Immigration Bill (HL Bill 96)

Inspections

6 After paragraph 4 of Schedule 5 insert—

“Inspections

4A The Commissioner may carry out inspections of the activities and
5businesses of registered persons.”

Complaints and investigations

7 (1) For section 89(2) (powers of Tribunal on hearing charge against registered
person) substitute—

“(2) Subsections (2A) and (2B) apply if the person charged was, at the
10time to which the charge relates, a registered person or a person
acting on behalf of a registered person.

(2A) If the registered person mentioned in subsection (2) is still registered,
the First-tier Tribunal may direct the Commissioner—

(a) to record the charge and the First-tier Tribunal’s decision on
15it for consideration in connection with that person’s next
application for continued registration;

(b) to cancel that person’s registration.

(2B) If the registered person mentioned in subsection (2) is no longer
registered, the First-tier Tribunal may direct the Commissioner to
20record the charge and the First-tier Tribunal’s decision on it for
consideration in connection with any application by that person for
registration.”

(2) In paragraph 5(3) of Schedule 5 (complaints which may be investigated by
Commissioner)—

(a) 25before paragraph (a) insert—

“(za) the competence or fitness to provide immigration
advice or immigration services of a person who, at
the time to which the complaint relates, was a
registered person,”;

(b) 30in paragraph (a) for “a person” substitute “any other person”;

(c) after paragraph (a) insert—

“(aa) the competence or fitness of a person who, at the
time to which the complaint relates, was acting on
behalf of a registered person,”;

(d) 35in paragraph (b) for the first “a person” substitute “any other
person”;

(e) in paragraph (d) for “a person to whom they apply” substitute “a
person who, at the time to which the complaint relates, was a
registered person or a person acting on behalf of a registered
40person”.

(3) For paragraph 9(1)(a) of that Schedule (Commissioner’s powers on
determining a complaint) substitute—

“(a) if the person to whom the complaint relates was at the time
to which the complaint relates—

(i) 45a registered person, or

(ii) a person acting on behalf of a registered person,

record the complaint and the decision on it to be
considered in connection with the next relevant
application;”.

(4) 5After paragraph 9(1) insert—

“(1A) In sub-paragraph (1)(a) “relevant application” means—

(a) if the registered person referred to in that sub-paragraph is
still registered, an application by that person for continued
registration, and

(b) 10otherwise, an application by that person for registration.”

(5) For paragraph 9(4) substitute—

“(4) Relevant person” means—

(a) a person who, at the time to which the charge relates, was
providing immigration advice or immigration services
15and was—

(i) a registered person, or

(ii) a person acting on behalf of a registered person;

(b) a person providing immigration advice or immigration
services who is—

(i) 20a person to whom section 84(4)(d) applies, or

(ii) a person employed by, or working under the
supervision of, such a person.”

Power of entry and inspection

8 (1) Omit paragraph 7 of Schedule 5 (and the cross-heading before it).

(2) 25After paragraph 10 of that Schedule insert—

“Power of entry and inspection

10A (1) On an application made by the Commissioner a justice of the
peace (or in Scotland, the sheriff) may issue a warrant authorising
the Commissioner to enter premises.

(2) 30A justice of the peace or sheriff may issue a warrant in respect of
premises if satisfied that there are reasonable grounds for
believing that—

(a) the premises are being used, or have been used, in
connection with the provision of immigration advice or
35immigration services by a registered person,

(b) entry to the premises is reasonably required for the
exercise of any of the Commissioner’s functions, and

(c) entry to the premises may be prevented or delayed unless
a warrant is produced.

(3) 40The Commissioner may enter premises by virtue of this paragraph
only at a reasonable hour.

(4) Where the Commissioner enters premises by virtue of this
paragraph the Commissioner may—

(a) take onto the premises any equipment that appears to the
Commissioner to be necessary;

(b) require any person on the premises to produce any
relevant document and, if the document is produced, to
5provide any explanation of it;

(c) require any person on the premises to state, to the best of
the person’s knowledge and belief, where any relevant
document is to be found;

(d) take copies of, or extracts from, any relevant document on
10the premises which is produced;

(e) require any relevant information which is held in a
computer and is accessible from the premises to be
produced in a form—

(i) in which it can be taken away; and

(ii) 15in which it is visible and legible.

(5) For the purposes of sub-paragraph (4), a document or information
is “relevant” if the document or information relates to any matter
connected with the provision of immigration advice or
immigration services.

