Immigration Bill (HC Bill 110)

30 Section 98 (other grounds of public good) is repealed.

31 In section 99—

(a) in the heading, for “Sections 97 and 98” substitute “Section 97”;

(b) in subsection (1), omit “or 98”.

32 (1) 5Section 104 (pending appeal) is amended as follows.

(2) Omit subsection (4).

(3) In subsection (4A), for “subsections (4B) and (4C)” substitute “subsection
(4B)”.

(4) In subsection (4B)—

(a) 10for “the ground relating to the Refugee Convention specified in
section 84(1)(g)” substitute “a ground specified in section 84(1)(a) or
(b) or 84(3) (asylum or humanitarian protection)”;

(b) omit paragraph (a) (and the “and” immediately following it).

(5) Omit subsections (4C) and (5).

33 (1) 15Section 105 (notice of immigration decision) is amended as follows.

(2) In subsection (1), for “immigration” substitute “appealable”.

(3) In subsection (2)—

(a) in the opening words, for “a decision against which the person is
entitled to appeal under section 82(1)” substitute “an appealable
20decision”;

(b) in paragraph (a) for “that section” substitute “section 82”.

(4) At the end insert—

“(4) In this section “appealable decision” means a decision mentioned in
section 82(1).”

34 25In section 106 (rules)—

(a) in subsection (3), omit “, 83 or 83A”;

(b) in subsection (4), omit “, 83 or 83A”.

35 In section 107 (practice directions), in subsection (3), omit “, 83 or 83A”.

36 In section 108 (forged documents: proceedings in private), in subsection
30(1)(a), omit “, 83 or 83A”.

37 In section 112 (regulations etc)—

(a) omit subsection (3A);

(b) in subsection (4), omit “or 115(8)”;

(c) in subsection (5), omit “or 115(9)”.

38 (1) 35Section 113 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) at the appropriate places insert—

• ““humanitarian protection” has the meaning given in
  section 82(2);”

• 40““protection claim” has the meaning given in section
  82(2)”;

Immigration BillPage 101

• ““protection status” has the meaning given in section
  82(2)”;

(b) omit the definitions of “entry clearance”, “illegal entrant”,
“prescribed”, “visitor” and “work permit”;

(c) 5in the definition of “immigration rules”, for “that Act” substitute “the
Immigration Act 1971”.

(3) Omit subsection (2).

39 Section 115 (appeal from within United Kingdom: unfounded human rights
or asylum claim: transitional provision) is repealed.

40 10For section 120 (requirement to state additional grounds for application)
substitute—

“120 Requirement to state additional grounds for application etc

(1) Subsection (2) applies to a person (“P”) if—

(a) P has made a protection claim or a human rights claim,

(b) 15P has made an application to enter or remain in the United
Kingdom, or

(c) a decision to deport or remove P has been or may be taken.

(2) The Secretary of State or an immigration officer may serve a notice
on P requiring P to provide a statement setting out—

(a) 20P’s reasons for wishing to enter or remain in the United
Kingdom,

(b) any grounds on which P should be permitted to enter or
remain in the United Kingdom, and

(c) any grounds on which P should not be removed from or
25required to leave the United Kingdom.

(3) A statement under subsection (2) need not repeat reasons or grounds
set out in—

(a) P’s protection or human rights claim,

(b) the application mentioned in subsection (1)(b), or

(c) 30an application to which the decision mentioned in subsection
(1)(c) relates.

(4) Subsection (5) applies to a person (“P”) if P has previously been
served with a notice under subsection (2) and—

(a) P requires leave to enter or remain in the United Kingdom
35but does not have it, or

(b) P has leave to enter or remain in the United Kingdom only by
virtue of section 3C or 3D of the Immigration Act 1971
(continuation of leave pending decision or appeal).

(5) Where P’s circumstances have changed since the Secretary of State or
40an immigration officer was last made aware of them (whether in the
application or claim mentioned in subsection (1) or in a statement
under subsection (2) or this subsection) so that P has—

(a) additional reasons for wishing to enter or remain in the
United Kingdom,

(b) 45additional grounds on which P should be permitted to enter
or remain in the United Kingdom, or

(c) additional grounds on which P should not be removed from
or required to leave the United Kingdom,

P must, as soon as reasonably practicable, provide a supplementary
statement to the Secretary of State or an immigration officer setting
5out the new circumstances and the additional reasons or grounds.

(6) In this section—

• “human rights claim” and “protection claim” have the same
  meanings as in Part 5;

• references to “grounds” are to grounds on which an appeal
  10under Part 5 may be brought (see section 84).”

