SCHEDULE 6 continued
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(c)
an offence under section 25 or 26(1)(d) or (g) of the 1971
Act.
(2)
The suspension of the person’s registration ceases to have effect if
one of these occurs—
(a) 5the person is acquitted of the offence;
(b) the charge is withdrawn;
(c) proceedings in respect of the charge are discontinued;
(d)
an order is made for the charge to lie on the file, or in
relation to Scotland, the diet is deserted pro loco et tempore.
(3)
10If the person is convicted of an offence under section 25 or 26(1)(d)
or (g) of the 1971 Act, the suspension of the person’s registration
continues to have effect until the Commissioner cancels the
person’s registration (as required by paragraph 4A(c)).
(4)
If the person is convicted of any other offence within sub-
15paragraph (1)—
(a)
the Commissioner must as soon as reasonably practicable
consider whether the person is no longer competent or is
otherwise unfit to provide immigration advice or
immigration services (so that the person’s registration
20must be cancelled under paragraph 4A(e));
(b)
the suspension of the person’s registration continues to
have effect until the Commissioner either cancels the
person’s registration, or decides that the person is
competent and otherwise fit to provide immigration
25advice and immigration services.
(5)
A person whose registration is suspended is not to be treated as a
registered person for the purposes of section 84 (but is to be
treated as a registered person for the purposes of the other
provisions of this Part).
(6)
30Where a person’s registration is suspended the Commissioner
must as soon as reasonably practicable record the suspension in
the register.
(7)
Where a suspension ceases to have effect (and the person’s
registration is not cancelled) the Commissioner must as soon as
35reasonably practicable remove the record of the suspension from
the register.”
6 After paragraph 4 of Schedule 5 insert—
4A
40The Commissioner may carry out inspections of the activities and
businesses of registered persons.”
7 (1) For section 89(2) (powers of Tribunal on hearing charge against registered
Immigration BillPage 91
person) substitute—
“(2)
Subsections (2A) and (2B) apply if the person charged was, at the
time to which the charge relates, a registered person or a person
acting on behalf of a registered person.
(2A)
5If the registered person mentioned in subsection (2) is still registered,
the First-tier Tribunal may direct the Commissioner—
(a)
to record the charge and the First-tier Tribunal’s decision on
it for consideration in connection with that person’s next
application for continued registration;
(b) 10to cancel that person’s registration.
(2B)
If the registered person mentioned in subsection (2) is no longer
registered, the First-tier Tribunal may direct the Commissioner to
record the charge and the First-tier Tribunal’s decision on it for
consideration in connection with any application by that person for
15registration.”
(2)
In paragraph 5(3) of Schedule 5 (complaints which may be investigated by
Commissioner)—
(a) before paragraph (a) insert—
“(za)
the competence or fitness to provide immigration
20advice or immigration services of a person who, at
the time to which the complaint relates, was a
registered person,”;
(b) in paragraph (a) for “a person” substitute “any other person”;
(c) after paragraph (a) insert—
“(aa)
25the competence or fitness of a person who, at the
time to which the complaint relates, was acting on
behalf of a registered person,”;
(d)
in paragraph (b) for the first “a person” substitute “any other
person”;
(e)
30in paragraph (d) for “a person to whom they apply” substitute “a
person who, at the time to which the complaint relates, was a
registered person or a person acting on behalf of a registered
person”.
(3)
For paragraph 9(1)(a) of that Schedule (Commissioner’s powers on
35determining a complaint) substitute—
“(a)
if the person to whom the complaint relates was at the time
to which the complaint relates—
(i) a registered person, or
(ii) a person acting on behalf of a registered person,
40record the complaint and the decision on it to be
considered in connection with the next relevant
application;”.
(4) After paragraph 9(1) insert—
“(1A) In sub-paragraph (1)(a) “relevant application” means—
(a)
45if the registered person referred to in that sub-paragraph is
still registered, an application by that person for continued
registration, and
(b) otherwise, an application by that person for registration.”
