Immigration Bill (HC Bill 74)

(c) specifying the factors that the Secretary of State will consider
when deciding whether to make such an application.

(2) The Secretary of State must from time to time review the code and
may revise and re-issue it following a review.

(3) 5The code (or revised code)—

(a) may not be issued unless a draft has been laid before
Parliament, and

(b) comes into force in accordance with provision contained in
regulations made by the Secretary of State.

40G 10Closure of accounts not subject to freezing order

(1) This section applies where—

(a) a bank or building society makes a notification under section
40B(2) in relation to a person,

(b) the person is determined by the Secretary of State (following
15a check under section 40C(1)) to be a disqualified person, and

(c) the bank or building society receives a notification under
section 40C(3) or 40D(7) in relation to the disqualified person.

(2) Where this section applies the bank or building society must as soon
as reasonably practicable close each account held with it that—

(a) 20in the case of a notification under section 40C(3), is operated
by or for the disqualified person and is not the subject of an
application for a freezing order;

(b) in the case of a notification under section 40D(7), is operated
by or for the disqualified person and in respect of which a
25freezing order is not in force.

(3) The bank or building society may delay closing an account which it
would otherwise be required to close under subsection (2) if at the
time at which it would otherwise be required to close it—

(a) the account is overdrawn, or

(b) 30where the account is operated by or for the disqualified
person and one or more bodies or other persons, the bank or
building society considers that closing the account would
significantly adversely affect the interests of any of those
other bodies or persons.

(4) 35Where subsection (3) applies, closure of the account may be delayed
for such period as is reasonable (but not indefinitely).

(5) If an account falling within subsection (2) is operated by or for the
disqualified person and one or more bodies or other persons, the
bank or building society is to be treated as having complied with that
40subsection in relation to that account if, as soon as reasonably
practicable, it takes all such steps as are necessary to prevent the
account from being operated by or for the disqualified person
(instead of closing the account).

(6) Where the bank or building society closes an account in compliance
45with this section, it must tell each person or body by or for whom the
account is operated, if it may lawfully do so, why it has closed the
account.

(7) Where the bank or building society prevents an account from being
operated by or for the disqualified person by virtue of subsection (5),
it must tell each person or body by or for whom the account is
operated, if it may lawfully do so, why it has prevented the account
5from being operated by or for the disqualified person.

(8) The bank or building society must provide the Secretary of State with
information about the steps that it has taken to comply with this
section.

(9) Information provided under subsection (8) must be provided in the
10prescribed form and manner and at the prescribed times or with the
prescribed frequency.

(10) In subsection (9) “prescribed” means prescribed in regulations made
by the Treasury.

40H Sections 40A to 40G: interpretation

(1) 15This section applies for the purposes of sections 40A to 40G.

(2) “Account” includes a financial product by means of which a
payment may be made.

(3) “Freezing order” has the meaning given by section 40D(2).

(4) “Disqualified person” has the meaning given by section 40A(3).

(5) 20References to an account being operated by or for a person or body
are to be read in accordance with section 40A(5).””

3 (1) Section 41 (regulation by Financial Conduct Authority) is amended as
follows.

(2) In subsection (1), at the end insert “and the requirements imposed on them
25by sections 40A, 40B and 40G”.

(3) In subsection (2)(a), at the end insert “or immigration checks under section
40A”.

4 In section 42 (meaning of “bank” and “building society”), in subsections (1)
and (5), for “and 41” substitute “to 41”.

5 (1) 30Section 43 (power to amend) is amended as follows.

(2) In subsection (1)(b), after “40(1)” insert “or the requirement in section
40A(1)”.

(3) In subsection (1)(c), for “that section” substitute “section 40 or 40A”.

6 In section 74 (orders and regulations), in subsection (2) (statutory
35instruments to which the affirmative resolution procedure applies), after
paragraph (b) insert—

“(ba) regulations under section 40A(4);

(bb) regulations under section 40B;”.”

