Part 5 Oversight

Office of the Immigration Services Commissioner

62 Immigration advisers and immigration service providers

5Schedule 7 (immigration advisers and immigration service providers) has
effect.

Police Ombudsman for Northern Ireland

63 Police Ombudsman for Northern Ireland

After section 60ZA of the Police (Northern Ireland) Act 1998 insert—

“60ZB 10 Immigration and customs enforcement functions

(1) The Ombudsman and the Secretary of State may enter into an
agreement to establish, in relation to the exercise of specified
enforcement functions by relevant officials, procedures which
correspond to or are similar to any of those established by virtue of this
15Part.

(2) Where no such procedures are in force in relation to a particular kind
of relevant official, the Secretary of State may by order establish such
procedures in relation to the exercise of specified enforcement
functions by that kind of relevant official.

(3) 20“Relevant officials” means—

(a) immigration officers and other officials of the Secretary of State
exercising functions relating to immigration or asylum;

(b) designated customs officials, and officials of the Secretary of
State, exercising customs functions (within the meaning of Part
251 of the Borders, Citizenship and Immigration Act 2009);

(c) the Director of Border Revenue exercising customs revenue
functions (within the meaning of that Part of that Act), and
persons exercising such functions of the Director;

(d) persons providing services pursuant to arrangements relating
30to the discharge of a function within paragraph (a), (b), or (c).

(4) “Enforcement functions” includes, in particular—

(a) powers of entry,

(b) powers to search persons or property,

(c) powers to seize or detain property,

(d) 35powers to arrest persons,

(e) powers to detain persons, and

(f) powers to examine persons or otherwise to obtain information
(including powers to take fingerprints or to acquire other
personal data).

(5) 40“Specified” means specified in an agreement under subsection (1) or an
order under subsection (2).

(6) “Immigration officer” means a person appointed under paragraph 1(1)
of Schedule 2 to the Immigration Act 1971.

60ZC Section 60ZB: supplementary

(1) An agreement under section 60ZB may at any time be varied or
5terminated—

(a) by the Secretary of State, or

(b) by the Ombudsman, with the consent of the Secretary of State.

(2) Before making an order under section 60ZB the Secretary of State must
consult the Ombudsman and such persons as the Secretary of State
10thinks appropriate.

(3) An agreement or order under section 60ZB may provide for payment
by the Secretary of State to or in respect of the Ombudsman.

(4) An agreement or order under section 60ZB must relate only to the
exercise of enforcement functions—

(a) 15wholly in Northern Ireland, or

(b) partly in Northern Ireland and partly in another part of the
United Kingdom.

(5) An agreement or order under section 60ZB must relate only to the
exercise of enforcement functions on or after the day on which the
20agreement or order is made.

(6) An agreement or order under section 60ZB must not provide for
procedures in relation to so much of any complaint or matter as relates
to functions conferred by or under Part 8 of the Immigration and
Asylum Act 1999 (detained persons & removal centres etc.).”

25Part 6 Miscellaneous

Deprivation of citizenship

64 Deprivation if conduct seriously prejudicial to vital interests of the UK

(1) In section 40 of the British Nationality Act 1981 (deprivation of citizenship),
30after subsection (4) insert—

“(4A) But that does not prevent the Secretary of State from making an order
under subsection (2) to deprive a person of a citizenship status if—

(a) the citizenship status results from the person’s naturalisation,
and

(b) 35the Secretary of State is satisfied that the deprivation is
conducive to the public good because the person, while having
that citizenship status, has conducted him or herself in a
manner which is seriously prejudicial to the vital interests of the
United Kingdom, any of the Islands, or any British overseas
40territory.”

(2) In deciding whether to make an order under subsection (2) of section 40 of the
British Nationality Act 1981 in a case which falls within subsection (4A) of that

Act, the Secretary of State may take account of the manner in which a person
conducted him or herself before this section came into force.

Embarkation checks

65 Embarkation checks

5Schedule 8 (embarkation checks) has effect.

Fees

66 Fees

(1) The Secretary of State may provide, in accordance with this section, for fees to
be charged in respect of the exercise of functions in connection with
10immigration or nationality.

