Immigration Bill (HL Bill 96)

warrant, and whether the officer seeks a warrant
authorising an unlimited number of entries, or (if not)
the maximum number of entries desired;”, and”

(b) for paragraph (b) substitute—

“(b) 5specify the matters set out in subsection (2A) below;
and”.

(3) After subsection (2) insert—

“(2A) The matters which must be specified pursuant to subsection (2)(b)
above are—

(a) 10if the application relates to one or more sets of premises
specified in the application, each set of premises which it is
desired to enter and search;

(b) if the application relates to any premises occupied or
controlled by a person specified in the application—

(i) 15as many sets of premises which it is desired to enter
and search as it is reasonably practicable to specify;

(ii) the person who is in occupation or control of those
premises and any others which it is desired to enter
and search;

(iii) 20why it is necessary to search more premises than
those specified under sub-paragraph (i);

(iv) why it is not reasonably practicable to specify all the
premises which it is desired to enter and search.”

(4) In subsection (6) at the end insert “unless it specifies that it authorises
25multiple entries”.

(5) After subsection (6) insert—

“(6A) If it specifies that it authorises multiple entries, it must also specify
whether the number of entries authorised is unlimited, or limited to
a specified maximum.”

(6) 30In subsection (7) for paragraph (c) substitute—

“(c) each set of premises to be searched, or (in the case of an all
premises warrant) the person who is in occupation or control
of premises to be searched, together with any premises under
the person’s occupation or control which can be specified and
35which are to be searched; and”.

(7) For subsection (9) substitute—

“(9) Two copies must be made of a warrant which specifies only one set
of premises and does not authorise multiple entries; and as many
copies as are reasonably required may be made of any other kind of
40warrant.”

(8) After subsection (10) insert—

“(10A) “All premises warrant” means a warrant issued in response to an
application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or
28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.

(10B) References in this section to a warrant authorising multiple entries is
to a warrant of the kind mentioned in section 24E(8), 28D(1C) or
28FB(3A) or paragraph 25A(6AC) of Schedule 2.”

5 (1) Section 28K (execution of warrants) is amended as follows.

(2) 5After subsection (2) insert—

“(2A) A person so authorised has the same powers as the officer whom the
person accompanies in respect of—

(a) the execution of the warrant, and

(b) the seizure or detention of anything to which the warrant
10relates.

(2B) But the person may exercise those powers only in the company, and
under the supervision, of an immigration officer.”

(3) In subsection (3) for “one month” substitute “three months”.

(4) After subsection (3) insert—

“(3A) 15If the warrant is an all premises warrant, no premises which are not
specified in it may be entered or searched unless an immigration
officer of at least the rank of chief immigration officer has in writing
authorised them to be entered.

(3B) No premises may be entered or searched for the second or any
20subsequent time under a warrant which authorises multiple entries
unless an immigration officer of at least the rank of chief immigration
officer has in writing authorised that entry to those premises.”

(5) In subsection (4)(a) after “and” insert “, if not in uniform,”.

(6) After subsection (8) insert—

“(8A) 25Unless the warrant is a warrant specifying one set of premises only,
the officer must comply with subsection (8) separately in respect of
each set of premises entered and searched.

(8B) Subject to subsection (8C), a warrant must be returned in accordance
with subsection (9)—

(a) 30when it has been executed, or

(b) in the case of a specific premises warrant which has not been
executed, an all premises warrant or any warrant authorising
multiple entries, on the expiry of the period of three months
referred to in subsection (3) or sooner.

(8C) 35Subsection (8B) does not apply to a warrant issued by a justice of the
peace in Scotland or by the sheriff if the warrant has been executed.”

(7) In subsection (9) for the words from “A warrant” to “its execution,”
substitute “The warrant”.

(8) After subsection (13) insert—

“(13A) 40In subsection (8B)—

• “specific premises warrant” means a warrant which is not an all
  premises warrant;

Immigration BillPage 143

• “all premises warrant” means a warrant issued in response to an
  application of the kind mentioned in section 24E(6)(b),
  28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of
  Schedule 2.

(13B) 5The reference in subsection (8B) to a warrant authorising multiple
entries is to a warrant of the kind mentioned in section 24E(8),
28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.”

6 (1) Paragraph 25A of Schedule 2 (search of premises for nationality documents)
is amended as follows.

(2) 10In sub-paragraph (6A)—

(a) for “specified in the application” substitute “mentioned in sub-
paragraph (6AA)”, and

(b) at the end of paragraph (b) insert “in relation to each set of premises
specified in the application.”

