Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 13 — Deployment of the judiciary
Part 5 — Deployment of judges to the Employment Appeal Tribunal
206

7
In section 4(1) (judges of the First-tier Tribunal) after paragraph (c) insert—
“(ca)
is within section 6A,”.
8     (1)
Section 6(1) (certain judges who are also judges of the First-tier Tribunal and
the Upper Tribunal) is amended as follows.
      (2)
Before paragraph (a) insert—
5
“(za)
is the Lord Chief Justice of England and Wales,
(zb)
is the Master of the Rolls,
(zc)
is the President of the Queen’s Bench Division of the High
Court in England and Wales,
(zd)
is the President of the Family Division of the High Court in
10
England and Wales,
(ze)
is the Chancellor of the High Court in England and Wales,”.
      (3)
After paragraph (d) insert—
“(da)
is a deputy judge of the High Court in England and Wales,
(db)
is the Judge Advocate General,”.
15
9
After section 6 insert—
“6A
Certain judges who are also judges of the First-tier Tribunal
A person is within this section (and so, by virtue of section 4(1)(ca),
is a judge of the First-tier Tribunal) if the person—
(a)
is a deputy Circuit judge,
20
(b)
is a Recorder,
(c)
is a person who holds an office listed—
(i)
in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court Masters
etc), or
25
(ii)
in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),
(d)
is a deputy district judge appointed under section 102 of that
Act or section 8 of the County Courts Act 1984,
(e)
is a Deputy District Judge (Magistrates’ Courts), or
30
(f)
is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General).”
Part 5
Deployment of judges to the Employment Appeal Tribunal
35
10    (1)
Section 22 of the Employment Tribunals Act 1996 (membership of
Employment Appeal Tribunal) is amended as follows.
      (2)
In subsection (1)(a) (judges drawn from the judges of the High Court, or
Court of Appeal, in England and Wales) after “Court of Appeal” insert “and
the judges within subsection (2A)”.
40
      (3)
After subsection (2) insert—
“(2A)
A person is a judge within this subsection if the person—
(a)
is the Senior President of Tribunals,

Crime and Courts Bill [HL]
Schedule 13 — Deployment of the judiciary
Part 6 — Deployment of judges to the employment tribunals
207

(b)
is a deputy judge of the High Court,
(c)
is the Judge Advocate General,
(d)
is a Circuit judge,
(e)
is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
5
tier Tribunal,
(f)
is a judge of the Upper Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,
(g)
is a transferred-in judge of the Upper Tribunal (see section
10
31(2) of that Act),
(h)
is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3, or section 31(2), of that Act),
(i)
is a district judge, which here does not include a deputy
district judge, or
15
(j)
is a District Judge (Magistrates’ Courts), which here does not
include a Deputy District Judge (Magistrates’ Courts).”
      (4)
In subsection (4) (judge’s consent required to nomination to Appeal
Tribunal) after “Appeal Tribunal” insert “under subsection (1)(b)”.
Part 6
20
Deployment of judges to the employment tribunals
11    (1)
Section 5D of the Employment Tribunals Act 1996 (judicial assistance) is
amended as follows.
      (2)
In subsection (2)(d)(ii) (appropriate consent required) after “(see subsection
(3))” insert “except where the relevant judge is the Lord Chief Justice of
25
England and Wales”.
      (3)
In subsection (3)(a) (consent required for deployment of judges of courts in
England and Wales)—
(a)
in sub-paragraph (i) at the beginning insert “the Master of the Rolls
or”,
30
(b)
after sub-paragraph (i) insert—
“(ia)
within subsection (4)(b)(ia),”, and
(c)
omit the “or” after sub-paragraph (iv), and after sub-paragraph (v)
insert “, or
(vi)
within subsection (4)(b)(x) to (xvi);”.
35
      (4)
In subsection (4)(a) (relevant tribunal judges) omit the “or” at the end of sub-
paragraph (v), and after paragraph (vi) insert “, or
(vii)
is the Senior President of Tribunals;”.
      (5)
In subsection (4)(b) (relevant judges) in sub-paragraph (i) after “is” insert
“the Lord Chief Justice of England and Wales, the Master of the Rolls or”.
40
      (6)
In subsection (4)(b) after sub-paragraph (i) insert—
“(ia)
is the President of the Queen’s Bench Division or
Family Division, or the Chancellor, of the High Court
in England and Wales,”.
      (7)
In subsection (4)(b) omit the “or” at the end of sub-paragraph (viii), and after
45

