for or in more limited terms.
“Restraining order” has the meaning given by section 91.
No enactment or rule of law prohibiting or restricting the disclosure of information prevents a person from—
giving the Commissioner information which is necessary for the discharge of his functions; or
giving the Tribunal information which is necessary for the discharge of its functions.
No relevant person may at any time disclose information which— unless the disclosure is made with lawful authority.
has been obtained by, or given to, the Commissioner under or for purposes of this Act,
relates to an identified or identifiable individual or business, and
is not at that time, and has not previously been, available to the public from other sources,
For the purposes of subsection (2), a disclosure is made with lawful authority only if, and to the extent that—
it is made with the consent of the individual or of the person for the time being carrying on the business;
it is made for the purposes of, and is necessary for, the discharge of any of the Commissioner’s functions under this Act or any Community obligation of the Commissioner;
it is made for the purposes of any civil or criminal proceedings arising under or by virtue of this Part, or otherwise; or
having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.
A person who knowingly or recklessly discloses information in contravention of subsection (2) is guilty of an offence and liable—
on summary conviction, to a fine not exceeding the statutory maximum; or
on conviction on indictment, to a fine.
“Relevant person” means a person who is or has been—
the Commissioner;
a member of the Commissioner’s staff; or
an agent of the Commissioner.
In this Part—
“housing accommodation” includes flats, lodging houses and hostels;
References in this Part to support provided under section 95 include references to support which is provided under arrangements made by the Secretary of State under that section.
For the purposes of this Part, a claim for asylum is determined at the end of such period beginning— as may be prescribed.
on the day on which the Secretary of State notifies the claimant of his decision on the claim, or
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of,
An appeal is disposed of when it is no longer pending for the purposes of the Immigration Acts or the Special Immigration Appeals Commission Act 1997.
If an asylum-seeker’s household includes a child who is under 18 and a dependant of his, he is to be treated (for the purposes of this Part) as continuing to be an asylum-seeker while—
the child is under 18; and
he and the child remain in the United Kingdom.
Subsection (5) does not apply if, on or after the determination of his claim for asylum, the asylum-seeker is granted leave to enter or remain in the United Kingdom (whether or not as a result of that claim).
For the purposes of this Part, the Secretary of State may inquire into, and decide, the age of any person.
A notice under subsection (3) must be given in writing.
If such a notice is sent by the Secretary of State by first class post, addressed— it is to be taken to have been received by the asylum-seeker on the second day after the day on which it was posted.
to the asylum-seeker’s representative, or
to the asylum-seeker’s last known address,
The Secretary of State may provide, or arrange for the provision of, support for— who appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed.
asylum-seekers, or
dependants of asylum-seekers,
In prescribed circumstances, a person who would otherwise fall within subsection (1) is excluded.
For the purposes of this section, a person is destitute if—
he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or
he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs.
If a person has dependants, subsection (3) is to be read as if the references to him were references to him and his dependants taken together.
In determining, for the purposes of this section, whether a person’s accommodation is adequate, the Secretary of State—
must have regard to such matters as may be prescribed for the purposes of this paragraph; but
may not have regard to such matters as may be prescribed for the purposes of this paragraph or to any of the matters mentioned in subsection (6).
Those matters are—
the fact that the person concerned has no enforceable right to occupy the accommodation;
the fact that he shares the accommodation, or any part of the accommodation, with one or more other persons;
the fact that the accommodation is temporary;
the location of the accommodation.
In determining, for the purposes of this section, whether a person’s other essential living needs are met, the Secretary of State—
must have regard to such matters as may be prescribed for the purposes of this paragraph; but
may not have regard to such matters as may be prescribed for the purposes of this paragraph.
The Secretary of State may by regulations provide that items or expenses of such a description as may be prescribed are, or are not, to be treated as being an essential living need of a person for the purposes of this Part.
Support may be provided subject to conditions.
The conditions must be set out in writing.
A copy of the conditions must be given to the supported person.
Schedule 8 gives the Secretary of State power to make regulations supplementing this section.
Schedule 9 makes temporary provision for support in the period before the coming into force of this section.
Support may be provided under section 95—
by providing accommodation appearing to the Secretary of State to be adequate for the needs of the supported person and his dependants (if any);
by providing what appear to the Secretary of State to be essential living needs of the supported person and his dependants (if any);
to enable the supported person (if he is the asylum-seeker) to meet what appear to the Secretary of State to be expenses (other than legal expenses or other expenses of a prescribed description) incurred in connection with his claim for asylum;
to enable the asylum-seeker and his dependants to attend bail proceedings in connection with his detention under any provision of the Immigration Acts; or
to enable the asylum-seeker and his dependants to attend bail proceedings in connection with the detention of a dependant of his under any such provision.
If the Secretary of State considers that the circumstances of a particular case are exceptional, he may provide support under section 95 in such other ways as he considers necessary to enable the supported person and his dependants (if any) to be supported.
Unless the circumstances of a particular case are exceptional, support provided by the Secretary of State under subsection (1)(a) or (b) or (2) must not be wholly or mainly by way of payments made (by whatever means) to the supported person or to his dependants (if any).
But the Secretary of State may by order provide for subsection (3) not to apply—
in all cases, for such period as may be specified;
in such circumstances as may be specified;
in relation to specified categories of person; or
in relation to persons whose accommodation is in a specified locality.
The Secretary of State may by order repeal subsection (3).
“Specified” means specified in an order made under subsection (4).
When exercising his power under section 95 to provide accommodation, the Secretary of State must have regard to—
the fact that the accommodation is to be temporary pending determination of the asylum-seeker’s claim;
the desirability, in general, of providing accommodation in areas in which there is a ready supply of accommodation; and
such other matters (if any) as may be prescribed.
But he may not have regard to—
any preference that the supported person or his dependants (if any) may have as to the locality in which the accommodation is to be provided; or
such other matters (if any) as may be prescribed.
The Secretary of State may by order repeal all or any of the following—
subsection (1)(a);
subsection (1)(b);
subsection (2)(a).
When exercising his power under section 95 to provide essential living needs, the Secretary of State—
must have regard to such matters as may be prescribed for the purposes of this paragraph; but
may not have regard to such other matters as may be prescribed for the purposes of this paragraph.
