Immigration Bill (HC Bill 74)

(b) to search for such documents and to take possession of any that the
relevant officer finds,

(c) to inspect any relevant nationality documents obtained in the course of
the exercise of a power in paragraph (a) or (b), and

(d) 5to seize and retain any such documents so obtained.

(7) The power in subsection (6)(b) is a power to search any of the following—

(a) the person;

(b) anything the person has with him or her;

(c) the person’s accommodation in the removal centre, short-term holding
10facility, prison or young offender institution;

(d) any item of the person’s property in the removal centre, short-term
holding facility, prison or young offender institution.

(8) A strip search may be carried out under subsection (7)(a); but such a search
may not be carried out in the presence of—

(a) 15another person detained as mentioned in subsection (1) or (2), or

(b) a person of the opposite sex.

(9) An intimate search may not be carried out under subsection (7)(a).

(10) A relevant officer may if necessary use reasonable force for the purposes of
exercising a a power in subsection (6)(a) or (b).

(11) 20A relevant officer must pass a relevant nationality document seized and
retained under subsection (6)(d) to the Secretary of State as soon as is
reasonably practicable.

(12) The Secretary of State may retain a relevant nationality document which comes
into the Secretary of State’s possession under subsection (11) while the
25Secretary of State suspects that—

(a) a person to whom the document relates 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 removal.

(13) 30If subsection (12) does not apply to a document which comes into the Secretary
of State’s possession under this section, the Secretary of State may—

(a) arrange for the document to be returned in accordance with subsection
(14), or

(b) if the Secretary of State thinks that it would not be appropriate to return
35the document, dispose of the document in such manner as the Secretary
of State thinks appropriate.

(14) A document which is required to be returned in accordance with this
subsection must be returned to—

(a) the person who was previously in possession of it, or

(b) 40if it was not found in the possession of a person, the location in which
it was found.

(15) In this section and section 25—

• “intimate search” means a search which consists of a physical examination
  of a person’s body orifices other than the mouth;

• 45“nationality document” means a document which might—

  (a)

  establish a person’s identity, nationality or citizenship, or

  Immigration BillPage 31

  (b)

  indicate the place from which a person has travelled to the
  United Kingdom or to which a person is proposing to go.

• “strip search” means a search which involves the removal of an item of
  clothing which—

  (a)

  5is being worn wholly or partly on the trunk, and

  (b)

  is being so worn either next to the skin or next to an article of
  underwear.

(16) For the purposes of this section and section 25 a nationality document is
“relevant” if it relates to a person who is liable to removal from the United
10Kingdom in accordance with a provision of the Immigration Acts.

(17) In this section the following expressions have the same meaning as in Part 7 of
the Immigration and Asylum Act 1999 (see section 147)—

• “detained person”;

• “detainee custody officer”;

• 15“prisoner custody officer”;

• “removal centre”;

• “short-term holding facility”.

25 Seizure of nationality documents by detainee custody officers etc

(1) A relevant officer may seize a nationality document which the relevant officer
20finds in the course of the exercise of a power to search other than one conferred
by section 24.

(2) Where a relevant officer seizes a nationality document under subsection (1),
the relevant officer—

(a) must seek the consent of the Secretary of State to retain the document,
25and

(b) if the relevant officer obtains the Secretary of State’s consent, must pass
the document to the Secretary of State as soon as is practicable.

(3) The Secretary of State may give consent under subsection (2) only if the
Secretary of State has reasonable grounds to believe that—

(a) 30the document is a relevant nationality document, and

(b) the document may facilitate the removal of the person to whom it
relates from the United Kingdom in accordance with a provision of the
Immigration Acts.

(4) If the Secretary of State does not give consent under subsection (2), the
35Secretary of State must—

(a) direct the relevant officer to return the document as mentioned in
subsection (5), or

(b) if the Secretary of State thinks that it would not be appropriate to return
the document, direct the relevant officer to dispose of the document in
40such manner as the Secretary of State may direct.

(5) A document which is required to be returned in accordance with this
subsection must be returned to—

(a) the person who was previously in possession of it, or

(b) if it was not found in the possession of a person, the location in which
45it was found.

(6) The Secretary of State may retain a relevant nationality document which comes
into the Secretary of State’s possession under this section while the Secretary
of State suspects that—

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

(b) retention of the document may facilitate the removal.

(7) If subsection (6) does not apply to a document which comes into the Secretary
of State’s possession under this section, the Secretary of State may—

(a) 10arrange for the document to be returned in accordance with subsection
(5), or

(b) if the Secretary of State thinks that it would not be appropriate to return
the document, dispose of the document in such manner as the Secretary
of State thinks appropriate.

