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| |
| |
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| | (c) | the Secretary of State has given the registration authority or authorities |
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| | the section 45 notice, and |
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| | (d) | that notice is of a decision that one or both of the parties to the referred |
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| | civil partnership have not complied with the investigation.’. |
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| |
| | |
| Schedule 4, page 77, line 19, at end insert— |
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| | |
| | “70 day period” has the same meaning as in section 45 of the 2014 Act; |
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| | “relevant statutory period” has the same meaning as in section 43 of the |
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| | |
| | “section 43 notice” means notice under section 43(8) of the 2014 Act; |
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| | “section 45 notice” means notice under section 45(6) of the 2014 Act.’. |
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| |
| |
| | |
| Clause 48, page 38, line 3, leave out from ‘person’ to end of line 6. |
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| |
| | |
| Clause 48, page 38, line 32, leave out from beginning to end of line 33. |
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| |
| |
| | |
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| Schedule 6, page 84, line 29, at end insert ‘; and |
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| | ‘( ) | require the fee for organisations which are charities, or which do not |
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| | charge fees to clients, or which operate as not-for-profit |
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| | |
| |
| | |
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| Schedule 6, page 85, line 25, at end insert— |
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| | ‘4B(1) | When the Commissioner cancels a person’s registration, she must ensure that |
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| | the case files of all the people represented by that person are— |
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| | (a) | returned to the individual represented; |
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| | (b) | transferred to another person with the consent of the individual |
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| | |
| | (c) | passed to the Commissioner to arrange secure storage and the |
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| | possibility of retrieval for the files for a period of at least six years. |
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| | (2) | The Commissioner must make such arrangements as she sees fit to ensure that |
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| | individuals are aware of the cancellation of the registration of their adviser and |
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| | how they may retrieve their files. |
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| |
| |
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| | (3) | After files have been kept in such storage for six years, the Commissioner may |
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| | make arrangements for them to be securely destroyed.’. |
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| |
| |
| | |
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| Clause 59, page 45, line 32, at end insert— |
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| | ‘( ) | the quality of decision-making on the types of application for which the |
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| | fee is charged and whether decisions are made within performance |
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| | |
| |
| | |
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| Clause 59, page 45, line 34, leave out ‘may’ and insert ‘must’. |
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| |
| | |
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| Clause 59, page 45, leave out line 38 and insert— |
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| | ‘( ) | Regulations may make provision about—’. |
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| |
| | |
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| Clause 59, page 45, line 41, at end insert— |
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| | ‘( ) | Fees regulations must provide for the refund of a fee paid to lodge an appeal |
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| | against an immigration decision when the Secretary of State withdraws the |
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| | decision appealed against before the appeal is heard.’. |
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| |
| |
| | |
| Schedule 8, page 93, line 22, at end insert— |
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| | ‘Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19) |
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| | | In section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc) |
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| | Act 2004 (claimant’s credibility; definitions), in paragraph (d) of the definition |
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| | of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.’. |
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| |
| | |
| Schedule 8, page 95, line 39, after ‘rules’, insert ‘by a senior officer independent of |
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| |
| |
| | |
| Schedule 8, page 103, line 19, after ‘52(2)’, insert ‘(apart from paragraph 5(3)(d) |
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| |
| |
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| of Schedule 5 to the Immigration and Asylum Act 1999)’. |
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| |
| |
| | |
| Clause 63, page 48, line 16, leave out from ‘subsection’ to end of line 17, and insert |
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| ‘may not be made unless a draft has been laid before, and approved by resolution of, each |
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| |
| |
| | |
| Clause 63, page 48, line 22, after ‘purposes’ insert ‘or areas’. |
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| |
| |
| | Consultation with the devolved administrations |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Prior to the implementation of sections 15 to 32 the Secretary of State shall |
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| | consult with the Scottish Government, the Northern Ireland Executive, and the |
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| | Welsh Government on the implementation and principles of these sections.’. |
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| |
| | Pilot of residential housing provisions |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Sections 15 to 32 shall not come into force until— |
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| | (a) | a pilot of these measures has been undertaken in— |
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| | |
| | (ii) | one local authority in a county in England; |
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| | (iii) | one local authority in a county in Wales; |
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| | (iv) | one local authority in a county in Scotland; and |
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| | (v) | one local authority in a county in Northern Ireland. |
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| | (2) | Each pilot shall last for a period of six months. |
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| |
| |
|
| | (3) | At the conclusion of each pilot, the Secretary of State must prepare and publish a |
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| | report and must lay a copy of the report before Parliament. |
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| | (4) | Each report shall contain an evaluation of the effects of sections 15 to 32 on the |