In addition, when exercising his power under section 95 to provide essential living needs, the Secretary of State may limit the overall amount of the expenditure which he incurs in connection with a particular supported person— as he considers appropriate having regard to the temporary nature of the support that he is providing.
to such portion of the income support applicable amount provided under section 124 of the Social Security Contributions and Benefits Act 1992, or
to such portion of any components of that amount,
For the purposes of subsection (5), any support of a kind falling within section 96(1)(c) is to be treated as if it were the provision of essential living needs.
In determining how to provide, or arrange for the provision of, support under section 95, the Secretary of State may disregard any preference which the supported person or his dependants (if any) may have as to the way in which the support is to be given.
The Secretary of State may provide, or arrange for the provision of, support for— who it appears to the Secretary of State may be destitute.
asylum-seekers, or
dependants of asylum-seekers,
Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95.
Subsections (2) to (11) of section 95 apply for the purposes of this section as they apply for the purposes of that section.
A local authority may provide support for asylum-seekers and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 95.
Such support may be provided by the local authority—
in one or more of the ways mentioned in section 96(1) and (2);
whether the arrangements in question are made with the authority or with another person.
The Executive may provide support by way of accommodation for asylum-seekers and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 95, whether the arrangements in question are made with the Executive or with another person.
A local authority may incur reasonable expenditure in connection with the preparation of proposals for entering into arrangements under section 95.
The powers conferred on a local authority by this section include power to—
provide services outside their area;
provide services jointly with one or more bodies who are not local authorities;
form a company for the purpose of providing services;
tender for contracts (whether alone or with any other person).
This section applies if the Secretary of State asks— to assist him to exercise his power under section 95 to provide accommodation.
a local authority,
a registered social landlord,
a registered housing association in Scotland or Northern Ireland, or
the Executive,
The person to whom the request is made must co-operate in giving the Secretary of State such assistance in the exercise of that power as is reasonable in the circumstances.
Subsection (2) does not require a registered social landlord to act beyond its powers.
A local authority must supply to the Secretary of State such information about their housing accommodation (whether or not occupied) as he may from time to time request.
The information must be provided in such form and manner as the Secretary of State may direct.
“Registered social landlord” has the same meaning as in Part I of the Housing Act 1996.
“Registered housing association” has the same meaning—
in relation to Scotland, as in the Housing Associations Act 1985; and
in relation to Northern Ireland, as in Part II of the Housing (Northern Ireland) Order 1992.
The Secretary of State may by order designate as reception zones—
areas in England and Wales consisting of the areas of one or more local authorities;
areas in Scotland consisting of the areas of one or more local authorities;
Northern Ireland.
Subsection (3) applies if the Secretary of State considers that—
a local authority whose area is within a reception zone has suitable housing accommodation within that zone; or
the Executive has suitable housing accommodation.
The Secretary of State may direct the local authority or the Executive to make available such of the accommodation as may be specified in the direction for a period so specified—
to him for the purpose of providing support under section 95; or
to a person with whom the Secretary of State has made arrangements under section 95.
A period specified in a direction under subsection (3)—
begins on a date so specified; and
must not exceed five years.
A direction under subsection (3) is enforceable, on an application made on behalf of the Secretary of State, by injunction or in Scotland an order under section 45(b) of the Court of Session Act 1988.
The Secretary of State’s power to give a direction under subsection (3) in respect of a particular reception zone must be exercised by reference to criteria specified for the purposes of this subsection in the order designating that zone.
The Secretary of State may not give a direction under subsection (3) in respect of a local authority in Scotland unless the Scottish Ministers have confirmed to him that the criteria specified in the designation order concerned are in their opinion met in relation to that authority.
Housing accommodation is suitable for the purposes of subsection (2) if it—
is unoccupied;
would be likely to remain unoccupied for the foreseeable future if not made available; and
is appropriate for the accommodation of persons supported under this Part or capable of being made so with minor work.
If housing accommodation for which a direction under this section is, for the time being, in force— the direction may require the body to whom it is given to secure that that work is done without delay.
is not appropriate for the accommodation of persons supported under this Part, but
is capable of being made so with minor work,
The Secretary of State must make regulations with respect to the general management of any housing accommodation for which a direction under subsection (3) is, for the time being, in force.
Regulations under subsection (10) must include provision—
as to the method to be used in determining the amount of rent or other charges to be payable in relation to the accommodation;
as to the times at which payments of rent or other charges are to be made;
as to the responsibility for maintenance of, and repairs to, the accommodation;
enabling the accommodation to be inspected, in such circumstances as may be prescribed, by the body to which the direction was given;
with respect to the condition in which the accommodation is to be returned when the direction ceases to have effect.
Regulations under subsection (10) may, in particular, include provision—
for the cost, or part of the cost, of minor work required by a direction under this section to be met by the Secretary of State in prescribed circumstances;
as to the maximum amount of expenditure which a body may be required to incur as a result of a direction under this section.
The Secretary of State must by regulations make provision (“the dispute resolution procedure”) for resolving disputes arising in connection with the operation of any regulations made under subsection (10).
Regulations under subsection (13) must include provision—
requiring a dispute to be resolved in accordance with the dispute resolution procedure;
requiring the parties to a dispute to comply with obligations imposed on them by the procedure; and
for the decision of the person resolving a dispute in accordance with the procedure to be final and binding on the parties.
Before— the Secretary of State must consult such local authorities, local authority associations and other persons as he thinks appropriate.
designating a reception zone in Great Britain,
determining the criteria to be included in the order designating the zone, or
making regulations under subsection (13),
Before— the Secretary of State must consult the Executive and such other persons as he thinks appropriate.
designating Northern Ireland as a reception zone, or
determining the criteria to be included in the order designating Northern Ireland,
Before making regulations under subsection (10) which extend only to Northern Ireland, the Secretary of State must consult the Executive and such other persons as he thinks appropriate.
Before making any other regulations under subsection (10), the Secretary of State must consult—
such local authorities, local authority associations and other persons as he thinks appropriate; and
if the regulations extend to Northern Ireland, the Executive.
There are to be adjudicators to hear appeals under this Part.
A person appointed as an adjudicator under this Part is to be known as an Asylum Support Adjudicator (but is referred to in this Part as “an adjudicator”).
Schedule 10 makes further provision with respect to adjudicators.
If, on an application for support under section 95, the Secretary of State decides that the applicant does not qualify for support under that section, the applicant may appeal to an adjudicator.
If the Secretary of State decides to stop providing support for a person under section 95 before that support would otherwise have come to an end, that person may appeal to an adjudicator.
