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Immigration BillPage 50

(4) A statutory instrument containing any other order or regulations made by the
Secretary of State or Treasury under this Act is subject to annulment in
pursuance of a resolution of either House of Parliament.

(5) But subsection (4) does not apply to a statutory instrument containing an order
5under any of sections 30(3), 63(1) and 65(3) (subject to subsection (7)).

(6) Subsection (7) applies if an order under section 65(3) is made which—

(a) brings into force a provision of Chapter 1 of Part 3,

(b) brings that provision into force only in relation to a particular area or
areas within England and Wales, Scotland or Northern Ireland, and

(c) 10is the first order to be made bringing into force a provision of that
Chapter only in relation to an area or areas within England and Wales,
Scotland or Northern Ireland.

(7) A statutory instrument containing any subsequent order under section 65(3)
(after the order mentioned in subsection (6)) that brings into force a provision
15of Chapter 1 of Part 3 for anywhere other than the area or areas mentioned in
paragraph (b) of that subsection is subject to annulment in pursuance of a
resolution of either House of Parliament.

(8) An order or regulations made by the Secretary of State or Treasury under this
Act may—

(a) 20make different provision for different purposes or areas,

(b) make provision which applies generally or only for particular purposes
or areas,

(c) make transitional, transitory or saving provision, or

(d) make incidental, supplementary or consequential provision.

65 25Commencement

(1) This Part, other than section 63(6) and Schedule 8, comes into force on the day
on which this Act is passed.

(2) Section 50, section 53 and Schedule 5, and section 56 come into force at the end
of the period of two months beginning with the day on which this Act is
30passed.

(3) Subject to subsections (1) and (2), this Act comes into force on such day as the
Secretary of State may by order appoint; and different days may be appointed
for different purposes or areas.

66 Extent

(1) 35This Act extends to England and Wales, Scotland and Northern Ireland.

(2) Subsection (1) is subject to subsection (3).

(3) Section 53 and Schedule 5 extend to England and Wales only.

(4) Subsections (1) to (3) do not apply to an amendment, repeal or revocation made
by this Act.

(5) 40An amendment, repeal or revocation made by this Act has the same extent as
the provision amended, repealed or revoked (ignoring extent by virtue of an
Order in Council).

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(6) Her Majesty may by Order in Council provide for any of the provisions of this
Act to extend, with or without modifications, to any of the Channel Islands or
the Isle of Man.

(7) Subsection (6) does not apply in relation to the extension to a place of a
5provision which extends there by virtue of subsection (5).

67 Short title

This Act may be cited as the Immigration Act 2014.

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SCHEDULES

Section 2

SCHEDULE 1 Enforcement powers

Power to escort detained persons

1 5In Schedule 2 to the Immigration Act 1971, in paragraph 18(3) (power to
escort detained persons) for the first “or of” substitute “an immigration
officer, or”.

Power to search detained persons

2 (1) In Schedule 2 to the Immigration Act 1971, after paragraph 18 insert—

18A (1) 10An immigration officer or constable may search a person (“P”)
who is detained under paragraph 16 for anything which P might
use—

(a) to cause physical injury to P or others, or

(b) to assist P’s escape from legal custody.

(2) 15The power to search P—

(a) unless sub-paragraph (3) applies, does not include power
to require P to remove any clothing other than an outer
coat, jacket or glove, but

(b) includes power to require P to open P’s mouth.

(3) 20This sub-paragraph applies if an immigration officer or constable
has reasonable grounds to believe that there is concealed on P
anything which P might use as mentioned in sub-paragraph (1).

(4) The power to search P may be exercised only to the extent
reasonably required for the purpose of discovering anything
25which P might use as mentioned in sub-paragraph (1).

(5) An intimate search (as defined in section 28H(11)) may not be
conducted under this paragraph.

(6) An immigration officer or constable may seize and retain anything
found on a search of P if the officer or constable has reasonable
30grounds to believe P might use it as mentioned in sub-paragraph
(1).

(7) Nothing seized under sub-paragraph (6) may be retained when P
is released from detention under paragraph 16.

(2) In paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (which applies
35certain provisions of Schedule 2 to that Act), for “, 18” substitute “to 18A”.

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(3) In section 10(7) of the Immigration and Asylum Act 1999 (which applies
certain provisions of Schedule 2 to the Immigration Act 1971), for “18”
substitute “18A”.

