Immigration Bill

Amendments
to be moved
in committee

[Supplementary to the Second Marshalled List]

Schedule 6

LORD BATES

 

Page 100, line 23, at end insert—

“Education bodies

The proprietor of a school or 16 to 19 Academy within the meaning of the
Education Act 1996 (see sections 4 and 579(1) of that Act).

The governing body of an institution within the further education sector
within the meaning of the Further and Higher Education Act 1992 (see
sections 90 and 91 of that Act).

The governing body of a qualifying institution within the meaning of
Part 2 of the Higher Education Act 2004 (see sections 11 and 21 of that
Act).

The proprietor or governing body of a school within the meaning of the
Education (Scotland) Act 1980 (see section 135(1) of that Act).

The proprietor or governing body of a post-16 education body within the
meaning of the Further and Higher Education (Scotland) Act 2005 (see
section 35 of that Act).

The proprietor of a school within the meaning of the Education and
Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)) (see Article
2(2) of that Order).

The governing body of an institution of further education within the
meaning of the Further Education (Northern Ireland) Order 1997 (SI
1997/1772 (NI 15)) (see Article 2(2) of that Order).

The governing body of a higher education institution as defined by
Article 30(3) of the Education and Libraries (Northern Ireland) Order
1993 (SI 1993/2810 (NI 12)).”

Clause 30

LORD BATES

 

Page 37, line 27, at end insert—

“( )     The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as
follows.

( )     In section 24A (extension of period of detention under section 24) for
subsection (7) insert—

“(7)     In this section and section 24B, “custody review officer” means—

(a)   an officer who—

(i)   is of a rank at least equivalent to that of police
inspector, and

(ii)   has not been involved in the investigation in
connection with which the person is detained, or

(b)   in relation to the detention of a person under section 24 by
an immigration officer, a constable—

(i)   of the rank of inspector or above, and

(ii)   who has not been involved in the investigation in
connection with which the person is detained.”

( )     In section 26A(2) (power of arrest of authorised immigration officers) omit
“or immigration enforcement offence”.”

 

Page 37, line 28, leave out “of the Criminal Law (Consolidation) (Scotland) Act
1995”

 

Page 37, line 37, leave out subsection (3) and insert—

“( )     Omit the definition of “immigration enforcement offence”.”

After Clause 30

LORD BATES

 

Insert the following new Clause—

“Powers to take fingerprints etc. from dependants

(1)     Section 141 of the Immigration and Asylum Act 1999 (powers to take
fingerprints from certain persons and their dependants) is amended as
follows.

(2)     In subsection (7) for paragraph (f) substitute—

“(f)   any person (“F”) who is—

(i)   a member of the family of a person within any of
paragraphs (a), (b) or (ca) to (e), or

(ii)   a dependant of a person within paragraph (c)(i).”

(3)     In subsection (8)(f) after “person” insert “of whose family he is a member
or”.

(4)     In subsection (9)(f) after “person” insert “of whose family he is a member
or”.

(5)     After subsection (13) insert—

“(13A)   For the purposes of subsection (7)(f)(i), a person is a member of the
family of another person (“P”) if—

(a)   the person is—

(i)   P’s partner,

(ii)   P’s child, or a child living in the same household as
P in circumstances where P has care of the child,

(iii)   in a case where P is a child, P’s parent, or

(iv)   an adult dependant relative of P, and

(b)   the person does not have a right of abode in the United
Kingdom or indefinite leave to enter or remain in the United
Kingdom.

(13B)    In subsection (13A) “child” means a person who is under the age of
18.”

(6)     In subsection (14) for “(7)(f)” substitute “(7)(f)(ii)”.”

(7)     Section 142 of the Immigration and Asylum Act 1999 (attendance for
fingerprinting) is amended as follows.

(8)     In subsection (2) for “a dependant of” substitute “a member of the family
of, or a dependant of,”.

(9)     In subsection (2A) for “a dependant of” substitute “a member of the family
of”.