7 (1) Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of
40UK judgments in other parts of UK) is amended as follows.

(2) In subsection (3), for “subsection (4)” substitute “subsections (4) and (4ZA)”.

(3) After subsection (4) insert—

“(4ZA) This section applies to a freezing order made under section 40D of
the Immigration Act 2014 by a magistrates’ court in England and
Wales or a court of summary jurisdiction in Northern Ireland.””

Section 27

5SCHEDULE 4 Amendments to search warrant provisions

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

1 The Immigration Act 1971 is amended as follows.

2 (1) Section 28D (entry and search of premises) is amended as follows.

(2) 10In subsection (1)—

(a) in paragraph (b) for “specified in the application” substitute
“mentioned in subsection (1A)”, and

(b) at the end of paragraph (e) insert “in relation to each set of premises
specified in the application.”

(3) 15After subsection (1) insert—

“(1A) The premises referred to in subsection (1)(b) above are—

(a) one or more sets of premises specified in the application (in
which case the application is for a “specific premises
warrant”), or

(b) 20any premises occupied or controlled by a person specified in
the application, including such sets of premises as are so
specified (in which case the application is for an “all premises
warrant”).

(1B) If the application is for an all premises warrant, the justice of the
25peace must also be satisfied—

(a) that because of the particulars of the offence referred to in
paragraph (a) of subsection (1), there are reasonable grounds
for believing that it is necessary to search premises occupied
or controlled by the person in question which are not
30specified in the application in order to find the material
referred to in paragraph (b) of that subsection, and

(b) that it is not reasonably practicable to specify in the
application all the premises which the person occupies or
controls and which might need to be searched.

(1C) 35The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
achieve the purpose for which the justice issues the warrant.

(1D) If it authorises multiple entries, the number of entries authorised
40may be unlimited, or limited to a maximum.””

(4) In subsection (2) after “conditions” insert “referred to in subsection (1)(e)”.

(5) In subsection (7)—

(a) for “subsection (1)” substitute “this section”,

(b) in paragraph (a) for “the reference” substitute “references” and for “a
reference” substitute “references”, and

(c) 5in paragraph (b) for “paragraph (b)” substitute “subsection (1)(b)”.

3 (1) Section 28FB (search for personnel records with warrant) is amended as
follows.

(2) In subsection (1)—

(a) after “business premises” insert “mentioned in subsection (1A)”, and

(b) 10at the end of paragraph (c) insert “in relation to each set of premises
specified in the application.”

(3) After subsection (1) insert—

“(1A) The premises referred to in subsection (1) above are—

(a) one or more sets of premises specified in the application (in
15which case the application is for a “specific premises
warrant”), or

(b) any premises occupied or controlled by a person specified in
the application, including such sets of premises as are so
specified (in which case the application is for an “all premises
20warrant”).

(1B) If the application is for an all premises warrant, the justice of the
peace must also be satisfied—

(a) that there are reasonable grounds for believing that it is
necessary to search premises occupied or controlled by the
25person in question which are not specified in the application
in order to find the records referred to in subsection (1)(b),
and

(b) that it is not reasonably practicable to specify in the
application all the premises which the person occupies or
30controls and which might need to be searched.

(1C) The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
achieve the purpose for which the justice issues the warrant.

(1D) 35If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.””

(4) In subsection (2) for “Those conditions are” substitute “The conditions
referred to in subsection (1)(c) are”.

4 (1) Section 28J (search warrants: safeguards) is amended as follows.

(2) 40In subsection (2)—

(a) after paragraph (a) insert—

“(aa) if the application is for a warrant authorising entry
and search on more than one occasion, state the
ground on which the officer applies for such a
45warrant, and whether the officer seeks a warrant
authorising an unlimited number of entries, or (if not)
the maximum number of entries desired;”, and”

(b) for paragraph (b) substitute—

“(b) specify the matters set out in subsection (2A) below;
and”.”