On an appeal under this section, the adjudicator may—
require the Secretary of State to reconsider the matter;
substitute his decision for the decision appealed against; or
dismiss the appeal.
The adjudicator must give his reasons in writing.
The decision of the adjudicator is final.
If an appeal is dismissed, no further application by the appellant for support under section 95 is to be entertained unless the Secretary of State is satisfied that there has been a material change in the circumstances.
The Secretary of State may by regulations provide for decisions as to where support provided under section 95 is to be provided to be appealable to an adjudicator under this Part.
Regulations under subsection (7) may provide for any provision of this section to have effect, in relation to an appeal brought by virtue of the regulations, subject to such modifications as may be prescribed.
The Secretary of State may pay any reasonable travelling expenses incurred by an appellant in connection with attendance at any place for the purposes of an appeal under this section.
The Secretary of State may make rules regulating—
the bringing of appeals under this Part; and
the practice and procedure of the adjudicators.
The rules may, in particular, make provision—
for the period within which an appeal must be brought;
as to the burden of proof on an appeal;
as to the giving and admissibility of evidence;
for summoning witnesses;
for an appeal to be heard in the absence of the appellant;
for determining an appeal without a hearing;
requiring reports of decisions of adjudicators to be published;
conferring such ancillary powers on adjudicators as the Secretary of State considers necessary for the proper discharge of their functions.
In making the rules, the Secretary of State must have regard to the desirability of securing, so far as is reasonably practicable, that appeals are brought and disposed of with the minimum of delay.
A person is guilty of an offence if, with a view to obtaining support for himself or any other person under any provision made by or under this Part, he—
makes a statement or representation which he knows is false in a material particular;
produces or gives to a person exercising functions under this Part, or knowingly causes or allows to be produced or given to such a person, any document or information which he knows is false in a material particular;
fails, without reasonable excuse, to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or
without reasonable excuse, knowingly causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.
A person is guilty of an offence if, with a view to obtaining any benefit or other payment or advantage under this Part for himself or any other person, he dishonestly—
makes a statement or representation which is false in a material particular;
produces or gives to a person exercising functions under this Part, or causes or allows to be produced or given to such a person, any document or information which is false in a material particular;
fails to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or
causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.
In the application of this section to Scotland, in subsection (1) for “dishonestly” substitute “knowingly”.
A person is guilty of an offence if, without reasonable excuse, he—
intentionally delays or obstructs a person exercising functions conferred by or under this Part; or
refuses or neglects to answer a question, give any information or produce a document when required to do so in accordance with any provision made by or under this Part.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person is guilty of an offence if, during any period in respect of which he has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person—
he persistently refuses or neglects, without reasonable excuse, to maintain that person in accordance with the undertaking; and
in consequence of his refusal or neglect, support under any provision made by or under this Part is provided for or in respect of that person.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both.
For the purposes of this section, a person is not to be taken to have refused or neglected to maintain another person by reason only of anything done or omitted in furtherance of a trade dispute.
If an offence under section 105, 106, 107 or 108 committed by a body corporate is proved— the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer, or
to be attributable to neglect on his part,
“Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.
If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
If an offence under section 105, 106, 107 or 108 committed by a partnership in Scotland is proved— the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner, or
to be attributable to neglect on his part,
“Partner” includes a person purporting to act as a partner.
The Secretary of State may from time to time pay to any local authority or Northern Ireland authority such sums as he considers appropriate in respect of expenditure incurred, or to be incurred, by the authority in connection with—
persons who are, or have been, asylum-seekers; and
their dependants.
The Secretary of State may from time to time pay to any— such sums as he considers appropriate in respect of services provided by the authority or association in connection with the discharge of functions under this Part.
local authority,
local authority association, or
Northern Ireland authority,
The Secretary of State may make payments to any local authority towards the discharge of any liability of supported persons or their dependants in respect of council tax payable to that authority.
The Secretary of State must pay to a body to which a direction under section 101(3) is given such sums as he considers represent the reasonable costs to that body of complying with the direction.
The Secretary of State must pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 101(3)(a).
The Secretary of State may pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 101(3)(b).
In subsections (5) and (6)—
Payments under subsection (1), (2) or (3) may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
“Northern Ireland authority” means—
the Executive; or
a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972.
The Secretary of State may make grants of such amounts as he thinks appropriate to voluntary organisations in connection with—
the provision by them of support (of whatever nature) to persons who are, or have been, asylum-seekers and to their dependants; and
connected matters.
Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
This section applies if, on an application made by the Secretary of State, the court determines that—
a person (“A”) has misrepresented or failed to disclose a material fact (whether fraudulently or otherwise); and
as a consequence of the misrepresentation or failure, support has been provided under section 95 or 98 (whether or not to A).
If the support was provided by the Secretary of State, the court may order A to pay to the Secretary of State an amount representing the monetary value of the support which would not have been provided but for A’s misrepresentation or failure.
If the support was provided by another person (“B”) in accordance with arrangements made with the Secretary of State under section 95 or 98, the court may order A to pay to the Secretary of State an amount representing the payment to B which would not have been made but for A’s misrepresentation or failure.
“Court” means a county court or, in Scotland, the sheriff.
This section applies if—
a person (“the sponsor”) has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person; and
during any period in relation to which the undertaking applies, support under section 95 is provided to or in respect of that other person.
The Secretary of State may make a complaint against the sponsor to a magistrates' court for an order under this section.
The court—
must have regard to all the circumstances (and in particular to the sponsor’s income); and
may order him to pay to the Secretary of State such sum (weekly or otherwise) as it considers appropriate.
But such a sum is not to include any amount attributable otherwise than to support provided under section 95.
In determining— the court must disregard any amount by which the sponsor’s current income exceeds his income during that period.
whether to order any payments to be made in respect of support provided under section 95 for any period before the complaint was made, or
the amount of any such payments,
An order under this section is enforceable as a magistrates' court maintenance order within the meaning of section 150(1) of the Magistrates' Courts Act 1980.
In the application of this section to Scotland—
omit subsection (6);
for references to a complaint substitute references to an application; and
for references to a magistrates' court substitute references to the sheriff.
In the application of this section to Northern Ireland, for references to a magistrates' court substitute references to a court of summary jurisdiction and for subsection (6) substitute—
Subsection (2) applies if, as a result of an error on the part of the Secretary of State, support has been provided to a person under section 95 or 98.
The Secretary of State may recover from a person who is, or has been, a supported person an amount representing the monetary value of support provided to him as a result of the error.
