Immigration Bill (HC Bill 96)

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(2) Paragraph 1 also applies to a dependant of a person to
whom that paragraph applies by virtue of sub-paragraph
(1).

(3) A person is a “transitionally-supported person” if—

(a) 5accommodation is provided for the person by
virtue of section 4 of the Immigration and Asylum
Act 1999 as that section has effect by virtue of
paragraph 44 of Schedule 8 to the Immigration Act
2016, or

(b) 10support is provided for the person under section 95
of the Immigration and Asylum Act 1999 by virtue
of section 94(5) of that Act, as that provision has
effect by virtue of paragraph 45 of that Schedule.

(4) For the purpose of sub-paragraph (1)(d), if the Secretary of
15State sends a copy of a certificate by first class post to a
person’s last known address, the person is treated as
receiving the copy on the second day after the day on
which it was posted.

(5) The Secretary of State may by regulations vary the period
20specified in sub-paragraph (1)(d).”, and

(b) in paragraph 14 (information), references to paragraph 7 included a
reference to the paragraph 7C treated as inserted by this Schedule.

Section 38

SCHEDULE 9 Availability of local authority support

1 25Schedule 3 to the Nationality, Immigration and Asylum Act 2002
(withholding and withdrawal of support) is amended as follows.

2 (1) Paragraph 1 (ineligibility for support) is amended as follows.

(2) In sub-paragraph (1) (excluded support or assistance) after paragraph (g)
insert—

(ga) 30in relation only to a person to whom this paragraph
applies by virtue of paragraph 7B—

(i) section 23CZA of that Act (arrangements for
certain former relevant children to continue to live
with former foster parents), or

(ii) 35regulations under section 23D of that Act (personal
advisers),”.

(3) After sub-paragraph (2) insert—

(2A) In the case of the provisions referred to in sub-paragraph (1)(ga),
sub-paragraph (2) applies only in relation to a person to whom
40this paragraph applies by virtue of paragraph 7B.”

3 (1) Paragraph 2(1) (exceptions) is amended as follows.

(2) In paragraph (c) for “or 10” substitute “, 10, 10A or 10B”.

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(3) After the “or” at the end of paragraph (c) insert—

(ca) under section 95A or 98A of the Immigration and Asylum
Act 1999 (support for failed asylum-seekers etc), or”.

4 After paragraph 3 insert—

3A 5Notwithstanding paragraph 3, paragraph 1(1)(g) prevents a local
authority in England from providing support or assistance under
section 17 of the Children Act 1989 to a person in respect of a child
if —

(a) the support or assistance is of a type that could be
10provided to the person by virtue of paragraph 10A (see
paragraph 10A(7)), and

(b) support is being provided to the person by virtue of
paragraph 10A or there are reasonable grounds for
believing that support will be provided to the person by
15virtue of that paragraph.

3B Notwithstanding paragraph 3, paragraph 1(1)(g) prevents a local
authority in England from providing support or assistance under
section 23C, 23CA, 24A or 24B of the Children Act 1989 to a person
if—

(a) 20support is being provided to the person by virtue of
paragraph 10B or section 95A of the Immigration and
Asylum Act 1999, or

(b) there are reasonable grounds for believing that support
will be provided to the person by virtue of that paragraph
25or section.

3C Notwithstanding paragraph 3, paragraph 1(1)(ga) prevents a local
authority in England from providing support or assistance under
a provision mentioned in paragraph (ga) to a person if—

(a) support is being provided to the person by virtue of
30paragraph 10B or section 95A of the Immigration and
Asylum Act 1999, or

(b) there are reasonable grounds for believing that support
will be provided to the person by virtue of that paragraph
or section.”

5 35In paragraph 6 (third class of ineligible person: failed asylum-seeker), in sub-
paragraph (1), in the words before sub-paragraph (a), after “person” insert
“in Wales, Scotland or Northern Ireland”.