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 1 — General
208

sub-paragraph (ix) insert—
“(x)
is a deputy judge of the High Court in England and
Wales,
(xi)
is a Recorder,
(xii)
is a Deputy District Judge (Magistrates’ Courts),
5
(xiii)
is a deputy district judge appointed under section 8 of
the County Courts Act 1984 or section 102 of the
Senior Courts Act 1981,
(xiv)
holds an office listed in the first column of the table in
section 89(3C) of the Senior Courts Act 1981 (senior
10
High Court Masters etc),
(xv)
holds an office listed in column 1 of Part 2 of Schedule
2 to that Act (High Court Masters etc), or
(xvi)
is the Judge Advocate General or a person appointed
under section 30(1)(a) or (b) of the Courts-Martial
15
(Appeals) Act 1951 (assistants to the Judge Advocate
General).”
Schedule 14
Section 26

Powers of immigration officers: further provision
Part 1
20
General
Police Act 1997
1
The Police Act 1997 is amended as follows.
2     (1)
Section 93 (authorisations to interfere with property etc) is amended in
accordance with this paragraph.
25
      (2)
In subsection (1B), after “Customs” insert “, an immigration officer”.
      (3)
In subsection (3)—
(a)
in paragraph (d), omit the final “or”;
(b)
after paragraph (d) insert—
“(da)
if the authorising officer is within subsection (5)(ha),
30
by an immigration officer;”.
      (4)
In subsection (4)—
(a)
in the words after paragraph (b), for “it” substitute “the conduct”;
(b)
after “1979” insert “or, where the authorising officer is within
subsection (5)(ha), any of the offences is an immigration or
35
nationality offence”.
      (5)
In subsection (5)(h), omit “or”.
      (6)
After subsection (6B), insert—
“(6C)
For the purposes of this section, an offence is an immigration or
nationality offence if conduct constituting the offence—
40

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 1 — General
209

(a)
relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b)
is undertaken for the purposes of, or otherwise in relation to,
5
any of these enactments—
(i)
the British Nationality Act 1981;
(ii)
the Hong Kong Act 1985;
(iii)
the Hong Kong (War Wives and Widows) Act 1996;
(iv)
the British Nationality (Hong Kong) Act 1997;
10
(v)
the British Overseas Territories Act 2002;
(vi)
an instrument made under any of those Acts.”.
3
In section 94 (authorisations given in absence of authorising officer), in
subsection (2), after paragraph (f) insert—
“(fa)
where the authorising officer is within paragraph (ha) of that
15
subsection, by a senior official (within the meaning of the
Regulation of Investigatory Powers Act 2000) in the
department of the Secretary of State by whom functions
relating to immigration are exercisable who is designated by
the Secretary of State for the purposes of this section;”.
20
4
In section 107 (supplementary provisions relating to Commissioners), in
subsection (4), after paragraph (c) insert—
“(d)
the functions of the Secretary of State relating to
immigration.”.
Regulation of Investigatory Powers Act 2000
25
5
The Regulation of Investigatory Powers Act 2000 is amended as follows.
6
In section 32(6) (authorisation of intrusive surveillance: senior authorising
officers), in paragraph (m), omit the final “and”.
7     (1)
Section 33 (rules for grant of authorisations) is amended in accordance with
this paragraph.
30
      (2)
After subsection (4) insert—
“(4ZA)
A senior official who is a senior authorising officer by virtue of a
designation by the Secretary of State under section 32(6)(ma) shall
not grant an authorisation for the carrying out of intrusive
surveillance except on an application made by an immigration
35
officer.”.
      (3)
In subsection (5)(a), after “Customs” insert “, an immigration officer”.
8     (1)
Section 34 (grant of authorisations in the senior officer’s absence) is
amended in accordance with this paragraph.
      (2)
In subsection (1)(a), after “Customs” insert “or an immigration officer”.
40
      (3)
In subsection (2)(a), after “Customs” insert “or the Secretary of State”.
      (4)
In subsection (4), after paragraph (l) insert—
“(la)
a person is entitled to act for a person who is a senior
authorising officer by virtue of a designation under section