An amount recoverable under subsection (2) may be recovered as if it were a debt due to the Secretary of State.
The Secretary of State may by regulations make provision for other methods of recovery, including deductions from support provided under section 95.
No person is entitled to income-based jobseeker’s allowance under the Jobseekers Act 1995 or to— under the Social Security Contributions and Benefits Act 1992 while he is a person to whom this section applies.
attendance allowance,
severe disablement allowance,
invalid care allowance,
disability living allowance,
income support,
working families' tax credit,
disabled person’s tax credit,
a social fund payment,
child benefit,
housing benefit, or
council tax benefit,
No person in Northern Ireland is entitled to— under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 while he is a person to whom this section applies.
income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995, or
any of the benefits mentioned in paragraphs (a) to (j) of subsection (1),
This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.
Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.
In relation to the benefits mentioned in subsection (1)(f) or (g), “prescribed” means prescribed by regulations made by the Treasury.
In relation to the matters mentioned in subsection (2) (except so far as it relates to the benefits mentioned in subsection (1)(f) or (g)), “prescribed” means prescribed by regulations made by the Department.
Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental powers in relation to regulations) applies to regulations made by the Secretary of State or the Treasury under subsection (3) as it applies to regulations made under that Act.
Sections 133(2), 171(2) and 172(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 apply to regulations made by the Department under subsection (3) as they apply to regulations made by the Department under that Act.
“A person subject to immigration control” means a person who is not a national of an EEA State and who—
requires leave to enter or remain in the United Kingdom but does not have it;
has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;
has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or
has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.
“Maintenance undertaking”, in relation to any person, means a written undertaking given by another person in pursuance of the immigration rules to be responsible for that person’s maintenance and accommodation.
In section 21 of the National Assistance Act 1948 (duty of local authorities to provide accommodation), after subsection (1), insert—
In section 45 of the Health Services and Public Health Act 1968 (promotion by local authorities of the welfare of old people), after subsection (4), insert—
No arrangements under this paragraph may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely— Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local social services authority.
In section 161 of the Housing Act 1996 (allocation of housing accommodation only to qualifying persons), after subsection (2), insert—
In section 185 of the 1996 Act (persons from abroad not eligible for housing assistance), after subsection (2), insert—
In the 1996 Act, omit section 186 (asylum-seekers and their dependants).
In section 187(1) of the 1996 Act (provision of information by Secretary of State), in paragraph (a), for “or has become an asylum-seeker, or a dependant of an asylum-seeker” substitute “a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies”.
Each housing authority must secure that, so far as practicable, a tenancy of, or licence to occupy, housing accommodation provided under the accommodation provisions is not granted to a person subject to immigration control unless—
he is of a class specified in an order made by the Secretary of State; or
the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under section 95.
“Housing authority” means—
in relation to England and Wales, a local housing authority within the meaning of the Housing Act 1985;
in relation to Scotland, a local authority within the meaning of the Housing (Scotland) Act 1987; and
in relation to Northern Ireland, the Executive.
“Accommodation provisions” means—
in relation to England and Wales, Part II of the Housing Act 1985;
in relation to Scotland, Part I of the Housing (Scotland) Act 1987;
in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1981.
“Licence to occupy”, in relation to Scotland, means a permission or right to occupy.
“Tenancy”, in relation to England and Wales, has the same meaning as in the Housing Act 1985.
“Person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
This section does not apply in relation to any allocation of housing to which Part VI of the Housing Act 1996 (allocation of housing accommodation) applies.
A person subject to immigration control—
is not eligible for accommodation or assistance under the homelessness provisions, and
is to be disregarded in determining for the purposes of those provisions, whether another person— unless he is of a class specified in an order made by the Secretary of State.
is homeless or is threatened with homelessness, or
has a priority need for accommodation,
An order under subsection (1) may not be made so as to include in a specified class any person to whom section 115 applies.
“The homelessness provisions” means—
in relation to Scotland, Part II of the Housing (Scotland) Act 1987; and
in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1988.
“Person subject to immigration control” has the same meaning as in section 118.
In section 12 of the Social Work (Scotland) Act 1968 (general social welfare services of local authorities), after subsection (2) insert—
In section 13A of that Act (provision of residential accommodation with nursing), after subsection (3) insert—
In section 13B of that Act (provision of care and after-care), after subsection (2) insert—
In section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities), after subsection (2) insert—
In section 8 of that Act (provision of after-care services), after subsection (3) insert—
In the Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).
In Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1972 (prevention of illness, care and after-care), after paragraph (2) insert—
In Article 15 of that Order (general social welfare), after paragraph (5) insert—
In the Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).
In this section “eligible person” means a person who appears to the Secretary of State to be a person for whom support may be provided under section 95.
Subsections (3) and (4) apply if an application for support under section 95 has been made by an eligible person whose household includes a dependant under the age of 18 (“the child”).
If it appears to the Secretary of State that adequate accommodation is not being provided for the child, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, adequate accommodation for the child as part of the eligible person’s household.
If it appears to the Secretary of State that essential living needs of the child are not being met, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, essential living needs for the child as part of the eligible person’s household.
No local authority may provide assistance under any of the child welfare provisions in respect of a dependant under the age of 18, or any member of his family, at any time when—
the Secretary of State is complying with this section in relation to him; or
there are reasonable grounds for believing that—
the person concerned is a person for whom support may be provided under section 95; and
the Secretary of State would be required to comply with this section if that person had made an application under section 95.
“Assistance” means the provision of accommodation or of any essential living needs.
“The child welfare provisions” means—
section 17 of the Children Act 1989 (local authority support for children and their families);
section 22 of the Children (Scotland) Act 1995 (equivalent provision for Scotland); and
Article 18 of the Children (Northern Ireland) Order 1995 (equivalent provision for Northern Ireland).
Subsection (9) applies if accommodation provided in the discharge of the duty imposed by subsection (3) has been withdrawn.
Only the relevant authority may provide assistance under any of the child welfare provisions in respect of the child concerned.
“Relevant authority” means—
in relation to Northern Ireland, the authority within whose area the withdrawn accommodation was provided;
in any other case, the local authority within whose area the withdrawn accommodation was provided.
In such circumstances as may be prescribed, subsection (5) does not apply.
This section applies if—
a person is recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention; and
before the refugee was so recorded, he or his dependant was a person to whom section 115 applied.