(3) 15After sub-paragraph (6A) insert—

“(6AA) The premises referred to in sub-paragraph (6A) above are—

(a) one or more sets of premises specified in the application, or

(b) subject to sub-paragraph (6BA), any premises occupied or
controlled by a person specified in the application, including
20such sets of premises as are so specified (in which case the
application is for an “all premises warrant”).

(6AB) If the application is for an all premises warrant, the justice of the
peace must also be satisfied—

(a) that there are reasonable grounds for believing that it is
25necessary to search premises occupied or controlled by the
person in question which are not specified in the application
in order to find the relevant documents, and

(b) that it is not reasonably practicable to specify in the
application all the premises which the person occupies or
30controls and which might need to be searched.

(6AC) Subject to sub-paragraph (6BA), the warrant may authorise entry to
and search of premises on more than one occasion if, on the
application, the justice of the peace is satisfied that it is necessary to
authorise multiple entries in order to achieve the purpose for which
35the justice issues the warrant.

(6AD) If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.”

(4) In sub-paragraph (6B) after “conditions” insert “mentioned in sub-
paragraph (6A)(b)”.

(5) 40After sub-paragraph (6B) insert—

“(6BA) A justice of the peace in Scotland may not issue—

(a) an all premises warrant under this paragraph, or

(b) a warrant under this paragraph authorising multiple
entries.”

(6) 45In sub-paragraph (6C) for “sub-paragraph (6A)” substitute “sub-paragraphs
(6A) to (6BA)”.

UK Borders Act 2007 (c. 30)

7 (1) Section 45 of the UK Borders Act 2007 (search of premises for nationality
documents) is amended as follows.

(2) In subsection (2)—

(a) 5in paragraph (b) for “specified in the application” substitute
“mentioned in subsection (2A)”, and

(b) at the end of paragraph (d) insert “in relation to each set of premises
specified in the application.”

(3) After subsection (2) insert—

“(2A) 10The premises referred to in subsection (2)(b) above are—

(a) one or more sets of premises specified in the application, or

(b) subject to subsection (3A), any premises occupied or
controlled by a person specified in the application, including
such sets of premises as are so specified (in which case the
15application is for an “all premises warrant”).

(2B) If the application is for an all premises warrant, the justice of the
peace must also be satisfied—

(a) that there are reasonable grounds for believing that it is
necessary to search premises occupied or controlled by the
20person in question which are not specified in the application
in order to find the nationality documents, and

(b) that it is not reasonably practicable to specify in the
application all the premises which the person occupies or
controls and which might need to be searched.

(2C) 25Subject to subsection (3A), the warrant may authorise entry to and
search of premises on more than one occasion if, on the application,
the justice of the peace is satisfied that it is necessary to authorise
multiple entries in order to achieve the purpose for which the justice
issues the warrant.

(2D) 30If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.”

(4) In subsection (3) after “conditions” insert “mentioned in subsection (2)(d)”.

(5) After subsection (3) insert—

“(3A) A justice of the peace in Scotland may not issue—

(a) 35an all premises warrant under this section, or

(b) a warrant under this section authorising multiple entries.”

Section 53

SCHEDULE 8 Duty to supply nationality documents to Secretary of State: persons to whom
duty applies

40This is the new Schedule A1 to the Immigration and Asylum Act 1999

referred to in section 53—

Section 20A

““Schedule A1 Persons to whom section 20A applies

Law enforcement

1 The chief officer of police for a police area in England and Wales.

2 5The chief constable of the Police Service of Scotland.

3 The Chief Constable of the Police Service of Northern Ireland.

4 The Chief Constable of the British Transport Police Force.

5 A Port Police Force established under an order made under
section 14 of the Harbours Act 1964.

6 10The Port Police Force established under Part 10 of the Port of
London Act 1968.

7 A Port Police Force established under section 79 of the Harbours,
Docks and Piers Clauses Act 1847.

8 The National Crime Agency.

15Local government

9 A county council or district council in England.

10 A London borough council.

11 The Greater London Authority.

12 The Common Council of the City of London in its capacity as a
20local authority.

13 The Council of the Isles of Scilly.

14 A county council or a county borough council in Wales.

15 A council constituted under section 2 of the Local Government etc
(Scotland) Act 1994.

16 25A district council in Northern Ireland.

Regulatory bodies

17 The Gangmasters and Labour Abuse Authority.

18 The Security Industry Authority.

Health bodies

19 30An NHS trust established under section 25 of the National Health
Service Act 2006 or under section 18 of the National Health Service
(Wales) Act 2006.

