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

63 Fees orders and fees regulations: supplemental

(1) 5A fees order or fees regulations may be made only with the consent of the
Treasury.

(2) A fee under section 62 may relate to something done outside the United
Kingdom.

(3) Fees payable by virtue of section 62 may be recovered as a debt due to the
10Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 62 must—

(a) be paid into the Consolidated Fund, or

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

(5) Section 62 is without prejudice to—

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

64 Power to charge fees for attendance services in particular cases

(1) 20This section applies where a person exercises a function in connection with
immigration or nationality in respect of which a fee is chargeable by virtue of
a fees order (a “chargeable function”) in a particular case and—

(a) in doing so attends at a place outside the United Kingdom, and time,
agreed with a person (“the client”), and

(b) 25does so at the request of the client.

It is immaterial whether or not the client is a person in respect of whom the
chargeable function is exercised.

(2) In this section “attendance service” means the service described in subsection
(1) except so far as it consists of the exercise of a chargeable function.

(3) 30The following are to be disregarded in determining whether a fee is chargeable
in respect of a function by virtue of a fees order—

(a) any exception provided for by a fees order or fees regulations;

(b) any power so provided to waive or refund a fee.

(4) The person exercising the chargeable function may charge the client such fee
35for the purposes of recovering the costs of providing the attendance service as
the person may determine.

(5) Fees paid to the Secretary of State by virtue of this section must be paid into the
Consolidated Fund.

(6) A fee payable by virtue of this section may be recovered as a debt due to the
40Secretary of State.

(7) This section is without prejudice to—

(a) section 62;

(b) section 1 of the Consular Fees Act 1980 (fees for consular acts etc.);

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

(d) any other power to charge a fee.

5Part 7 Final provisions

65 Financial provision

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

(a) expenditure incurred under or by virtue of this Act by the Secretary of
10State, and

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

66 Transitional and consequential provision

(1) The Secretary of State may, by order, make such transitional, transitory or
15saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act.

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

(3) The provision that may be made by an order under subsection (2) includes
20provision amending, repealing or revoking any enactment.

(4) “Enactment” includes—

(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
25the Scottish Parliament;

(c) an 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) 30In section 61(2) of the UK Borders Act 2007 (definition of “the Immigration
Acts”)—

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

(b) at the end of paragraph (i) insert “, and

(j) the Immigration Act 2014.”.

(6) 35Schedule 9 (transitional and consequential provision) has effect.

67 Orders and regulations

(1) Any power of the Secretary of State or Treasury to make an order or
regulations under this Act is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following orders or regulations
40may not be made unless a draft of the instrument has been laid before each

House of Parliament and approved by a resolution of each House of
Parliament—

(a) an order under section 15(7), 18(6) or 20(5);

(b) an order under section 33;

(c) 5regulations under section 36 or an order under section 38;

(d) an order under section 48 or 49(4);

(e) a fees order (within the meaning of section 62);

(f) an order under section 66(2) which amends or repeals primary
legislation.

(3) 10“Primary legislation” means any of the following—

(a) a public general Act;

(b) an Act of the Scottish Parliament;

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

(d) Northern Ireland legislation.

(4) 15A statutory instrument containing any other order or regulations made by the
Secretary of State or Treasury under this Act is subject to annulment in
pursuance of a resolution of either House of Parliament.

(5) But subsection (4) does not apply to a statutory instrument containing an order
under any of sections 30(3), 66(1) and 68(3) (subject to subsection (7)).

(6) 20Subsection (7) applies if an order under section 68(3) is made which—

(a) brings into force a provision of Chapter 1 of Part 3,

(b) brings that provision into force only in relation to a particular area or
areas within England and Wales, Scotland or Northern Ireland, and

(c) is the first order to be made bringing into force a provision of that
25Chapter only in relation to an area or areas within England and Wales,
Scotland or Northern Ireland.

(7) A statutory instrument containing any subsequent order under section 68(3)
(after the order mentioned in subsection (6)) that brings into force a provision
of Chapter 1 of Part 3 for anywhere other than the area or areas mentioned in
30paragraph (b) of that subsection is subject to annulment in pursuance of a
resolution of either House of Parliament.

(8) An order or regulations made by the Secretary of State or Treasury under this
Act may—

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

(b) 35make provision which applies generally or only for particular purposes
or areas,

(c) make transitional, transitory or saving provision, or

(d) make incidental, supplementary or consequential provision.