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(5) For paragraph 9(4) substitute—
“(4) Relevant person” means—
(a)
a person who, at the time to which the charge relates, was
providing immigration advice or immigration services
5and was—
(i) a registered person, or
(ii) a person acting on behalf of a registered person;
(b)
a person providing immigration advice or immigration
services who is—
(i) 10a person to whom section 84(4)(d) applies, or
(ii)
a person employed by, or working under the
supervision of, such a person.”
8 (1) Omit paragraph 7 of Schedule 5 (and the cross-heading before it).
(2) 15After paragraph 10 of that Schedule insert—
10A
(1)
On an application made by the Commissioner a justice of the
peace (or in Scotland, the sheriff) may issue a warrant authorising
the Commissioner to enter premises.
(2)
20A justice of the peace or sheriff may issue a warrant in respect of
premises if satisfied that there are reasonable grounds for
believing that—
(a)
the premises are being used, or have been used, in
connection with the provision of immigration advice or
25immigration services by a registered person,
(b)
entry to the premises is reasonably required for the
exercise of any of the Commissioner’s functions, and
(c)
entry to the premises may be prevented or delayed unless
a warrant is produced.
(3)
30The Commissioner may enter premises by virtue of this paragraph
only at a reasonable hour.
(4)
Where the Commissioner enters premises by virtue of this
paragraph the Commissioner may—
(a)
take onto the premises any equipment that appears to the
35Commissioner to be necessary;
(b)
require any person on the premises to produce any
relevant document and, if the document is produced, to
provide any explanation of it;
(c)
require any person on the premises to state, to the best of
40the person’s knowledge and belief, where any relevant
document is to be found;
(d)
take copies of, or extracts from, any relevant document on
the premises which is produced;
Immigration BillPage 93
(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 59
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,”.
Immigration BillPage 95
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.”.
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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 63
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 section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc)
25Act 2004 (claimant’s credibility; definitions), in paragraph (d) of the
definition of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.
4
In the Immigration, Asylum and Nationality Act 2006, section 47 (removal
of persons with statutorily extended leave) is repealed.
5
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).
Immigration BillPage 98
6
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 |
5Section 73(2) to (4). |
| Section 74. | |
| Section 75(4). | |
| Section 76(7). | |
| Immigration, Asylum and Nationality Act 2006 |
10Section 48. |
| Crime and Courts Act 2013 | Section 51(3). |
| Immigration Act 2014 | In Schedule 1, paragraph 2(3) and (4). |
7
(1)
The Special Immigration Appeals Commission Act 1997 is amended as
follows.
(2)
In section 5 (procedure in relation to SIAC’s jurisdiction on appeals and
20bail), 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
Schedule 2 to the Immigration Act 1971, the Commission is required
to dismiss any further application by the person for release on bail
25that 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)
In Schedule 3 (bail: modifications of Schedule 2 to the Immigration Act
1971), in paragraph 4, after sub-paragraph (1) insert—
“(1A)
30In 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”.
8 (1) The Immigration and Asylum Act 1999 is amended as follows.
(2) Section 143 (destruction of fingerprints) is repealed.
(3)
In section 144(1) (power to make provision about other biometric
information) for “, 142 and 143” substitute “and 142”.
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(4)
Omit section 166(4)(g) (Parliamentary procedure for orders under section
143).
9
Section 36 of the Anti-terrorism, Crime and Security Act 2001 (which
5amends section 143 of the Immigration and Asylum Act 1999) is repealed.
10
In section 126 of the Nationality, Immigration and Asylum Act 2002 (power
to require provision of physical data with certain immigration applications)
omit—
(a) 10the “or” at the end of subsection (2)(b),
(b) subsection (4)(g), and
(c) subsection (5).
11 The Immigration Act 1971 is amended as follows.
12
(1)
Section 3C (continuation of leave pending variation decision) is amended as
follows.
(2) In subsection (2)—
(a) 20omit 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) 25is pending.”
(3) After subsection (6) insert—
“(7) In this section—
“administrative review” means a review conducted under the
immigration rules;
30the question of whether an administrative review is pending is
to be determined in accordance with the immigration rules.”
13
(1)
Section 3D (continuation of leave following revocation) is amended as
follows.
(2) In subsection (2)—
(a) 35omit 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) 40is pending.”