Immigration Bill (HC Bill 96)

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

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

(3) After subsection (1) insert—

(1A) 5The premises referred to in subsection (1) above are—

(a) one or more sets of premises specified in the application, 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
10warrant”).

(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
15person 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
20controls 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) 25If 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) 30In 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
35warrant, 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;
40and”.

(3) After subsection (2) insert—

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

(a) if the application relates to one or more sets of premises
45specified in the application, each set of premises which it is
desired to enter and search;

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(b) if 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) 5the person who is in occupation or control of those
premises 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) 10why it is not reasonably practicable to specify all the
premises 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) 15If it specifies that it authorises multiple entries, it must also specify
whether 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
20premises warrant) the person who is in occupation or control
of 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) 25Two copies must be made of a warrant which specifies only one set
of 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) 30“All premises warrant” means a warrant issued in response to an
application of the kind mentioned in section 24E(6)(b), 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 24E(8), 28D(1C) or
3528FB(1C) or paragraph 25A(6AC) of Schedule 2.”

5 (1) Section 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) 40the execution of the warrant, and

(b) the seizure or detention 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) 45In subsection (3) for “one month” substitute “three months”.

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(4) After subsection (3) insert—

(3A) If 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
5authorised them to be entered.

(3B) No premises may be entered or searched for the second or any
subsequent 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) 10In subsection (4)(a) after “and” insert “, if not in uniform,”.

(6) After subsection (8) insert—

(8A) Unless 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) 15Subject to subsection (8C), a warrant must be returned in accordance
with subsection (9)—

(a) when it has been executed, or

(b) in the case of a specific premises warrant which has not been
executed, an all premises warrant or any warrant authorising
20multiple entries, on the expiry of the period of three months
referred to in subsection (3) or sooner.

(8C) Subsection (8B) does not apply to a warrant issued by a justice of the
peace in Scotland or by the sheriff if the warrant has been executed.”

(7) In subsection (9) for the words from “A warrant” to “its execution,”
25substitute “The warrant”.

(8) After subsection (13) insert—

(13A) In subsection (8B)—

  • “specific premises warrant” means a warrant which is not an all
    premises warrant;

  • 30“all premises warrant” means a warrant issued in response to an
    application of the kind mentioned in section 24E(6)(b),
    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
35entries is to a warrant of the kind mentioned in section 24E(8),
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) 40for “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
specified in the application.”

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(3) After sub-paragraph (6A) insert—

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

(a) one or more sets of premises specified in the application, 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”).

(6AB) 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 relevant 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.

(6AC) 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.

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

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

(5) 25In sub-paragraph (6C) for “sub-paragraph (6A)” substitute “sub-paragraphs
(6A) to (6AC)”.

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

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

(2) 30In subsection (2)—

(a) in paragraph (b) for “specified in the application” substitute
“mentioned in subsection (2A)”, and

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

(3) 35After 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, or

(b) any premises occupied or controlled by a person specified in
the application, including such sets of premises as are so
40specified (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) that there are reasonable grounds for believing that it is
45necessary to search premises occupied or controlled by the

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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
application all the premises which the person occupies or
5controls 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
achieve the purpose for which the justice issues the warrant.

(2D) 10If 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 6 Duty to supply nationality documents to Secretary of State: persons to whom
15duty applies

1 This is the new Schedule A1 to the Immigration and Asylum Act 1999
referred to in section 29—

Section 20A

“Schedule A1 Persons to whom section 20A applies

Law enforcement

1 20The chief officer of police for a police area in England and Wales.

2 The chief constable of the Police Service of Scotland.

3 The Chief Constable of the Police Service of Northern Ireland.

4 The Chief Constable of the British Transport Police Force.

5 A Port Police Force established under an order made under
25section 14 of the Harbours Act 1964.

6 The Port Police Force established under Part 10 of the Port of
London Act 1968.

7 A Port Police Force established under section 79 of the Harbours,
Docks and Piers Clauses Act 1847.

8 30The National Crime Agency.

Local government

9 A county council or district council in England.

10 A London borough council.

11 The Greater London Authority.

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12 The Common Council of the City of London in its capacity as a
local authority.

13 The Council of the Isles of Scilly.

14 A county council or a county borough council in Wales.

15 5A council constituted under section 2 of the Local Government etc
(Scotland) Act 1994.

16 A district council in Northern Ireland.

Regulatory bodies

17 The Gangmasters Licensing Authority.

18 10The Security Industry Authority.

Health bodies

19 An NHS trust established under section 25 of the National Health
Service Act 2006 or under section 18 of the National Health Service
(Wales) Act 2006.

20 15An NHS foundation trust within the meaning given by section 30
of the National Health Service Act 2006.

21 A Local Health Board established under section 11 of the National
Health Service (Wales) Act 2006.

22 A National Health Service Trust established under section 12A of
20the National Health Service (Scotland) Act 1978.

23 A Health and Social Care trust established under Article 10 of the
Health and Personal Social Services (Northern Ireland) Order 1991
(SI 1991/194 (NI 1)SI 1991/194 (NI 1)).

Registration officials

24 25The Registrar General for England and Wales.

25 A superintendent registrar of births, deaths and marriages.

26 A registrar of births, deaths and marriages.

27 A civil partnership registrar within the meaning of Chapter 1 of
Part 2 of the Civil Partnership Act 2004 (see section 29 of that Act).