Regulations may provide that a person mentioned in subsection (1)(b) may, within a prescribed period, claim the whole, or any prescribed proportion, of any benefit to which he would have been entitled had the refugee been so recorded when he made his claim for asylum.
Subsections (5) and (6) apply if the refugee has resided in the areas of two or more local authorities and he or his dependant makes a claim under the regulations in relation to housing benefit.
Subsections (5) and (6) also apply if the refugee has resided in the areas of two or more local authorities in Great Britain and he or his dependant makes a claim under the regulations in relation to council tax benefit.
The claim must be investigated and determined, and any benefit awarded must be paid or allowed, by such one of those authorities as may be prescribed by the regulations (“the prescribed authority”).
The regulations may make provision requiring a local authority who are not the prescribed authority to supply that authority with such information as they may reasonably require in connection with the exercise of their functions under the regulations.
The regulations may make provision in relation to a person who has received support under this Part or who is a dependant of such a person—
for the determination, or for criteria for the calculation, of the value of that support; and
for the sum which he would be entitled to claim under the regulations to be reduced by the whole, or any prescribed proportion, of that valuation.
The reductions permitted by subsection (7) must not exceed the amount of the valuation.
“Regulations” means—
in relation to jobseeker’s allowance under the Jobseekers Act 1995, regulations made by the Secretary of State under that Act or the Social Security Administration Act 1992;
in relation to jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995, regulations made by the Department under that Order or the Social Security Administration (Northern Ireland) Act 1992;
in relation to a benefit under the Social Security Contributions and Benefits Act 1992, regulations made by the Secretary of State under that Act or the Social Security Administration Act 1992;
in relation to a benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992, regulations made by the Department under that Act or the Social Security Administration (Northern Ireland) Act 1992.
For the purpose of exercising his functions under this Part, the Secretary of State is a corporation sole.
Any instrument in connection with the acquisition, management or disposal of property, real or personal, heritable or moveable, by the Secretary of State under this Part may be executed on his behalf by a person authorised by him for that purpose.
Any instrument purporting to have been so executed on behalf of the Secretary of State is to be treated, until the contrary is proved, to have been so executed on his behalf.
This section applies in relation to premises in which accommodation has been provided under section 95 or 98 for a supported person.
If, on an application made by a person authorised in writing by the Secretary of State, a justice of the peace is satisfied that there is reason to believe that— he may grant a warrant to enter the premises to the person making the application.
the supported person or any dependants of his for whom the accommodation is provided is not resident in it,
the accommodation is being used for any purpose other than the accommodation of the asylum-seeker or any dependant of his, or
any person other than the supported person and his dependants (if any) is residing in the accommodation,
A warrant granted under subsection (2) may be executed—
at any reasonable time;
using reasonable force.
In the application of subsection (2) to Scotland, read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace.
The power conferred by this section is to be exercised with a view to obtaining information about premises in which accommodation is or has been provided for supported persons.
The Secretary of State may require any person appearing to him— such premises, or any building which includes such premises, to provide him with such information with respect to the premises and the persons occupying them as he may specify.
to have any interest in, or
to be involved in any way in the management or control of,
A person who is required to provide information under this section must do so in accordance with such requirements as may be prescribed.
Information provided to the Secretary of State under this section may be used by him only in the exercise of his functions under this Part.
The Secretary of State may require any person conveying postal packets to supply redirection information to the Secretary of State—
for use in the prevention, detection, investigation or prosecution of criminal offences under this Part;
for use in checking the accuracy of information relating to support provided under this Part; or
for any other purpose relating to the provision of support to asylum-seekers.
The information must be supplied in such manner and form, and in accordance with such requirements, as may be prescribed.
The Secretary of State must make payments of such amount as he considers reasonable in respect of the supply of information under this section.
“Postal packet” has the same meaning as in the Post Office Act 1953.
“Redirection information” means information relating to arrangements made with any person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.
In the 1971 Act, after section 28, insert—
In the 1971 Act, after section 28A, insert—
In the 1971 Act, after section 28B, insert—
In the 1971 Act, after section 28C, insert—
In the 1971 Act, after section 28D, insert—
In the 1971 Act, in Schedule 2 after paragraph 25, insert—
In the 1971 Act, after section 28E, insert—
In the 1971 Act, after section 28F, insert—
In the 1971 Act, in Schedule 2 after paragraph 25A, insert—
In the 1971 Act, after section 28G, insert—
In the 1971 Act, in Schedule 2 after paragraph 25B, insert—
In the 1971 Act, after section 28H, insert—
In the 1971 Act, in Schedule 2 after paragraph 25C, insert—
In the 1971 Act, after section 28I, insert—
In the 1971 Act, after section 28J, insert—
In the 1971 Act, after section 28K, insert—
25E. Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.
If there are reasonable grounds for suspecting that a person is someone in respect of whom directions may be given under any of paragraphs 8 to 10 or 12 to 14, that person may be detained under the authority of an immigration officer pending—
In paragraph 17(2) of that Schedule (power to grant constable a warrant to search and arrest), for the words from “authorising any constable” to “if need be” substitute “authorising any immigration officer or constable to enter, if need be”.
Fingerprints may be taken by an authorised person from a person to whom this section applies.
Fingerprints may be taken under this section only during the relevant period.
Fingerprints may not be taken under this section from a person under the age of sixteen (“the child”) except in the presence of a person of full age who is—
the child’s parent or guardian; or
a person who for the time being takes responsibility for the child.
The person mentioned in subsection (3)(b) may not be—
an officer of the Secretary of State who is not an authorised person;
an authorised person.
“Authorised person” means—
a constable;
an immigration officer;
a prison officer;
an officer of the Secretary of State authorised for the purpose; or
a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a detention centre contract.
In subsection (5)(e) “contractor” and “detention centre contract” have the same meaning as in Part VIII.
This section applies to—
any person (“A”) who, on being required to do so by an immigration officer on his arrival in the United Kingdom, fails to produce a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship;
any person (“B”) who has been refused leave to enter the United Kingdom but has been temporarily admitted under paragraph 21 of Schedule 2 to the 1971 Act if an immigration officer reasonably suspects that B might break any condition imposed on him relating to residence or as to reporting to the police or an immigration officer;
any person (“C”) in respect of whom—
an immigration officer has given directions under paragraph 9(1) of Schedule 2 to the 1971 Act or under section 10;
the Secretary of State has given directions under paragraph 10(1) of Schedule 2 to the 1971 Act (but only in a case where it appears to the Secretary of State that the person is a person in respect of whom directions under paragraph 9 of that Schedule might be given); or
the Secretary of State has given directions under paragraph 1(1) of Schedule 3 to that Act;
any person (“D”) who has been arrested under paragraph 17 of Schedule 2 to the 1971 Act;
any person (“E”) who has made a claim for asylum;
any person (“F”) who is a dependant of any of those persons.
