Immigration Bill (HL Bill 96)

Part 8 Provision relating to immigration advisers and immigration service providers

Transitional provision

67 (1) On the day on which paragraph 2 of Schedule 7 comes into force the
5Immigration Services Commissioner must register in the register
maintained under section 85(1) of the Immigration and Asylum Act 1999
each person who, immediately before that day, was an exempt person
(within the meaning given by section 84(4)(a) of that Act).

(2) The registration of a person by reason of sub-paragraph (1) may be made so
10as to have effect only in relation to a specified field of advice or services.

68 (1) In the provisions listed in sub-paragraph (2)—

(a) references to a person who, at the time to which a charge or (as the
case may be) a complaint relates, was a registered person do not
include a person who ceased to be a registered person before the day
15on which paragraph 7 of Schedule 7 comes into force;

(b) references to a person who, at the time to which a charge or (as the
case may be) a complaint relates, was acting on behalf of a registered
person do not include—

(i) a person who ceased to act on behalf of a registered person
20before that day;

(ii) a person who was acting on behalf of a person who ceased to
be a registered person before that day.

(2) The provisions are—

(a) section 89(2) to (2B) of the Immigration and Asylum Act 1999;

(b) 25paragraph 5(3)(za), (aa) and (d) of Schedule 5 to that Act;

(c) paragraph 9(1)(a), (1A) and (4)(a) of Schedule 5 to that Act.

69 (1) The provisions listed in paragraph 53(2) (apart from paragraph 5(3)(d) of
Schedule 5 to the Immigration and Asylum Act 1999) apply in relation to a
person who—

(a) 30was an exempt person immediately before the day on which
paragraph 2 of Schedule 7 comes into force, and

(b) became a registered person on that day by virtue of paragraph 67(1),

as if, while the person was an exempt person, the person had been a
registered person.

(2) 35In paragraph 10A(2)(a) of Schedule 5 to the Immigration and Asylum Act
1999, the reference to premises which have been used in connection with the
provision of immigration advice or immigration services by a registered
person includes premises which have been so used by an exempt person.

(3) In this paragraph “exempt person” has the meaning given by section 84(4)(a)
40of the Immigration and Asylum Act 1999.

Part 9 Provision relating to embarkation checks

Transitional provision

70 (1) Any order or direction under paragraph 5 of Schedule 2 to the Immigration
5Act 1971 that has effect immediately before commencement has, after
commencement, the same effect in relation to the production of embarkation
cards to designated persons as it has in relation to the production of such
cards to immigration officers.

(2) This paragraph is subject to the exercise, after commencement, of the powers
10under paragraph 5 of Schedule 2 to the Immigration Act 1971.

(3) In this paragraph “commencement” means the day when the amendments
made by Part 1 of Schedule 8 come into force.

Part 10 Provision relating to fees

15Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

71 (1) Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act
2004 (amount of fees) is amended as follows.

(2) Omit subsections (1) to (2A).

(3) For subsection (3A) substitute—

“(3A) 20The amount of a fee under section 1 of the Consular Fees Act 1980 in
respect of a matter specified in subsection (3B) may be set so as to
reflect costs referable to the exercise of any function in respect of
which the Secretary of State has made an order under section 66 of
the Immigration Act 2014.

(3B) 25The matters are—

(a) the determination of applications for entry clearances (within
the meaning given by section 33(1) of the Immigration Act
1971),

(b) the determination of applications for transit visas under
30section 41 of the Immigration and Asylum Act 1999, or

(c) the determination of applications for certificates of
entitlement to the right of abode in the United Kingdom
under section 10 of the Nationality, Immigration and Asylum
Act 2002.”

(4) 35In subsection (4) omit “(1)(b) or”.

(5) In subsection (7) omit from “(and any provision” to the end.

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

72 Sections 51 and 52 of the Immigration, Asylum and Nationality Act 2006
(fees) are repealed.

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

73 For section 15(2)(b) of the UK Borders Act 2007 (application of certain
provisions to applications for biometric immigration documents)
substitute—

“(b) 5section 66 of the Immigration Act 2014 (fees);”.

Consequential repeals

74 The following provisions are repealed in consequence of the amendments
made by this Part of this Schedule—

(a) paragraph 6 of Schedule 2 to the Immigration, Asylum and
10Nationality Act 2006;

(b) section 20 of the UK Borders Act 2007.