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| Schedule 8, page 116, leave out lines 4 to 6 |
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| | | Member’s explanatory statement
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| | | To prevent persons accompanying immigration officers carrying out searches in accordance with |
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| | | Schedule 8, page 116, leave out lines 13 to 18 |
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| | | Member’s explanatory statement
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| | | To remove the immunity from prosecution and civil suit for constables and enforcement officers |
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| | | exercising powers under the Bill. |
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| | | Schedule 8, page 118, line 7, at end insert— |
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| | | “(3A) | If in the course of questioning or otherwise a person expresses to or in the |
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| | | presence of an immigration officer, a fear of return that may be a claim for asylum |
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| | | then the person shall be taken to the UK for that case to be considered.” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 236. |
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| | | Schedule 8, page 118, line 32, leave out “elsewhere” and insert “, at port or as |
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| | conveniently as possible thereafter” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 230. |
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| | Schedule 8, page 118, line 40, leave out “detain” and insert “retain” |
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| | | Member’s explanatory statement
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| | | See the explanatory statement for amendment 109. |
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| | | Schedule 8, page 118, line 45, leave out “elsewhere” and insert “, at port or as |
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| | conveniently as possible thereafter” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 230. |
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| Schedule 8, page 119, line 26, leave out “elsewhere” and insert “, at port or as |
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| | conveniently as possible thereafter” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 230. |
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| | | Schedule 8, page 120, line 19, leave out “elsewhere” and insert “, at port or as |
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| | conveniently as possible thereafter” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 230. |
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| | | Schedule 8, page 120, leave out lines 26 to 28 |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 239. |
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| | | Schedule 8, page 120, leave out lines 35 to 40 |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 242. |
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| | Schedule 8, page 122, line 6, leave out “(in England and Wales or elsewhere)” and |
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| | insert “in the United Kingdom” |
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| | | Member’s explanatory statement
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| | | This amendment is a minor drafting change for consistency with the language used in the |
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| | | equivalent provisions for England, Wales and Scotland. |
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| | | Schedule 8, page 122, line 29, at end insert— |
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| | | “(3A) | If in the course of questioning or otherwise a person expresses to or in the |
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| | | presence of an immigration officer, a fear of return that may be a claim for asylum |
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| | | then the person shall be taken to the UK for that case to be considered.” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 236. |
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| | | Schedule 8, page 123, line 9, leave out “elsewhere” and insert “, at port or as |
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| | conveniently as possible thereafter” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 230. |
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| | Schedule 8, page 123, line 17, leave out “detain” and insert “retain” |
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| | | Member’s explanatory statement
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| | | See the explanatory statement for amendment 109. |
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| | | Schedule 8, page 123, line 22, leave out “elsewhere” and insert “, at port or as |
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| | conveniently as possible thereafter” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 230. |
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| | | Schedule 8, page 124, line 4, leave out “elsewhere” and insert “, at port or as |
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| | conveniently as possible thereafter” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 230. |
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| | | Schedule 8, page 124, line 41, leave out “elsewhere” and insert “, at port or as |
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| | conveniently as possible thereafter” |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 230. |
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| | | Schedule 8, page 125, leave out lines 4 to 6 |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 239. |
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| | | Schedule 8, page 125, leave out lines 13 to 18 |
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| | | Member’s explanatory statement
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| | | See explanatory note for Amendment 242. |
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| | | Clause 43, page 39, line 23, at end insert— |
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| | | “(4) | This Part does not apply to Scotland.” |
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| | | | To move the following Clause— |
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| | | | “Private hire vehicles etc |
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| | | (1) | Schedule (Private hire vehicles etc) (private hire vehicles etc) has effect. |
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| | | (2) | The Secretary of State may by regulations make provision which— |
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| | | (a) | has a similar effect to the amendments made by Schedule (Private hire |
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| | | (b) | applies in relation to Scotland or Northern Ireland. |
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| | | (3) | Regulations under subsection (2) may— |
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| | | (a) | amend, repeal or revoke any enactment; |
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| | | (b) | confer functions on any person. |
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| | | (4) | Regulations under subsection (2) may not confer functions on— |
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| | | (a) | the Scottish Ministers, |
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| | | (b) | the First Minister and deputy First Minister in Northern Ireland, |
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| | | (c) | a Northern Ireland Minister, or |
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| | | (d) | a Northern Ireland department. |
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| | | (5) | In this section “enactment” includes— |
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| | | (a) | an enactment contained in subordinate legislation within the meaning of |
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| | | the Interpretation Act 1978; |
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| | | (b) | an enactment contained in, or in an instrument made under, an Act of the |
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| | | (c) | an enactment contained in, or in an instrument made under, Northern |
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| | | This new clause inserts a new Schedule NS1 which amends the licensing regimes for taxis and |
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| | | private hire vehicles in England and Wales. It also contains a regulation-making power to amend |
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| | | the legislation in Scotland and Northern Ireland to equivalent effect as that Schedule. |
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| | | | To move the following Clause— |
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| | | | “Supply of information to Secretary of State |
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| | | (1) | Section 20 of the Immigration and Asylum Act 1999 (supply of information to |
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| | | Secretary of State) is amended in accordance with subsections (2) to (10). |
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| | | (2) | For the heading substitute “Power to supply information etc to Secretary of |
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| | | (3) | In subsection (1) for paragraphs (a) to (f) substitute— |
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| | | “(a) | a public authority, or |
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| | | (b) | any specified person, for purposes specified in relation to that |
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| | | (4) | In subsection (1A) in each of paragraphs (a) and (b) for “a person listed in |
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| | | subsection (1) or someone acting on his behalf” substitute “a public authority or |
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| | | someone acting on behalf of a public authority”. |
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| | | (5) | After subsection (1A) insert— |
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| | | “(1B) | This section does not apply to— |
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| | | (a) | information which is held by the Crown Prosecution Service, or |
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| | | (b) | a document or article which comes into the possession of, or is |
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| | | discovered by, the Crown Prosecution Service, or someone |
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| | | acting on behalf of the Crown Prosecution Service, |
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| | | | if section 40 of the UK Borders Act 2007 applies to the information, |
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| | | (6) | After subsection (2A) insert— |
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| | | “(2B) | Subsection (2A)(a) does not affect any other power of the Secretary of |
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| | | State to retain a document or article.” |
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| | | (7) | In subsection (3) after paragraph (d) insert— |
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| | | “(da) | anything else that is done in connection with the exercise of a |
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| | | function under any of the Immigration Acts;”. |
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| | | (8) | After subsection (3) insert— |
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| | | “(3A) | “Public authority” means a person with functions of a public nature but |
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| | | (a) | Her Majesty’s Revenue and Customs, |
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| | | (b) | either House of Parliament or a person exercising functions in |
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| | | connection with proceedings in Parliament, |
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| | | (c) | the Scottish Parliament or a person exercising functions in |
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| | | connection with proceedings in the Scottish Parliament, |
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| | | (d) | the National Assembly for Wales or a person exercising |
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| | | functions in connection with proceedings in that Assembly, or |
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| | | (e) | the Northern Ireland Assembly or a person exercising functions |
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| | | in connection with proceedings in that Assembly.” |
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| | | (10) | After subsection (6) insert— |
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| | | “(7) | Nothing in this section authorises information, a document or an article |
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| | | to be supplied if to do so would contravene a restriction on the disclosure |
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| | | of information (however imposed).” |
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