SCHEDULE 8 continued PART 2 continued
Contents page 10-18 20-29 30-39 40-49 50-59 60-69 70-85 86-89 90-99 100-109 110-119 120-126 Last page
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(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 73
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”.
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),”.
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”.
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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)”.
5
In the Immigration, Asylum and Nationality Act 2006, section 47 (removal
of persons with statutorily extended leave) is repealed.
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).
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The provisions shown in the table below are repealed in consequence of the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.
| Title | 15Extent of repeal |
|---|---|
| Nationality, Immigration and Asylum Act 2002 |
Section 73(2) to (4). |
| Section 74. | |
| Section 75(4). | |
| 20Section 76(7). | |
| Immigration, Asylum and Nationality Act 2006 |
Section 48. |
| Crime and Courts Act 2013 | Section 51(3). |
| Immigration Act 2014 | In Schedule 1, paragraph 2(3) and (4). |
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”.
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9
In Schedule 3 to the Immigration Act 1971 (supplementary provisions as to
deportation), in paragraph 3, for “33” substitute “33A”.
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”.
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”.
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”;
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(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”.
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,”.
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”.
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””.
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”.
17 (1) 40The Immigration and Asylum Act 1999 is amended as follows.
(2) Section 143 (destruction of fingerprints) is repealed.
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(3)
In section 144(1) (power to make provision about other biometric
information) for “, 142 and 143” substitute “and 142”.
(4)
Omit section 166(4)(g) (Parliamentary procedure for orders under section
143).
18
Section 36 of the Anti-terrorism, Crime and Security Act 2001 (which
amends section 143 of the Immigration and Asylum Act 1999) is repealed.
19
In section 126 of the Nationality, Immigration and Asylum Act 2002 (power
10to require provision of physical data with certain immigration applications)
omit—
(a) the “or” at the end of subsection (2)(b),
(b) subsection (4)(g), and
(c) subsection (5).
20 The Immigration Act 1971 is amended as follows.
21
(1)
Section 3C (continuation of leave pending variation decision) is amended as
20follows.
(2) In subsection (2)—
(a) omit the “or” at the end of paragraph (b);
(b) after paragraph (c) insert “, or
(d)
an administrative review of the decision on the
25application for variation—
(i) could be sought, or
(ii) is pending.”
(3) After subsection (6) insert—
“(7) In this section—
30“administrative review” means a review conducted under the
immigration rules;
the question of whether an administrative review is pending is
to be determined in accordance with the immigration rules.”
22
(1)
Section 3D (continuation of leave following revocation) is amended as
35follows.
(2) In subsection (2)—
(a) omit the “or” at the end of paragraph (a);
(b) after paragraph (b) insert, “or
“(c)
an administrative review of the variation or
40revocation—
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(i) could be sought, or
(ii) is pending.”
(3) After subsection (4) insert—
“(5) In this section—
5“administrative review” means a review conducted under the
immigration rules;
the question of whether an administrative review is pending is
to be determined in accordance with the immigration rules.”
23
In Schedule 2 (administrative provisions as to control on entry etc), in
10paragraph 2A(9), for “(immigration and asylum appeals)” substitute
“(appeals in respect of protection and human rights claims)”.
24
In Schedule 3 (supplementary provisions as to deportation), in paragraph 3,
for the words from “of the kind” to “order)” substitute “that relates to a
deportation order”.
25
In section 40A of the British Nationality Act 1981 (deprivation of citizenship:
appeal), in subsection (3)—
(a) omit “, 83 or 83A”;
(b) omit paragraph (a).
26
(1)
The Special Immigration Appeals Commission Act 1997 is amended as
follows.
(2) In section 2 (jurisdiction: appeals)—
(a) in subsection (1)(a), omit “, 83(2) or 83A(2)”;
(b) 25in subsection (1)(b), omit “, 83(2) or 83A(2)”;
(c) in subsection (2), omit paragraphs (d), (h) and (l);
(d) omit subsections (3) and (4);
(e) in subsection (5), omit “against an immigration decision”;
(f) omit subsection (6).
(3)
30In section 2B (appeal to SIAC against deprivation of citizenship), omit the
words from “(and” to the end.
