SCHEDULE 6 continued
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(e)
require any relevant information which is held in a
computer and is accessible from the premises to be
produced in a form—
(i) in which it can be taken away; and
(ii) 5in which it is visible and legible.
(5)
For the purposes of sub-paragraph (4), a document or information
is “relevant” if the document or information relates to any matter
connected with the provision of immigration advice or
immigration services.
(6)
10The powers conferred on the Commissioner by sub-paragraphs (1)
to (5) may also be exercised by—
(a)
a member of the Commissioner’s staff authorised by the
Commissioner in writing, and
(b)
if the Commissioner so determines, a person appointed by
15the Commissioner to make a report on the provision of
immigration advice or immigration services from the
premises in question.
(7)
If a registered person fails without reasonable excuse to allow
access under this paragraph to any premises under the person’s
20occupation or control, the Commissioner may cancel the person’s
registration.
(8)
The Commissioner may also cancel the registration of a registered
person who—
(a)
without reasonable excuse fails to comply with a
25requirement imposed under sub-paragraph (4);
(b)
intentionally delays or obstructs any person exercising
functions under this paragraph; or
(c)
fails to take reasonable steps to prevent an employee of the
registered person from obstructing any person exercising
30such functions.
(9)
In this paragraph “premises” includes premises used wholly or
partly as a dwelling.”
Section 58
1
Schedule 2 to the Immigration Act 1971 (administrative provisions as to
control on entry etc) is amended in accordance with this Part of this
40Schedule.
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2 (1) Paragraph 3 is amended as follows.
(2)
In sub-paragraph (1), after “immigration officer” insert “or designated
person”.
(3) 5For sub-paragraph (1A) substitute—
“(1A)
If a person is examined under sub-paragraph (1) (whether by an
immigration officer or designated person), an immigration officer
may require the person, by notice in writing, to submit to further
examination by the immigration officer for a purpose specified in
10that sub-paragraph.”.
3 (1) Paragraph 4 is amended as follows.
(2)
In sub-paragraph (1), for “his functions” substitute “that or any other
person’s functions”.
(3) 15In sub-paragraph (2)—
(a)
for “shall, if so required by the immigration officer” substitute “, or
on his examination under paragraph 3 above by a designated person,
shall, if so required by an immigration officer or designated person”;
(b)
in paragraph (b), for “the immigration officer” substitute “the
20immigration officer or designated person”;
(c)
in the words after paragraph (b), for “the immigration officer”
substitute “the immigration officer or designated person”.
(4)
In sub-paragraph (3), for the words from “the immigration officer” to the
second “officer” substitute “an immigration officer or a person acting under
25the directions of an immigration officer”.
(5) In sub-paragraph (4), in the words before paragraph (a)—
(a)
for “produced or found” substitute “produced to or found by an
immigration officer”;
(b) for “an immigration officer” substitute “, the immigration officer”.
(6) 30After sub-paragraph (4) insert—
“(4A)
Where a passport or other document is produced to a designated
person in accordance with this paragraph, the designated
person—
(a) may examine it and detain it; and
(b)
35must deliver any detained passport or document to an
immigration officer as soon as reasonably practicable.
(4B)
If a passport or document is delivered to an immigration officer in
accordance with sub-paragraph (4A)(b), sub-paragraph (4)
applies as if the immigration officer had detained the document
40(and, accordingly, the immigration officer may continue to detain
it in accordance with sub-paragraph (4)(a), (b) or (c)).”.
(7)
In sub-paragraph (5), after “examination” insert “, or any immigration officer
or designated person,”.
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4 (1) Paragraph 5 is amended in accordance with sub-paragraphs (2) and (3).
(2) For “requiring passengers” substitute “requiring—
(a) passengers”.
(3) 5For “cards in such form” substitute “cards, and
(b)
passengers embarking in the United Kingdom, or any class
of such passengers, to produce to a designated person, if so
required, embarkation cards,
in such form”.
5 After paragraph 5 insert—
5A
(1)
In this Schedule “designated person” means a person designated
by the Secretary of State for the purposes of this Schedule.
(2)
15A designation under this paragraph is subject to such limitations
as may be specified in the designation.
(3)
A limitation under sub-paragraph (2) may, in particular, relate to
the functions that are exercisable by virtue of the designation (and,
accordingly, the exercise of functions under this Schedule by a
20designated person is subject to any such limitations specified in
the person’s designation).
(4) A designation under this paragraph—
(a) may be permanent or for a specified period,
(b) may (in either case) be withdrawn, and
(c) 25may be varied.
(5)
The power to designate, or to withdraw or vary a designation, is
exercised by the Secretary of State giving notice to the person in
question.
(6)
The Secretary of State may designate a person under this
30paragraph only if the Secretary of State is satisfied that the
person—
(a)
is capable of effectively carrying out the functions that are
exercisable by virtue of the designation,
(b)
has received adequate training in respect of the exercise of
35those functions, and
(c) is otherwise a suitable person to exercise those functions.”.
