Immigration Bill (HL Bill 79)

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36 Deemed refusal of leave to enter: repeals

(1) In the Immigration Act 1971 omit paragraph 2A(9) of Schedule 2 (deemed
refusal of leave to enter).

(2) In consequence of the repeal made by this section, paragraph 23 of Schedule 9
5to the Immigration Act 2014 is repealed.

(3) The repeals made by this section do not apply in relation to a person if,
immediately before the coming into force of this section, the person’s appeal
by virtue of paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 against
the cancellation of the person’s leave to enter under paragraph 2A(8) of that
10Schedule was pending within the meaning of section 104 of the Nationality,
Immigration and Asylum Act 2002.

Part 5 Support etc for certain categories of migrant

Support

37 15Support for certain categories of migrant

Schedule 8 (support for certain categories of migrant) has effect.

38 Availability of local authority support

Schedule 9 (availability of local authority support) has effect.

Transfer of responsiblity for relevant children

39 20Transfer of responsibility for relevant children

(1) This section applies in relation to a local authority in England (“the first
authority”) if—

(a) the authority has functions under any of the provisions of or made
under Part 3, 4 or 5 of the Children Act 1989 (support for children and
25families and care, supervision and protection of children) (“the relevant
provisions”) in relation to a relevant child, or

(b) functions under any of the relevant provisions may be conferred on the
authority in relation to a relevant child.

(2) The first authority may make arrangements with another local authority in
30England (“the second authority”) under which—

(a) if this section applies to the authority by virtue of paragraph (a) of
subsection (1), the functions mentioned in that paragraph become
functions of the second authority in relation to the relevant child, and

(b) if this section applies to the authority by virtue of paragraph (b) of
35subsection (1), the functions mentioned in that paragraph become
functions that may be conferred on the second authority in relation to
the relevant child.

(3) The effect of arrangements under this section is that, from the time at which the
arrangements have effect in accordance with their terms—

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(a) functions under the relevant provisions cease to be functions of, and
may not be conferred on, the first authority in relation to the relevant
child (“C”),

(b) any of the relevant provisions which immediately before that time
5applied in relation to C as a result of C’s connection with the first
authority or the area of the first authority have effect as if C had that
connection with the second authority or the area of the second
authority (if that would not otherwise be the case), and

(c) C is to be treated for the purposes of the relevant provisions as if C were
10not and had never been ordinarily resident in the area of the first
authority (if that would otherwise be the case).

(4) Subsection (3)(b) is subject to any change in C’s circumstances after the time at
which the arrangements have effect.

(5) Nothing in subsection (3) affects any liability of the first authority in relation to
15C for any act or omission of the first authority before the time at which the
arrangements have effect.

(6) The Secretary of State may by regulations make further provision about the
effect of arrangements under this section.

(7) Arrangements under this section may not be brought to an end by the first or
20second authority once they have come into effect.

(8) In this section “local authority” means a local authority within the meaning of
the Children Act 1989 (see section 105(1) of that Act).

(9) In this section “relevant child” means—

(a) a person under the age of 18 who is unaccompanied and has made a
25protection claim which has not been determined, or

(b) a person under the age of 18 who is unaccompanied and who—

(i) requires leave to enter or remain in the United Kingdom but
does not have it, and

(ii) is a person of a kind specified in regulations made by the
30Secretary of State.

(10) The Secretary of State may by regulations make provision about the meaning
of “unaccompanied” for the purposes of subsection (9).

(11) In subsection (9)

(a) “protection claim” has the meaning given by section 82(2) of the
35Nationality, Immigration and Asylum Act 2002, and

(b) the reference to a protection claim having been determined is to be
construed in accordance with section 94(3) of the Immigration and
Asylum Act 1999.

40 Duty to provide information for the purposes of transfers of responsibility

(1) 40The Secretary of State may direct a local authority in England to provide
information of the kind specified in subsection (2) to the Secretary of State for
the purposes of enabling—

(a) arrangements to be made under section 39, or

(b) the Secretary of State to exercise functions under section 42.

(2) 45The information mentioned in subsection (1) is—

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(a) information about the support or accommodation provided to children
who are looked after by the local authority within the meaning of the
Children Act 1989;

(b) such other information as may be specified in regulations made by the
5Secretary of State.

(3) A local authority which is directed to provide information under this section
must provide it—

(a) in such form and manner as the Secretary of State may direct, and

(b) before such time or before the end of such period as the Secretary of
10State may direct.

(4) In this section “local authority” has the same meaning as in section 39.

41 Request for transfer of responsibility for relevant children

(1) Subsection (2) applies if—

(a) a local authority in England (“the first authority”) requests another
15local authority in England (“the second authority”) to enter into
arrangements under section 39, and

(b) the second authority does not comply with the first authority’s request.