28 30The Registrar General for Scotland.

29 A district registrar within the meaning of section 7 of the
Registration of Births, Deaths and Marriages (Scotland) Act 1965.

30 A senior registrar within the meaning of that section.

31 An assistant registrar within the meaning of that section.

32 35The Registrar General for Northern Ireland.

33 A person appointed under Article 31(1) or (3) of the Marriage
(Northern Ireland) Order 2003 (SI 2003/413 (NI 3)SI 2003/413 (NI 3)).

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34 A person appointed under section 152(1) or (3) of the Civil
Partnership Act 2004.

Other bodies: Northern Ireland

35 The Northern Ireland Housing Executive.”

Section 32

5SCHEDULE 7 Immigration bail

Part 1 Main provisions

Power to grant immigration bail

1 (1) 10The Secretary of State may grant a person bail if—

(a) the 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
15Schedule 3 to that Act (detention pending deportation),

(c) the 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
20Act 2007 (detention pending deportation).

(2) The 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) 25the person is being detained under paragraph 16(1), (1A) or (2) of
Schedule 2 to the Immigration Act 1971,

(b) the 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,
30Immigration and Asylum Act 2002, or

(d) the person is being detained under section 36(1) of the UK Borders
Act 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
35(1) to (3) or under paragraph 8(12) or (13) (release following arrest for breach
of bail conditions).

(5) A 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-
40paragraph (1), or

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(b) the Secretary of State is considering whether to make a deportation
order 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
5subsequent detention under a provision mentioned in sub-paragraph (1).

(7) For the purposes of this Schedule a person is on immigration bail from when
a 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-
10paragraph no longer applies to the person,

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

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

(d) 15the person is removed from or otherwise leaves the United
Kingdom.

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

Conditions of immigration bail

2 (1) 20If immigration bail is granted to a person, it must be granted subject to one
or more of the following conditions—

(a) a 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
25the United Kingdom;

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

(d) a 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) 30such 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) Sub-paragraph (4) applies if the First-tier Tribunal grants immigration bail
35to 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) The Secretary of State may impose such a condition on the person.

(5) 40If 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) In this Schedule “bail condition”, in relation to a person on immigration bail,
45means a condition to which the person’s bail is subject.

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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) whether to grant immigration bail to a person, and

(b) 5the 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
outside the United Kingdom or before or after the coming into force
10of 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
on immigration bail, causing a danger to public health or being a
15threat 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
thinks relevant.

(3) 20A 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) A person must not be granted immigration bail by the First-tier Tribunal
25without 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
Kingdom within the period of 14 days beginning with the date of the
30decision on whether the person should be granted immigration bail.

(5) If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse
to grant, immigration bail to a person, the Secretary of State or the Tribunal
must give the person notice of the decision.

(6) Where the First-tier Tribunal is required under sub-paragraph (5) to a give a
35person notice of a decision, it must also give the Secretary of State notice of
the decision.

(7) Where the decision is to grant immigration bail, a notice under sub-
paragraph (5) or (6) must state—

(a) when the grant of immigration bail commences, and

(b) 40the bail conditions.

(8) The commencement of a grant of immigration bail may be specified to be
conditional on arrangements specified in the notice being in place to ensure
that the person is able to comply with the bail conditions.

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Electronic monitoring condition

4 (1) In this Schedule an “electronic monitoring condition” means a condition
requiring the person on whom it is imposed (“P”) to co-operate with such
arrangements as the Secretary of State may specify for detecting and
5recording by electronic means one or more of the following—

(a) P’s location at specified times, during specified periods of time or
while the arrangements are in place;

(b) P’s presence in a location at specified times, during specified periods
of time or while the arrangements are in place;

(c) 10P’s absence from a location at specified times, during specified
periods of time or while the arrangements are in place.

(2) The arrangements may in particular—

(a) require P to wear a device;

(b) require P to make specified use of a device;

(c) 15require P to communicate in a specified manner and at specified
times or during specified periods;

(d) involve the exercise of functions by persons other than the Secretary
of State or the First-tier Tribunal.

(3) If the arrangements require P to wear, or make specified use of, a device they
20must—

(a) prohibit P from causing or permitting damage to, or interference
with the device, and

(b) prohibit P from taking or permitting action that would or might
prevent the effective operation of the device.

(4) 25In this paragraph “specified” means specified in the arrangements.

(5) An electronic monitoring condition may not be imposed on a person unless
the person is at least 18 years old.

Financial condition

5 (1) In this Schedule “a financial condition” means a condition requiring the
30payment of a sum of money by the person to whom immigration bail is
granted (“P”) or another person, in a case where P fails to comply with
another condition to which P’s immigration bail is subject.

(2) A financial condition may be imposed on P only if the person imposing the
condition thinks that it would be appropriate to do so with a view to
35ensuring that P complies with the other bail conditions.

(3) The financial condition must specify—

(a) the sum of money required to be paid,

(b) when it is to be paid, and

(c) the form and manner in which it is to be paid.

(4) 40A sum to be paid under a financial condition is to be paid to the person who
granted the immigration bail, subject to sub-paragraph (5).

(5) If the First-tier Tribunal has directed that the power in paragraph 6(1)
(power to vary bail conditions) is to be exercisable by the Secretary of State
in relation to P, the sum is to be paid to the Secretary of State.