6 In paragraph 7 (fourth class of ineligible person: person unlawfully in
United Kingdom), in the words before sub-paragraph (a), after “person”
40insert “in Wales, Scotland or Northern Ireland”.

7 Before paragraph 8 insert—

“Sixth class of ineligible person: person in England without leave to enter or remain

7B (1) Paragraph 1 applies to a person in England if—

(a) under the Immigration Act 1971, he requires leave to enter
45or remain in the United Kingdom but does not have it, and

(b) he is not an asylum-seeker.

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(2) Paragraph 1 also applies to a dependant of a person to whom that
paragraph applies by virtue of sub-paragraph (1).”

8 After paragraph 10 insert—

“Accommodation and subsistence etc: England

10A (1) 5The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a person
to whom paragraph 1 applies by virtue of paragraph 7B(1) and—

(a) who is destitute,

(b) who has with him a dependent child,

(c) 10to whom section 95A of the Immigration and Asylum Act
1999 does not apply, and

(d) in relation to whom condition A, B, C or D is satisfied.

(2) Condition A is that—

(a) the person has made an application for leave to enter or
15remain in the United Kingdom and has not withdrawn the
application,

(b) where regulations under this paragraph require that the
application must be of a kind specified in the regulations
for this condition to be satisfied, the application is of that
20kind, and

(c) the application has not been determined.

(3) Condition B is that—

(a) the person has appealed under section 82(1), and

(b) the appeal is pending within the meaning of section 104.

(4) 25Condition C is that—

(a) the person’s appeal rights are exhausted, and

(b) he has not failed to cooperate with arrangements that
would enable him to leave the United Kingdom.

(5) Condition D is that the provision of support is necessary to
30safeguard and promote the welfare of a dependent child.

(6) Arrangements for a person by virtue of this paragraph may
include arrangements for a dependant.

(7) The support that may be provided under arrangements by virtue
of this paragraph may take the form of—

(a) 35accommodation;

(b) subsistence in kind, or cash or vouchers to pay for
subsistence.

(8) Subsections (3) to (8) of section 95 of the Immigration and Asylum
Act 1999 (meaning of “destitute”) apply for the purposes of this
40paragraph as they apply for the purposes of that section.

(9) For the purposes of sub-paragraph (2) regulations under this
paragraph may provide for circumstances in which—

(a) a person is to be treated as having made an application for
leave to enter or remain in the United Kingdom (despite
45not having made one);

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(b) a person is to be treated as not having made such an
application where the Secretary of State is satisfied that the
application made is vexatious or wholly without merit.

(10) For the purposes of sub-paragraph (4) a person’s appeal rights are
5exhausted at the time when—

(a) he could not bring an appeal under section 82 (ignoring
any possibility of an appeal out of time with permission),
and

(b) no appeal brought by him is pending within the meaning
10of section 104.

10B (1) The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a person
to whom paragraph 1 applies by virtue of paragraph 7B(1) and—

(a) who is a former relevant child within the meaning of
15section 23C of the Children Act 1989,

(b) to whom section 95A of the Immigration and Asylum Act
1999 does not apply, and

(c) in relation to whom condition A, B or C is satisfied.

(2) Condition A is that—

(a) 20the person is destitute,

(b) the person has made an application for leave to enter or
remain in the United Kingdom and has not withdrawn the
application,

(c) where regulations under this paragraph require that the
25application must be of a kind specified in the regulations
for this condition to be satisfied, the application is of that
kind, and

(d) the application has not been determined.

(3) Condition B is that—

(a) 30the person is destitute,

(b) the person has appealed under section 82(1), and

(c) the appeal is pending within the meaning of section 104.

(4) Condition C is that—

(a) the person’s appeal rights are exhausted, and

(b) 35a person specified in regulations under this paragraph is
satisfied that support needs to be provided to the person.

(5) The support that may be provided under arrangements by virtue
of this paragraph may, in particular, take the form of—

(a) accommodation;

(b) 40subsistence in kind, or cash or vouchers to pay for
subsistence.