(6) 20The powers conferred on the Commissioner by sub-paragraphs (1)
to (5) may also be exercised by—

(a) a member of the Commissioner’s staff authorised by the
Commissioner in writing, and

(b) if the Commissioner so determines, a person appointed by
25the Commissioner to make a report on the provision of
immigration advice or immigration services from the
premises in question.

(7) If a registered person fails without reasonable excuse to allow
access under this paragraph to any premises under the person’s
30occupation or control, the Commissioner may cancel the person’s
registration.

(8) The Commissioner may also cancel the registration of a registered
person who—

(a) without reasonable excuse fails to comply with a
35requirement imposed under sub-paragraph (4);

(b) intentionally delays or obstructs any person exercising
functions under this paragraph; or

(c) fails to take reasonable steps to prevent an employee of the
registered person from obstructing any person exercising
40such functions.

(9) In this paragraph “premises” includes premises used wholly or
partly as a dwelling.”

Section 65

SCHEDULE 8 Embarkation checks

Part 1 Functions exercisable by designated persons

5Introduction

1 Schedule 2 to the Immigration Act 1971 (administrative provisions as to
control on entry etc) is amended in accordance with this Part of this
Schedule.

Examinations by designated person

2 (1) 10Paragraph 3 is amended as follows.

(2) In sub-paragraph (1), after “immigration officer” insert “or designated
person”.

(3) For sub-paragraph (1A) substitute—

“(1A) If a person is examined under sub-paragraph (1) (whether by an
15immigration officer or designated person), an immigration officer
may require the person, by notice in writing, to submit to further
examination by the immigration officer for a purpose specified in
that sub-paragraph.”.

Information and documents

3 (1) 20Paragraph 4 is amended as follows.

(2) In sub-paragraph (1), for “his functions” substitute “that or any other
person’s functions”.

(3) In sub-paragraph (2)—

(a) for “shall, if so required by the immigration officer” substitute “, or
25on his examination under paragraph 3 above by a designated person,
shall, if so required by an immigration officer or designated person”;

(b) in paragraph (b), for “the immigration officer” substitute “the
immigration officer or designated person”;

(c) in the words after paragraph (b), for “the immigration officer”
30substitute “the immigration officer or designated person”.

(4) In sub-paragraph (3), for the words from “the immigration officer” to the
second “officer” substitute “an immigration officer or a person acting under
the directions of an immigration officer”.

(5) In sub-paragraph (4), in the words before paragraph (a)—

(a) 35for “produced or found” substitute “produced to or found by an
immigration officer”;

(b) for “an immigration officer” substitute “, the immigration officer”.

(6) After sub-paragraph (4) insert—

“(4A) Where a passport or other document is produced to a designated
person in accordance with this paragraph, the designated
person—

(a) 5may examine it and detain it; and

(b) must deliver any detained passport or document to an
immigration officer as soon as reasonably practicable.

(4B) If a passport or document is delivered to an immigration officer in
accordance with sub-paragraph (4A)(b), sub-paragraph (4)
10applies as if the immigration officer had detained the document
(and, accordingly, the immigration officer may continue to detain
it in accordance with sub-paragraph (4)(a), (b) or (c)).”.

(7) In sub-paragraph (5), after “examination” insert “, or any immigration officer
or designated person,”.

15Embarkation cards

4 (1) Paragraph 5 is amended in accordance with sub-paragraphs (2) and (3).

(2) For “requiring passengers” substitute “requiring—

(a) passengers”.

(3) For “cards in such form” substitute “cards, and

(b) 20passengers embarking in the United Kingdom, or any class
of such passengers, to produce to a designated person, if so
required, embarkation cards,

in such form”.

Designations

5 25After paragraph 5 insert—

“Designated persons

5A (1) In this Schedule “designated person” means a person designated
by the Secretary of State for the purposes of this Schedule.

(2) A designation under this paragraph is subject to such limitations
30as may be specified in the designation.

(3) A limitation under sub-paragraph (2) may, in particular, relate to
the functions that are exercisable by virtue of the designation (and,
accordingly, the exercise of functions under this Schedule by a
designated person is subject to any such limitations specified in
35the person’s designation).

(4) A designation under this paragraph—

(a) may be permanent or for a specified period,

(b) may (in either case) be withdrawn, and

(c) may be varied.

(5) The power to designate, or to withdraw or vary a designation, is
exercised by the Secretary of State giving notice to the person in
question.