(3) After subsection (2) insert—

“(2A) 5The matters which must be specified pursuant to subsection (2)(b)
above are—

(a) if the application relates to one or more sets of premises
specified in the application, each set of premises which it is
desired to enter and search;

(b) 10if the application relates to any premises occupied or
controlled by a person specified in the application—

(i) as many sets of premises which it is desired to enter
and search as it is reasonably practicable to specify;

(ii) the person who is in occupation or control of those
15premises and any others which it is desired to enter
and search;

(iii) why it is necessary to search more premises than
those specified under sub-paragraph (i);

(iv) why it is not reasonably practicable to specify all the
20premises which it is desired to enter and search.””

(4) In subsection (6) at the end insert “unless it specifies that it authorises
multiple entries”.

(5) After subsection (6) insert—

“(6A) If it specifies that it authorises multiple entries, it must also specify
25whether the number of entries authorised is unlimited, or limited to
a specified maximum.””

(6) In subsection (7) for paragraph (c) substitute—

“(c) each set of premises to be searched, or (in the case of an all
premises warrant) the person who is in occupation or control
30of premises to be searched, together with any premises under
the person’s occupation or control which can be specified and
which are to be searched; and”.”

(7) For subsection (9) substitute—

“(9) Two copies must be made of a warrant which specifies only one set
35of premises and does not authorise multiple entries; and as many
copies as are reasonably required may be made of any other kind of
warrant.””

(8) After subsection (10) insert—

“(10A) “All premises warrant” means a warrant issued in response to an
40application of the kind mentioned in section 28D(1A)(b) or
28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.

(10B) References in this section to a warrant authorising multiple entries is
to a warrant of the kind mentioned in section 28D(1C) or 28FB(1C) or
paragraph 25A(6AC) of Schedule 2.””

5 (1) 45Section 28K (execution of warrants) is amended as follows.

(2) After subsection (2) insert—

“(2A) A person so authorised has the same powers as the officer whom the
person accompanies in respect of—

(a) the execution of the warrant, and

(b) 5the seizure of anything to which the warrant relates.

(2B) But the person may exercise those powers only in the company, and
under the supervision, of an immigration officer.””

(3) In subsection (3) for “one month” substitute “three months”.

(4) After subsection (3) insert—

“(3A) 10If the warrant is an all premises warrant, no premises which are not
specified in it may be entered or searched unless an immigration
officer of at least the rank of chief immigration officer has in writing
authorised them to be entered.

(3B) No premises may be entered or searched for the second or any
15subsequent time under a warrant which authorises multiple entries
unless an immigration officer of at least the rank of chief immigration
officer has in writing authorised that entry to those premises.””

(5) In subsection (4)(a) after “and” insert “, if not in uniform,”.

(6) After subsection (8) insert—

“(8A) 20Unless the warrant is a warrant specifying one set of premises only,
the officer must comply with subsection (8) separately in respect of
each set of premises entered and searched.

(8B) A warrant must be returned in accordance with subsection (9)—

(a) when it has been executed, or

(b) 25in the case of a specific premises warrant which has not been
executed, an all premises warrant or any warrant authorising
multiple entries, on the expiry of the period of three months
referred to in subsection (3) or sooner.””

(7) In subsection (9) for the words from “A warrant” to “its execution” substitute
30“The warrant”.

(8) After subsection (13) insert—

“(13A) In subsection (8B)—

• “specific premises warrant” means a warrant issued in response
  to an application of the kind mentioned in section 28D(1A)(a)
  35or 28FB(1A)(a) or paragraph 25A(6AA)(a) of Schedule 2;

• “all premises warrant” means a warrant issued in response to an
  application of the kind mentioned in section 28D(1A)(b) or
  28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.

(13B) The reference in subsection (8B) to a warrant authorising multiple
40entries is to a warrant of the kind mentioned in section 28D(1C) or
28FB(1C) or paragraph 25A(6AC) of Schedule 2.””

6 (1) Paragraph 25A of Schedule 2 (search of premises for nationality documents)
is amended as follows.