26 15Amendments relating to sections 24 and 25

(1) Schedule 11 to the Immigration and Asylum Act 1999 (detainee custody
officers) is amended as follows.

(2) In paragraph 4 (offence of assaulting detainee custody officer)—

(a) omit the “or” at the end of paragraph (b), and

(b) 20at the end of paragraph (c) insert “, or

(d) performing functions under section 24 of the
Immigration Act 2016 (search for nationality
documents),”.”

(3) In paragraph 5 (offence of obstructing detainee custody officer)—

(a) 25omit the “or” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert “, or

(d) performing functions under section 24 of the
Immigration Act 2016 (search for nationality
documents),”.”

(4) 30After paragraph 8 insert—

“9 A reference in paragraph 4(d) or 5(d) to a detainee custody officer
performing functions under section 24 of the Immigration Act 2016
includes a reference to a prison officer or prisoner custody officer
performing such functions.””

27 35Amendments to search warrant provisions

Schedule 4 (amendments to search warrant provisions) has effect.

28 Interpretation of Part

(1) In this Part “immigration officer” means a person appointed by the Secretary
of State as an immigration officer under paragraph 1 of Schedule 2 to the
40Immigration Act 1971.

(2) In this Part “premises” and “item subject to legal privilege” have the same
meaning—

(a) in relation to England and Wales, as in the Police and Criminal
Evidence Act 1984;

(b) in relation to Northern Ireland, as in the Police and Criminal Evidence
(Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12));

(c) 5in relation to Scotland, as in section 412 of the Proceeds of Crime Act
2002.

Immigration bail

29 Immigration bail

(1) Schedule 5 (immigration bail) has effect.

(2) 10In that Schedule—

(a) Part 1 contains the main provisions about immigration bail, and

(b) Part 2 contains amendments to other Acts.

(3) A person may be released and remain on bail under paragraph 22 or 29 of
Schedule 2 to the Immigration Act 1971 even if the person can no longer be
15detained under a provision of the Immigration Acts to which that paragraph
applies, if the person is liable to detention under such a provision.

(4) The reference in subsection (3) to paragraph 22 or 29 of Schedule 2 to the
Immigration Act 1971 includes that paragraph as applied by any other
provision of the Immigration Acts.

(5) 20The amendment made by subsection (3) is to be treated as always having had
effect.

(6) Subsections (3) to (5) are repealed on the coming into force of the repeal of
paragraphs 22 and 29 of Schedule 2 to the Immigration Act 1971 by paragraph
16 of Schedule 5.

25Power to cancel leave

30 Power to cancel leave extended under section 3C of the Immigration Act 1971

(1) In section 3C of the Immigration Act 1971 (continuation of leave pending
variation decision) after subsection (3) insert—

“(3A) Leave extended by virtue of this section may be cancelled if the
30applicant—

(a) has failed to comply with a condition attached to the leave, or

(b) has used or uses deception in seeking leave to remain (whether
successfully or not).””

(2) In section 4(1) of that Act (persons by whom and means by which powers are
35to be exercised) after “conditions)” insert “or to cancel any leave under section
3C(3A)”.

Part 4 Appeals

31 Appeals within the United Kingdom: certification of human rights claims

(1) Section 94B of the Nationality, Immigration and Asylum Act 2002 (appeals
5from within the United Kingdom: certification of human rights claims made by
persons liable to deportation) is amended in accordance with subsections (2) to
(5).

(2) In the heading omit “made by persons liable to deportation”.

(3) In subsection (1) omit the words from “who is liable” to the end of paragraph
10(b).

(4) In subsection (2) for the words from “removal” to “removed” substitute
“refusing P entry to, removing P from or requiring P to leave the United
Kingdom”.

(5) In subsection (3) for the words from “removed” in the first place it appears to
15“removed” in the second place it appears substitute “refused entry to, removed
from or required to leave the United Kingdom”.

(6) In section 92(3)(a) of that Act (cases where human rights claim appeal must be
brought from outside the United Kingdom) omit “made by persons liable to
deportation”.

32 20Continuation of leave: repeals

(1) In the Immigration Act 1971 omit section 3D (continuation of leave following
revocation).

(2) In section 2(2)(a) of the Special Immigration Appeals Commission Act 1997
(jurisdiction: appeals) omit “or 3D”.

(3) 25In section 120(4)(b) of the Nationality, Immigration and Asylum Act 2002
(requirement to state additional grounds for application etc) omit “or 3D”.

(4) In consequence of the repeals made by this section, the following are
repealed—

(a) paragraph 14(b)(i) of Schedule 1 to the Immigration, Asylum and
30Nationality Act 2006, and

(b) paragraph 22 of Schedule 9 to the Immigration Act 2014.