(6) The Secretary of State may designate a person under this
5paragraph only if the Secretary of State is satisfied that the
person—

(a) is capable of effectively carrying out the functions that are
exercisable by virtue of the designation,

(b) has received adequate training in respect of the exercise of
10those functions, and

(c) is otherwise a suitable person to exercise those functions.”.

Directions to carriers and operators of ports

6 After paragraph 5A (inserted by paragraph 5 above) insert—

“Directions to carriers and operators of ports etc

5B (1) 15The Secretary of State may direct—

(a) an owner or agent of a ship or aircraft, or

(b) a person concerned in the management of a port,

to make arrangements for designated persons to exercise a
specified function, or a function of a specified description, in
20relation to persons of a specified description.

(2) A direction under this paragraph must specify—

(a) the port where, and

(b) the date (or dates) and time (or times) when,

a function is to be exercised under the arrangements.

(3) 25A direction under this paragraph must be in writing.

(4) A direction under this paragraph may specify a description of
persons by reference, in particular, to—

(a) the destination to which persons are travelling;

(b) the route by which persons are travelling;

(c) 30the date and time when the persons are travelling.

(5) In this paragraph—

• “function” means a function under this Schedule;

• “specified” means specified in a direction under this
  paragraph.”.

35Part 2 Other provision

Offences

7 (1) Section 27 of the Immigration Act 1971 (offences by persons connected with
ships or aircraft or with ports) is amended as follows.

(2) 40In paragraph (b)—

(a) after sub-paragraph (iii) insert—

“(iiia) he fails, without reasonable excuse, to
comply with a direction under paragraph
5B of Schedule 2; or”;

(3) After paragraph (c) insert—

“(ca) if as a person concerned in the management of a port he
fails, without reasonable excuse, to comply with a
10direction under paragraph 5B of Schedule 2.”.

Section 70

SCHEDULE 9 Transitional and consequential provision

Part 1 Provision relating to removal

15Immigration Act 1971 (c. 77)Immigration Act 1971 (c. 77)

1 In Schedule 2 to the Immigration Act 1971 (administrative provisions as to
control on entry etc), in paragraph 11, after “immigration officer” insert “or
the Secretary of State”.

Special Immigration Appeals Commission Act 1997 (c. 68)1997 (c. 68)

2 20In section 2 of the Special Immigration Appeals Commission Act 1997
(jurisdiction: appeals), in subsection (2), after paragraph (c) insert—

“(ca) section 78A of that Act (restriction on removal of children
and their parents),”.

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

3 (1) 25The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 62 (detention by Secretary of State)—

(a) in subsection (1)—

(i) in paragraph (a), after “under” insert “section 10 of the
Immigration and Asylum Act 1999 (removal of persons
30unlawfully in the United Kingdom) or”;

(ii) in paragraph (b), for “paragraphs” substitute “provisions”;

(b) in subsection (2), for “that Act” substitute “the Immigration Act
1971”;

(c) omit subsections (5) and (6).

(3) 35In section 76 (revocation of leave to enter or remain)—

(a) in subsection (2), omit paragraphs (b) and (c);

(b) in subsection (4), omit the definition of “removed”.

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

4 In section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc)
Act 2004 (claimant’s credibility; definitions), in paragraph (d) of the
definition of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.

5Immigration, Asylum and Nationality Act 2006 (c. 13)Immigration, Asylum and Nationality Act 2006 (c. 13)

5 In the Immigration, Asylum and Nationality Act 2006, section 47 (removal
of persons with statutorily extended leave) is repealed.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)

6 In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
102012 (civil legal services), in paragraph 19(10), in the definition of “removal
directions”, omit paragraph (e).

Consequential repeals

7 The provisions shown in the table below are repealed in consequence of the
amendments made by section 1 and this Part of this Schedule.

25Part 2 Provision relating to detention and bail

Prison Act 1952 (c. 52)1952 (c. 52)

8 (1) Section 5A of the Prison Act 1952 (appointment and functions of Her
Majesty’s Chief Inspector of Prisons) is amended as follows.

(2) 30In subsection (5A)—

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

(b) after paragraph (b) insert—

“(ba) in relation to pre-departure accommodation within
the meaning of that section, and”.

(3) 35In subsection (5B)—

(a) in paragraph (a), after “facilities” insert “, accommodation”;

(b) in paragraph (b)(i), after “facilities” insert “, pre-departure
accommodation”.

