Immigration Bill (HL Bill 96)

(5) The effect of an order under this section is that, from the time it takes
effect, any other person who was a tenant under the tenancy before the
order took effect—

(a) ceases to be entitled to performance of the landlord’s covenants
5under the tenancy, or

(b) ceases to be liable to perform the tenant’s covenants under the
tenancy.

(6) Subsection (5) does not remove any right or liability of the person
which accrued before the order took effect.

(7) 10An order under this section does not operate to create a new tenancy as
between the landlord and the qualifying tenant or tenants.

(8) In particular, if the tenancy is a fixed term tenancy, the term comes to
an end at the same time as if the order had not been made.”

(6) In Part 1 of Schedule 15 to the Rent Act 1977 (grounds for possession of
15dwelling-houses let on or subject to protected or statutory tenancies) after Case
10 insert—

““Case 10A

Both of the following conditions are met in relation to a dwelling-
house in England.

20Condition 1 is that the Secretary of State has given a notice in writing
to the landlord or, in the case of joint landlords, one or more of them
which identifies—

(a) the tenant or, in the case of joint tenants, one or more of them,
or

(b) 25one or more other persons aged 18 or over who are occupying
the dwelling-house,

as a person or persons disqualified as a result of their immigration
status from occupying the dwelling-house under the tenancy.

Condition 2 is that the person or persons named in the notice—

(a) 30fall within paragraph (a) or (b) of condition 1, and

(b) are disqualified as a result of their immigration status from
occupying the dwelling-house under the tenancy.

For the purposes of this case a person (“P”) is disqualified as a result
of their immigration status from occupying the dwelling-house
35under the tenancy if—

(a) P is not a relevant national, and

(b) P does not have a right to rent in relation to the dwelling-
house.

P does not have a right to rent in relation to the dwelling-house if—

(a) 40P requires leave to enter or remain in the United Kingdom
but does not have it, or

(b) P’s leave to enter or remain in the United Kingdom is subject
to a condition preventing P from occupying the dwelling-
house.

45But P is to be treated as having a right to rent in relation to a
dwelling-house if the Secretary of State has granted P permission for

the purposes of this case to occupy a dwelling-house which is for the
time being let on a protected tenancy or subject to a statutory
tenancy.

In this case “relevant national” means—

(a) 5a British citizen,

(b) a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.”

(7) The amendments made by this section apply in relation to a tenancy entered
into before or after the coming into force of this section.

40 10Extension 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 residential tenancies
provisions to apply in relation to Wales, Scotland or Northern Ireland.

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

(a) 15has a similar effect to any of the residential tenancies provisions, and

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

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

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

(b) 20confer functions on any person.

(4) Regulations 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) 25a Northern Ireland Minister, or

(e) a Northern Ireland department.

(5) In this section—

• “enactment” includes—

  (a)

  an enactment contained in subordinate legislation within the
  30meaning of the Interpretation Act 1978;

  (b)

  an enactment contained in, or in an instrument made under, an
  Act or Measure of the National Assembly for Wales;

  (c)

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

  (d)

  35an enactment contained in, or in an instrument made under,
  Northern Ireland legislation;

• “the residential tenancies provisions” means sections 37 to 39 and the
  amendments made by those sections.

Driving

41 40Powers to carry out searches relating to driving licences

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control
of entry etc) is amended in accordance with subsections (2) and (3).

(2) After paragraph 25C insert—

““Entry of premises to search for driving licence

25CA (1) An authorised officer may exercise the powers in this section if the
officer has reasonable grounds for believing that a person—

(a) 5is in possession of a driving licence, and

(b) is not lawfully resident in the United Kingdom.

(2) The authorised officer may enter and search any premises—

(a) occupied or controlled by the person, or

(b) in which the person was when the person was encountered
10by the officer,

for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the authorised officer has reasonable grounds for
believing that the driving licence is on the premises,

(b) 15only to the extent that it is reasonably required for the
purpose of discovering the driving licence, and

(c) unless the authorised officer is a constable, only if a senior
officer has authorised its exercise in writing.

(4) Sub-paragraph (3)(c) does not apply where it is not reasonably
20practicable for the authorised officer to obtain the authorisation of a
senior officer before exercising the power.

(5) An authorised officer who has conducted a search in reliance on sub-
paragraph (4) must inform a senior officer as soon as is practicable.

(6) The senior officer authorising a search, or who is informed of one
25under sub-paragraph (5), must make a record in writing of the
grounds for the search.