“The relevant period” begins—
for A, on his failure to produce the passport or other document;
for B, on the decision to admit him temporarily;
for C, on the direction being given;
for D, on his arrest;
for E, on the making of his claim for asylum; and
for F, at the same time as for the person whose dependant he is.
“The relevant period” ends on the earliest of the following—
the grant of leave to enter or remain in the United Kingdom;
for A, B, C or D, his removal or deportation from the United Kingdom;
for C, if a deportation order has been made against him, its revocation or otherwise ceasing to have effect;
for D, his release if he is no longer liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act;
for E, the final determination or abandonment of his claim for asylum; and
for F, at the same time as for the person whose dependant he is.
No fingerprints may be taken from A if the immigration officer considers that A has a reasonable excuse for the failure concerned.
No fingerprints may be taken from B unless the decision to take them has been confirmed by a chief immigration officer.
An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed—
if he is a constable, by a person designated for the purpose by the chief constable of his police force;
if he is a person mentioned in subsection (5)(b) or (e), by a chief immigration officer;
if he is a prison officer, by a person designated for the purpose by the governor of the prison;
if he is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State.
Neither subsection (3) nor subsection (12) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.
For the purposes of subsection (7)(f), a person is a dependant of another person if—
he is that person’s spouse or child under the age of eighteen; and
he does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.
“Claim for asylum” has the same meaning as in Part VI.
The Secretary of State may, by notice in writing, require a person to whom section 141 applies to attend at a specified place for fingerprinting.
The notice—
must give the person concerned a period of at least seven days within which to attend, beginning not earlier than seven days after the date of the notice; and
may require him to attend at a specified time of day or during specified hours.
A constable or immigration officer may arrest without warrant a person who has failed to comply with a requirement imposed on him under this section (unless the requirement has ceased to have effect).
Before a person arrested under subsection (3) is released—
he may be removed to a place where his fingerprints may conveniently be taken; and
his fingerprints may be taken (whether or not he is so removed).
A requirement imposed under subsection (1) ceases to have effect at the end of the relevant period (as defined by section 141).
If they have not already been destroyed, fingerprints must be destroyed before the end of the specified period beginning with the day on which they were taken.
If a person from whom fingerprints were taken proves that he is— the fingerprints must be destroyed as soon as reasonably practicable.
a British citizen, or
a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the 1971 Act,
If a person from whom fingerprints were taken— the fingerprints must be destroyed as soon as reasonably practicable.
in the case of E, is given indefinite leave to enter or remain in the United Kingdom, or
in any other case, is given leave to enter or remain in the United Kingdom,
Fingerprints taken from B must be destroyed as soon as reasonably practicable after his removal from the United Kingdom.
But subsection (4) does not apply if it appears to the Secretary of State that B has failed to comply with a restriction imposed on him under paragraph 21(2) of Schedule 2 to the 1971 Act.
Fingerprints taken from C must, if the directions cease to have effect, be destroyed as soon as reasonably practicable.
If a deportation order made against C is revoked, any fingerprints taken from him must be destroyed as soon as reasonably practicable.
If D ceases to be liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act, fingerprints taken from him must be destroyed as soon as reasonably practicable.
Fingerprints taken from F must be destroyed when fingerprints taken from the person whose dependant he is have to be destroyed.
The obligation to destroy fingerprints under this section applies also to copies of fingerprints.
The Secretary of State must take all reasonably practicable steps to secure—
that data which are held in electronic form and which relate to fingerprints which have to be destroyed as a result of this section are destroyed or erased; or
that access to such data is blocked.
The person to whom the data relate is entitled, on request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by subsection (11).
A certificate under subsection (12) must be issued within three months of the date of the request for it.
“Fingerprints” means fingerprints taken under section 141 and references to B, C, D, E and F are to the persons so described in that section.
“Specified period” means—
such period as the Secretary of State may specify by order;
if no period is so specified, ten years.
The Secretary of State may make regulations containing provisions equivalent to sections 141, 142 and 143 in relation to such other methods of collecting data about external physical characteristics as may be prescribed.
An immigration officer exercising any specified power to— must have regard to such provisions of a code as may be specified.
arrest, question, search or take fingerprints from a person,
enter and search premises, or
seize property found on persons or premises,
Subsection (1) also applies to an authorised person exercising the power to take fingerprints conferred by section 141.
Any specified provision of a code may have effect for the purposes of this section subject to such modifications as may be specified.
“Specified” means specified in a direction given by the Secretary of State.
“Authorised person” has the same meaning as in section 141.
“Code” means—
in relation to England and Wales, any code of practice for the time being in force under the Police and Criminal Evidence Act 1984;
in relation to Northern Ireland, any code of practice for the time being in force under the Police and Criminal Evidence (Northern Ireland) Order 1989.
This section does not apply to any person exercising powers in Scotland.
An immigration officer exercising any power conferred on him by the 1971 Act or this Act may, if necessary, use reasonable force.
Any person exercising a power conferred by section 141 or 142 or regulations under section 144 may, if necessary, use reasonable force.
In this Part—
the Asylum and Immigration Appeals Act 1993;
A manager must be appointed for every detention centre.
In the case of a contracted out detention centre, the person appointed as manager must be a detainee custody officer whose appointment is approved by the Secretary of State.
The manager of a detention centre is to have such functions as are conferred on him by detention centre rules.
The manager of a contracted out detention centre may not—
enquire into a disciplinary charge laid against a detained person;
conduct the hearing of such a charge; or
make, remit or mitigate an award in respect of such a charge.
The manager of a contracted out detention centre may not, except in cases of urgency, order—
the removal of a detained person from association with other detained persons;
the temporary confinement of a detained person in special accommodation; or
the application to a detained person of any other special control or restraint (other than handcuffs).
The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any detention centre or part of a detention centre.
While a detention centre contract for the running of a detention centre or part of a detention centre is in force—
the detention centre or part is to be run subject to and in accordance with the provisions of or made under this Part; and
in the case of a part, that part and the remaining part are to be treated for the purposes of those provisions as if they were separate detention centres.
