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Immigration Bill (HL Bill 98)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately
as HL Bill 84—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Taylor of Holbeach has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:

In my view the provisions of the Immigration Bill are compatible with the
Convention rights.

Contents

  1. Part 1

    Removal and other powers

    1. Removal

      1. 1. Removal of persons unlawfully in the United Kingdom

      2. 2. Restriction on removal of children and their parents etc

      3. 3. Independent Family Returns Panel

    2. Powers of immigration officers

      1. 4. Enforcement powers

    3. Detention and bail

      1. 5. Restrictions on detention of unaccompanied children

      2. 6. Pre-departure accommodation for families

      3. 7. Immigration bail: repeat applications and effect of removal directions

    4. Biometrics

      1. 8. Provision of biometric information with immigration applications

      2. 9. Identifying persons liable to detention

      3. 10. Provision of biometric information with citizenship applications

      4. 11. Biometric immigration documents

      5. 12. Meaning of “biometric information”

      6. 13. Safeguards for children

      7. 14. Use and retention of biometric information

  2. Part 2

    Appeals etc

    1. 15. Right of appeal to First-tier Tribunal

    2. 16. Report by Chief Inspector on administrative review

    3. 17. Place from which appeal may be brought or continued

    4. 18. Review of certain deportation decisions by Special Immigration Appeals
      Commission

    5. 19. Article 8 of the ECHR: public interest considerations

  3. Part 3

    Access to services etc

    1. Chapter 1

      Residential tenancies

      1. Key interpretation

        1. 20. Residential tenancy agreement

        2. 21. Persons disqualified by immigration status or with limited right to rent

      2. Penalty notices

        1. 22. Persons disqualified by immigration status not to be leased premises

        2. 23. Penalty notices: landlords

        3. 24. Excuses available to landlords

        4. 25. Penalty notices: agents

        5. 26. Excuses available to agents

        6. 27. Eligibility period

        7. 28. Penalty notices: general

      3. Objections, appeals and enforcement

        1. 29. Objection

        2. 30. Appeals

        3. 31. Enforcement

      4. Codes of practice

        1. 32. General matters

        2. 33. Discrimination

      5. General

        1. 34. Orders

        2. 35. Transitional provision

        3. 36. Crown application

        4. 37. Interpretation

    2. Chapter 2

      Other services etc

      1. National Health Service

        1. 38. Immigration health charge

        2. 39. Related provision: charges for health services

      2. Bank accounts

        1. 40. Prohibition on opening current accounts for disqualified persons

        2. 41. Regulation by Financial Conduct Authority

        3. 42. “Bank” and “building society”

        4. 43. Power to amend

      3. Work

        1. 44. Appeals against penalty notices

        2. 45. Recovery of sums payable under penalty notices

      4. Driving licences

        1. 46. Grant of driving licences: residence requirement

        2. 47. Revocation of driving licences on grounds of immigration status

  4. Part 4

    Marriage and civil partnership

    1. Chapter 1

      Referral and investigation of proposed marriages and civil partnerships

      1. Investigation

        1. 48. Decision whether to investigate

        2. 49. Exempt persons

        3. 50. Conduct of investigation

        4. 51. Investigations: supplementary

      2. Referral

        1. 52. Referral of proposed marriages and civil partnerships in England and Wales

      3. Scotland and Northern Ireland

        1. 53. Extension of scheme to Scotland and Northern Ireland

        2. 54. Supplementary provision

    2. Chapter 2

      Sham marriage and civil partnership

      1. 55. Meaning of “sham marriage” and “sham civil partnership”

      2. 56. Duty to report suspicious marriages and civil partnerships

    3. Chapter 3

      Other provisions

      1. Persons not relevant nationals etc: marriage on superintendent registrar’s certificates

        1. 57. Solemnization of marriage according to rites of Church of England

        2. 58. Requirement as to giving of notice of marriage or civil partnership

      2. Information

        1. 59. Information

      3. Miscellaneous

        1. 60. Regulations about evidence

        2. 61. Notices

        3. 62. Interpretation of this Part

  5. Part 5

    Oversight

    1. Office of the Immigration Services Commissioner

      1. 63. Immigration advisers and immigration service providers

    2. Police Ombudsman for Northern Ireland

      1. 64. Police Ombudsman for Northern Ireland

  6. Part 6

    Miscellaneous

    1. Child trafficking guardians

      1. 65. Child trafficking guardians for all potential child victims of trafficking in
        human beings

    2. Deprivation of citizenship

      1. 66. Deprivation if conduct seriously prejudicial to vital interests of the UK

    3. Embarkation checks

      1. 67. Embarkation checks

    4. Fees

      1. 68. Fees

      2. 69. Fees orders and fees regulations: supplemental

      3. 70. Power to charge fees for attendance services in particular cases

    5. Welfare of children

      1. 71. Duty regarding the welfare of children

  7. Part 7

    Final provisions

    1. 72. Financial provision

    2. 73. Transitional and consequential provision

    3. 74. Orders and regulations

    4. 75. Commencement

    5. 76. Extent

    6. 77. Short title

    1. Schedule 1

      Enforcement powers

    2. Schedule 2

      Meaning of biometric information

    3. Schedule 3

      Excluded residential tenancy agreements

    4. Schedule 4

      Referral of proposed marriages and civil partnerships in
      England and Wales

      1. Part 1

        Marriage

      2. Part 2

        Civil partnership

    5. Schedule 5

      Sham marriage and civil partnership: administrative
      regulations

    6. Schedule 6

      Information

      1. Part 1

        Disclosure of information etc where proposed marriage or
        civil partnership referred to Secretary of State

      2. Part 2

        Disclosure of information etc for immigration purposes etc

      3. Part 3

        Disclosure of information etc for prevention of crime etc

      4. Part 4

        General provisions

    7. Schedule 7

      Immigration advisers and immigration service providers

    8. Schedule 8

      Embarkation checks

      1. Part 1

        Functions exercisable by designated persons

      2. Part 2

        Other provision

    9. Schedule 9

      Transitional and consequential provision

      1. Part 1

        Provision relating to removal

      2. Part 2

        Provision relating to detention and bail

      3. Part 3

        Provision relating to biometrics

      4. Part 4

        Provision relating to appeals

      5. Part 5

        Provision relating to employment

      6. Part 6

        Provision relating to driving licences

      7. Part 7

        Provision relating to marriage and civil partnership

      8. Part 8

        Provision relating to immigration advisers and immigration
        service providers

      9. Part 9

        Provision relating to embarkation checks

      10. Part 10

        Provision relating to fees

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