20 An NHS foundation trust within the meaning given by section 30
of the National Health Service Act 2006.

21 A Local Health Board established under section 11 of the National
Health Service (Wales) Act 2006.

22 A National Health Service Trust established under section 12A of
the National Health Service (Scotland) Act 1978.

23 5A Health and Social Care trust established under Article 10 of the
Health and Personal Social Services (Northern Ireland) Order 1991
(SI 1991/194 (NI 1)).

Education bodies

24 The proprietor of a school or 16 to 19 Academy within the meaning
10of the Education Act 1996 (see sections 4 and 579(1) of that Act).

25 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).

26 The governing body of a qualifying institution within the meaning
15of Part 2 of the Higher Education Act 2004 (see sections 11 and 21
of that Act).

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

28 20The 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).

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

30 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).

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

Registration officials

32 The Registrar General for England and Wales.

33 A superintendent registrar of births, deaths and marriages.

34 35A registrar of births, deaths and marriages.

35 A civil partnership registrar within the meaning of Chapter 1 of
Part 2 of the Civil Partnership Act 2004 (see section 29 of that Act).

36 The Registrar General for Scotland.

37 A district registrar within the meaning of section 7 of the
40Registration of Births, Deaths and Marriages (Scotland) Act 1965.

38 A senior registrar within the meaning of that section.

39 An assistant registrar within the meaning of that section.

40 The Registrar General for Northern Ireland.

41 A person appointed under Article 31(1) or (3) of the Marriage
(Northern Ireland) Order 2003 (SI 2003/413 (NI 3)).

42 5A person appointed under section 152(1) or (3) of the Civil
Partnership Act 2004.

Other bodies: Northern Ireland

43 The Northern Ireland Housing Executive.”

Section 57

SCHEDULE 9 10Immigration bail

Part 1 Main provisions

Power to grant immigration bail

1 (1) The Secretary of State may grant a person bail if—

(a) 15the person is being detained under paragraph 16(1), (1A) or (2) of
Schedule 2 to the Immigration Act 1971 (detention of persons liable
to examination or removal),

(b) the person is being detained under paragraph 2(1), (2) or (3) of
Schedule 3 to that Act (detention pending deportation),

(c) 20the person is being detained under section 62 of the Nationality,
Immigration and Asylum Act 2002 (detention of persons liable to
examination or removal), or

(d) the person is being detained under section 36(1) of the UK Borders
Act 2007 (detention pending deportation).

(2) 25The Secretary of State may grant a person bail if the person is liable to
detention under a provision mentioned in sub-paragraph (1).

(3) The First-tier Tribunal may, on an application made to the Tribunal for the
grant of bail to a person, grant that person bail if—

(a) the person is being detained under paragraph 16(1), (1A) or (2) of
30Schedule 2 to the Immigration Act 1971,

(b) the person is being detained under paragraph 2(1), (2) or (3) of
Schedule 3 to that Act,

(c) the person is being detained under section 62 of the Nationality,
Immigration and Asylum Act 2002, or

(d) 35the person is being detained under section 36(1) of the UK Borders
Act 2007.

(4) In this Schedule references to the grant of immigration bail, in relation to a
person, are to the grant of bail to that person under any of sub-paragraphs
(1) to (3) or under paragraph 8(12) or (13) (release following arrest for breach
40of bail conditions).

(5) A person may be granted and remain on immigration bail even if the person
can no longer be detained, if—

(a) the person is liable to detention under a provision mentioned in sub-
paragraph (1), or

(b) 5the Secretary of State is considering whether to make a deportation
order against the person under section 5(1) of the Immigration Act
1971.

(6) A grant of immigration bail to a person does not prevent the person’s
subsequent detention under a provision mentioned in sub-paragraph (1).

(7) 10For the purposes of this Schedule a person is on immigration bail from when
a grant of immigration bail to the person commences to when it ends.

(8) A grant of immigration bail to a person ends when—

(a) in a case where sub-paragraph (5) applied to the person, that sub-
paragraph no longer applies to the person,

(b) 15the person is granted leave to enter or remain in the United
Kingdom,

(c) the person is detained under a provision mentioned in sub-
paragraph (1), or

(d) the person is removed from or otherwise leaves the United
20Kingdom.

(9) This paragraph is subject to paragraph 3 (exercise of power to grant
immigration bail).

Conditions of immigration bail

2 (1) If immigration bail is granted to a person, it must be granted subject to one
25or more of the following conditions—

(a) a condition requiring the person to appear before the Secretary of
State or the First-tier Tribunal at a specified time and place;

(b) a condition restricting the person’s work, occupation or studies in
the United Kingdom;

(c) 30a condition about the person’s residence;

(d) a condition requiring the person to report to the Secretary of State or
such other person as may be specified;

(e) an electronic monitoring condition (see paragraph 4);

(f) such other conditions as the person granting the immigration bail
35thinks fit.