(2) In sub-paragraph (6A)—

(a) for “specified in the application” substitute “mentioned in sub-
paragraph (6AA)”, and

(b) at the end of paragraph (b) insert “in relation to each set of premises
5specified in the application.”

(3) After sub-paragraph (2) insert—

“(6AA) The premises referred to in sub-paragraph (6A) above are—

(a) one or more sets of premises specified in the application (in
which case the application is for a “specific premises
10warrant”), or

(b) any premises occupied or controlled by a person specified in
the application, including such sets of premises as are so
specified (in which case the application is for an “all premises
warrant”).

(6AB) 15If the application is for an all premises warrant, the justice of the
peace must also be satisfied—

(a) that there are reasonable grounds for believing that it is
necessary to search premises occupied or controlled by the
person in question which are not specified in the application
20in order to find the relevant documents, and

(b) that it is not reasonably practicable to specify in the
application all the premises which the person occupies or
controls and which might need to be searched.

(6AC) The warrant may authorise entry to and search of premises on more
25than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
achieve the purpose for which the justice issues the warrant.

(6AD) If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.””

(4) 30In sub-paragraph (6B) after “conditions” insert “mentioned in sub-
paragraph (6A)(b)”.

(5) In sub-paragraph (6C) for “sub-paragraph (6A)” substitute “sub-paragraphs
(6A) to (6AC)”.

UK Borders Act 2007 (c. 30)2007 (c. 30)

7 (1) 35Section 45 of the UK Borders Act 2007 (search of premises for nationality
documents) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (b) for “specified in the application” substitute
“mentioned in subsection (1A)”, and

(b) 40at the end of paragraph (d) insert “in relation to each set of premises
specified in the application.”

(3) After subsection (2) insert—

“(2A) The premises referred to in subsection (2)(b) above are—

(a) one or more sets of premises specified in the application (in
which case the application is for a “specific premises
warrant”), or

(b) any premises occupied or controlled by a person specified in
5the application, including such sets of premises as are so
specified (in which case the application is for an “all premises
warrant”).

(2B) If the application is for an all premises warrant, the justice of the
peace must also be satisfied—

(a) 10that there are reasonable grounds for believing that it is
necessary to search premises occupied or controlled by the
person in question which are not specified in the application
in order to find the nationality documents, and

(b) that it is not reasonably practicable to specify in the
15application all the premises which the person occupies or
controls and which might need to be searched.

(2C) The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
20achieve the purpose for which the justice issues the warrant.

(2D) If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.””

(4) In subsection (3) after “conditions” insert “mentioned in subsection (2)(d)”.

Section 29

SCHEDULE 5 25Immigration bail

Part 1 Main provisions

Power to grant immigration bail

1 (1) The Secretary of State may grant a person bail if—

(a) 30the person is being detained under paragraph 16(1), (1A) or (2) of
Schedule 2 to the Immigration Act 1971 (detention of persons liable
to examination or removal),

(b) the person is being detained under paragraph 2(1), (2) or (3) of
Schedule 3 to that Act (detention pending deportation),

(c) 35the person is being detained under section 62 of the Nationality,
Immigration and Asylum Act 2002 (detention of persons liable to
examination or removal), or

(d) the person is being detained under section 36(1) of the UK Borders
Act 2007 (detention pending deportation).

(2) 40The Secretary of State may grant a person bail if the person is liable to
detention under a provision mentioned in sub-paragraph (1).

(3) The First-tier Tribunal may, on an application made to the Tribunal for the
grant of bail to a person, grant that person bail if—

(a) the person is being detained under paragraph 16(1), (1A) or (2) of
Schedule 2 to the Immigration Act 1971,

(b) 5the person is being detained under paragraph 2(1), (2) or (3) of
Schedule 3 to that Act,

(c) the person is being detained under section 62 of the Nationality,
Immigration and Asylum Act 2002, or

(d) the person is being detained under section 36(1) of the UK Borders
10Act 2007.