(4) In section 6A (procedure in relation to review jurisdiction)—
(a) in the heading, for “and 2D” substitute “to 2E”;
(b) in subsection (1), for “or 2D” substitute “, 2D or 2E”;
(c) 35in subsection (2)—
(i) in paragraph (a), for “or 2D” substitute “, 2D or 2E”;
(ii)
in paragraph (b), for “or (as the case may be) 2D(2)” substitute
“, 2D(2) or (as the case may be) 2E(2)”.
(5)
In section 7 (appeals from the Commission), in subsection (1A), for “or 2D”
40substitute “, 2D or 2E”.
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27 The Immigration and Asylum Act 1999 is amended as follows.
28 Section 23 (monitoring refusals of entry clearance) is repealed.
29 (1) Section 141 (fingerprinting) is amended as follows.
(2) 5In subsection (7)—
(a) for paragraph (c) substitute—
“(c)
any person (“C”) in respect of whom the Secretary of
State has decided—
(i) to make a deportation order, or
(ii)
10that section 32(5) of the UK Borders Act 2007
(automatic deportation of foreign criminals)
applies;
(ca)
any person (“CA”) who requires leave to enter or
remain in the United Kingdom but does not have it;”;
(b)
15in paragraph (f), for the words from “paragraph (c)” to the end
substitute “paragraph (c)(ii)”.
(3) In subsection (8), for paragraph (c) substitute—
“(c)
for C, when he is notified of the decision mentioned in
subsection (7)(c);
(ca)
20for CA, when he becomes a person to whom this section
applies;”.
(4) In subsection (9)—
(a) in paragraph (b), after “C” insert “, CA”;
(b)
in paragraph (c)(i) for “relevant immigration decision” substitute
25“decision mentioned in subsection (7)(c)”;
(c) after paragraph (c) insert—
“(ca)
for CA, when he no longer requires leave to enter or
remain in the United Kingdom;”.
(5) Omit subsection (16).
30 The Nationality, Immigration and Asylum Act 2002 is amended as follows.
31 In section 72 (serious criminal), in subsection (9)(a)—
(a) omit “, 83, 83A or 101”;
(b)
for the words from “that to remove him” to the end substitute
35“mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the
United Kingdom’s obligations under the Refugee Convention),
and”.
32
In section 79 (deportation order: appeal), in subsection (1) for “against”
substitute “that may be brought or continued from within the United
40Kingdom relating to”.
33
For the heading to Part 5, substitute “Appeals in respect of Protection and
Human Rights Claims”.
34 In section 85 (matters to be considered)—
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(a) in subsection (2), for “84(1)” substitute “84”;
(b) in subsection (4)—
(i) omit “, 83(2) or 83A(2)”;
(ii) omit “evidence about”;
(iii) 5omit “evidence which concerns”.
35
Section 85A (matters to be considered: new evidence: exceptions) is
repealed.
36 In section 86 (determination of appeal)—
(a) in subsection (1), omit “, 83 or 83A”;
(b) 10in subsection (2), omit “(whether or not by virtue of section 85(1))”;
(c) omit subsections (3) to (6).
37 Sections 87 to 91 are repealed.
38 (1) Section 94 (appeal from within the United Kingdom) is amended as follows.
(2) In the heading, for “asylum” substitute “protection”.
(3) 15For subsections (1) to (2) substitute—
“(1)
The Secretary of State may certify a protection claim or human rights
claim as clearly unfounded.”
(4) In subsection (3)—
(a) for “an asylum claimant or human rights” substitute “a”;
(b) 20for “subsection (2)” substitute “subsection (1)”.
(5) In subsection (6A) for “an asylum claimant or human rights” substitute “a”.
(6)
In subsection (7), for the words from the beginning to “certifies that”
substitute “The Secretary of State may certify a protection claim or human
rights claim made by a person if”.
(7)
25In subsection (8)(b), at the end insert “or with the United Kingdom’s
obligations in relation to persons eligible for a grant of humanitarian
protection”.
(8) Omit subsection (9).
39 In section 94A (European Common List of Safe Countries of Origin)—
(a)
30in subsection (2), for “an asylum claim” substitute “a protection
claim”;
(b) in subsection (4) for “94(2)” substitute “94(1)”.
40 Section 95 (appeal from outside the United Kingdom: removal) is repealed.
41 (1) Section 96 (earlier right of appeal) is amended as follows.