(6) Subsections (3) to (8) of section 95 of the Immigration and Asylum
Act 1999 (meaning of “destitute”) apply for the purposes of this
paragraph as they apply for the purposes of that section.

(7) 45For the purposes of sub-paragraph (2) regulations under this
paragraph may provide for circumstances in which—

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(a) a person is to be treated as having made an application for
leave to enter or remain in the United Kingdom (despite
not having made one);

(b) a person is to be treated as not having made such an
5application where the Secretary of State is satisfied that the
application made is vexatious or wholly without merit.

(8) For the purposes of sub-paragraph (4) a person’s appeal rights are
exhausted at the time when—

(a) he could not bring an appeal under section 82 (ignoring
10any possibility of an appeal out of time with permission),
and

(b) no appeal brought by him is pending within the meaning
of section 104.”

9 In paragraph 11 (assistance and accommodation: general), in the words
15before sub-paragraph (a), for “or 10” substitute “, 10, 10A or 10B”.

10 In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for “or 10”
substitute “, 10, 10A or 10B”.

11 In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as
substituted by paragraph 25(8)(b) of Schedule 8) substitute “, 7 or 7B”.

Section 39

20SCHEDULE 10 Penalties relating to airport control areas

1 This is the Part 1A of Schedule 2 to the Immigration Act 1971 referred to in
section 39(2)—

“Part 1A 25Penalty for breach of paragraph 26(2) or (3)

28 Penalty for breach of paragraph 26(2) or (3)

(1) Sub-paragraph (2) applies where the Secretary of State has given
written notice under paragraph 26(2) to the owner or agent of an
aircraft—

(a) 30designating a control area for the embarkation or
disembarkation of passengers in an airport in the United
Kingdom, and

(b) specifying conditions or restrictions to be observed in the
control area.

(2) 35The Secretary of State may impose a penalty on the owner or agent
if the owner or agent fails to take all reasonable steps to secure
that—

(a) passengers embarking on or disembarking from the
aircraft at the airport do not embark or disembark at the
40airport outside the control area, or

(b) the conditions or restrictions specified in the notice are
observed.

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(3) Sub-paragraph (4) applies where the Secretary of State has given
written notice under paragraph 26(3) to a person concerned with
the management of an airport in the United Kingdom—

(a) designating a control area in the airport, and

(b) 5specifying conditions or restrictions to be observed in the
control area.

(4) The Secretary of State may impose a penalty on the person if the
person fails to take all reasonable steps to secure that the
conditions or restrictions specified in the notice are observed.

(5) 10The Secretary of State may impose a separate penalty under sub-
paragraph (2) or (4) in respect of each failure of the kind
mentioned in that sub-paragraph.

(6) The amount of a penalty imposed under sub-paragraph (2) or (4)
may be such an amount as the Secretary of State considers
15appropriate; but the amount of each penalty must not exceed the
prescribed maximum.

28A Codes of practice

(1) The Secretary of State must issue a code of practice to be followed
by—

(a) 20agents and operators of aircraft to whom notices under
paragraph 26(2) have been given, and

(b) persons concerned with the management of airports in the
United Kingdom to whom notices under paragraph 26(3)
have been given.

(2) 25The Secretary of State must have regard to the code (in addition to
any other matters the Secretary of State thinks relevant)—

(a) when deciding whether to impose a penalty under
paragraph 28, and

(b) when considering a notice of objection under paragraph
3028C.

(3) The Secretary of State must issue a code of practice specifying
matters to be considered in determining the amount of a penalty
under paragraph 28.

(4) The Secretary of State must have regard to the code (in addition to
35any other matters the Secretary of State thinks relevant)—

(a) when imposing a penalty under paragraph 28, and

(b) when considering a notice of objection under paragraph
28C.

(5) Before issuing a code under this paragraph the Secretary of State
40must lay the code before Parliament.