(4) In this Schedule references to the grant of immigration bail, in relation to a
person, are to the grant of bail to that person under any of sub-paragraphs
(1) to (3) or under paragraph 8(11) or (12) (release following arrest for breach
of bail conditions).

(5) 15A person may be granted and remain on immigration bail even if the person
can no longer be detained, if—

(a) the person is liable to detention under a provision mentioned in sub-
paragraph (1), or

(b) the Secretary of State is considering whether to make a deportation
20order against the person under section 5(1) of the Immigration Act
1971.

(6) A grant of immigration bail to a person does not prevent the person’s
subsequent detention under a provision mentioned in sub-paragraph (1).

(7) For the purposes of this Schedule a person is on immigration bail from when
25a grant of immigration bail to the person commences to when it ends.

(8) A grant of immigration bail to a person ends when—

(a) in a case where sub-paragraph (5) applied to the person, that sub-
paragraph no longer applies to the person,

(b) the person is granted leave to enter or remain in the United
30Kingdom,

(c) the person is detained under a provision mentioned in sub-
paragraph (1), or

(d) the person is removed from or otherwise leaves the United
Kingdom.

(9) 35This paragraph is subject to paragraph 3 (exercise of power to grant
immigration bail).

Conditions of immigration bail

2 (1) If immigration bail is granted to a person, it must be granted subject to one
or more of the following conditions—

(a) 40a condition requiring the person to appear before the Secretary of
State or the First-tier Tribunal at a specified time and place;

(b) a condition restricting the person’s work, occupation or studies in
the United Kingdom;

(c) a condition about the person’s residence;

(d) 45a condition requiring the person to report to the Secretary of State or
such other person as may be specified;

(e) an electronic monitoring condition (see paragraph 4);

(f) such other conditions as the person granting the immigration bail
thinks fit.

(2) Immigration bail may also be granted subject to a financial condition (see
paragraph 5).

(3) 5Sub-paragraph (4) applies if the First-tier Tribunal grants immigration bail
to a person but—

(a) does not grant it subject to a condition about the person’s residence,
or

(b) does not grant it subject to an electronic monitoring condition.

(4) 10The Secretary of State may impose such a condition on the person.

(5) If the First-tier Tribunal grants bail to a person subject to a condition about
the person’s residence, the Secretary of State may impose a different
condition of that kind on the person in place of the condition imposed by the
Tribunal.

(6) 15In this Schedule “bail condition”, in relation to a person on immigration bail,
means a condition to which the person’s bail is subject.

Exercise of power to grant immigration bail

3 (1) The Secretary of State or the First-tier Tribunal must have regard to the
matters listed in sub-paragraph (2) in determining—

(a) 20whether to grant immigration bail to a person, and

(b) the conditions to which a person’s immigration bail is to be subject.

(2) Those matters are—

(a) the likelihood of the person failing to comply with a bail condition,

(b) whether the person has been convicted of an offence (whether in or
25outside the United Kingdom or before or after the coming into force
of this paragraph),

(c) the likelihood of a person committing an offence while on
immigration bail,

(d) the likelihood of the person’s presence in the United Kingdom, while
30on immigration bail, causing a danger to public health or being a
threat to the maintenance of public order,

(e) whether the person’s detention is necessary in that person’s interests
or for the protection of any other person, and

(f) such other matters as the Secretary of State or the First-tier Tribunal
35thinks relevant.

(3) A person who is being detained under paragraph 16(1) of Schedule 2 to the
Immigration Act 1971 must not be granted immigration bail by the First-tier
Tribunal until after the end of the period of 8 days beginning with the date
of the person’s arrival in the United Kingdom.

(4) 40A person must not be granted immigration bail by the First-tier Tribunal
without the consent of the Secretary of State if—

(a) directions for the removal of the person from the United Kingdom
are for the time being in force, and

(b) the directions require the person to be removed from the United
45Kingdom within the period of 14 days beginning with the date of the
decision on whether the person should be granted immigration bail.