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

9 In Schedule 3 to the Immigration Act 1971 (supplementary provisions as to
deportation), in paragraph 3, for “33” substitute “33A”.

Special Immigration Appeals Commission Act 1997 (c. 68)Special Immigration Appeals Commission Act 1997 (c. 68)

10 (1) 5The Special Immigration Appeals Commission Act 1997 is amended as
follows.

(2) In section 5 (procedure in relation to SIAC’s jurisdiction on appeals and
bail), after subsection (5) insert—

“(5A) Rules under this section must secure that, where the Commission has
10decided not to release a person on bail under paragraph 22 or 29 of
Schedule 2 to the Immigration Act 1971, the Commission is required
to dismiss any further application by the person for release on bail
that is made during the period of 28 days starting with the date of the
Commission’s decision, unless there has been a material change in
15circumstances.”

(3) In Schedule 3 (bail: modifications of Schedule 2 to the Immigration Act
1971), in paragraph 4, after sub-paragraph (1) insert—

“(1A) In sub-paragraph (1) after “2002” there shall be inserted “or section
2 of the Special Immigration Appeals Commission Act 1997 or a
20review pending under section 2E of that Act”.

Northern Ireland Act 1998 (c. 47)1998 (c. 47)

11 In section 69C of the Northern Ireland Act 1998 (investigations: places of
detention), in subsection (3)(g), for “or short-term holding facility” substitute
“, a short-term holding facility or pre-departure accommodation”.

25Immigration and Asylum Act 1999 (c. 33)1999 (c. 33)

12 (1) The Immigration and Asylum Act 1999 is amended as follows.

(2) In Schedule 11 (detainee custody officers)—

(a) in the heading above paragraph 3, at the end insert “and pre-
departure accommodation”;

(b) 30in paragraph 3—

(i) in sub-paragraph (1), after “facility” insert “or in pre-
departure accommodation”;

(ii) in sub-paragraph (2), after “facility” (in both places) insert “or
accommodation”;

(c) 35in paragraph 4(c), after “facility” insert “or in pre-departure
accommodation”;

(d) in paragraph 5(c), after “facility” insert “or in pre-departure
accommodation”.

(3) In Schedule 12 (discipline etc at removal centres)—

(a) 40in paragraph 4 (assisting detained persons to escape)—

(i) in sub-paragraph (1), for “or short-term holding facility”
substitute “, a short-term holding facility or pre-departure
accommodation”;

(ii) in the opening words of sub-paragraph (2), for “or short-term
holding facility” substitute “, a short-term holding facility or
pre-departure accommodation”;

(iii) in sub-paragraph (2)(a), for “or facility” substitute “, facility
5or accommodation”;

(iv) in sub-paragraph (2)(b), for “or facility” substitute “, facility
or accommodation”;

(v) in sub-paragraph (2)(c), for “or facility” substitute “, facility
or accommodation”;

(b) 10in paragraph 8 (notice of penalties)—

(i) in sub-paragraph (1), after “facility” insert “or contracted out
pre-departure accommodation”;

(ii) in sub-paragraph (2), after “facility” insert “or pre-departure
accommodation”.

15Nationality, Immigration and Asylum Act 2002 (c. 41)2002 (c. 41)

13 In section 62 of the Nationality, Immigration and Asylum Act 2002
(detention by Secretary of State), in subsection (3), after paragraph (a)
insert—

“(aa) a reference in paragraph 18B of that Schedule to an
20immigration officer shall be read as a reference to the
Secretary of State,”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)2006 (c. 47)

14 In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable
adults), in subsection (7)(d), after “facility” insert “or in pre-departure
25accommodation”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)2007 (c. 19)

15 In section 2 of the Corporate Manslaughter and Corporate Homicide Act
2007 (meaning of “relevant duty of care”)—

(a) in subsection (2)(b), for “or short-term holding facility” substitute “,
30a short-term holding facility or in pre-departure accommodation”;

(b) in subsection (7), for “and “short-term holding facility”” substitute “,
“short-term holding facility” and “pre-departure accommodation””.

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

16 In section 48 of the UK Borders Act 2007 (establishment of border and
35immigration inspectorate), in subsection (2A)(a), after “facilities” insert “and
in pre-departure accommodation”.

Part 3 Provision relating to biometrics

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

17 (1) 40The Immigration and Asylum Act 1999 is amended as follows.

(2) Section 143 (destruction of fingerprints) is repealed.