UK Borders Control Bill (HC Bill 53)
A
BILL
TO
Make provision to ensure that the United Kingdom has absolute control over
the right to prevent non-UK citizens from entering the United Kingdom; to
determine the circumstances in which non-UK citizens may be required to
leave the United Kingdom; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Sovereignty of Parliament over United Kingdom borders
The sovereignty of the United Kingdom Parliament to determine which non-
UK citizens may enter the United Kingdom and to determine the
circumstances in which non-UK citizens may be required to leave the United
5Kingdom is hereby reaffirmed.
2 Regulation of entry by non-UK citizens
Notwithstanding the provisions of the European Communities Acts, or of any
other Act or Order, Regulation or Directive, the United Kingdom retains the
exclusive right to regulate entry by non-UK citizens to the United Kingdom
10and to determine the circumstances in which non-UK citizens may be required
to leave the United Kingdom.
3 Repeal of section 7 of the Immigration Act 1988
Section 7 of the Immigration Act 1988 is hereby repealed.
4 Registration certificates
(1)
15From the date of the coming into force of this Act and notwithstanding the
provisions of the European Communities Act 1972, any non-UK citizen
resident in the United Kingdom without the authority to remain in the United
Kingdom provided by a current visa, visa waiver, residence permit or other
official document must apply for a registration certificate to confirm their right
20of residence in the United Kingdom.
UK Borders Control BillPage 2
(2) Registration certificates are to be issued and administered by the Secretary of State.
(3)
The Secretary of State shall make orders prescribing the content of application
forms for registration certificates and for the grounds on which an application
made may be granted or refused.
(4)
5Any power to make an order under this Act is exercisable by statutory
instrument.
(5)
A statutory instrument containing an order under this section may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.
5 10Offences
(1)
Any person who is present in the United Kingdom after 31st December 2015
without legal authority or without having applied on or before 31st December
2015 for a registration certificate under Section 4 above shall be guilty of an
offence.
(2)
15Any person who, after 31st December 2015, enters or attempts to enter the
United Kingdom without legal authority shall be guilty of an offence.
6 Penalties
(1) A person guilty of an offence under section 5 is liable on summary conviction—
(a) to imprisonment for a term not exceeding six months; or
(b) 20to a fine which in Scotland or Northern Ireland may not exceed £5,000;
(c) or to both.
(2)
Any person who is convicted of an offence under section 5 shall be subject to a
deportation order unless the Secretary of State deems such a deportation order
to be against the public interest.
(3)
25For the purposes of subsection 2 above, a deportation order shall be deemed to
be in the public interest unless a certificate to the contrary has been submitted
by the Secretary of State to the Court.
7 Short title, commencement and extent
(1) This Act may be cited as the UK Borders Control Act 2015.
(2) 30This Act shall come into force on the day on which it is passed.
(3) This Act extends to England and Wales, Scotland and Northern Ireland.