(2) The Secretary of State may direct the second authority to provide the first
authority and the Secretary of State with written reasons for its failure to
20comply with the request.

(3) In this section “local authority” has the same meaning as in section 39.

42 Scheme for transfer of responsibility for relevant children

(1) The Secretary of State may prepare a scheme for functions of, or which may be
conferred on, a local authority in England (“the first authority”) to become
25functions of, or functions which may be conferred on, another local authority
in England (“the second authority”) in accordance with arrangements under
section 39.

(2) The scheme—

(a) must specify the local authorities to which it relates, and

(b) 30unless it relates to all relevant children who may be the subject of
arrangements under that section between those authorities, must
specify the relevant child or children, or descriptions of relevant
children, to which it relates.

(3) The Secretary of State may direct the first authority and the second authority
35to comply with the scheme.

(4) A direction may not be given under subsection (3) unless the Secretary of State
is satisfied that compliance with the direction will not unduly prejudice the
discharge by the second authority of any of its functions.

(5) Before giving a direction under subsection (3) to a local authority, the Secretary
40of State must give the authority notice in writing of the proposed direction.

(6) The Secretary of State may not give a direction to a local authority before the
end of the period of 14 days beginning with the day on which notice under
subsection (5) was given to it.

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(7) The local authority may make written representations to the Secretary of State
about the proposed direction within that period.

(8) The Secretary of State may modify or withdraw a direction under subsection
(3) by notice in writing to the local authorities to which it was given.

(9) 5A modification or withdrawal of a direction does not affect any arrangements
made under section 39 pursuant to the direction before it was modified or
withdrawn.

(10) Subsections (5) to (7) apply to the modification or withdrawal of a direction as
they apply to the giving of a direction, but as if—

(a) 10the reference to the proposed direction were to the proposed
modification or proposal to withdraw the direction, and

(b) subsection (6) permitted the Secretary of State to withdraw the
direction before the end of the 14 day period with the agreement of the
local authorities to which it applies.

(11) 15In this section “local authority” and “relevant child” have the same meanings
as in section 39.

43 Extension to Wales, Scotland and Northern Ireland

(1) The Secretary of State may by regulations make such provision as the Secretary
of State considers appropriate for enabling any of the provisions of sections 39
20to 42 to apply in relation to Wales, Scotland or Northern Ireland.

(2) The Secretary of State may by regulations make provision which—

(a) has a similar effect to any of the provisions mentioned in subsection (1),
and

(b) applies in relation to Wales, Scotland or Northern Ireland.

(3) 25Regulations under subsection (1) or (2) may—

(a) amend, repeal or revoke any enactment (including an enactment
contained in this Act);

(b) confer functions on any person (including a power to make
regulations).

(4) 30Regulations under subsection (1) or (2) may not confer functions on—

(a) the Welsh Ministers,

(b) the Scottish Ministers,

(c) the First Minister and deputy First Minister in Northern Ireland,

(d) a Northern Ireland Minister, or

(e) 35a Northern Ireland department.

(5) In this section “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 or
40Measure of the National Assembly for Wales;

(c) an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament;

(d) an enactment contained in, or in an instrument made under, Northern
Ireland legislation.

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Part 6 Border security

44 Penalties relating to airport control areas

(1) In paragraph 26 of Schedule 2 to the Immigration Act 1971 (supplementary
5duties of those connected with ships or aircraft or with ports) after sub-
paragraph (3A) insert—

(4) Part 1A of this Schedule makes provision for and in connection with
the imposition of a penalty for certain breaches of sub-paragraph (2)
or (3).”

(2) 10In that Schedule after Part 1 insert the Part 1A set out in Schedule 10.

45 Maritime enforcement

Schedule 11 (maritime enforcement) has effect.

46 Persons excluded from the United Kingdom under international obligations

(1) In section 8 of the Immigration Act 1971 (exceptions for seamen, aircrews and
15other special cases) in subsection (5) after “expired” insert “or otherwise ceased
to be in force”.

(2) In section 8A of that Act (persons ceasing to be exempt) after subsection (3)
insert—

(4) References in this section to a person who ceases to be exempt do not
20include a person who ceases to be exempt by virtue of section 8B(3).”

(3) Section 8B of that Act (persons excluded from the United Kingdom under
international obligations) is amended as follows.

(4) In subsection (1) after paragraph (b) insert—

“(and any leave given to a person who is an excluded person is
25invalid)”.

(5) For subsection (3) substitute—

(3) Any exemption of a person from the provisions of this Act under
section 8(1), (2) or (3) does not apply while the person is an excluded
person.”