68 Commencement

(1) 40This Part, other than section 66(6) and Schedule 9, comes into force on the day
on which this Act is passed.

(2) Section 51, section 54 and Schedule 6, and section 57 come into force at the end
of the period of two months beginning with the day on which this Act is
passed.

(3) Subject to subsections (1) and (2), this Act comes into force on such day as the
Secretary of State may by order appoint; and different days may be appointed
for different purposes or areas.

69 Extent

(1) 5This Act extends to England and Wales, Scotland and Northern Ireland.

(2) Subsection (1) is subject to subsection (3).

(3) Section 54 and Schedule 6 extend to England and Wales only.

(4) Subsections (1) to (3) do not apply to an amendment, repeal or revocation made
by this Act.

(5) 10An amendment, repeal or revocation made by this Act has the same extent as
the provision amended, repealed or revoked (ignoring extent by virtue of an
Order in Council).

(6) Her Majesty may by Order in Council provide for any of the provisions of this
Act to extend, with or without modifications, to any of the Channel Islands or
15the Isle of Man.

(7) Subsection (6) does not apply in relation to the extension to a place of a
provision which extends there by virtue of subsection (5).

70 Short title

This Act may be cited as the Immigration Act 2014.

SCHEDULES

Section 2

SCHEDULE 1 Enforcement powers

Power to escort detained persons

1 5In Schedule 2 to the Immigration Act 1971, in paragraph 18(3) (power to
escort detained persons) for the first “or of” substitute “an immigration
officer, or”.

Power to search detained persons

2 (1) In Schedule 2 to the Immigration Act 1971, after paragraph 18 insert—

“18A (1) 10An immigration officer or constable may search a person (“P”)
who is detained under paragraph 16 for anything which P might
use—

(a) to cause physical injury to P or others, or

(b) to assist P’s escape from legal custody.

(2) 15The power to search P—

(a) unless sub-paragraph (3) applies, does not include power
to require P to remove any clothing other than an outer
coat, jacket or glove, but

(b) includes power to require P to open P’s mouth.

(3) 20This sub-paragraph applies if an immigration officer or constable
has reasonable grounds to believe that there is concealed on P
anything which P might use as mentioned in sub-paragraph (1).

(4) The power to search P may be exercised only to the extent
reasonably required for the purpose of discovering anything
25which P might use as mentioned in sub-paragraph (1).

(5) An intimate search (as defined in section 28H(11)) may not be
conducted under this paragraph.

(6) An immigration officer or constable may seize and retain anything
found on a search of P if the officer or constable has reasonable
30grounds to believe P might use it as mentioned in sub-paragraph
(1).

(7) Nothing seized under sub-paragraph (6) may be retained when P
is released from detention under paragraph 16.”

(2) In paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (which applies
35certain provisions of Schedule 2 to that Act), for “, 18” substitute “to 18A”.

(3) In section 10(7) of the Immigration and Asylum Act 1999 (which applies
certain provisions of Schedule 2 to the Immigration Act 1971), for “18”
substitute “18A”.

(4) In section 47(3) of the Immigration, Asylum and Nationality Act 2006 (which
5applies certain provisions of Schedule 2 to the Immigration Act 1971), for
“18” substitute “18A”.

(5) In regulation 22(2) of the Immigration (European Economic Area)
Regulations 2006 (S.I. 2006/1003S.I. 2006/1003) (which applies certain provisions of
Schedule 2 to the Immigration Act 1971), for “18” substitute “18A”.

10Entry and search of premises

3 (1) Paragraph 25A of Schedule 2 to the Immigration Act 1971 (power to enter
premises and search for documents following arrest) is amended as follows.

(2) In sub-paragraph (1)(b) for “by a constable (other than under this Schedule)”
substitute “other than under this Schedule”.

(3) 15After sub-paragraph (6) insert—

“(6A) If, on an application made by an immigration officer, a justice of
the peace is satisfied that—

(a) there are reasonable grounds for believing that relevant
documents may be found on premises not within sub-
20paragraph (2) which are specified in the application, and

(b) any of the conditions in sub-paragraph (6B) is met,

the justice of the peace may issue a warrant authorising an
immigration officer to enter and search the premises.

(6B) The conditions are that—

(a) 25it is not practicable to communicate with any person
entitled to grant entry to the premises;

(b) it is practicable to communicate with a person entitled to
grant entry to the premises but it is not practicable to
communicate with any person entitled to grant access to
30the relevant documents;

(c) entry to the premises will not be granted unless a warrant
is produced;

(d) the purpose of a search may be frustrated or seriously
prejudiced unless an immigration officer arriving at the
35premises can secure immediate entry.