(2) The functions in respect of which fees are to be charged are to be specified by
the Secretary of State by order (“a fees order”).

(3) A fees order—

(a) must specify how the fee in respect of the exercise of each specified
15function is to be calculated, and

(b) may not provide for a fee to be charged in respect of the exercise of a
function otherwise than in connection with an application or claim, or
on request.

(4) For any specified fee, a fees order must provide for it to comprise one or more
20amounts each of which is—

(a) a fixed amount, or

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

(5) Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it—

(a) must specify a maximum amount for the fee (or part), and

(b) 25may specify a minimum amount.

(6) Where a fees order provides for a fee (or part of a fee) to be calculated as
mentioned in subsection (4)(b), it—

(a) must specify—

(i) how the fee (or part) is to be calculated, and

(ii) 30a maximum rate or other factor, and

(b) may specify a minimum rate or other factor.

(7) For any specified fee, the following are to be set by the Secretary of State by
regulations (“fees regulations”)—

(a) if the fee (or any part of it) is to be a fixed amount, that amount;

(b) 35if the fee (or any part of it) is to be calculated as mentioned in subsection
(4)(b), the hourly rate or other factor by reference to which it (or that
part) is to be calculated.

(8) An amount, or rate or other factor, set by fees regulations for a fee in respect of
the exercise of a specified function—

(a) 40must not—

(i) exceed the maximum specified for that amount, or rate or other
factor;

(ii) be less than the minimum, if any, so specified;

(b) subject to that, may be intended to exceed, or result in a fee which
5exceeds, the costs of exercising the function.

(9) In setting the amount of any fee, or rate or other factor, in fees regulations, the
Secretary of State may have regard only to—

(a) the costs of exercising the function;

(b) benefits that the Secretary of State thinks are likely to accrue to any
10person in connection with the exercise of the function;

(c) the costs of exercising any other function in connection with
immigration or nationality;

(d) the promotion of economic growth;

(e) fees charged by or on behalf of governments of other countries in
15respect of comparable functions;

(f) any international agreement.

This is subject to section 67(5).

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

(a) provide for exceptions;

(b) 20provide 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) the consequences of failure to pay a fee;

(ii) enforcement;

(iii) 25when a fee may or must be paid.

(11) Any provision that may be made by fees regulations by virtue of subsection
(10) may be included instead in a fees order (and any provision so included
may be amended or revoked by fees regulations).

(12) In this section and sections 67 and 68—

• 30“costs” includes—

  (a)

  the costs of the Secretary of State, and

  (b)

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

• “fees order” has the meaning given by subsection (2);

• 35“fees regulations” has the meaning given by subsection (7);

• “function” includes a power or a duty;

• “function in connection with immigration or nationality” includes a
  function in connection with an enactment (including an enactment of a
  jurisdiction outside the United Kingdom) that relates wholly or partly
  40to immigration or nationality;

• “specified” means specified in a fees order.

(13) Any reference in this section or section 68 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) 45under particular arrangements;

(c) otherwise in particular ways,

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

67 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 66 may relate to something done outside the United
Kingdom.

(3) Fees payable by virtue of section 66 may be recovered as a debt due to the
10Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 66 must—

(a) be paid into the Consolidated Fund, or

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

(5) Section 66 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.

68 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 66;

(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

69 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.

70 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.

71 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 19(7), 22(6) or 24(5);

(b) an order under section 37;

(c) 5regulations under section 40 or an order under section 42;

(d) an order under section 52 or 53(4);

(e) a fees order (within the meaning of section 66);

(f) an order under section 70(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 34(3), 70(1) and 72(3) (subject to subsection (7)).

(6) 20Subsection (7) applies if an order under section 72(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 72(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.

72 Commencement

(1) 40This Part, other than section 70(6) and Schedule 9, comes into force on the day
on which this Act is passed.

(2) Section 55, section 58 and Schedule 6, and section 61 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.

73 Extent

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

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

(3) Section 58 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).

74 Short title

This Act may be cited as the Immigration Act 2014.

SCHEDULES

Section 4

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.