Immigration Bill (HC Bill 96)

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36 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5to the Immigration Act 2014 is repealed.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

37 Support for certain categories of migrant

15Schedule 8 (support for certain categories of migrant) has effect.

38 Availability of local authority support

Schedule 9 (availability of local authority support) has effect.

Part 6 Border security

39 20Penalties relating to airport control areas

(1) In paragraph 26 of Schedule 2 to the Immigration Act 1971 (supplementary
duties 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
25the imposition of a penalty for certain breaches of sub-paragraph (2)
or (3).”

(2) In that Schedule after Part 1 insert the Part 1A set out in Schedule 10.

40 Maritime enforcement

Schedule 11 (maritime enforcement) has effect.

41 30Persons excluded from the United Kingdom under international obligations

(1) In section 8 of the Immigration Act 1971 (exceptions for seamen, aircrews and
other 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)

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insert—

(4) References in this section to a person who ceases to be exempt do not
include 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
5international 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) 10Any 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) 15In 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
20contrary 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
25that 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).

30Part 7 Language requirements for public sector workers

42 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) 35In determining how to comply with subsection (1), a public authority must
have regard to the code of practice under section 45 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
40subsection (1) and for the consideration of such complaints.

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(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
45 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
5works—

(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
10Regulations 2010 (SI 2010/93SI 2010/93) in respect of whom the public authority
is the hirer within the meaning of those regulations,

(e) for 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) 15has the meaning given by section 191(3) of the Employment Rights Act
1996, and

(b) includes 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) 20References 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
speak 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
25performance of the person’s role.

(9) This section applies in relation to a person who is working in a customer-facing
role 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
30wholly or mainly outside the United Kingdom.

43 Meaning of “public authority”

(1) Subject 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
35this subsection, the person would be a public authority for those purposes
merely because the person exercises functions on behalf of another public
authority.

(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
40to a reserved matter.

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

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

(a) the Security Service;

(b) 45the Secret Intelligence Service;

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(c) the Government Communications Headquarters.

(6) The 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.

44 5Power to expand meaning of person working for public authority

(1) The relevant Minister may by regulations amend section 42 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) In subsection (1) “contractor”, in relation to a public authority, means a person
10who—

(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) is not a public authority.

(3) 15For 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) under a contract to do work personally with the contractor, or

(d) 20as 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.

45 Duty to issue codes of practice

(1) The relevant Minister must issue a code or codes of practice for the purposes
25of section 42.

(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) the action available to such a public authority where such a person does
30not 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 42(1) and for the consideration of such complaints;

(d) how the public authority is to comply with its other legal obligations as
35well as complying with the duty in section 42(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
English.

(4) 40A code of practice may make provision in relation to—

(a) all public authorities,

(b) particular descriptions of public authority, or

(c) particular public authorities.

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(5) But 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
5public authority.

46 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
10code 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) 15The 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.

47 Application of Part to Wales

(1) Subsection (2) makes provision about the application of this Part in relation
20to—

(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
25be read as references to English or Welsh.

(3) Those provisions are—

(a) section 42(1), (7) and (8), and

(b) section 45(2)(a) and (3).

48 Interpretation of Part

30In 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 43;

  • “relevant Minister” means the Secretary of State or the Chancellor of the
    35Duchy of Lancaster.

49 Crown application

This Part binds the Crown.

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Part 8 Fees and charges

Immigration

50 Immigration skills charge

(1) 5The Immigration Act 2014 is amended as follows.

(2) After section 70 insert—

70A Immigration skills charge

(1) The Secretary of State may by regulations provide for a charge to be
imposed on—

(a) 10persons who make immigration skills arrangements, or

(b) any description of such persons.

(2) “Immigration skills arrangements” are arrangements made by a person
(“the sponsor”) with the Secretary of State with a view to securing that
an individual who is not exempt for the purposes of this section is
15granted entry clearance or leave to remain in the United Kingdom to
enable the individual to work for the sponsor in the United Kingdom.

