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| | Clause 15, page 16, line 9, leave out “Scotland” |
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| | Member’s explanatory statement
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| | This amendment would limit the ‘right to rent’ provisions of this Bill so that they do not apply to |
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| | Clause 15, page 16, line 16, leave out paragraph (4)(b) |
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| | Member’s explanatory statement
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| | This amendment would limit the ‘right to rent’ provisions of this Bill so that they do not apply to |
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| | Clause 15, page 16, line 26, leave out paragraph 5(c). |
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| | Member’s explanatory statement
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| | This amendment would limit the ‘right to rent’ provisions of this Bill so that they do not apply to |
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| | Clause 15, page 16, line 31, at end insert— |
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| | “(5A) | The Immigration Act 2014 is amended as follows, after section 76(3) insert— |
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| | “(3A) | Sections 20 to 37 and Schedule 3 shall not apply to Scotland.” |
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| | Member’s explanatory statement
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| | This amendment would limit the ‘right to rent’ provisions in the Immigration Act 2014 so that they |
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| | do not apply to Scotland. |
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| | Page 16, line 33, leave out Clauses 16 and 17. |
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| | Member’s explanatory statement
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| | To remove from the Bill the provisions on driving licences and thus maintain the status quo. |
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| | Clause 17, page 19, line 39, at end insert— |
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| | “(1A) | A person does not commit an offence under subsection (1) if they had a |
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| | reasonable belief that they had legal right to remain in the United Kingdom and |
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| | Member’s explanatory statement
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| | This amendment would provide a defence for those prosecuted for driving while illegally in the UK |
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| | if they can show that they had a reason to believe that they did have legal right to be in the UK. |
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| | Clause 17, page 20, line 6, at end insert— |
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| | “(3A) | Nothing in this Section shall prejudice the validity of insurance relating to motor |
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| | Member’s explanatory statement
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| | This amendment would ensure that the introduction of an offence of driving while illegally in the |
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| | UK would not interfere with the validity of motor insurance. |
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| Clause 17, page 20, line 33, leave out “as to whether” and insert “not” |
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| | Member’s explanatory statement
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| | This amendment and amendment 45 clarify that a vehicle must be released where a decision is |
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| | taken not to institute criminal proceedings for the offence of driving when unlawfully in the United |
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| Clause 17, page 20, line 35, leave out “have been” and insert “are” |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 44. |
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| Clause 17, page 20, line 45, at end insert— |
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| | “( ) | A power in subsection (1) or (3) may be exercised by a senior officer or constable |
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| | at any place at which the senior officer or constable is lawfully present.” |
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| | Member’s explanatory statement
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| | This amendment makes clear that a vehicle can be detained by a senior officer or constable at any |
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| | place they are lawfully present. |
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| | Clause 17, page 21, line 30, at end insert— |
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| | “(10A) | Before laying regulations to bring Section 24D into force, the Secretary of State |
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| | must ensure a pilot of the arrangements takes place. |
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| | (10B) | Following the completion of the pilot mentioned in subsection (10A) the |
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| | Secretary of State must prepare a report and lay it before each House of |
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| | (10C) | The pilot mentioned in subsection (1) must take place in a minimum of two police |
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| | force areas and last for a minimum of six months.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that the Home Secretary conducted a pilot of the proposed powers |
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| | to allow police forces to confiscate the cars of suspected illegal immigrants before the measures |
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| Clause 17, page 21, line 32, at end insert— |
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| | “24DA | Powers to enter premises to detain motor vehicle |
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| | (1) | A senior officer or a constable may enter and search any premises for the purposes |
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| | of detaining a vehicle under section 24D. |
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| | (2) | The power in subsection (1) may be exercised— |
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| | (a) | only to the extent that it is reasonably required for that purpose, and |
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| | (b) | only if the senior officer or constable knows that a vehicle which may be |
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| | detained under section 24D is to be found on the premises. |
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| | (3) | The power in subsection (1) may be exercised— |
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| | (a) | by a senior officer (“S”) only if S produces identification showing that S |
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| | is an immigration officer (whether or not S is asked to do so); |
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| | (b) | by a constable (“C”) only if C produces identification showing that C is |
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| | a constable (whether or not C is asked to do so). |
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| | (4) | Subsection (5) applies if, on an application by a senior officer or constable, a |
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| | justice of the peace is satisfied that there are reasonable grounds for suspecting |
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| | that a vehicle which may be detained under section 24D may be found on |
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| | premises mentioned in subsection (6). |
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| | (5) | The justice of the peace may issue a warrant authorising any senior officer or |
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| | constable to enter, if need be by force, the premises for the purpose of searching |
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| | for and detaining the vehicle. |
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| | (6) | The premises referred to in subsection (4) are— |
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| | (a) | one or more sets of premises specified in the application, or |
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| | (b) | subject to subsection (10), any premises occupied or controlled by a |
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| | person specified in the application, including such sets of premises as are |
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| | so specified (in which case the application is for an “all premises |
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| | (7) | If the application is for an all premises warrant, the justice of the peace must also |
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| | (a) | that there are reasonable grounds for believing that it is necessary to |
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| | search premises occupied or controlled by the person in question which |
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| | are not specified in the application in order to find the vehicle, and |
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| | (b) | that it is not reasonably practicable to specify in the application all the |
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| | premises which the person occupies or controls and which might need to |
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| | (8) | Subject to subsection (10), the warrant may authorise entry to and search of |
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| | premises on more than one occasion if, on the application, the justice of the peace |
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| | is satisfied that it is necessary to authorise multiple entries in order to achieve the |
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| | purpose for which the justice issues the warrant. |
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| | (9) | If it authorises multiple entries, the number of entries authorised may be |
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| | unlimited, or limited to a maximum. |