(10)     Until the commencement of the repeal of section 143 of the Immigration
and Asylum Act 1999 (destruction of fingerprints) by paragraph 17(2) of
Schedule 9 to the Immigration Act 2014, subsection (9) of that section has
effect as if after “the person” there were inserted “of whose family he is a
member or”.

(11)     In section 144A(2) (application of regulations about use and retention of
fingerprints etc to dependants) after “the person” insert “of whose family F
is a member or”.”

Schedule 7

LORD BATES

 

Page 109, line 4, at end insert—

“      In section 11(1) (construction of references to entry)—

(a)   omit “, or temporarily admitted or released while liable to
detention,”,

(b)   omit “or by Part III of the Immigration and Asylum Act 1999”,
and

(c)   for “or by section 68 of the Nationality, Immigration and Asylum
Act 2002” substitute “or on immigration bail within the meaning
of Schedule 7 to the Immigration Act 2016”.”

 

Page 112, line 12, at end insert—

“Immigration and Asylum Act 1999 (c. 33)

The Immigration and Asylum Act 1999 is amended as follows.

In section 10(9) (removal of persons unlawfully in the United Kingdom:
application of Schedule 2 to the Immigration Act 1971) omit paragraphs
(h) and (i).

In section 53 (applications for bail in immigration cases) omit subsection
(4).

In section 95(9A) (support for asylum seekers etc: matters to which
conditions may relate) in paragraph (b) for the words from “restriction”
to the end of the paragraph substitute “condition imposed under
Schedule 7 to the Immigration Act 2016 (immigration bail).”

  (1)     Section 141 (fingerprinting: persons temporarily admitted to the United
Kingdom) is amended as follows.

(2)     In subsection (7)(b) for “temporarily admitted under paragraph 21 of
Schedule 2 to the 1971 Act” substitute “granted immigration bail under
Schedule 7 to the Immigration Act 2016”.

(3)     In subsection (8)(b) for “admit him temporarily” substitute “grant him
bail”.

 

Page 112, line 14, at end insert—

  (1)     Section 23 (power for residence restriction to include requirement to
reside at accommodation centre) is amended as follows.

(2)     In subsection (1) for “restriction” substitute “condition”.

(3)     For subsection (2) substitute—

“(2)   In subsection (1) “residence condition” means a condition
imposed under Schedule 7 to the Immigration Act 2016.”

(4)     In subsection (4) for “restriction” substitute “condition”.”

In section 30 (conditions of residence at accommodation centres) in
subsection (7) for the words from “restriction” to the end of the
subsection substitute “condition imposed under Schedule 7 to the
Immigration Act 2016.””

 

Page 112, line 18, at end insert—

  (1)     Section 70 (power for residence restriction to take account of induction
programmes for asylum seekers) is amended as follows.

(2)     In subsection (1) for “restriction” in both places substitute “condition”.

(3)     For subsection (2) substitute—

“(2)   In subsection (1) “residence condition” means a condition
imposed under Schedule 7 to the Immigration Act 2016.”

(4)     In subsection (5) for “restrictions” substitute “conditions”.

  (1)     Section 71 (asylum seeker: residence etc restriction) is amended as
follows.

(2)     In subsection (2)—

(a)   for the words from “restriction” to “restrictions)” substitute
“condition which may be imposed under Schedule 7 to the
Immigration Act 2016”, and

(b)   for “that Schedule” substitute “Schedule 2 to the Immigration Act
1971”.

(3)     In subsection (3)—

(a)   for “restriction” in each place substitute “condition”,

(b)   for “paragraph 21 of that Schedule” substitute “Schedule 7 to the
Immigration Act 2016”, and

(c)   for “that Schedule” substitute “Schedule 2 to the Immigration Act
1971”.

(4)     In subsection (4) for “restriction” substitute “condition”.”

 

Page 112, line 24, at end insert—

“( )   in the heading, for “Temporary admission, &c” substitute
“Immigration bail”,”

 

Page 113, line 6, at end insert—

“Criminal Justice and Immigration Act 2008 (c. 4)

The Criminal Justice and Immigration Act 2008 is amended as follows.