(3) Regulations under this section may in particular—

(a) impose a separate charge on a sponsor in respect of each
individual in relation to whom the sponsor makes immigration
20skills arrangements;

(b) specify the amount of any charge (and different amounts may
be specified for different purposes);

(c) make provision about when or how a charge may or must be
paid to the Secretary of State;

(d) 25make provision about the consequences of a sponsor failing to
pay a charge;

(e) provide for exemptions from a charge;

(f) provide for the reduction, waiver or refund of part or all of a
charge (whether by conferring a discretion or otherwise).

(4) 30Sums paid by virtue of regulations under this section must—

(a) be paid into the Consolidated Fund, or

(b) be applied in such other way as the regulations may specify.

(5) Regulations under this section may be made only with the consent of
the Treasury.

(6) 35An individual is exempt for the purposes of this section if he or she is—

(a) a British citizen;

(b) a national of an EEA State other than the United Kingdom;

(c) a national of Switzerland;

(d) otherwise entitled to enter or remain in the United Kingdom by
40virtue of an enforceable EU right or of any provision made
under section 2(2) of the European Communities Act 1972.

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(7) In this section “entry clearance” has the meaning given by section 33(1)
of the Immigration Act 1971.”

(3) In section 74(2) (orders and regulations which are subject to affirmative
resolution procedure) after paragraph (j) insert—

(ja) 5regulations under section 70A;”.

Passports and civil registration

51 Power to make passport fees regulations

(1) The Secretary of State may by regulations provide for fees to be charged in
respect of the exercise by the Secretary of State of such functions in connection
10with applications for the issue of a passport or other travel document as may
be specified.

(2) Regulations under subsection (1) are referred to in this section and section 52
as “passport fees regulations”.

(3) Passport fees regulations must provide for the fee in respect of the exercise of
15each specified function to comprise one or more amounts each of which is—

(a) a specified fixed amount, or

(b) an amount calculated by reference to a specified hourly rate or other
specified factor.

(4) Provision made under subsection (3) may be intended to result in a fee in
20respect of a specified function which exceeds the costs of exercising the
function.

(5) In specifying the amount of any fee, or hourly rate or other factor, the Secretary
of State may have regard only to the costs of exercising—

(a) the function;

(b) 25any other function of the Secretary of State in connection with United
Kingdom passports or other UK travel documents;

(c) any consular function.

This is subject to section 52(5).

(6) In respect of any fee provided for under this section, passport fees regulations
30may—

(a) provide for exceptions;

(b) provide for the reduction, waiver or refund of part or all of a fee
(whether by conferring a discretion or otherwise);

(c) make provision about—

(i) 35the consequences of failure to pay a fee;

(ii) enforcement;

(iii) when a fee may or must be paid.

(7) In this section—

  • “consular function” means—

    (a)

    40any of the functions described in Article 5 of the Vienna
    Convention on Consular Relations set out in Schedule 1 to the
    Consular Relations Act 1968;

    (b)

    any function in the United Kingdom which corresponds to a
    function mentioned in paragraph (a);

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    in each case regardless of whether the function is exercised by a
    consular officer or by another person authorised by the Secretary of
    State;

  • “costs” includes—

    (a)

    5the costs of the Secretary of State, and

    (b)

    the costs of any other person (whether or not funded from
    public money);

  • “function” includes a power or a duty;

  • “specified” means specified in passport fees regulations;

  • 10“travel document” means a document which enables or facilitates travel
    from one state to another and a “UK travel document” means such a
    document issued by the Secretary of State;

  • “United Kingdom passport” has the same meaning as in the Immigration
    Act 1971 (see section 33 of that Act).

(8) 15Any reference in this section to the exercise of a function includes a reference
to its exercise in particular circumstances, including its exercise—

(a) at particular times or in a particular place;

(b) under particular arrangements;

(c) otherwise in particular ways,

20and, for this purpose, “arrangements” includes arrangements for the
convenience of applicants or persons making requests for the exercise of a
function.