Immigration BillPage 93
6 After paragraph 5A (inserted by paragraph 5 above) insert—
5B (1) The Secretary of State may direct—
(a) 5an owner or agent of a ship or aircraft, or
(b) a person concerned in the management of a port,
to make arrangements for designated persons to exercise a
specified function, or a function of a specified description, in
relation to persons of a specified description.
(2) 10A direction under this paragraph must specify—
(a) the port where, and
(b) the date (or dates) and time (or times) when,
a function is to be exercised under the arrangements.
(3) A direction under this paragraph must be in writing.
(4)
15A direction under this paragraph may specify a description of
persons by reference, in particular, to—
(a) the destination to which persons are travelling;
(b) the route by which persons are travelling;
(c) the date and time when the persons are travelling.
(5) 20In this paragraph—
“function” means a function under this Schedule;
“specified” means specified in a direction under this
paragraph.”.
7
(1)
Section 27 of the Immigration Act 1971 (offences by persons connected with
ships or aircraft or with ports) is amended as follows.
(2) In paragraph (b)—
(a) 30after sub-paragraph (iii) insert—
“(iiia)
he fails, without reasonable excuse, to
comply with a direction under paragraph
5B of Schedule 2; or”;
(3) After paragraph (c) insert—
“(ca)
if as a person concerned in the management of a port he
fails, without reasonable excuse, to comply with a
direction under paragraph 5B of Schedule 2.”.
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Section 62
1
In Schedule 2 to the Immigration Act 1971 (administrative provisions as to
control on entry etc), in paragraph 11, after “immigration officer” insert “or
the Secretary of State”.
2 (1) 10The Nationality, Immigration and Asylum Act 2002 is amended as follows.
(2) In section 62 (detention by Secretary of State)—
(a) in subsection (1)—
(i)
in paragraph (a), after “under” insert “section 10 of the
Immigration and Asylum Act 1999 (removal of persons
15unlawfully in the United Kingdom) or”;
(ii) in paragraph (b), for “paragraphs” substitute “provisions”;
(b)
in subsection (2), for “that Act” substitute “the Immigration Act
1971”;
(c) omit subsections (5) and (6).
(3) 20In section 76 (revocation of leave to enter or remain)—
(a) in subsection (2), omit paragraphs (b) and (c);
(b) in subsection (4), omit the definition of “removed”.
3
In the Immigration, Asylum and Nationality Act 2006, section 47 (removal
25of persons with statutorily extended leave) is repealed.
4
In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (civil legal services), in paragraph 19(10), in the definition of “removal
directions”, omit paragraph (e).
5
The provisions shown in the table below are repealed in consequence of the
amendments made by section 1 and this Part of this Schedule.
| Title and reference | extent of repeal |
|---|---|
| Nationality, Immigration and Asylum Act 2002 |
Section 73(2) to (4). 35 |
| Section 74. | |
| Section 75(4). | |
| Section 76(7). |
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| Title and reference | extent of repeal |
|---|---|
| Immigration, Asylum and Nationality Act 2006 |
Section 48. |
| Crime and Courts Act 2013 | Section 51(3). |
| Immigration Act 2014 | 5In Schedule 1, paragraph 2(3) and (4). |
Immigration BillPage 96
6
(1)
The Special Immigration Appeals Commission Act 1997 is amended as
5follows.
(2)
In section 5 (procedure in relation to SIAC’s jurisdiction on appeals and
bail), after subsection (5) insert—
“(5A)
Rules under this section must secure that, where the Commission has
decided not to release a person on bail under paragraph 22 or 29 of
10Schedule 2 to the Immigration Act 1971, the Commission is required
to dismiss any further application by the person for release on bail
that is made during the period of 28 days starting with the date of the
Commission’s decision, unless there has been a material change in
circumstances.”
(3)
15In Schedule 3 (bail: modifications of Schedule 2 to the Immigration Act
1971), in paragraph 4, after sub-paragraph (1) insert—
“(1A)
In sub-paragraph (1) after “2002” there shall be inserted “or section
2 of the Special Immigration Appeals Commission Act 1997 or a
review pending under section 2E of that Act”.
7 (1) The Immigration and Asylum Act 1999 is amended as follows.
(2) Section 143 (destruction of fingerprints) is repealed.
(3)
25In section 144(1) (power to make provision about other biometric
information) for “, 142 and 143” substitute “and 142”.
(4)
Omit section 166(4)(g) (Parliamentary procedure for orders under section
143).
8
30Section 36 of the Anti-terrorism, Crime and Security Act 2001 (which
amends section 143 of the Immigration and Asylum Act 1999) is repealed.
Immigration BillPage 97
9
In section 126 of the Nationality, Immigration and Asylum Act 2002 (power
to require provision of physical data with certain immigration applications)
omit—
(a) 5the “or” at the end of subsection (2)(b),
(b) subsection (4)(g), and
(c) subsection (5).
10 The Immigration Act 1971 is amended as follows.
11
(1)
Section 3C (continuation of leave pending variation decision) is amended as
follows.