(6) A code under this paragraph comes into force in accordance with
provision made by regulations made by the Secretary of State.

(7) The Secretary of State may from time to time review a code under
this paragraph and may revise and re-issue it following a review.

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(8) References in sub-paragraphs (5) and (6) to a code include a
revised code.

28B Penalty notices

(1) If the Secretary of State decides that a person is liable to a penalty
5under paragraph 28, the Secretary of State must notify the person
of that decision.

(2) A notice under sub-paragraph (1) (a “penalty notice”) must—

(a) be in writing,

(b) state why the Secretary of State thinks the recipient is liable
10to the penalty,

(c) state the amount of the penalty,

(d) specify the date on which the penalty notice is given,

(e) specify the date, at least 28 days after the date specified in
the notice as the date on which it is given, before which the
15penalty must be paid,

(f) specify how the penalty must be paid,

(g) include an explanation of the steps that the person may
take if the person objects to the penalty (including
specifying the manner and form in which any notice of
20objection must be given to the Secretary of State), and

(h) include an explanation of the steps the Secretary of State
may take to recover any unpaid penalty.

28C Objections

(1) The recipient of a penalty notice (“the recipient”) may object to the
25penalty notice by giving a notice of objection to the Secretary of
State.

(2) A notice of objection must—

(a) be in writing,

(b) give the reasons for the objection,

(c) 30be given in the manner and form specified in the penalty
notice, and

(d) be given before the end of the period of 28 days beginning
with the date specified in the penalty notice as the date on
which it is given.

(3) 35Where the Secretary of State receives a notice of objection, the
Secretary of State must consider it and—

(a) cancel the penalty,

(b) reduce the penalty,

(c) increase the penalty, or

(d) 40determine not to alter the penalty.

(4) After reaching a decision as to how to proceed under sub-
paragraph (3), the Secretary of State must notify the recipient of
the decision in writing.

(5) A notification under sub-paragraph (4) must be given before the
45end of the period of 70 days beginning with the date specified in

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the penalty notice as the date on which it is given, or such longer
period as the Secretary of State may agree with the recipient.

(6) A notification under sub-paragraph (4), other than one notifying
the recipient that the Secretary of State has decided to cancel the
5penalty, must—

(a) state the amount of the penalty following the Secretary of
State’s consideration of the notice of objection,

(b) state the Secretary of State’s reasons for the decision under
sub-paragraph (3),

(c) 10specify the date, at least 28 days after the date on which the
notification is given, before which the penalty must be
paid,

(d) specify how the penalty must be paid,

(e) include an explanation of the recipient’s rights of appeal,
15and

(f) include an explanation of the steps the Secretary of State
may take to recover any unpaid penalty.

28D Appeals

(1) A person (“the appellant”) may appeal to the court against a
20decision to require the person to pay a penalty under paragraph
28.

(2) An appeal may be brought only if the appellant has given a notice
of objection and the Secretary of State has—

(a) reduced the penalty under paragraph 28C(3)(b),

(b) 25increased the penalty under paragraph 28C(3)(c), or

(c) determined not to alter the penalty under paragraph
28C(3)(d).

(3) An appeal must be brought within the period of 28 days beginning
with the date on which the appellant is notified of the Secretary of
30State’s decision on the notice of objection under paragraph 28C(4).

(4) On appeal, the court may—

(a) allow the appeal and cancel the penalty,

(b) allow the appeal and reduce the penalty, or

(c) dismiss the appeal.

(5) 35An appeal is to be a re-hearing of the Secretary of State’s decision
to impose a penalty and is to be determined having regard to—

(a) any code of practice under paragraph 28A(1) which had
effect at the time of the events to which the penalty relates,

(b) any code of practice under paragraph 28A(3) which has
40effect at the time of the appeal, and

(c) any other matters which the court thinks relevant (which
may include matters of which the Secretary of State was
unaware).

(6) Sub-paragraph (5) has effect despite any provision of rules of
45court.