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 1 — General
210

32(6)(ma), if the person is a senior official in the department
of the Secretary of State by whom functions relating to
immigration are exercisable who is designated for the
purposes of this paragraph by the Secretary of State as a
person entitled so to act in an urgent case;”.
5
9     (1)
Section 35 (notification of authorisations for intrusive surveillance) is
amended in accordance with this paragraph.
      (2)
In subsection (1), after “Customs” insert “, immigration”.
      (3)
In subsection (10)—
(a)
in the words before paragraphs (a) to (c), after “Customs” insert “,
10
immigration”;
(b)
in paragraph (b), for “by the Commissioners for Her Majesty’s
Revenue and Customs” substitute “under section 32(6)(m) or (ma)”.
10    (1)
Section 36 (approval required for authorisations to take effect) is amended
in accordance with this paragraph.
15
      (2)
In subsection (1)—
(a)
in paragraph (d) omit “or”;
(b)
after paragraph (d) insert—
“(da)
an immigration officer; or”.
      (3)
In subsection (6)—
20
(a)
in paragraph (g) omit the final “and”;
(b)
after paragraph (g) insert—
“(ga)
where the authorisation was granted by a senior
official designated under section 32(6)(ma) or entitled
to act for such an official under section 34(4)(la), the
25
senior official designated under section 32(6)(ma);
and”.
11
In section 37 (quashing of authorisations), in subsection (1)—
(a)
in paragraph (d) omit “or”;
(b)
after paragraph (d) insert—
30
“(da)
an immigration officer; or”.
12
In section 40 (information to be provided to Surveillance Commissioners), in
subsection (1)—
(a)
in paragraph (d) omit the final “and”;
(b)
after paragraph (d) insert—
35
“(da)
every immigration officer and every other official in
the department of the Secretary of State by whom
functions relating to immigration are exercisable,
and”.
13
In section 46 (restrictions on authorisations extending to Scotland), in
40
subsection (3)—
(a)
in paragraph (e) omit the final “and”;
(b)
after paragraph (e) insert—
“(ea)
the department of the Secretary of State by whom
functions relating to immigration are exercisable;
45
and”.

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 1 — General
211

Proceeds of Crime Act 2002
14
The Proceeds of Crime Act 2002 is amended as follows.
15
In section 41A (restraint orders: power to retain seized property etc), in
subsection (3), after paragraph (c) insert—
“(ca)
an immigration officer;”.
5
16    (1)
Section 47C (power to seize property) is amended in accordance with this
paragraph.
      (2)
Subsection (6) is amended as follows—
(a)
after paragraph (a) insert—
“(aa)
where applicable, in accordance with subsection (6A)
10
or (6B).”;
(b)
for “(b)  is exercisable” substitute—
“(6A)
The power conferred by this section is exercisable”.
      (3)
After subsection (6A) insert—
“(6B)
The power conferred by this section is exercisable by an immigration
15
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—
(a)
relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
20
conditions or other controls on any such entitlement), or
(b)
is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.
      (4)
After subsection (7) insert—
“(8)
“Relevant nationality enactment” means any enactment in—
25
(a)
the British Nationality Act 1981,
(b)
the Hong Kong Act 1985,
(c)
the Hong Kong (War Wives and Widows) Act 1996,
(d)
the British Nationality (Hong Kong) Act 1997,
(e)
the British Overseas Territories Act 2002, or
30
(f)
an instrument made under any of those Acts.”.
17
In section 47G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—
“(aa)
in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
35
Secretary of State as equivalent to that of a senior police
officer,”.
18
In section 47M (further detention in other cases), in subsection (3), after
paragraph (a) insert—
“(aa)
an immigration officer;”.
40
19
In section 72 (serious default), in subsection (9), after paragraph (e) insert—
“(ea)
if the person in default was an immigration officer, the
compensation is payable by the Secretary of State;”.
20
In section 120A (restraint orders: power to retain seized property etc), in

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 1 — General
212

subsection (3), after paragraph (b) insert—
“(ba)
an immigration officer;”.
21    (1)
Section 127C (power to seize property) is amended in accordance with this
paragraph.
      (2)
Subsection (6) is amended as follows—
5
(a)
after paragraph (a) insert—
“(aa)
where applicable, in accordance with subsection (6A)
or (6B).”;
(b)
for “(b)  is exercisable” substitute—
“(6A)
The power conferred by this section is exercisable”.
10
      (3)
After subsection (6A) insert—
“(6B)
The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—
(a)
relates to the entitlement of one or more persons who are not
15
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b)
is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.
20
      (4)
After subsection (7) insert—
“(8)
“Relevant nationality enactment” means any enactment in—
(a)
the British Nationality Act 1981,
(b)
the Hong Kong Act 1985,
(c)
the Hong Kong (War Wives and Widows) Act 1996,
25
(d)
the British Nationality (Hong Kong) Act 1997,
(e)
the British Overseas Territories Act 2002, or
(f)
an instrument made under any of those Acts.”.
22
In section 127G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—
30
“(aa)
in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
Secretary of State as equivalent to that of a senior police
officer,”.
23
In section 127M (further detention in other cases: Scotland), in subsection (3),
35
after paragraph (a) insert—
“(aa)
an immigration officer;”.
24
In section 190A (restraint orders: power to retain seized property), in
subsection (3), after paragraph (c) insert—
“(ca)
an immigration officer;”.
40
25    (1)
Section 195C (power to seize property) is amended in accordance with this
paragraph.
      (2)
Subsection (6) is amended as follows—