In section 132(4) (special immigration status: effect of designation) in
paragraph (b) for the words from “temporary admission” to the end of
the paragraph substitute “immigration bail under Schedule 7 to the
Immigration Act 2016.”

In section 133 (special immigration status: conditions) for subsections (3)
and (4) substitute—

“(3)     If a condition is imposed under this section on a designated
person, the person imposing the condition may also impose an
electronic monitoring condition within the meaning of Schedule 7 to the
Immigration Act 2016 on the designated person.

(3A)    Paragraph 4 (electronic monitoring conditions) of that Schedule
applies in relation to a condition imposed under subsection (3) as
it applies to an electronic monitoring condition imposed under
that Schedule.

(4)     Paragraph 7(4) and (5) (bail conditions: travelling expenses) of
that Schedule applies in relation to conditions imposed under
subsection (2)(c) as it applies to conditions imposed under that
Schedule.””

Schedule 8

LORD BATES

 

Page 114, line 5, at end insert—

“( )   in section 134 of the Criminal Justice and Immigration Act 2008,
omit subsection (5);”

 

Page 114, line 7, after “or”” insert “and “persons temporarily admitted and””

 

Page 114, line 7, at end insert—

“( )   in paragraph 8 of Schedule 3 to the Immigration Act 2014, omit
paragraph (a)”

 

Page 117, line 33, leave out from “a” to end of line 36 and insert “condition imposed
under Schedule 7 to the Immigration Act 2016 (immigration bail);”

 

Page 121, line 31, at end insert—

“      In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy
agreements), in paragraph 8 (accommodation provided by virtue of
immigration provisions)—

(a)   in paragraph (b) after “95” insert “or 95A”, and

(b)   in paragraph (c) after “98” insert “or 98A”.”

Clause 38

LORD ALTON OF LIVERPOOL

 

Page 40, line 18, at end insert “subject to subsection (2).

(2)     This section and Schedule 9 shall not have effect in respect of any former
relevant child if a local authority by whom he or she was looked after failed
to ensure that he or she was advised and assisted in connection with—

(a)   an application for him or her to be registered as a British citizen in
circumstances where he or she was either entitled to be registered
as a British citizen or otherwise entitled to apply to be registered;

(b)   an application for him or her to be granted indefinite leave to
remain in circumstances where he or she satisfied requirements
under the immigration rules for a grant of indefinite leave to
remain; or

(c)   an application for him or her to be granted limited leave to remain
in circumstances where he or she satisfied requirements under the
immigration rules for a grant of limited leave to remain.

(3)     In this section—

“former relevant child” has the meaning described in section 23C of
the Children Act 1989 (continuing functions in respect of former
relevant children), and

“immigration rules” means the rules as laid before Parliament by the
Secretary of State under section 3(2) of the Immigration Act 1971
(general provisions for regulation and control).”

Schedule 9

LORD BATES

 

Page 125, line 30, after “person” insert “in England”

 

Page 125, line 31, after “paragraph” insert “4, 5 or”

 

Page 125, line 39, after “person” insert “in England”

 

Page 125, line 40, after second “paragraph” insert “4, 5 or”

 

Page 126, line 24, at end insert—

“      After paragraph 2 insert—

“2A (1)     Paragraph 1(1)(g) or (ga) does not prevent the provision of
support or assistance under a relevant provision to a person to
whom paragraph 1 would otherwise apply by virtue of
paragraph 7B if—

(a)   conditions A and B are satisfied in relation to that
person, and

(b)   condition C, D or E is satisfied in relation to that
person.

(2)     In sub-paragraph (1) “relevant provision” means—

(a)   section 23C, 23CZA or 23CA of the Children Act 1989,

(b)   regulations under section 23D of that Act, or

(c)   section 24A or 24B of that Act.

(3)     Condition A is that—

(a)   the person has made an application for leave to enter or
remain in the United Kingdom, and

(b)   where regulations made by the Secretary of State
require that the application must be of a kind specified
in the regulations for this condition to be satisfied, the
application is of that kind.