(7) In this paragraph “the court” means—

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(a) the county court, if the appeal relates to a penalty imposed
under paragraph 28 in relation to an airport in England
and Wales;

(b) the sheriff, if the appeal relates to a penalty imposed under
5paragraph 28 in relation to an airport in Scotland;

(c) a county court in Northern Ireland, if the appeal relates to
a penalty imposed under paragraph 28 in relation to an
airport in Northern Ireland.

(8) But—

(a) 10the county court in England and Wales, or a county court
in Northern Ireland, may transfer proceedings under this
paragraph to the High Court, and

(b) the sheriff may transfer proceedings under this paragraph
to the Court of Session.

28E 15Enforcement

(1) This section applies where a sum is payable to the Secretary of
State as a penalty under paragraph 28.

(2) In England and Wales the penalty is recoverable as if it were
payable under an order of the county court in England and Wales.

(3) 20In Scotland the penalty may be enforced in the same manner as an
extract registered decree arbitral bearing a warrant for execution
issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland the penalty is recoverable as if it were payable
under an order of a county court in Northern Ireland.

(5) 25Where action is taken under this paragraph for the recovery of a
sum payable as a penalty under this Chapter, the penalty is—

(a) in relation to England and Wales, to be treated for the
purposes of section 98 of the Courts Act 2003 (register of
judgments and orders etc) as if it were a judgment entered
30in the county court;

(b) in relation to Northern Ireland, to be treated for the
purposes of Article 116 of the Judgments Enforcement
(Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)S.I. 1981/226 (N.I. 6))
(register of judgments) as if it were a judgment in respect
35of which an application has been accepted under Article 22
or 23(1) of that Order.

(6) Money paid to the Secretary of State by way of a penalty under
paragraph 28 must be paid into the Consolidated Fund.

28F Service of documents

(1) 40A document which is to be issued or served on a person outside
the United Kingdom for the purposes of paragraph 28B or 28C or
in the course of proceedings under paragraph 28E may be issued
or served—

(a) in person,

(b) 45by post,

(c) by facsimile transmission,

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(d) by e-mail, or

(e) in any other prescribed manner.

(2) The Secretary of State may by regulations provide that a document
issued or served in a manner listed in sub-paragraph (1) in
5accordance with the regulations is to be taken to have been
received at a time specified by or determined in accordance with
the regulations.

28G Interpretation of this Part of this Schedule

In this Part of this Schedule—

  • 10“penalty notice” has the meaning given by paragraph 28B(2);

  • “prescribed” means prescribed by regulations made by the
    Secretary of State.

28H Regulations under this Part of this Schedule

(1) Regulations under this Part of this Schedule are to be made by
15statutory instrument.

(2) A statutory instrument containing regulations under this Part of
this Schedule is subject to annulment in pursuance of a resolution
of either House of Parliament.

(3) Regulations under this Part of this Schedule—

(a) 20may make different provision for different purposes;

(b) may make incidental, supplementary, consequential,
transitional, transitory or saving provision.”

Section 40

SCHEDULE 11 Maritime enforcement

1 25The Immigration Act 1971 is amended as follows.

2 In section 25(1) (offence of assisting unlawful immigration to member State),
in paragraphs (a) and (b) after “breach” insert “or attempted breach”.

3 In section 25A (helping an asylum-seeker to enter United Kingdom) in
subsection (1)(a)—

(a) 30after “arrival” insert “or attempted arrival”, and

(b) after “entry” insert “or attempted entry”.

4 In section 25B (assisting entry to United Kingdom in breach of deportation
or exclusion order)—

(a) in subsection (1), in paragraphs (a) and (b) after “breach” insert “or
35attempted breach”,

(b) for subsection (2) substitute—

(2) Subsection (3) applies where the Secretary of State has made
an order excluding an individual from the United Kingdom
on the grounds of public policy, public security or public
40health, other than a temporary exclusion order.”,