If the Secretary of State grants a lease or tenancy of land for the purposes of a detention centre contract, none of the following enactments applies to the lease or tenancy—
Part II of the Landlord and Tenant Act 1954 (security of tenure);
section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture);
section 19(1), (2) and (3) of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988 (covenants not to assign etc.);
the Agricultural Holdings Act 1986;
sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses);
the Agricultural Holdings (Scotland) Act 1991;
section 14 of the Conveyancing Act 1881;
the Conveyancing and Law of Property Act 1892;
the Business Tenancies (Northern Ireland) Order 1996.
The Secretary of State must appoint a contract monitor for every contracted out detention centre.
A person may be appointed as the contract monitor for more than one detention centre.
The contract monitor is to have—
such functions as may be conferred on him by detention centre rules;
the status of a Crown servant.
The contract monitor must—
keep under review, and report to the Secretary of State on, the running of a detention centre for which he is appointed; and
investigate, and report to the Secretary of State on, any allegations made against any person performing custodial functions at that centre.
The contractor, and any sub-contractor of his, must do all that he reasonably can (whether by giving directions to the officers of the detention centre or otherwise) to facilitate the exercise by the contract monitor of his functions.
“Lease or tenancy” includes an underlease, sublease or sub-tenancy.
In relation to a detention centre contract entered into by the Secretary of State before the commencement of this section, this section is to be treated as having been in force at that time.
The Secretary of State may enter into a contract with another person—
for functions at, or connected with, a directly managed detention centre to be performed by detainee custody officers provided by that person; or
for such functions to be performed by certified prisoner custody officers who are provided by that person.
For the purposes of this section “detention centre” includes a short-term holding facility.
The Secretary of State may exercise the powers conferred by this section if it appears to him that—
the manager of a contracted out detention centre has lost, or is likely to lose, effective control of the centre or of any part of it; or
it is necessary to do so in the interests of preserving the safety of any person, or of preventing serious damage to any property.
The Secretary of State may appoint a person (to be known as the Controller) to act as manager of the detention centre for the period—
beginning with the time specified in the appointment; and
ending with the time specified in the notice of termination under subsection (5).
During that period—
all the functions which would otherwise be exercisable by the manager or the contract monitor are to be exercisable by the Controller;
the contractor and any sub-contractor of his must do all that he reasonably can to facilitate the exercise by the Controller of his functions; and
the staff of the detention centre must comply with any directions given by the Controller in the exercise of his functions.
The Controller is to have the status of a Crown servant.
If the Secretary of State is satisfied that a Controller is no longer needed for a particular detention centre, he must (by giving notice to the Controller) terminate his appointment at a time specified in the notice.
As soon as practicable after making an appointment under this section, the Secretary of State must give notice of the appointment to those entitled to notice.
As soon as practicable after terminating an appointment under this section, the Secretary of State must give a copy of the notice of termination to those entitled to notice.
Those entitled to notice are the contractor, the manager, the contract monitor and the Controller.
The Secretary of State must appoint a committee (to be known as the Visiting Committee) for each detention centre.
The functions of the Visiting Committee for a detention centre are to be such as may be prescribed by the detention centre rules.
Those rules must include provision—
as to the making of visits to the centre by members of the Visiting Committee;
for the hearing of complaints made by persons detained in the centre;
requiring the making of reports by the Visiting Committee to the Secretary of State.
Every member of the Visiting Committee for a detention centre may at any time enter the centre and have free access to every part of it and to every person detained there.
In section 5A of the Prison Act 1952 (which deals with the appointment and functions of Her Majesty’s Chief Inspector of Prisons), after subsection (5), insert—
The Secretary of State must make rules for the regulation and management of detention centres.
Detention centre rules may, among other things, make provision with respect to the safety, care, activities, discipline and control of detained persons.
On an application made to him under this section, the Secretary of State may certify that the applicant—
is authorised to perform escort functions; or
is authorised to perform both escort functions and custodial functions.
The Secretary of State may not issue a certificate of authorisation unless he is satisfied that the applicant—
is a fit and proper person to perform the functions to be authorised; and
has received training to such standard as the Secretary of State considers appropriate for the performance of those functions.
A certificate of authorisation continues in force until such date, or the occurrence of such event, as may be specified in the certificate but may be suspended or revoked under paragraph 7 of Schedule 11.
A certificate which authorises the performance of both escort functions and custodial functions may specify one date or event for one of those functions and a different date or event for the other.
If the Secretary of State considers that it is necessary for the functions of detainee custody officers to be conferred on prison officers or prisoner custody officers, he may make arrangements for that purpose.
A prison officer acting under arrangements made under subsection (5) has all the powers, authority, protection and privileges of a constable.
Schedule 11 makes further provision about detainee custody officers.
Custodial functions may be discharged at a detention centre only by—
a detainee custody officer authorised, in accordance with section 154(1), to perform such functions; or
a prison officer, or a certified prisoner custody officer, exercising functions in relation to the detention centre—
in accordance with arrangements made under section 154(5); or
as a result of a contract entered into under section 150(1)(b).
Schedule 12 makes provision with respect to discipline and other matters at detention centres and short-term holding facilities.
The Secretary of State may make arrangements for—
the delivery of detained persons to premises in which they may lawfully be detained;
the delivery of persons from any such premises for the purposes of their removal from the United Kingdom in accordance with directions given under the 1971 Act or this Act;
the custody of detained persons who are temporarily outside such premises;
the custody of detained persons held on the premises of any court.
Escort arrangements may provide for functions under the arrangements to be performed, in such cases as may be determined by or under the arrangements, by detainee custody officers.
“Court” includes—
adjudicators;
the Immigration Appeal Tribunal;
the Commission.
Escort arrangements may include entering into contracts with other persons for the provision by them of—
detainee custody officers; or
prisoner custody officers who are certified under section 89 of the Criminal Justice Act 1991, or section 114 or 122 of the Criminal Justice and Public Order Act 1994, to perform escort functions.
Schedule 13 makes further provision about escort arrangements.
A person responsible for performing a function of a kind mentioned in subsection (1), in accordance with a transfer direction, complies with the direction if he does all that he reasonably can to secure that the function is performed by a person acting in accordance with escort arrangements.