(4)     Condition B is that—

(a)   the application is the first application for leave to enter
or remain in the United Kingdom that the person has
made, or

(b)   where regulations under sub-paragraph (3)(b) require
that the application must be of a kind specified in the
regulations for condition A to be satisfied, the
application is the first application of that kind that the
person has made.

(5)     Condition C is that the application has not been determined or
withdrawn.

(6)     Condition D is that—

(a)   the application has been refused,

(b)   the person could bring an appeal under section 82(1)
against the refusal (ignoring any possibility of an
appeal out of time with permission), and

(c)   if the person brought such an appeal, it would not be
one that, by virtue of section 92(6), would have to be
continued from outside the United Kingdom.

(7)     Condition E is that—

(a)   the application has been refused,

(b)   the person has appealed under section 82(1) against the
refusal,

(c)   the appeal is not one that, by virtue of section 92(6),
must be continued from outside the United Kingdom,
and

(d)   the appeal is pending within the meaning of section
104.

(8)     For the purposes of sub-paragraph (3) the Secretary of State
may by regulations provide for circumstances in which—

(a)   a person is to be treated as having made an application
for leave to enter or remain in the United Kingdom
(despite not having made one), or

(b)   a person is to be treated as not having made such an
application where the Secretary of State is satisfied that
the application made is vexatious or wholly without
merit.””

 

Page 127, line 23, at end insert—

“Seventh class of ineligible person: primary carer without leave to enter or remain

7C  (1)     Paragraph 1 applies to a person in England (“P”) if—

(a)   P is the primary carer of a British citizen (“the relevant
British citizen”),

(b)   the relevant British citizen is residing in the United
Kingdom,

(c)   the relevant British citizen would be unable to reside in
the United Kingdom or in another EEA State if P were
required to leave the United Kingdom,

(d)   if circumstances were not as mentioned in paragraphs
(a) to (c), under the Immigration Act 1971 P would
require leave to enter or remain in the United Kingdom
but would not have such leave, and

(e)   P is not an asylum-seeker.

(2)     Paragraph 1 also applies to the dependant of a person to whom
that paragraph applies by virtue of sub-paragraph (1).

(3)     In making for the purposes of this Schedule or regulations
made under it a determination as to whether sub-paragraph
(1)(c) applies in relation to P, a person may rely on—

(a)   a document of a kind specified in regulations made by
the Secretary of State, or

(b)   information or guidance provided by the Secretary of
State for the purposes of such a determination.”

 

Page 127, line 28, after “7B(1)” insert “or 7C(1)”

 

Page 127, line 32, leave out “or D” and insert “, D or E”

 

Page 128, line 8, at end insert—

“( )     Condition B is that—

(a)   the person could bring an appeal under section 82(1)
(ignoring any possibility of an appeal out of time with
permission), and

(b)   if the person brought such an appeal, it would not be
one that, by virtue of section 92(6), would have to be
continued from outside the United Kingdom.”

 

Page 128, line 9, leave out “B” and insert “C”

 

Page 128, line 14, leave out “C” and insert “D”

 

Page 128, line 18, leave out “D” and insert “E”

 

Page 128, line 26, at end insert—

“( )     The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a
person (“P”)—

(a)   to whom paragraph 1 applies by virtue of paragraph
7B(1) or 7C(1), and

(b)   who it appears to a person specified in the regulations
may be destitute,

until a person by whom support may be provided under
arrangements by virtue of sub-paragraph (1) is able to
determine whether such support should be provided to P.”

 

Page 129, leave out lines 9 and 10 and insert—

“( )   who would otherwise be eligible for support or
assistance under section 23C, 23CZA or 23CA of the
Children Act 1989, under regulations under section
23D of that Act or under section 24A or 24B of that
Act,”

 

Page 129, line 11, leave out “(b) who is not a relevant failed asylum seeker,”

 

Page 129, line 12, leave out “or C” and insert “, C or D”

 

Page 129, leave out lines 13 to 23

 

Page 129, line 33, at end insert—

“( )     Condition B is that—

(a)   the person is destitute,

(b)   the person could bring an appeal under section 82(1)
(ignoring any possibility of an appeal out of time with
permission), and

(c)   if the person brought an appeal under section 82(1), it
would not be one that, by virtue of section 92(6), would
have to be continued from outside the United
Kingdom.”