(6C) In the application of sub-paragraph (6A) to Scotland, references to
a justice of the peace are to be treated as references to the sheriff or
a justice of the peace.”

(4) In sub-paragraph (7)—

(a) 40for “sub-paragraph (2)” substitute “this paragraph”;

(b) in paragraph (a) omit “and retain”;

(c) omit paragraph (b) and the “but” before it.

(5) After sub-paragraph (8) insert—

“(8A) An immigration officer may retain a document seized under sub-
paragraph (7) while the officer has reasonable grounds for
believing that—

(a) 5the arrested person may be liable to removal from the
United Kingdom in accordance with a provision of the
Immigration Acts, and

(b) retention of the document may facilitate the person’s
removal.”

4 10In sections 28J(11) and 28K(14) of the Immigration Act 1971 (warrants -
safeguards and execution) after “paragraph 17(2)” insert “or 25A(6A)”.

General power to use reasonable force

5 In section 146(1) of the Immigration and Asylum Act 1999 (power of
immigration officer to use reasonable force when exercising powers under
15certain enactments) for “the 1971 Act or this Act” substitute “the
Immigration Acts”.

Section 8

SCHEDULE 2 Meaning of biometric information

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

1 (1) 20Schedule 2 to the Immigration Act 1971 (entry control) is amended as
follows.

(2) In paragraph 4(5)—

(a) after “provide” insert “biometric”;

(b) omit from “about his external physical characteristics” to the end.

(3) 25After paragraph 4(5) insert—

“(6) Biometric information” has the meaning given by section 15 of
the UK Borders Act 2007.”

(4) In paragraph 18(2A), for “fingerprints” substitute “biometric information
(within the meaning given by section 15 of the UK Borders Act 2007)”.

30Immigration and Asylum Act 1999 (c. 33)Immigration and Asylum Act 1999 (c. 33)

2 (1) Section 144 of the Immigration and Asylum Act 1999 (provision for
collecting physical data other than fingerprints) is amended as follows.

(2) In subsection (1), for “data about external physical characteristics” substitute
“biometric information”.

(3) 35For subsection (2) substitute—

“(2) Biometric information” has the meaning given by section 15 of the
UK Borders Act 2007.”

Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

3 (1) Section 126 of the Nationality, Immigration and Asylum Act 2002 (power to
require provision of physical data with certain immigration applications) is
amended as follows.

(2) 5In subsection (1)—

(a) in paragraph (a), for “information about external physical
characteristics of the applicant” substitute “biometric information”;

(b) in paragraphs (b) and (c), for “information about his external
physical characteristics” substitute “biometric information”.

(3) 10In subsection (4)(a), (b) and (c), before “information” insert “biometric”.

(4) In subsection (9), after the definition of “authorised person” insert—

• ““biometric information” has the meaning given by section 15 of
  the UK Borders Act 2007,”.

(5) In that subsection, omit the definition of “external physical characteristics”
15(and the “and” before it).

4 (1) Section 127 of that Act (voluntary provision of physical data) is amended as
follows.

(2) In subsection (1), for “information about his external physical
characteristics” substitute “biometric information”.

(3) 20In subsection (2)(a) and (b), before “information” insert “biometric”.

(4) In subsection (3)—

(a) after paragraph (a) insert—

“(aa) biometric information”, and”;

(b) omit the “and” at the end of paragraph (b);

(c) 25omit paragraph (c).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

5 In section 35(2) of the Asylum and Immigration (Treatment of Claimants,
etc) Act 2004 (imposition of requirements to facilitate deportation or
removal), for paragraph (c) substitute—

“(c) 30provide biometric information (within the meaning of section
15 of the UK Borders Act 2007), or submit to a process by
means of which such information is obtained or recorded;”.

Section 15

SCHEDULE 3 Excluded residential tenancy agreements

35Social housing

1 (1) An agreement that grants a right of occupation in social housing.

(2) “Social housing” means accommodation provided to a person by virtue of a
relevant provision.