(5) The repeals made by this section do not apply in relation to a person (“P”)
where—

(a) P’s leave was extended by virtue of section 3D of the Immigration Act
351971 immediately before 6 April 2015, and

(b) immediately before the coming into force of this section an appeal by P
against the variation or revocation of P’s leave to enter or remain in the
United Kingdom was pending within the meaning of section 104 of the
Nationality, Immigration and Asylum Act 2002.

33 Deemed refusal of leave to enter: repeals

(1) In the Immigration Act 1971 omit paragraph 2A(9) of Schedule 2 (deemed
refusal of leave to enter).

(2) In consequence of the repeal made by this section, paragraph 23 of Schedule 9
5to the Immigration Act 2014 is repealed.

(3) The repeals made by this section do not apply in relation to a person if,
immediately before the coming into force of this section, the person’s appeal
by virtue of paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 against
the cancellation of the person’s leave to enter under paragraph 2A(8) of that
10Schedule was pending within the meaning of section 104 of the Nationality,
Immigration and Asylum Act 2002.

Part 5 Support for certain categories of migrant

34 Support for certain categories of migrant

15Schedule 6 (support for certain categories of migrant) has effect.

Part 6 Border security

35 Penalties relating to airport control areas

(1) In paragraph 26 of Schedule 2 to the Immigration Act 1971 (supplementary
20duties of those connected with ships or aircraft or with ports) after sub-
paragraph (3A) insert—

“(4) Part 1A of this Schedule makes provision for and in connection with
the imposition of a penalty for certain breaches of sub-paragraph (2)
or (3).””

(2) 25In that Schedule after Part 1 insert the Part 1A set out in Schedule 7.

36 Maritime enforcement

Schedule 8 (maritime enforcement) has effect.

37 Persons excluded from the United Kingdom under international obligations

(1) In section 8 of the Immigration Act 1971 (exceptions for seamen, aircrews and
30other special cases) in subsection (5) after “expired” insert “or otherwise ceased
to be in force”.

(2) In section 8A of that Act (persons ceasing to be exempt) after subsection (3)
insert—

“(4) References in this section to a person who ceases to be exempt do not
35include a person who ceases to be exempt by virtue of section 8B(3).””

(3) Section 8B of that Act (persons excluded from the United Kingdom under
international obligations) is amended as follows.

(4) In subsection (1) after paragraph (b) insert—

““(and any leave given to a person who is an excluded person is
invalid)”.”

(5) For subsection (3) substitute—

“(3) 5Any exemption of a person from the provisions of this Act under
section 8(1), (2) or (3) does not apply while the person is an excluded
person.””

(6) In subsection (4) for “a designated instrument” substitute “an instrument
falling within subsection (5)”.

(7) 10In subsection (5) for “The Secretary of State may by order designate an
instrument” substitute “An instrument falls within this subsection”.

(8) After subsection (5) insert—

“(5A) Subsection (1), (2) or (3) does not apply to a person if—

(a) the application of that subsection to that person would be
15contrary to the United Kingdom’s obligations under—

(i) the Human Rights Convention (within the meaning
given by section 167(1) of the Immigration and Asylum
Act 1999), or

(ii) the Refugee Convention (within the meaning given by
20that provision), or

(b) the person has been exempted from the application of that
subsection under a process applying by virtue of the instrument
falling within subsection (5).””

(9) Omit subsections (6) to (8).

25Part 7 Language requirements for public sector workers

38 English language requirements for public sector workers

(1) A public authority must ensure that each person who works for the public
authority in a customer-facing role speaks fluent English.

(2) 30In determining how to comply with subsection (1), a public authority must
have regard to the code of practice under section 41 that is for the time being
applicable to that authority.

(3) A public authority must operate an adequate procedure for enabling
complaints to be made to the authority about breaches by the authority of
35subsection (1) and for the consideration of such complaints.

(4) In determining whether a procedure is adequate for the purposes of subsection
(3), a public authority must have regard to the code of practice under section
41 that is for the time being applicable to that authority.

(5) For the purposes of this Part a person works for a public authority if the person
40works—

(a) under a contract of employment with the public authority,

(b) under a contract of apprenticeship with the public authority,

(c) under a contract to do work personally with the public authority,

(d) as an agency worker within the meaning of the Agency Workers
Regulations 2010 (SI 2010/93SI 2010/93) in respect of whom the public authority
is the hirer within the meaning of those regulations,

(e) 5for the public authority as a constable, or

(f) for the public authority in the course of Crown employment.

(6) In subsection (5) “Crown employment”—

(a) has the meaning given by section 191(3) of the Employment Rights Act
1996, and

(b) 10includes service as a member of the armed forces of the Crown and
employment by an association established for the purposes of Part 11
of the Reserve Forces Act 1996.