(4) In section 47(3) of the Immigration, Asylum and Nationality Act 2006 (which
5applies certain provisions of Schedule 2 to the Immigration Act 1971), for
“18” substitute “18A”.

(5) In regulation 22(2) of the Immigration (European Economic Area)
Regulations 2006 (S.I. 2006/1003S.I. 2006/1003) (which applies certain provisions of
Schedule 2 to the Immigration Act 1971), for “18” substitute “18A”.

10Entry and search of premises

3 (1) Paragraph 25A of Schedule 2 to the Immigration Act 1971 (power to enter
premises and search for documents following arrest) is amended as follows.

(2) In sub-paragraph (1)(b) for “by a constable (other than under this Schedule)”
substitute “other than under this Schedule”.

(3) 15After sub-paragraph (6) insert—

(6A) If, on an application made by an immigration officer, a justice of
the peace is satisfied that—

(a) there are reasonable grounds for believing that relevant
documents may be found on premises not within sub-
20paragraph (2) which are specified in the application, and

(b) any of the conditions in sub-paragraph (6B) is met,

the justice of the peace may issue a warrant authorising an
immigration officer to enter and search the premises.

(6B) The conditions are that—

(a) 25it is not practicable to communicate with any person
entitled to grant entry to the premises;

(b) it is practicable to communicate with a person entitled to
grant entry to the premises but it is not practicable to
communicate with any person entitled to grant access to
30the relevant documents;

(c) entry to the premises will not be granted unless a warrant
is produced;

(d) the purpose of a search may be frustrated or seriously
prejudiced unless an immigration officer arriving at the
35premises can secure immediate entry.

(6C) In the application of sub-paragraph (6A) to Scotland, references to
a justice of the peace are to be treated as references to the sheriff or
a justice of the peace.

(4) In sub-paragraph (7)—

(a) 40for “sub-paragraph (2)” substitute “this paragraph”;

(b) in paragraph (a) omit “and retain”;

(c) omit paragraph (b) and the “but” before it.

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(5) After sub-paragraph (8) insert—

(8A) An immigration officer may retain a document seized under sub-
paragraph (7) while the officer has reasonable grounds for
believing that—

(a) 5the arrested person may be liable to removal from the
United Kingdom in accordance with a provision of the
Immigration Acts, and

(b) retention of the document may facilitate the person’s
removal.

4 10In sections 28J(11) and 28K(14) of the Immigration Act 1971 (warrants -
safeguards and execution) after “paragraph 17(2)” insert “or 25A(6A)”.

General power to use reasonable force

5 In section 146(1) of the Immigration and Asylum Act 1999 (power of
immigration officer to use reasonable force when exercising powers under
15certain enactments) for “the 1971 Act or this Act” substitute “the
Immigration Acts”.

Section 8

SCHEDULE 2 Meaning of biometric information

Immigration Act 1971 (c. 77)Immigration Act 1971 (c. 77)

1 (1) 20Schedule 2 to the Immigration Act 1971 (entry control) is amended as
follows.

(2) In paragraph 4(5)—

(a) after “provide” insert “biometric”;

(b) omit from “about his external physical characteristics” to the end.

(3) 25After paragraph 4(5) insert—

(6) Biometric information” has the meaning given by section 15 of
the UK Borders Act 2007.

(4) In paragraph 18(2A), for “fingerprints” substitute “biometric information
(within the meaning given by section 15 of the UK Borders Act 2007)”.

30Immigration and Asylum Act 1999 (c. 33)Immigration and Asylum Act 1999 (c. 33)

2 (1) Section 144 of the Immigration and Asylum Act 1999 (provision for
collecting physical data other than fingerprints) is amended as follows.

(2) In subsection (1), for “data about external physical characteristics” substitute
“biometric information”.

(3) 35For subsection (2) substitute—

(2) Biometric information” has the meaning given by section 15 of the
UK Borders Act 2007.

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Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

3 (1) Section 126 of the Nationality, Immigration and Asylum Act 2002 (power to
require provision of physical data with certain immigration applications) is
amended as follows.

(2) 5In subsection (1)—

(a) in paragraph (a), for “information about external physical
characteristics of the applicant” substitute “biometric information”;

(b) in paragraphs (b) and (c), for “information about his external
physical characteristics” substitute “biometric information”.

(3) 10In subsection (4)(a), (b) and (c), before “information” insert “biometric”.