(6) 30In subsection (4) for “a designated instrument” substitute “an instrument
falling within subsection (5)”.

(7) In subsection (5) for “The Secretary of State may by order designate an
instrument” substitute “An instrument falls within this subsection”.

(8) After subsection (5) insert—

(5A) 35Subsection (1), (2) or (3) does not apply to a person if—

(a) the application of that subsection to that person would be
contrary to the United Kingdom’s obligations under—

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(i) the Human Rights Convention (within the meaning
given by section 167(1) of the Immigration and Asylum
Act 1999), or

(ii) the Refugee Convention (within the meaning given by
5that provision), or

(b) the person has been exempted from the application of that
subsection under a process applying by virtue of the instrument
falling within subsection (5).”

(9) Omit subsections (6) to (8).

10Part 7 Language requirements for public sector workers

47 English language requirements for public sector workers

(1) A public authority must ensure that each person who works for the public
authority in a customer-facing role speaks fluent English.

(2) 15In determining how to comply with subsection (1), a public authority must
have regard to the code of practice under section 50 that is for the time being
applicable to that authority.

(3) A public authority must operate an adequate procedure for enabling
complaints to be made to the authority about breaches by the authority of
20subsection (1) and for the consideration of such complaints.

(4) In determining whether a procedure is adequate for the purposes of subsection
(3), a public authority must have regard to the code of practice under section
50 that is for the time being applicable to that authority.

(5) For the purposes of this Part a person works for a public authority if the person
25works—

(a) under a contract of employment with the public authority,

(b) under a contract of apprenticeship with the public authority,

(c) under a contract to do work personally with the public authority,

(d) as an agency worker within the meaning of the Agency Workers
30Regulations 2010 (SI 2010/93SI 2010/93) in respect of whom the public authority
is the hirer within the meaning of those regulations,

(e) for the public authority as a constable, or

(f) for the public authority in the course of Crown employment.

(6) In subsection (5) “Crown employment”—

(a) 35has the meaning given by section 191(3) of the Employment Rights Act
1996, and

(b) includes service as a member of the armed forces of the Crown and
employment by an association established for the purposes of Part 11
of the Reserve Forces Act 1996.

(7) 40References in this Part to a person who works in a customer-facing role are to
a person who, as a regular and intrinsic part of the person’s role, is required to
speak to members of the public in English.

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(8) For the purposes of this Part a person speaks fluent English if the person has a
command of spoken English which is sufficient to enable the effective
performance of the person’s role.

(9) This section applies in relation to a person who is working in a customer-facing
5role for a public authority when this section comes into force as well as to a
person who begins to work in such a role after that time.

(10) This section does not apply in relation to a person whose work is carried out
wholly or mainly outside the United Kingdom.

48 Meaning of “public authority”

(1) 10Subject as follows, in this Part “public authority” means a person with
functions of a public nature.

(2) A person is not a public authority for the purposes of this Part if, apart from
this subsection, the person would be a public authority for those purposes
merely because the person exercises functions on behalf of another public
15authority.

(3) A person who exercises functions in relation to Scotland is a public authority
for the purposes of this Part only if and to the extent that those functions relate
to a reserved matter.

(4) In subsection (3) “Scotland” and “reserved matter” have the same meanings as
20in the Scotland Act 1998.

(5) The following are not public authorities for the purposes of this Part—

(a) the Security Service;

(b) the Secret Intelligence Service;

(c) the Government Communications Headquarters.

(6) 25The relevant Minister may by regulations amend subsection (5) so as to add,
modify or remove a reference to a person or description of person with
functions of a public nature.

49 Power to expand meaning of person working for public authority

(1) The relevant Minister may by regulations amend section 47 with the effect that
30a person who works for a contractor of a public authority is a person who
works for the authority for the purposes of this Part.

(2) In subsection (1) “contractor”, in relation to a public authority, means a person
who—

(a) provides a service to members of the public as a result of an
35arrangement made with a public authority (whether or not by that
person), but

(b) is not a public authority.

(3) For the purposes of subsection (1) a person works for a contractor if the person
works—

(a) 40under a contract of employment with the contractor,

(b) under a contract of apprenticeship with the contractor,

(c) under a contract to do work personally with the contractor, or

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(d) as an agency worker within the meaning of the Agency Workers
Regulations 2010 (SI 2010/93SI 2010/93) in respect of whom the contractor is the
hirer within the meaning of those regulations.

50 Duty to issue codes of practice

(1) 5The relevant Minister must issue a code or codes of practice for the purposes
of section 47.