 

Page 129, line 34, leave out “B” and insert “C”

 

Page 129, line 40, leave out “C” and insert “D”

 

Page 130, line 2, at end insert—

“( )     The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a
person (“P”)—

(a)   to whom paragraph 1 applies by virtue of paragraph
7B(1), and

(b)   who it appears to a person specified in the regulations
may be destitute,

until a person by whom support may be provided under
arrangements by virtue of sub-paragraph (1) is able to
determine whether such support should be provided to P.”

 

Page 130, line 31, leave out “or 7B” and insert “, 7B or 7C”

 

Page 131, line 1, at beginning insert—

“(1)     Paragraph 16 (orders and regulations) is amended as follows.

(2)     ”

 

Page 131, line 1, leave out from “In” to “after” in line 2 and insert “sub-paragraph
(2)(d)”

 

Page 131, line 3, at end insert—

“(3)     In sub-paragraph (3) after “2(1)(d) or (e)” insert “or 2A(3)(b)”.”

 

Page 131, line 3, at end insert—

“      In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy
agreements) after paragraph 8 insert—

“8A    An agreement under which accommodation is provided to a
person under arrangements made by virtue of paragraph 10A
or 10B of Schedule 3 to the Nationality, Immigration and
Asylum Act 2002 (support for certain persons who are
otherwise ineligible for support by virtue of that Schedule).””

Schedule 11

LORD BATES

 

Page 140, line 16, leave out from “means” to end of line 18 and insert “only a person
who is—

(a)   a member of the Police Service of Northern Ireland,

(b)   a member of the Police Service of Northern Ireland Reserve, or

(c)   a person appointed as a special constable in Northern Ireland by
virtue of provision incorporating section 79 of the Harbours,
Docks, and Piers Clauses Act 1847;”

Clause 47

LORD BATES

 

Page 45, line 29, at beginning insert “in England and Wales or Scotland,”

 

Page 45, line 31, at end insert—

“( )   in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/
350) in respect of whom the public authority is the hirer within the
meaning of those regulations,”

 

Page 45, line 35, at beginning insert “in relation to England and Wales and
Scotland,”

 

Page 45, line 36, after “1996,” insert—

“( )   in relation to Northern Ireland, has the meaning given by Article
236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI
1996/1919 (NI 16)),”

Clause 48

LORD BATES

 

Page 46, line 17, after “Part” insert “in relation to those functions”

 

Page 46, line 20, at end insert—

“(4A)    A person who exercises functions in relation to Wales is a public authority
for the purposes of this Part in relation to those functions only if and to the
extent that those functions relate to a matter which is outside the legislative
competence of the National Assembly for Wales.

(4B)    A person who exercises functions in relation to Northern Ireland is a public
authority for the purposes of this Part in relation to those functions only if
and to the extent that those functions relate to an excepted matter.

(4C)    In subsection (4B) “Northern Ireland” and “excepted matter” have the same
meanings as in the Northern Ireland Act 1998.”

Clause 49

LORD BATES

 

Page 46, line 42, leave out “or”

 

Page 47, line 1, at beginning insert “in England and Wales or Scotland,”

 

Page 47, line 3, at end insert “, or

( )   in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/
350) in respect of whom the contractor is the hirer within the
meaning of those regulations.”

Clause 52

LORD BATES

 

Page 48, line 5, leave out “in both England and” and insert “outside Wales and in”

Clause 53

LORD BATES

 

Page 48, line 18, at end insert—

““Wales” has the same meaning as in the Government of Wales Act
2006.”

Clause 64

LORD BATES

 

Page 54, line 1, leave out subsection (3)

 

Prepared 22nd January 2016