(2) 35In subsection (1)—
(a)
in the opening words, for the words from the beginning to “brought”
substitute “A person may not bring an appeal under section 82
against a decision (“the new decision”)”;
(b) in paragraph (a), omit “immigration”;
(c) 40in paragraph (b) for “matter” substitute “ground”;
(d) in paragraph (c) for “matter” substitute “ground”.
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(3) For subsection (2) substitute—
“(2)
A person may not bring an appeal under section 82 if the Secretary
of State or an immigration officer certifies—
(a) that the person has received a notice under section 120(2),
(b)
5that the appeal relies on a ground that should have been, but
has not been, raised in a statement made under section 120(2)
or (5), and
(c)
that, in the opinion of the Secretary of State or the
immigration officer, there is no satisfactory reason for that
10ground not having been raised in a statement under section
120(2) or (5).”
42 In section 97 (national security etc)—
(a) in subsection (1), omit “, 83(2) or 83A(2)”;
(b) in subsection (3), omit “, 83(2) or 83A(2)”.
43 15In section 97A (national security: deportation)—
(a)
in subsection (2B), for the words from “breach” to the end substitute
“be unlawful under section 6 of the Human Rights Act 1998 (public
authority not to act contrary to Human Rights Convention)”;
(b) omit subsections (2D), (2E) and (3).
44
20Section 97B (variation of leave on grounds of public good: rights of appeal)
is repealed.
45 Section 98 (other grounds of public good) is repealed.
46 In section 99—
(a) in the heading, for “Sections 97 and 98” substitute “Section 97”;
(b) 25in subsection (1), omit “or 98”.
47 (1) Section 104 (pending appeal) is amended as follows.
(2) Omit subsection (4).
(3)
In subsection (4A), for “subsections (4B) and (4C)” substitute “subsection
(4B)”.
(4) 30In subsection (4B)—
(a)
for “the ground relating to the Refugee Convention specified in
section 84(1)(g)” substitute “a ground specified in section 84(1)(a) or
(b) or 84(3) (asylum or humanitarian protection)”;
(b) omit paragraph (a) (and the “and” immediately following it).
(5) 35Omit subsections (4C) and (5).
48 (1) Section 105 (notice of immigration decision) is amended as follows.
(2) In subsection (1), for “immigration” substitute “appealable”.
(3) In subsection (2)—
(a)
in the opening words, for “a decision against which the person is
40entitled to appeal under section 82(1)” substitute “an appealable
decision”;
(b) in paragraph (a) for “that section” substitute “section 82”.
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(4) At the end insert—
“(4)
In this section “appealable decision” means a decision mentioned in
section 82(1).”
49 In section 106 (rules)—
(a) 5in subsection (3), omit “, 83 or 83A”;
(b) in subsection (4), omit “, 83 or 83A”.
50 In section 107 (practice directions), in subsection (3), omit “, 83 or 83A”.
51
In section 108 (forged documents: proceedings in private), in subsection
(1)(a), omit “, 83 or 83A”.
52 10In section 112 (regulations etc)—
(a) omit subsection (3A);
(b) in subsection (4), omit “or 115(8)”;
(c) in subsection (5), omit “or 115(9)”.
53 (1) Section 113 (interpretation) is amended as follows.
(2) 15In subsection (1)—
(a) in the definition of “human rights claim”—
(i)
after “Kingdom” insert “or to refuse him entry into the United
Kingdom”;
(ii) omit “as being incompatible with his Convention rights”;
(b) 20at the appropriate places insert—
““humanitarian protection” has the meaning given in
section 82(2);”
““protection claim” has the meaning given in section
82(2)”;
25““protection status” has the meaning given in section
82(2)”;
(c)
omit the definitions of “entry clearance”, “illegal entrant”,
“prescribed”, “visitor” and “work permit”;
(d)
in the definition of “immigration rules”, for “that Act” substitute “the
30Immigration Act 1971”.
(3) Omit subsection (2).
54
Section 115 (appeal from within United Kingdom: unfounded human rights
or asylum claim: transitional provision) is repealed.
55
For section 120 (requirement to state additional grounds for application)
35substitute—
(1) Subsection (2) applies to a person (“P”) if—
(a) P has made a protection claim or a human rights claim,
(b)
P has made an application to enter or remain in the United
40Kingdom, or
(c) a decision to deport or remove P has been or may be taken.
(2)
The Secretary of State or an immigration officer may serve a notice
on P requiring P to provide a statement setting out—