(2) A code of practice must include provision about the following matters—

(a) the standard of spoken English to be met by a person working for a
public authority to which the code applies in a customer-facing role;

(b) 10the action available to such a public authority where such a person does
not meet that standard;

(c) the procedure to be operated by such a public authority for enabling
complaints to be made to the authority about breaches by the authority
of section 47(1) and for the consideration of such complaints;

(d) 15how the public authority is to comply with its other legal obligations as
well as complying with the duty in section 47(1).

(3) A code of practice may make such other provision as the relevant Minister
considers appropriate for securing that a person who works for a public
authority to which the code applies in a customer-facing role speaks fluent
20English.

(4) A code of practice may make provision in relation to—

(a) all public authorities,

(b) particular descriptions of public authority, or

(c) particular public authorities.

(5) 25But the relevant Minister must ensure that there is at all times a code of practice
in force which applies to each public authority.

(6) A code of practice may make different provision for different purposes,
including different provision for different public authorities or descriptions of
public authority.

51 30Procedure for codes of practice

(1) In preparing a code of practice the relevant Minister must consult such persons
as the relevant Minister thinks appropriate.

(2) Before issuing a code of practice the relevant Minister must lay a draft of the
code before Parliament.

(3) 35A code of practice comes into force in accordance with provision made by
regulations made by the relevant Minister.

(4) After a code of practice has come into force the relevant Minister must publish
it in such manner as the relevant Minister thinks appropriate.

(5) The relevant Minister may from time to time review a code of practice and may
40revise and re-issue it following a review.

(6) References in subsections (1) to (4) to a code of practice include a revised code.

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52 Application of Part to Wales

(1) Subsection (2) makes provision about the application of this Part in relation
to—

(a) a public authority that exercises functions only in Wales, and

(b) 5a public authority that exercises functions in both England and Wales,
to the extent that it exercises functions in Wales.

(2) In the provisions of this Part listed in subsection (3) references to English are to
be read as references to English or Welsh.

(3) Those provisions are—

(a) 10section 47(1), (7) and (8), and

(b) section 50(2)(a) and (3).

53 Interpretation of Part

In this Part—

  • “contract” means a contract whether express or implied and, if express,
    15whether oral or in writing;

  • “public authority” has the meaning given by section 48;

  • “relevant Minister” means the Secretary of State or the Chancellor of the
    Duchy of Lancaster.

54 Crown application

20This Part binds the Crown.

Part 8 Fees and charges

Immigration

55 Immigration skills charge

(1) 25The Immigration Act 2014 is amended as follows.

(2) After section 70 insert—

70A Immigration skills charge

(1) The Secretary of State may by regulations provide for a charge to be
imposed on—

(a) 30persons who make immigration skills arrangements, or

(b) any description of such persons.

(2) “Immigration skills arrangements” are arrangements made by a person
(“the sponsor”) with the Secretary of State with a view to securing that
an individual who is not exempt for the purposes of this section is
35granted entry clearance or leave to remain in the United Kingdom to
enable the individual to work for the sponsor in the United Kingdom.

(3) Regulations under this section may in particular—

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(a) impose a separate charge on a sponsor in respect of each
individual in relation to whom the sponsor makes immigration
skills arrangements;

(b) specify the amount of any charge (and different amounts may
5be specified for different purposes);

(c) make provision about when or how a charge may or must be
paid to the Secretary of State;

(d) make provision about the consequences of a sponsor failing to
pay a charge;

(e) 10provide for exemptions from a charge;

(f) provide for the reduction, waiver or refund of part or all of a
charge (whether by conferring a discretion or otherwise).

(4) Sums paid by virtue of regulations under this section must—

(a) be paid into the Consolidated Fund, or

(b) 15be applied in such other way as the regulations may specify.

(5) Regulations under this section may be made only with the consent of
the Treasury.

(6) An individual is exempt for the purposes of this section if he or she is—

(a) a British citizen;

(b) 20a national of an EEA State other than the United Kingdom;

(c) a national of Switzerland;

(d) otherwise entitled to enter or remain in the United Kingdom by
virtue of an enforceable EU right or of any provision made
under section 2(2) of the European Communities Act 1972.

(7) 25In this section “entry clearance” has the meaning given by section 33(1)
of the Immigration Act 1971.”

(3) In section 74(2) (orders and regulations which are subject to affirmative
resolution procedure) after paragraph (j) insert—

(ja) regulations under section 70A;”.

30Passports and civil registration

56 Power to make passport fees regulations

(1) The Secretary of State may by regulations provide for fees to be charged in
respect of the exercise by the Secretary of State of such functions in connection
with applications for the issue of a passport or other travel document as may
35be specified.

(2) Regulations under subsection (1) are referred to in this section and section 57
as “passport fees regulations”.

(3) Passport fees regulations must provide for the fee in respect of the exercise of
each specified function to comprise one or more amounts each of which is—

(a) 40a specified fixed amount, or

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