(4) In subsection (9), after the definition of “authorised person” insert—

(5) In that subsection, omit the definition of “external physical characteristics”
15(and the “and” before it).

4 (1) Section 127 of that Act (voluntary provision of physical data) is amended as
follows.

(2) In subsection (1), for “information about his external physical
characteristics” substitute “biometric information”.

(3) 20In subsection (2)(a) and (b), before “information” insert “biometric”.

(4) In subsection (3)—

(a) after paragraph (a) insert—

(aa) biometric information”, and;

(b) omit the “and” at the end of paragraph (b);

(c) 25omit paragraph (c).

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

5 In section 35(2) of the Asylum and Immigration (Treatment of Claimants,
etc) Act 2004 (imposition of requirements to facilitate deportation or
removal), for paragraph (c) substitute—

(c) 30provide biometric information (within the meaning of section
15 of the UK Borders Act 2007), or submit to a process by
means of which such information is obtained or recorded;.

Section 15

SCHEDULE 3 Excluded residential tenancy agreements

35Social housing

1 (1) An agreement that grants a right of occupation in social housing.

(2) “Social housing” means accommodation provided to a person by virtue of a
relevant provision.

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(3) “Relevant provision” means—

(a) in relation to England and Wales, a provision of—

(i) Part 2 of the Housing Act 1985, or

(ii) Part 6 or 7 of the Housing Act 1996;

(b) 5in relation to Scotland, Part 2 of the Housing (Scotland) Act 1987;

(c) in relation to Northern Ireland, Part 2 of the Housing (Northern
Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)S.I. 1988/1990 (N.I. 23)).

(4) Accommodation provided to a person by virtue of a relevant provision
includes accommodation provided in pursuance of arrangements made
10under any such provision.

(5) For the purposes of this paragraph, any allocation of housing
accommodation by a local housing authority in England to a person who is
already—

(a) a secure or introductory tenant, or

(b) 15an assured tenant of housing accommodation held by a private
registered provider of social housing or a registered social landlord,

is to be treated as an allocation of housing accommodation by virtue of Part
6 of the Housing Act 1996 (and accordingly section 159(4A) of that Act is to
be ignored).

(6) 20Terms used in sub-paragraph (5) have the same meanings as in Part 6 of the
Housing Act 1996.

Care homes

2 (1) An agreement that grants a right of occupation in a care home.

(2) “Care home” means—

(a) 25in relation to England and Wales, an establishment that is a care
home for the purposes of the Care Standards Act 2000;

(b) in relation to Scotland, accommodation that is provided as a care
home service within the meaning of Part 5 of the Public Services
Reform (Scotland) Act 2010;

(c) 30in relation to Northern Ireland, an establishment that is a residential
care home, or a nursing home, for the purposes of the Health and
Personal Social Services (Quality, Improvement and Regulation)
(Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)S.I. 2003/431 (N.I. 9)).

Hospitals and hospices

3 (1) 35An agreement that grants a right of occupation of accommodation in a
hospital or hospice.

(2) “Hospital”—

(a) in relation to England, has the meaning given in section 275 of the
National Health Service Act 2006;

(b) 40in relation to Wales, has the meaning given in section 206 of the
National Health Service (Wales) Act 2006;

(c) in relation to Scotland, has the meaning given in section 108 of the
National Health Service (Scotland) Act 1978;

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(d) in relation to Northern Ireland, has the meaning given in Article 2(2)
of the Health and Personal Social Services (Northern Ireland) Order
1972 (S.I. 1972/1265 (N.I. 14)S.I. 1972/1265 (N.I. 14)).

(3) “Hospice” means an establishment other than a hospital whose primary
5function is the provision of palliative care to persons resident there who are
suffering from a progressive disease in its final stages.

Other accommodation relating to healthcare provision

4 (1) An agreement—

(a) under which accommodation is provided to a person as a result of a
10duty imposed on a relevant NHS body by an enactment, and

(b) which is not excluded by another provision of this Schedule.

(2) “Relevant NHS body” means—

(a) in relation to England—

(i) a clinical commissioning group, or

(ii) 15the National Health Service Commissioning Board;

(b) in relation to Wales, a local health board;

(c) in relation to Scotland, a health board constituted by order made
under section 2 of the National Health Service (Scotland) Act 1978;

(d) in relation to Northern Ireland, a Health and Social Services trust.

20Hostels

5 (1) An agreement that grants a right of occupation of accommodation in a
hostel.