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| | (10) | A justice of the peace in Scotland may not issue— |
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| | (a) | an all premises warrant under this section authorising entry on premises |
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| | (b) | a warrant under this section authorising multiple entries by a constable. |
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| | (11) | In the application of this section to Scotland, references to a justice of the peace |
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| | are to be read as references to the sheriff or a justice of the peace. |
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| | (12) | In this section “senior officer” means an immigration officer not below the rank |
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| | of chief immigration officer.” |
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| | Member’s explanatory statement
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| | This amendment provides the police and immigration officers with the power to enter premises in |
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| | order to detain a relevant vehicle. This ensures that an illegal migrant who commits the offence of |
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| | driving when unlawfully present in the United Kingdom cannot frustrate seizure by keeping the |
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| Clause 17, page 22, line 22, at end insert— |
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| | “( ) | In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of |
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| | persons accompanying constables in execution of warrants) after “seizure” insert |
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| | ( ) | In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland) |
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| | Order 1989 (SI 1989/1341 (NI 22)) (powers of persons accompanying constables |
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| | in execution of warrants) after “seizure” insert “or detention”. |
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| | ( ) | In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable |
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| | force) before paragraph (a) insert— |
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| | “(za) | section 24DA(1) (powers to enter premises to detain motor |
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| | This amendment ensures that a person accompanying a constable in the execution of a warrant |
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| | may detain a vehicle and that a constable may use reasonable force in order to detain a vehicle. |
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| | Page 22, line 24, leave out Clause 18. |
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| | Member’s explanatory statement
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| | To remove from the Bill the restrictions on access to bank accounts and thus maintain the status |
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| Schedule 3, page 70, line 35, leave out “or a court of summary jurisdiction” |
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| | Member’s explanatory statement
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| | This amendment and amendment 23 change the definition of “relevant appeal court” for appeals |
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| | in Northern Ireland. The effect is that an appeal against a decision by a court of summary |
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| | jurisdiction in Northern Ireland to make a freezing order is made to a county court instead of the |
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| Schedule 3, page 70, line 38, at end insert— |
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| | “(c) | a county court, where the decision appealed against is a |
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| | decision of a court of summary jurisdiction.” |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 22. |
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| | Schedule 3, page 72, line 8, at end insert— |
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| | “(8A) | The Secretary of State shall provide any individual she determines to be a |
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| | disqualified person with the information resulting from her checks under 40C(1) |
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| | that led to this determination. |
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| | (8B) | The Secretary of State shall provide an individual she determines to be a |
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| | disqualified person, and any person or body by or for whom the relevant account |
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| | is operated, with compensation in accordance with [new clause (*)], where that |
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| | determination is found to have been incorrect.” |
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| | Schedule 3, page 72, line 8, at end insert— |
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| | (1) | This section applies where— |
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| | (a) | a person is determined by the Secretary of State (following a check under |
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| | 40C(1)) to be a disqualified person; |
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| | (b) | the Secretary of State provides notification to the bank that the person is |
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| | a disqualified person under section 40C(3) or 40D(7); |
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| | (c) | the bank closes an account or prevents an account being operated in |
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| | compliance with section 40G; and |
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| | (d) | the determination by the Secretary of State under 40C(1) is found to have |
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| | (2) | Where subsection (1) applies, the Secretary of State shall pay compensation to— |
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| | (a) | a person incorrectly determined to be a disqualified person; |
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| | (b) | any person or body by or for whom the relevant account is operated. |
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| | (3) | No payment of compensation under this section shall be made unless an |
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| | application for such compensation has been made to the Secretary of State before |
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| | the end of the period of two years beginning with the date on which the |
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| | information resulting from its checks under 40C(1) is provided to the person |
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| | incorrectly determined to be the disqualified person. |
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| | (4) | But the Secretary of State may direct that an application for compensation made |
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| | after the end of that period is to be treated as if it had been made within that period |
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| | if the Secretary of State considers that there are exceptional circumstances which |
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| | (5) | The question whether there is a right to compensation under this section shall be |
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| | determined by the Secretary of State. |
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| | (6) | If the Secretary of State determines that there is a right to such compensation, the |
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| | Member’s explanatory statement
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| | To make provision for statutory compensation from the Secretary of State to compensate the holder |
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| | of a bank account where their account is closed or suspended by their bank in reliance on incorrect |
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| | information provided by the Secretary of State as to the status of the account holder as a |
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| | Page 67, line 29, leave out Schedule 3. |
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| | Member’s explanatory statement
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| | To remove from the Bill the restrictions on access to bank accounts and thus maintain the status |
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| Schedule 4, page 73, line 17, leave out from “application” to “, or” in line 19 |
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| | Member’s explanatory statement
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| | This amendment and amendments 25 and 28 to 30 are to clarify that the definition of “specific |
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| | premises warrant” in section 28K(13A) of the Immigration Act 1971 inserted by paragraph 5(8) |
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| | of Schedule 4 to the Bill applies to any warrant under that Act which is not an all premises warrant. |
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| Schedule 4, page 74, line 14, leave out from “application” to “, or” in line 16 |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 24. |
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| Schedule 4, page 75, line 40, after “section” insert “24DA(6)(b),” |
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| | Member’s explanatory statement
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| | This amendment and amendments 50 to 53 ensure that the provisions regarding warrants in |
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| | sections 28J and 28K of the Immigration Act 1971 as amended by Schedule 4 also apply to a |
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| | warrant obtained for entering premises to detain a vehicle. |
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| Schedule 4, page 75, line 43, after “section” insert “24DA(8),” |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 49. |
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