(7) References in this Part to a person who works in a customer-facing role are to
a person who, as a regular and intrinsic part of the person’s role, is required to
15speak to members of the public in English.

(8) For the purposes of this Part a person speaks fluent English if the person has a
command of spoken English which is sufficient to enable the effective
performance of the person’s role.

(9) This section applies in relation to a person who is working in a customer-facing
20role for a public authority when this section comes into force as well as to a
person who begins to work in such a role after that time.

(10) This section does not apply in relation to a person whose work is carried out
wholly or mainly outside the United Kingdom.

39 Meaning of “public authority”

(1) 25Subject as follows, in this Part “public authority” means a person with
functions of a public nature.

(2) A person is not a public authority for the purposes of this Part if, apart from
this subsection, the person would be a public authority for those purposes
merely because the person exercises functions on behalf of another public
30authority.

(3) A person who exercises functions in relation to Scotland is a public authority
for the purposes of this Part only if and to the extent that those functions relate
to a reserved matter.

(4) In subsection (3) “Scotland” and “reserved matter” have the same meanings as
35in the Scotland Act 1998.

(5) The following are not public authorities for the purposes of this Part—

(a) the Security Service;

(b) the Secret Intelligence Service;

(c) the Government Communications Headquarters.

(6) 40The relevant Minister may by regulations amend subsection (5) so as to add,
modify or remove a reference to a person or description of person with
functions of a public nature.

40 Power to expand meaning of person working for public authority

(1) The relevant Minister may by regulations amend section 38 with the effect that
a person who works for a contractor of a public authority is a person who
works for the authority for the purposes of this Part.

(2) 5In subsection (1) “contractor”, in relation to a public authority, means a person
who—

(a) provides a service to members of the public as a result of an
arrangement made with a public authority (whether or not by that
person), but

(b) 10is not a public authority.

(3) For the purposes of subsection (1) a person works for a contractor if the person
works—

(a) under a contract of employment with the contractor,

(b) under a contract of apprenticeship with the contractor,

(c) 15under a contract to do work personally with the contractor, or

(d) as an agency worker within the meaning of the Agency Workers
Regulations 2010 (SI 2010/93SI 2010/93) in respect of whom the contractor is the
hirer within the meaning of those regulations.

41 Duty to issue codes of practice

(1) 20The relevant Minister must issue a code or codes of practice for the purposes
of section 38.

(2) A code of practice must include provision about the following matters—

(a) the standard of spoken English to be met by a person working for a
public authority to which the code applies in a customer-facing role;

(b) 25the action available to such a public authority where such a person does
not meet that standard;

(c) the procedure to be operated by such a public authority for enabling
complaints to be made to the authority about breaches by the authority
of section 38(1) and for the consideration of such complaints;

(d) 30how the public authority is to comply with its other legal obligations as
well as complying with the duty in section 38(1).

(3) A code of practice may make such other provision as the relevant Minister
considers appropriate for securing that a person who works for a public
authority to which the code applies in a customer-facing role speaks fluent
35English.

(4) A code of practice may make provision in relation to—

(a) all public authorities,

(b) particular descriptions of public authority, or

(c) particular public authorities.

(5) 40But the relevant Minister must ensure that there is at all times a code of practice
in force which applies to each public authority.

(6) A code of practice may make different provision for different purposes,
including different provision for different public authorities or descriptions of
public authority.

42 Procedure for codes of practice

(1) In preparing a code of practice the relevant Minister must consult such persons
as the relevant Minister thinks appropriate.

(2) Before issuing a code of practice the relevant Minister must lay a draft of the
5code before Parliament.

(3) A code of practice comes into force in accordance with provision made by
regulations made by the relevant Minister.

(4) After a code of practice has come into force the relevant Minister must publish
it in such manner as the relevant Minister thinks appropriate.

(5) 10The relevant Minister may from time to time review a code of practice and may
revise and re-issue it following a review.

(6) References in subsections (1) to (4) to a code of practice include a revised code.

43 Application of Part to Wales

(1) Subsection (2) makes provision about the application of this Part in relation
15to—

(a) a public authority that exercises functions only in Wales, and

(b) a public authority that exercises functions in both England and Wales,
to the extent that it exercises functions in Wales.

(2) In the provisions of this Part listed in subsection (3) references to English are to
20be read as references to English or Welsh.

(3) Those provisions are—

(a) section 38(1), (7) and (8), and

(b) section 41(2)(a) and (3).

44 Interpretation of Part

25In this Part—

• “contract” means a contract whether express or implied and, if express,
  whether oral or in writing;

• “public authority” has the meaning given by section 39;

• “relevant Minister” means the Secretary of State or the Chancellor of the
  30Duchy of Lancaster.

45 Crown application

This Part binds the Crown.