(2) Immigration bail may also be granted subject to a financial condition (see
paragraph 5).

(3) Sub-paragraph (4) applies if the First-tier Tribunal grants immigration bail
to a person but—

(a) 40does not grant it subject to a condition about the person’s residence,
or

(b) does not grant it subject to an electronic monitoring condition.

(4) The Secretary of State may impose such a condition on the person.

(5) If the First-tier Tribunal grants bail to a person subject to a condition about
45the person’s residence, the Secretary of State may impose a different

condition of that kind on the person in place of the condition imposed by the
Tribunal.

(6) In this Schedule “bail condition”, in relation to a person on immigration bail,
means a condition to which the person’s bail is subject.

5Exercise of power to grant immigration bail

3 (1) The Secretary of State or the First-tier Tribunal must have regard to the
matters listed in sub-paragraph (2) in determining—

(a) whether to grant immigration bail to a person, and

(b) the conditions to which a person’s immigration bail is to be subject.

(2) 10Those matters are—

(a) the likelihood of the person failing to comply with a bail condition,

(b) whether the person has been convicted of an offence (whether in or
outside the United Kingdom or before or after the coming into force
of this paragraph),

(c) 15the likelihood of a person committing an offence while on
immigration bail,

(d) the likelihood of the person’s presence in the United Kingdom, while
on immigration bail, causing a danger to public health or being a
threat to the maintenance of public order,

(e) 20whether the person’s detention is necessary in that person’s interests
or for the protection of any other person, and

(f) such other matters as the Secretary of State or the First-tier Tribunal
thinks relevant.

(3) A person who is being detained under paragraph 16(1) of Schedule 2 to the
25Immigration Act 1971 must not be granted immigration bail by the First-tier
Tribunal until after the end of the period of 8 days beginning with the date
of the person’s arrival in the United Kingdom.

(4) A person must not be granted immigration bail by the First-tier Tribunal
without the consent of the Secretary of State if—

(a) 30directions for the removal of the person from the United Kingdom
are for the time being in force, and

(b) the directions require the person to be removed from the United
Kingdom within the period of 14 days beginning with the date of the
decision on whether the person should be granted immigration bail.

(5) 35If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse
to grant, immigration bail to a person, the Secretary of State or the Tribunal
must give the person notice of the decision.

(6) Where the First-tier Tribunal is required under sub-paragraph (5) to a give a
person notice of a decision, it must also give the Secretary of State notice of
40the decision.

(7) Where the decision is to grant immigration bail, a notice under sub-
paragraph (5) or (6) must state—

(a) when the grant of immigration bail commences, and

(b) the bail conditions.

(8) The commencement of a grant of immigration bail may be specified to be
conditional on arrangements specified in the notice being in place to ensure
that the person is able to comply with the bail conditions.

Electronic monitoring condition

4 (1) 5In this Schedule an “electronic monitoring condition” means a condition
requiring the person on whom it is imposed (“P”) to co-operate with such
arrangements as the Secretary of State may specify for detecting and
recording by electronic means one or more of the following—

(a) P’s location at specified times, during specified periods of time or
10while the arrangements are in place;

(b) P’s presence in a location at specified times, during specified periods
of time or while the arrangements are in place;

(c) P’s absence from a location at specified times, during specified
periods of time or while the arrangements are in place.

(2) 15The arrangements may in particular—

(a) require P to wear a device;

(b) require P to make specified use of a device;

(c) require P to communicate in a specified manner and at specified
times or during specified periods;

(d) 20involve the exercise of functions by persons other than the Secretary
of State or the First-tier Tribunal.

(3) If the arrangements require P to wear, or make specified use of, a device they
must—

(a) prohibit P from causing or permitting damage to, or interference
25with the device, and

(b) prohibit P from taking or permitting action that would or might
prevent the effective operation of the device.

(4) In this paragraph “specified” means specified in the arrangements.

(5) An electronic monitoring condition may not be imposed on a person unless
30the person is at least 18 years old.

Financial condition

5 (1) In this Schedule “a financial condition” means a condition requiring the
payment of a sum of money by the person to whom immigration bail is
granted (“P”) or another person, in a case where P fails to comply with
35another condition to which P’s immigration bail is subject.

(2) A financial condition may be imposed on P only if the person imposing the
condition thinks that it would be appropriate to do so with a view to
ensuring that P complies with the other bail conditions.

(3) The financial condition must specify—

(a) 40the sum of money required to be paid,

(b) when it is to be paid, and

(c) the form and manner in which it is to be paid.

(4) A sum to be paid under a financial condition is to be paid to the person who
granted the immigration bail, subject to sub-paragraph (5).