52 Passport fees regulations: supplemental

(1) Passport fees regulations may be made only with the consent of the Treasury.

(2) 25A fee under section 51 may relate to something done outside the United
Kingdom.

(3) Fees payable by virtue of section 51 may be recovered as a debt due to the
Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 51 must be—

(a) 30paid into the Consolidated Fund, or

(b) applied in such other way as passport fees regulations may specify.

(5) Section 51 is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) section 102 of the Finance (No 2) Act 1987 (government fees and
35charges), or

(c) any other power to charge a fee.

53 Power to charge for passport validation services

(1) The Secretary of State may charge a fee in respect of the provision of passport
validation services to persons on request.

(2) 40“Passport validation services” are services in connection with confirming the
validity of United Kingdom passports or the accuracy of the information
contained in them which are provided for the purpose of preventing or
detecting crime.

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(3) In this section “United Kingdom passport” has the same meaning as in the
Immigration Act 1971 (see section 33 of that Act).

(4) A fee payable under this section may be recovered as a debt due to the
Secretary of State.

(5) 5Fees paid to the Secretary of State under this section must be—

(a) paid into the Consolidated Fund, or

(b) applied in such other way as the Secretary of State may by regulations
specify.

(6) Regulations under subsection (5) may be made only with the consent of the
10Treasury.

(7) This section is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) section 102 of the Finance (No 2) Act 1987 (government fees and
charges), or

(c) 15any other power to charge a fee.

54 Civil registration fees

(1) Schedule 12 (civil registration fees) has effect.

(2) In that Schedule—

(a) Part 1 amends enactments about civil registration in connection with
20powers to make regulations for the charging of fees, and

(b) Part 2 makes consequential and related amendments.

Part 9 Final provisions

55 Financial provisions

25The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, a person holding office under Her Majesty or a
government department, and

(b) any increase attributable to the Act in the sums payable under any
30other Act out of money so provided.

56 Transitional and consequential provision

(1) The Secretary of State may by regulations make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act.

(2) 35The Secretary of State may by regulations make such provision as the Secretary
of State considers appropriate in consequence of this Act.

(3) The provision that may be made by regulations under subsection (2) includes
provision amending, repealing or revoking any enactment.

(4) “Enactment” includes—

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(a) an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament;

(c) 5an enactment contained in, or in an instrument made under, a Measure
or Act of the National Assembly for Wales;

(d) an enactment contained in, or in an instrument made under, Northern
Ireland legislation.

(5) In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration
10Acts”)—

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

(b) at the end of paragraph (j) insert , and

(k) the Immigration Act 2016.”

57 Regulations

(1) 15Regulations made by the Secretary of State or the Chancellor of the Duchy of
Lancaster under this Act are to be made by statutory instrument.

(2) A statutory instrument containing any of the following regulations may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament—

(a) 20regulations under section 3 which amend or repeal any provision of
section 2, 4, 5, 6 or 7,

(b) regulations under section 10(2),

(c) regulations under section 11(2),

(d) regulations under section 16(1) or (2),

(e) 25regulations under section 43(6),

(f) regulations under section 44(1),

(g) passport fees regulations within the meaning of section 51 which
include provision specifying functions as mentioned in subsection (1)
of that section,

(h) 30regulations under section 56(2) which amend or repeal primary
legislation,

(i) regulations under paragraph 1(12) of Schedule 3, and

(j) regulations under paragraph 2(7) of that Schedule.

(3) Primary legislation means any of the following—

(a) 35an Act of Parliament;

(b) an Act of the Scottish Parliament;

(c) a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

(4) A statutory instrument containing any other regulations made by the Secretary
40of State or the Chancellor of the Duchy of Lancaster under this Act is subject to
annulment in pursuance of a resolution of either House of Parliament.

(5) Subsection (4) does not apply to regulations under section 56(1) or 58(1).

(6) Regulations made by the Secretary of State or the Chancellor of the Duchy of
Lancaster under this Act—

(a) 45may make different provision for different purposes or areas,