|
| | level of discrimination in the private rental housing sector. |
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| | (5) | A Minister of the Crown must, not later than three months after the report has |
|
| | been laid before Parliament, make a motion in the House of Commons in relation |
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| | |
| | (6) | If a motion under subsection (5) has been approved by the House of Commons, |
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| | the provisions of sections 15 to 32 come into force on whatever day or days the |
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| | Secretary of State appoints by order made by statutory instrument.’. |
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| |
| | Police Ombudsman for Northern Ireland |
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| |
| | |
| To move the following Clause:— |
|
| | After section 60ZA of the Police (Northern Ireland) Act 1998 insert— |
|
| | “60ZB | Immigration and customs enforcement functions |
|
| | (1) | The Ombudsman and the Secretary of State may enter into an agreement |
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| | to establish, in relation to the exercise of specified enforcement functions |
|
| | by relevant officials, procedures which correspond to or are similar to |
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| | any of those established by virtue of this Part. |
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| | (2) | Where no such procedures are in force in relation to a particular kind of |
|
| | relevant official, the Secretary of State may by order establish such |
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| | procedures in relation to the exercise of specified enforcement functions |
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| | by that kind of relevant official. |
|
| | (3) | “Relevant officials” means— |
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| | (a) | immigration officers and other officials of the Secretary of State |
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| | exercising functions relating to immigration or asylum; |
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| | (b) | designated customs officials, and officials of the Secretary of |
|
| | State, exercising customs functions (within the meaning of Part |
|
| | 1 of the Borders, Citizenship and Immigration Act 2009); |
|
| | (c) | the Director of Border Revenue exercising customs revenue |
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| | functions (within the meaning of that Part of that Act), and |
|
| | persons exercising such functions of the Director; |
|
| | (d) | persons providing services pursuant to arrangements relating to |
|
| | the discharge of a function within paragraph (a), (b), or (c). |
|
| | (4) | “Enforcement functions” includes, in particular— |
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| | |
| | (b) | powers to search persons or property, |
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| | (c) | powers to seize or detain property, |
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| | (d) | powers to arrest persons, |
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| | (e) | powers to detain persons, and |
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|
|
| |
| |
|
| | (f) | powers to examine persons or otherwise to obtain information |
|
| | (including powers to take fingerprints or to acquire other |
|
| | |
| | (5) | “Specified” means specified in an agreement under subsection (1) or an |
|
| | order under subsection (2). |
|
| | (6) | “Immigration officer” means a person appointed under paragraph 1(1) of |
|
| | Schedule 2 to the Immigration Act 1971. |
|
| | 60ZC | Section 60ZB: supplementary |
|
| | (1) | An agreement under section 60ZB may at any time be varied or |
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| | |
| | (a) | by the Secretary of State, or |
|
| | (b) | by the Ombudsman, with the consent of the Secretary of State. |
|
| | (2) | Before making an order under section 60ZB the Secretary of State must |
|
| | consult the Ombudsman and such persons as the Secretary of State thinks |
|
| | |
| | (3) | An agreement or order under section 60ZB may provide for payment by |
|
| | the Secretary of State to or in respect of the Ombudsman. |
|
| | (4) | An agreement or order under section 60ZB must relate only to the |
|
| | exercise of enforcement functions— |
|
| | (a) | wholly in Northern Ireland, or |
|
| | (b) | partly in Northern Ireland and partly in another part of the United |
|
| | |
| | (5) | An agreement or order under section 60ZB must relate only to the |
|
| | exercise of enforcement functions on or after the day on which the |
|
| | agreement or order is made. |
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| | (6) | An agreement or order under section 60ZB must not provide for |
|
| | procedures in relation to so much of any complaint or matter as relates to |
|
| | functions conferred by or under Part 8 of the Immigration and Asylum |
|
| | Act 1999 (detained persons & removal centres etc.).” |
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| |
| | Domestic abuse and female genital mutilation |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘No charge under section 33 may be imposed for health services— |
|
| | (a) | relating to injuries sustained as a result of domestic abuse as defined in |
|
| | Home Office Circular 003/2013 “New government domestic violence |
|
| | and abuse definition”, or |
|
|
|
| |
| |
|
| | (b) | relating to injuries sustained as a result of female genital mutilation as |
|
| | defined in the Female Genital Mutilation Act 2003.’. |
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| |
| | Impact on victims of domestic abuse and female genital mutilation |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘Prior to implementation of section 33 the Secretary of State must publish an |
|
| | assessment of the projected impact on— |
|
| | (a) | victims of domestic abuse as defined in Home Office Circular 003/2013 |
|
| | “New government domestic violence and abuse definition” or |
|
| | (b) | victims of female genital mutilation as defined in the Female Genital |
|
| | |
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | No charge under section 33 may be imposed on victims or suspected victims of |
|
| | |
| | (2) | The Secretary of State must— |
|
| | (a) | issue a code of practice for identifying suspected victims of human |
|
| | trafficking for the purposes of this chapter, |
|
| | (b) | from time to time review the code, and may revise and re-issue it |
|
| | |
| | (c) | lay the code, and any revision of the code, before Parliament.’. |
|
| |
| | Review of appeals process |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Following Royal Assent of this Bill the Secretary of State shall produce a review |
|
| | after 12 months to be laid in the Library of the House of the numbers of people |
|
|
|
| |
| |
|
| | successfully deported within a calendar year of the decision under sections 11 to |
|
| | |
| |
| | Residence permit: domestic violence |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person (P) shall be entitled to a residence permit for three months for rest and |
|
| | |
| | (a) | P is married, in a civil partnership, or in a durable relationship with |
|
| | someone who is lawfully in the UK; and |
|
| | (b) | P is in the UK as a dependant of that other person; and |
|
| | (c) | the relationship breaks down as a result of domestic violence. |
|
| | (2) | The residence permit shall be available to P and any dependants already in the UK |
|
| | with entitlement to work.’. |
|
| |
| | Non-discriminatory shifts and hours of work |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘In section 39 of the Equality Act 2010 (Employees and applicants), after |
|
| | |
| | “(ba) | as to B’s shifts or hours of work;”.’. |
|
| |
| | Gangmasters: licensing of activities |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘In section 3 of the Gangmasters (Licensing) Act 2004 (Work to which this Act |
|
| | applies), after paragraph (1)(c) insert— |
|
|