Immigration, Asylum and Nationality Act 2006 (c. 13)Immigration, Asylum and Nationality Act 2006 (c. 13)

41 (1) The Immigration, Asylum and Nationality Act 2006 is amended as follows.

(2) Section 13 (appeal from within the United Kingdom: certification of
unfounded claim) is repealed.

(3) 15In section 55 (Refugee Convention: certification), in subsection (2)(a)—

(a) in sub-paragraph (i), omit “, 83 or 101”;

(b) for sub-paragraph (ii) substitute—

“(ii) which is brought on the ground mentioned in
section 84(1)(a) or (3)(a) of that Act (breach of
20United Kingdom’s obligations under the
Refugee Convention);”.

(4) In Schedule 1 (consequential amendments) paragraph 11 (amendment to
section 112(5) of the 2002 Act) is repealed.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

42 25In section 115 of the Equality Act 2010 (immigration cases), in subsection (8)
after “2D” insert “and 2E”.

Special Immigration Appeals Commission Act 1997 (c. 68)Special Immigration Appeals Commission Act 1997 (c. 68)

43 (1) The Special Immigration Appeals Commission Act 1997 is amended as
follows.

(2) 30In section 2 (jurisdiction: appeals)—

(a) in subsection (1)(a), omit “, 83(2) or 83A(2)”;

(b) in subsection (1)(b), omit “, 83(2) or 83A(2)”;

(c) in subsection (2), omit paragraphs (d), (h) and (l);

(d) omit subsections (3) and (4);

(e) 35in subsection (5), omit “against an immigration decision”;

(f) omit subsection (6).

(3) In section 6A (procedure in relation to review jurisdiction)—

(a) in the heading, for “and 2D” substitute “to 2E”;

(b) in subsection (1), for “or 2D” substitute “, 2D or 2E”;

(c) 40in subsection (2)—

(i) in paragraph (a), for “or 2D” substitute “, 2D or 2E”;

(ii) in paragraph (b), for “or (as the case may be) 2D(2)” substitute
“, 2D(2) or (as the case may be) 2E(2)”.

(4) In section 7 (appeals from the Commission), in subsection (1A), for “or 2D”
substitute “, 2D or 2E”.

5Consequential repeals

44 The provisions shown in the table below are repealed in consequence of the
amendments made by sections 11 to 13 and this Part of this Schedule.

Part 5 30Provision relating to employment

Immigration, Asylum and Nationality Act 2006 (c. 13)Immigration, Asylum and Nationality Act 2006 (c. 13)

45 In section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty),
in subsection (6)(e), after “penalty” insert “or make an appeal against it”.

Part 6 35Provision relating to driving licences

Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)S.I. 1981/154 (N.I. 1))

46 In Article 5 of the Road Traffic (Northern Ireland) Order 1981 (tests of
competence to drive)—

(a) in paragraph (1), omit “meets the relevant residence requirement
40and”;

(b) omit paragraph (1A);

(c) in paragraph (4)(aa) for “normally resident in Northern Ireland or
the United Kingdom” insert “normally and lawfully resident in

Northern Ireland or the United Kingdom (within the meaning of
Article 13A)”.

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

47 In section 89 of the Road Traffic Act 1988 (tests of competence to drive)—

(a) 5in subsection (1), omit “meets the relevant residence requirement
and”;

(b) omit subsection (1A);

(c) in subsection (4)(aa) for “normally resident in Great Britain or the
United Kingdom” substituted “normally and lawfully resident in
10Great Britain or the United Kingdom (within the meaning of section
97A)”.

Road Safety Act 2006 (c. 49)Road Safety Act 2006 (c. 49)

48 In Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), in
paragraph 9—

(a) 15after sub-paragraph (3) insert—

“(3A) In subsection (3ZA), omit “and its counterpart”.”;

(b) in sub-paragraph (6A)(b), at the end insert “in both places”.

Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)S.I. 2007/916 (N.I. 10))

49 In Schedule 5 to the Road Traffic (Northern Ireland) Order 2007
20(endorsement: all drivers: consequential amendments), in paragraph 6, after
sub-paragraph (a) insert—

“(aa) in paragraph (5ZA), omit “and its counterpart”.”

Part 7 Provision relating to marriage and civil partnership

25Transitional provision

50 The provisions of sections 43 to 46, and the amendments made by Schedule
4, apply only to proposed marriages and civil partnerships in respect of
which notice under section 27 of the Marriage Act 1949 or under section 8 of
the Civil Partnership Act 2004 is given after the day on which the provisions
30and amendments come into force.

