Immigration Bill (HL Bill 96)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately
as HL Bill 79—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Bates 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

    Labour market and illegal working

    1. Chapter 1

      Labour market

      1. Director of Labour Market Enforcement

        1. 1. Director of Labour Market Enforcement

        2. 2. Labour market enforcement strategy

        3. 3. Non-compliance in the labour market etc: interpretation

        4. 4. Annual and other reports

        5. 5. Publication of strategy and reports

        6. 6. Information hub

        7. 7. Restriction on exercising functions in relation to individual cases

      2. Gangmasters and Labour Abuse Authority

        1. 8. Renaming of Gangmasters Licensing Authority

        2. 9. Functions in relation to labour market

        3. 10. PACE powers in England and Wales for labour abuse prevention officers

        4. 11. Relationship with other agencies: requests for assistance

      3. Labour market enforcement undertakings

        1. 12. Power to request LME undertaking

        2. 13. Measures in LME undertakings

        3. 14. Duration

        4. 15. Further provision about giving notice under section 12

      4. Labour market enforcement orders

        1. 16. Power to make LME order on application

        2. 17. Applications

        3. 18. Power to make LME order on conviction

        4. 19. Measures in LME orders

        5. 20. Further provision about LME orders

        6. 21. Variation and discharge

        7. 22. Appeals

      5. LME undertakings and orders: supplementary

        1. 23. Code of practice

        2. 24. Investigative functions

        3. 25. Offence

        4. 26. Offences by bodies corporate

        5. 27. Application to unincorporated associations

        6. 28. Application to partnerships

      6. Supplementary provision

        1. 29. Consequential and related amendments

        2. 30. Regulations under Chapter 1

        3. 31. Interpretation of Chapter 1

    2. Chapter 2

      Illegal working

      1. Offences

        1. 32. Offence of illegal working

        2. 33. Offence of employing illegal worker

      2. Illegal working in licensed premises

        1. 34. Licensing Act 2003: amendments relating to illegal working

      3. Illegal working in relation to private hire vehicles etc

        1. 35. Private hire vehicles etc

      4. Illegal working notices and orders

        1. 36. Illegal working closure notices and illegal working compliance orders

  2. Part 2

    Access to services

    1. Residential tenancies

      1. 37. Offence of leasing premises

      2. 38. Eviction

      3. 39. Order for possession of dwelling-house

      4. 40. Extension to Wales, Scotland and Northern Ireland

    2. Driving

      1. 41. Powers to carry out searches relating to driving licences

      2. 42. Offence of driving when unlawfully in the United Kingdom

    3. Bank accounts

      1. 43. Bank accounts

  3. Part 3

    Enforcement

    1. Powers of immigration officers etc

      1. 44. Powers in connection with examination, detention and removal

      2. 45. Search of premises in connection with imposition of civil penalty

      3. 46. Seizure and retention in relation to offences

      4. 47. Duty to pass on items seized under section 46

      5. 48. Retention of things seized under Part 3 of the Immigration Act 1971

      6. 49. Search for nationality documents by detainee custody officers etc

      7. 50. Seizure of nationality documents by detainee custody officers etc

      8. 51. Amendments relating to sections 49 and 50

      9. 52. Amendments to search warrant provisions

      10. 53. Supply of information to Secretary of State

      11. 54. Detention etc. by immigration officers in Scotland

      12. 55. Powers to take fingerprints etc. from dependants

      13. 56. Interpretation of Part

    2. Immigration bail

      1. 57. Immigration bail

    3. Power to cancel leave

      1. 58. Power to cancel leave extended under section 3C of the Immigration Act 1971

  4. Part 4

    Appeals

    1. 59. Appeals within the United Kingdom: certification of human rights claims

    2. 60. Continuation of leave: repeals

    3. 61. Deemed refusal of leave to enter: repeals

  5. Part 5

    Support etc for certain categories of migrant

    1. Support

      1. 62. Support for certain categories of migrant

      2. 63. Availability of local authority support

    2. Transfer of responsibility for relevant children

      1. 64. Transfer of responsibility for relevant children

      2. 65. Duty to provide information for the purposes of transfers of responsibility

      3. 66. Request for transfer of responsibility for relevant children

      4. 67. Scheme for transfer of responsibility for relevant children

      5. 68. Extension to Wales, Scotland and Northern Ireland

  6. Part 6

    Border security

    1. 69. Penalties relating to airport control areas

    2. 70. Maritime enforcement

    3. 71. Persons excluded from the United Kingdom under international obligations

  7. Part 7

    Language requirements for public sector workers

    1. 72. English language requirements for public sector workers

    2. 73. Meaning of “public authority”

    3. 74. Power to expand meaning of person working for public authority

    4. 75. Duty to issue codes of practice

    5. 76. Procedure for codes of practice

    6. 77. Application of Part to Wales

    7. 78. Interpretation of Part

    8. 79. Crown application

  8. Part 8

    Fees and charges

    1. Immigration

      1. 80. Immigration skills charge

    2. Passports and civil registration

      1. 81. Power to make passport fees regulations

      2. 82. Passport fees regulations: supplemental

      3. 83. Power to charge for passport validation services

      4. 84. Civil registration fees

  9. Part 9

    Final provisions

    1. 85. Financial provisions

    2. 86. Transitional and consequential provision

    3. 87. Regulations

    4. 88. Commencement

    5. 89. Extent

    6. 90. Short title

    1. Schedule 1

      Functions in relation to labour market

    2. Schedule 2

      Consequential and related amendments

    3. Schedule 3

      Licensing Act 2003: amendments relating to illegal working

      1. Part 1

        Entitlement to work in the United Kingdom

      2. Part 2

        Premises licences

      3. Part 3

        Personal licences

      4. Part 4

        Rights of entry

      5. Part 5

        Appeals

      6. Part 6

        General

      7. Part 7

        Transitional provision

    4. Schedule 4

      Private hire vehicles etc

    5. Schedule 5

      Illegal working closure notices and illegal working compliance
      orders

    6. Schedule 6

      Bank accounts

    7. Schedule 7

      Amendments to search warrant provisions

    8. Schedule 8

      Duty to supply nationality documents to Secretary of State:
      persons to whom duty applies

    9. Schedule 9

      Immigration bail

      1. Part 1

        Main provisions

      2. Part 2

        Amendments to other Acts

    10. Schedule 10

      Support for certain categories of migrant

      1. Part 1

        Amendments of the Immigration Acts

      2. Part 2

        Transitional and saving provision

    11. Schedule 11

      Availability of local authority support

    12. Schedule 12

      Penalties relating to airport control areas

    13. Schedule 13

      Maritime enforcement

    14. Schedule 14

      Civil registration fees

      1. Part 1

        Powers to make regulations for the charging of fees

      2. Part 2

        Consequential and related amendments