(3) “Relevant provision” means a provision of—

(a) in relation to England and Wales—

(i) Part 2 of the Housing Act 1985, or

(ii) Part 6 or 7 of the Housing Act 1996;

(b) 5in relation to Scotland, Part 1 or 2 of the Housing (Scotland) Act 1987;

(c) in relation to Northern Ireland—

(i) Chapter 4 of Part 2 of the Housing (Northern Ireland) Order
1981 (S.I. 1981/156 (N.I. 3)S.I. 1981/156 (N.I. 3)), or

(ii) Part 2 of the Housing (Northern Ireland) Order 1988 (S.I.
101988/1990 (N.I. 23)).

(4) Accommodation provided to a person by virtue of a relevant provision
includes accommodation provided in pursuance of arrangements made
under any such provision.

2 (1) This paragraph applies for the purposes of paragraph 1.

(2) 15An allocation of housing accommodation by a local housing authority in
England to a person who is already—

(a) a secure or introductory tenant, or

(b) an assured tenant of housing accommodation held by a private
registered provider of social housing or a registered social landlord,

20is to be treated as an allocation of housing accommodation by virtue of Part
6 of the Housing Act 1996 (and accordingly section 159(4A) of that Act is to
be ignored).

(3) An allocation of housing accommodation that falls within a case specified in,
or prescribed under, section 160 of the Housing Act 1996 (cases where
25provisions about allocation under Part 6 of that Act do not apply) is to be
treated as an allocation of housing accommodation by virtue of Part 6 of that
Act (and accordingly that section is to be ignored).

(4) An allocation of housing accommodation by virtue of Part 1 of the Housing
(Scotland) Act 1987 is to be treated as provided by virtue of a relevant
30provision only if it is provided by a local authority within the meaning of
that Act (or in pursuance of arrangements made under or for the purposes
of that Part with a local authority).

(5) Accommodation provided to a person in Northern Ireland by a registered
housing association is to be treated as provided to the person by virtue of a
35relevant provision.

(6) Terms used in sub-paragraphs (2) and (3) have the same meanings as in Part
6 of the Housing Act 1996.

(7) In sub-paragraph (5) “registered housing association” means a housing
association, within the meaning of Part 2 of the Housing (Northern Ireland)
40Order 1992 (S.I. 1992/1725 (N.I. 15)S.I. 1992/1725 (N.I. 15)), that is registered in the register of
housing associations maintained under Article 14 of that Order.

Care homes

3 (1) An agreement that grants a right of occupation in a care home.

(2) “Care home” means—

(a) in relation to England and Wales, an establishment that is a care
home for the purposes of the Care Standards Act 2000;

(b) in relation to Scotland, accommodation that is provided as a care
home service within the meaning of Part 5 of the Public Services
5Reform (Scotland) Act 2010;

(c) in relation to Northern Ireland, an establishment that is a residential
care home, or a nursing home, for the purposes of the Health and
Personal Social Services (Quality, Improvement and Regulation)
(Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)S.I. 2003/431 (N.I. 9)).

10Hospitals and hospices

4 (1) An agreement that grants a right of occupation of accommodation in a
hospital or hospice.

(2) “Hospital”—

(a) in relation to England, has the meaning given in section 275 of the
15National Health Service Act 2006;

(b) in relation to Wales, has the meaning given in section 206 of the
National Health Service (Wales) Act 2006;

(c) in relation to Scotland, has the meaning given in section 108 of the
National Health Service (Scotland) Act 1978;

(d) 20in relation to Northern Ireland, has the meaning given in Article 2(2)
of the Health and Personal Social Services (Northern Ireland) Order
1972 (S.I. 1972/1265 (N.I. 14)S.I. 1972/1265 (N.I. 14)).

(3) “Hospice” means an establishment other than a hospital whose primary
function is the provision of palliative care to persons resident there who are
25suffering from a progressive disease in its final stages.

Other accommodation relating to healthcare provision

5 (1) An agreement—

(a) under which accommodation is provided to a person as a result of a
duty imposed on a relevant NHS body by an enactment, and

(b) 30which is not excluded by another provision of this Schedule.

(2) “Relevant NHS body” means—

(a) in relation to England—

(i) a clinical commissioning group, or

(ii) the National Health Service Commissioning Board;

(b) 35in relation to Wales, a local health board;

(c) in relation to Scotland, a health board constituted by order made
under section 2 of the National Health Service (Scotland) Act 1978;

(d) in relation to Northern Ireland, a Health and Social Services trust.

Hostels and refuges

6 (1) 40An agreement that grants a right of occupation of accommodation in a hostel
or refuge.

(2) “Hostel” means a building which satisfies the following two conditions.