Part 8 Provision relating to immigration advisers and immigration service providers

Transitional provision

51 (1) On the day on which paragraph 2 of Schedule 6 comes into force the
35Immigration Services Commissioner must register in the register
maintained under section 85(1) of the Immigration and Asylum Act 1999
each person who, immediately before that day, was an exempt person
(within the meaning given by section 84(4)(a) of that Act).

(2) The registration of a person by reason of sub-paragraph (1) may be made so
as to have effect only in relation to a specified field of advice or services.

52 (1) In the provisions listed in sub-paragraph (2)—

(a) references to a person who, at the time to which a charge or (as the
5case may be) a complaint relates, was a registered person do not
include a person who ceased to be a registered person before the day
on which paragraph 7 of Schedule 6 comes into force;

(b) references to a person who, at the time to which a charge or (as the
case may be) a complaint relates, was acting on behalf of a registered
10person do not include—

(i) a person who ceased to act on behalf of a registered person
before that day;

(ii) a person who was acting on behalf of a person who ceased to
be a registered person before that day.

(2) 15The provisions are—

(a) section 89(2) to (2B) of the Immigration and Asylum Act 1999;

(b) paragraph 5(3)(za), (aa) and (d) of Schedule 5 to that Act;

(c) paragraph 9(1)(a), (1A) and (4)(a) of Schedule 5 to that Act.

53 (1) The provisions listed in paragraph 52(2) apply in relation to a person who—

(a) 20was an exempt person immediately before the day on which
paragraph 2 of Schedule 6 comes into force, and

(b) became a registered person on that day by virtue of paragraph 51(1),

as if, while the person was an exempt person, the person had been a
registered person.

(2) 25In paragraph 10A(2)(a) of Schedule 5 to the Immigration and Asylum Act
1999, the reference to premises which have been used in connection with the
provision of immigration advice or immigration services by a registered
person includes premises which have been so used by an exempt person.

(3) In this paragraph “exempt person” has the meaning given by section 84(4)(a)
30of the Immigration and Asylum Act 1999.

Part 9 Provision relating to embarkation checks

Transitional provision

54 (1) Any order or direction under paragraph 5 of Schedule 2 to the Immigration
35Act 1971 that has effect immediately before commencement has, after
commencement, the same effect in relation to the production of embarkation
cards to designated persons as it has in relation to the production of such
cards to immigration officers.

(2) This paragraph is subject to the exercise, after commencement, of the powers
40under paragraph 5 of Schedule 2 to the Immigration Act 1971.

(3) In this paragraph “commencement” means the day when the amendments
made by Part 1 of Schedule 7 come into force.

Part 10 Provision relating to fees

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

55 (1) Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act
52004 (amount of fees) is amended as follows.

(2) Omit subsections (1) to (2A).

(3) For subsection (3A) substitute—

“(3A) The amount of a fee under section 1 of the Consular Fees Act 1980 in
respect of a matter specified in subsection (3B) may be set so as to
10reflect costs referable to the exercise of any function in respect of
which the Secretary of State has made an order under section 59 of
the Immigration Act 2014.

(3B) The matters are—

(a) the determination of applications for entry clearances (within
15the meaning given by section 33(1) of the Immigration Act
1971),

(b) the determination of applications for transit visas under
section 41 of the Immigration and Asylum Act 1999, or

(c) the determination of applications for certificates of
20entitlement to the right of abode in the United Kingdom
under section 10 of the Nationality, Immigration and Asylum
Act 2002.”

(4) In subsection (4) omit “(1)(b) or”.

(5) In subsection (7) omit from “(and any provision” to the end.

25Immigration, Asylum and Nationality Act 2006 (c. 13)Immigration, Asylum and Nationality Act 2006 (c. 13)

56 Sections 51 and 52 of the Immigration, Asylum and Nationality Act 2006
(fees) are repealed.

UK Borders Act 2007 (c. 30)UK Borders Act 2007 (c. 30)

57 For section 15(2)(b) of the UK Borders Act 2007 (application of certain
30provisions to applications for biometric immigration documents)
substitute—

“(b) section 59 of the Immigration Act 2014 (fees);”.

Consequential repeals

58 The following provisions are repealed in consequence of the amendments
35made by this Part of this Schedule—

(a) paragraph 6 of Schedule 2 to the Immigration, Asylum and
Nationality Act 2006;

(b) section 20 of the UK Borders Act 2007.

Orders under section 102 of the Finance (No. 2) Act 1987

59 An order made under section 102 of the Finance (No. 2) Act 1987
(government fees and charges) in respect of a power repealed by this Part of
this Schedule shall have effect as if it related to the powers under section 59
5so far as they relate to the same matters as the repealed power.