(2) “Hostel” means a building which satisfies the following two conditions.

(3) The first condition is that the building is used for providing to persons
25generally, or to a class of persons—

(a) residential accommodation otherwise than in separate and self-
contained premises, and

(b) board or facilities for the preparation of food adequate to the needs
of those persons (or both).

(4) 30The second condition is that any of the following applies in relation to the
building—

(a) it is managed by a registered housing association;

(b) it is not operated on a commercial basis and its costs of operation are
provided wholly or in part by a government department or agency,
35or by a local authority;

(c) it is managed by a voluntary organisation or charity.

(5) In this paragraph—

10Accommodation from or involving local authorities

6 (1) An agreement—

(a) under which accommodation is provided to a person as a result of a
duty or relevant power that is imposed or conferred on a local
authority by an enactment (whether or not provided by the local
15authority), and

(b) which is not excluded by another provision of this Schedule.

(2) “Relevant power” means a power that is exercised for, or in connection with,
a purpose of providing accommodation to a person who is homeless or is
threatened with homelessness.

(3) 20In sub-paragraph (2) the references to a person who is homeless or is
threatened with homelessness is to be read in accordance with—

(a) in relation to England and Wales, section 175 of the Housing Act
1996;

(b) in relation to Scotland, section 24 of the Housing (Scotland) Act 1987;

(c) 25in relation to Northern Ireland, Article 3 of the Housing (Northern
Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)S.I. 1988/1990 (N.I. 23)).

Accommodation provided by virtue of immigration provisions

7 An agreement granting a right of occupation of accommodation that is
provided to an individual by virtue of any of the following provisions of the
30Immigration and Asylum Act 1999—

(a) section 4 (provision of accommodation to persons granted
temporary admission etc);

(b) section 95 (provision of support to asylum seekers etc);

(c) section 98 (provision of temporary support to asylum seekers etc).

35Mobile homes

8 An agreement to which the Mobile Homes Act 1983 applies.

Tied accommodation

9 (1) An agreement that grants a right of occupation of tied accommodation.

(2) “Tied accommodation” means accommodation that is provided—

(a) 40by an employer to an employee in connection with a contract of
employment, or

(b) by a body providing training in a trade, profession or vocation to an
individual in connection with that training.

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(3) In this paragraph “employer” and “employee” have the same meanings as in
the Employment Rights Act 1996 (see section 230 of that Act).

Student accommodation

10 (1) An agreement that grants a right of occupation in a building which—

(a) 5comprises a hall of residence predominantly for the accommodation
of students, and

(b) satisfies either of the following conditions.

(2) The first condition is that the building is owned or managed by any of the
following—

(a) 10an institution within the meaning of paragraph 5 of Schedule 1 to the
Local Government Finance Act 1992;

(b) a body that is specified in regulations made under Article 42(2A) of
the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)S.I. 1977/2157 (N.I. 28));

(c) a body established for charitable purposes only.

(3) 15The second condition is that the building is the subject of one or more
agreements allowing one or more institutions or bodies of the kind
mentioned in sub-paragraph (2) to nominate the majority of the persons who
are to occupy the accommodation provided in the hall of residence.

(4) In this paragraph “student”—

(a) 20in relation to England and Wales or Scotland, has the same meaning
as in paragraph 4 of Schedule 1 to the Local Government Finance Act
1992;

(b) in relation to Northern Ireland, means a person who satisfies such
conditions as to education or training as may be specified in
25regulations made under Article 42(2A) of the Rates (Northern
Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)S.I. 1977/2157 (N.I. 28)).

Long leases

11 (1) An agreement that—

(a) is, or is for, a long lease, or

(b) 30grants a right of occupation for a term of 7 years or more.

(2) “Long lease” means—

(a) in relation to England and Wales, a lease which is a long lease for the
purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing
and Urban Development Act 1993 or which, in the case of a shared
35ownership lease (within the meaning given by section 7(7) of that
Act), would be such a lease if the tenant’s total share (within the
meaning given by that section) were 100 per cent;

(b) in relation to Scotland, has the meaning given by section 9(2) of the
Land Registration (Scotland) Act 2012.

(3) 40An agreement does not grant a right of occupation for a term of 7 years or
more if the agreement can be terminated at the option of a party before the
end of 7 years from the commencement of the term.

Interpretation

12 (1) This paragraph applies for the purposes of this Schedule.

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