(2) In subsection (2)—
(a) 15omit the “or” at the end of paragraph (b);
(b) after paragraph (c) insert “, or
(d)
an administrative review of the decision on the
application for variation—
(i) could be sought, or
(ii) 20is pending.”
(3) After subsection (6) insert—
“(7) In this section—
“administrative review” means a review conducted under the
immigration rules;
25the question of whether an administrative review is pending is
to be determined in accordance with the immigration rules.”
12
(1)
Section 3D (continuation of leave following revocation) is amended as
follows.
(2) In subsection (2)—
(a) 30omit the “or” at the end of paragraph (a);
(b) after paragraph (b) insert, “or
“(c)
an administrative review of the variation or
revocation—
(i) could be sought, or
(ii) 35is pending.”
(3) After subsection (4) insert—
“(5) In this section—
“administrative review” means a review conducted under the
immigration rules;
40the question of whether an administrative review is pending is
to be determined in accordance with the immigration rules.”
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13
In section 40A of the British Nationality Act 1981 (deprivation of citizenship:
appeal), in subsection (3)—
(a) omit “, 83 or 83A”;
(b) 5omit paragraph (a).
14
In the Immigration and Asylum Act 1999, section 23 (monitoring refusals of
entry clearance) is repealed.
15 10The Nationality, Immigration and Asylum Act 2002 is amended as follows.
16 In section 72 (serious criminal), in subsection (9)(a)—
(a) omit “, 83, 83A or 101”;
(b)
for the words from “that to remove him” to the end substitute
“mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the
15United Kingdom’s obligations under the Refugee Convention),
and”.
17
In section 79 (deportation order: appeal), in subsection (1) for “against”
substitute “that may be brought or continued from within the United
Kingdom relating to”.
18
20For the heading to Part 5, substitute “Appeals in respect of Protection and
Human Rights Claims”.
19 In section 85 (matters to be considered)—
(a) in subsection (2), for “84(1)” substitute “84”;
(b) in subsection (4)—
(i) 25omit “, 83(2) or 83A(2)”;
(ii) omit “evidence about”;
(iii) omit “evidence which concerns”.
20
Section 85A (matters to be considered: new evidence: exceptions) is
repealed.
21 30In section 86 (determination of appeal)—
(a) in subsection (1), omit “, 83 or 83A”;
(b) in subsection (2), omit “(whether or not by virtue of section 85(1))”;
(c) omit subsections (3) to (6).
22 Sections 87 to 91 are repealed.
23 (1) 35Section 94 (appeal from within the United Kingdom) is amended as follows.
(2) In the heading, for “asylum” substitute “protection”.
(3) For subsections (1) to (2) substitute—
“(1)
The Secretary of State may certify a protection claim or human rights
claim as clearly unfounded.”
(4) 40In subsection (3)—
Immigration BillPage 99
(a) for “an asylum claimant or human rights” substitute “a”;
(b) for “subsection (2)” substitute “subsection (1)”.
(5) In subsection (6A) for “an asylum claimant or human rights” substitute “a”.
(6)
In subsection (7), for the words from the beginning to “certifies that”
5substitute “The Secretary of State may certify a protection claim or human
rights claim made by a person if”.
(7)
In subsection (8)(b), at the end insert “or with the United Kingdom’s
obligations in relation to persons eligible for a grant of humanitarian
protection”.
(8) 10Omit subsection (9).
24 In section 94A (European Common List of Safe Countries of Origin)—
(a)
in subsection (2), for “an asylum claim” substitute “a protection
claim”;
(b) in subsection (4) for “94(2)” substitute “94(1)”.
25 15Section 95 (appeal from outside the United Kingdom: removal) is repealed.
26 (1) Section 96 (earlier right of appeal) is amended as follows.
(2) In subsection (1)—
(a)
in the opening words, for the words from the beginning to “brought”
substitute “A person may not bring an appeal under section 82
20against a decision (“the new decision”)”;
(b) in paragraph (a), omit “immigration”;
(c) in paragraph (b) for “matter” substitute “ground”;
(d) in paragraph (c) for “matter” substitute “ground”.
(3) For subsection (2) substitute—
“(2)
25A person may not bring an appeal under section 82 if the Secretary
of State or an immigration officer certifies—
(a) that the person has received a notice under section 120(2),
(b)
that the appeal relies on a ground that should have been, but
has not been, raised in a statement made under section 120(2)
30or (5), and
(c)
that, in the opinion of the Secretary of State or the
immigration officer, there is no satisfactory reason for that
ground not having been raised in a statement under section
120(2) or (5).”
27 35In section 97 (national security etc)—
(a) in subsection (1), omit “, 83(2) or 83A(2)”;
(b) in subsection (3), omit “, 83(2) or 83A(2)”.
28 In section 97A (national security: deportation)—
(a)
in subsection (2B), for the words from “breach” to the end substitute
40“be unlawful under section 6 of the Human Rights Act 1998 (public
authority not to act contrary to Human Rights Convention)”;
(b) omit subsections (2D), (2E) and (3).
29
Section 97B (variation of leave on grounds of public good: rights of appeal)
is repealed.