“Transfer direction” means a transfer direction given under—
section 48 of the Mental Health Act 1983 or section 71 of the Mental Health (Scotland) Act 1984 (removal to hospital of, among others, persons detained under the 1971 Act); or
in Northern Ireland, article 54 of the Mental Health (Northern Ireland) Order 1986 (provision corresponding to section 48 of the 1983 Act).
The Secretary of State may by regulations extend any provision made by or under this Part in relation to detention centres (other than one mentioned in subsection (2)) to short-term holding facilities.
Subsection (1) does not apply to section 150.
The Secretary of State may make rules for the regulation and management of short-term holding facilities.
A person who is or has been employed (whether as a detainee custody officer, prisoner custody officer or otherwise)— is guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular detained person.
in accordance with escort arrangements,
at a contracted out detention centre, or
to perform contracted out functions at a directly managed detention centre,
A person guilty of such an offence is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
“Contracted out functions” means functions which, as the result of a contract entered into under section 150, fall to be performed by detainee custody officers or certified prisoner custody officers.
For the purpose of taking a person to or from a detention centre under the order of any authority competent to give the order, a constable may act outside the area of his jurisdiction.
When acting under this section, the constable concerned retains all the powers, authority, protection and privileges of his office.
In the Marriage Act 1949, in section 26, omit subsection (2) (marriage under superintendent registrar’s certificate to be by licence issued by the registrar or without licence).
In section 27 of the 1949 Act—
in subsection (1), omit “without licence”;
omit subsection (2);
in subsection (3), in paragraph (a), omit “in the case of a marriage intended to be solemnized without licence,”;
in subsection (3), omit paragraph (b).
Section 32 of the 1949 Act (marriage under certificate by licence) shall cease to have effect.
In section 31 of the 1949 Act (marriage under certificate without licence requiring 21 days' notice)—
in subsection (1), omit “without licence” and for “twenty-one” substitute “15”;
in subsection (2), for “twenty-one” substitute “15”;
in subsection (4), omit “without licence” and for “said period of twenty-one days” substitute “waiting period in relation to each notice of marriage”.
In section 31 of the 1949 Act, after subsection (4) insert—
In section 31 of the 1949 Act, insert at the end—
In the Marriage Act 1949, in section 27(1) (persons by whom notice of marriage must be given)—
in paragraph (a), for “either” substitute “each”;
in paragraph (b), for “either” substitute “each” and for “each registration district in which one of them has resided” substitute “the registration district in which he or she has resided”.
In section 27 of the 1949 Act, in subsection (3) (matters to be stated in notice of marriage), for “and place of residence” substitute “, place of residence and nationality”.
In the 1949 Act, in section 26(1) (marriages which may be solemnized on authority of a certificate of a superintendent registrar), for “a certificate” substitute “two certificates”.
In the Marriage Law (Ireland) Amendment Act 1863, in section 2(3) (matters to be stated in notice of marriage), after “dwelling place” insert “and the nationality”.
In the Marriage Act 1949, after section 28, insert—
In the Marriage Law (Ireland) Amendment Act 1863, after section 3, insert—
In the Marriage Act 1949, in section 31(2) (issue of marriage certificate), for paragraph (a) substitute—.
In the 1949 Act, after section 31, insert—
In the Marriages (Ireland) Act 1844, in section 16 (issue of marriage certificate), for “provided that no lawful impediment be shown to the satisfaction of the registrar why such certificate should not issue” substitute “unless the registrar is not satisfied that there is no lawful impediment to the issue of the certificate”.
In the 1844 Act, after section 16, insert—
In section 3(2) of the Prosecution of Offences Act 1985 (proceedings which must be conducted by the Director of Public Prosecutions), after paragraph (a) insert—.
In the 1971 Act, after section 31, insert—
Any power to make rules, regulations or orders conferred by this Act is exercisable by statutory instrument.
But subsection (1) does not apply in relation to rules made under paragraph 1 of Schedule 5 or immigration rules.
Any statutory instrument made as a result of subsection (1) may—
contain such incidental, supplemental, consequential and transitional provision as the person making it considers appropriate;
make different provision for different cases or descriptions of case; and
make different provision for different areas.
No order is to be made under— unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
section 20,
section 21,
section 31(10),
section 86(2),
section 96(5),
section 97(3),
section 143(15), or
paragraph 4 of Schedule 5,
No regulations are to be made under— unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
section 9,
section 46(8);
section 53, or
section 144,
Any statutory instrument made under this Act, apart from one made— shall be subject to annulment by a resolution of either House of Parliament.
under any of the provisions mentioned in subsection (4) or (5), or
under section 24(3) or 170(4) or (7),
In this Act—
“the Immigration Acts” means—
“prescribed” means prescribed by regulations made by the Secretary of State;
the Immigration Act 1988;
The following expressions have the same meaning as in the 1971 Act— “certificate of entitlement”; “entry clearance”; “illegal entrant”; “immigration officer”; “immigration rules”; “port”; “United Kingdom passport”; “work permit”.
There is to be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State or the Lord Chancellor in consequence of this Act; and
any increase attributable to this Act in the sums so payable by virtue of any other Act.
Sums received by the Secretary of State under section 5, 32, 40, 112 or 113 or by the Lord Chancellor under section 48(4) or 49(4) must be paid into the Consolidated Fund.
Schedule 14 makes minor and consequential amendments.
Schedule 15 contains transitional provisions and savings.
The enactments set out in Schedule 16 are repealed.
This Act may be cited as the Immigration and Asylum Act 1999.
Subsections (1) and (2) of section 115 come into force on the day on which the first regulations made under Schedule 8 come into force.
The following provisions come into force on the passing of this Act—
section 4;
section 9;
section 15;
section 27;
section 31;
section 94;
section 95(13);
section 99(4) and (5);
sections 105 to 109;
section 110(1), (2) and (8) (so far as relating to subsections (1) and (2));
section 111;
section 124;
section 140;
section 145;
section 146(1);
sections 166 to 168;
this section;
Schedule 9;
paragraphs 62(2), 73, 78, 79, 81, 82, 87, 88 and 102 of Schedule 14;
paragraphs 2 and 13 of Schedule 15.
The other provisions of this Act, except section 10 and paragraph 12 of Schedule 15 (which come into force in accordance with section 9), come into force on such day as the Secretary of State may by order appoint.
Different days may be appointed for different purposes.
This Act extends to Northern Ireland.
Her Majesty may by Order in Council direct that any of the provisions of this Act are to extend, with such modifications (if any) as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.