(7) In this paragraph and paragraphs 25CB and 25CC—

• “authorised officer” means—

  (a)

  an immigration officer,

  (b)

  30a constable, or

  (c)

  a person of a kind authorised for the purposes of this
  paragraph and paragraphs 25CB and 25CC by the
  Secretary of State;

• “driving licence”—

  (a)

  35means a licence to drive a motor vehicle granted
  under Part 3 of the Road Traffic Act 1988 or Part II of
  the Road Traffic (Northern Ireland) Order 1981 (SI
  1981/154 (NI 1)), and

  (b)

  includes a licence of that kind which has been
  40revoked;

• “senior officer” means—

  (a)

  in relation to an authorised officer who is an
  immigration officer, an immigration officer not below
  the rank of chief immigration officer;

  (b)

  45in relation to an authorised officer other than an
  immigration officer, a person of a kind designated by

  Immigration BillPage 33

  the Secretary of State for the purposes of this
  paragraph in relation to an authorised officer of that
  kind.

(8) For the purposes of this paragraph and paragraphs 25CB and 25CC
5a person is not lawfully resident in the United Kingdom if the person
requires leave to enter or remain in the United Kingdom but does not
have it.

Searching persons for driving licences

25CB (1) An authorised officer may exercise the powers in this section if the
10officer has reasonable grounds for believing that a person—

(a) is in possession of a driving licence, and

(b) is not lawfully resident in the United Kingdom.

(2) The authorised officer may search the person for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) 15only if the authorised officer has reasonable grounds for
believing that the driving licence may be concealed on the
person, and

(b) only to the extent that it is reasonably required for the
purpose of discovering the driving licence.

(4) 20An intimate search may not be carried out under sub-paragraph (2).

(5) In sub-paragraph (4) “intimate search” has the same meaning as in
section 28H(11).

Seizure and retention of driving licence

25CC (1) If an authorised officer who is exercising a power to search a person
25or premises finds a driving licence to which this sub-paragraph
applies in the course of the search, the officer may seize and retain
the licence.

(2) Sub-paragraph (1) applies to a driving licence if—

(a) the authorised officer finds the licence in the possession of a
30person who the authorised officer has reasonable grounds for
believing is not lawfully resident in the United Kingdom, or

(b) the authorised officer has reasonable grounds for believing
that the holder of the licence is not lawfully resident in the
United Kingdom.

(3) 35A driving licence seized under sub-paragraph (1) must, as soon as
practicable, be given to—

(a) the Secretary of State, in the case of a licence granted by the
Secretary of State, or

(b) the Department of the Environment for Northern Ireland, in
40the case of a licence granted by the Department.

(4) A person who is in possession of a driving licence by virtue of sub-
paragraph (3) must retain it if—

(a) it has not been revoked,

(b) it has been revoked but the time limit for an appeal against
revocation of the licence has not expired, or

(c) it has been revoked, such an appeal has been brought but the
appeal has not been determined.

(5) 5A driving licence which is required to be retained under sub-
paragraph (4) must be retained—

(a) until a decision is taken not to revoke it, or

(b) if it has been or is subsequently revoked—

(i) until the time limit for an appeal against revocation of
10the licence expires without an appeal being brought,
or

(ii) until such an appeal is determined.

(6) A driving licence which is in the possession of a person by virtue of
sub-paragraph (3) but which is not required to be retained under
15sub-paragraphs (4) and (5) must be returned to the holder if—

(a) a decision is taken not to revoke the licence, or

(b) an appeal against revocation of the licence is determined in
favour of the holder.

(7) Otherwise the driving licence may be dealt with in such manner as
20that person thinks fit.

(8) Neither the Secretary of State nor the Department of the
Environment for Northern Ireland is obliged to re-issue a licence
which has been seized and retained under this paragraph.

(9) References in this paragraph to an appeal against the revocation of a
25licence are to—

(a) an appeal under section 100 of the Road Traffic Act 1988, in
the case of a licence granted by the Secretary of State, or

(b) an appeal under Article 16 of the Road Traffic (Northern
Ireland) Order 1981 (SI 1981/154 (NI 1), in the case of a
30licence granted by the Department of the Environment for
Northern Ireland.

(10) References in this paragraph to the holder of a driving licence, in
relation to a licence that has been revoked, include the person who
was the holder of the licence before it was revoked.”

(3) 35In paragraph 25D(8) (access and copying: meaning of seized material) at the
end insert “other than a driving licence seized under paragraph 25CC.”

(4) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable
force) after paragraph (a) insert—

“(aa) paragraph 25CA, 25CB or 25CC of Schedule 2 to the 1971 Act
40(powers to search for and seize driving licences,”.

42 Offence of driving when unlawfully in the United Kingdom

(1) The Immigration Act 1971 is amended in accordance with subsections (2) to (6).

(2) Before section 25 insert—

“24C Driving when unlawfully in the United Kingdom

(1) A person commits an offence if the person drives a motor vehicle on a
road or other public place at a time when the person is not lawfully
5resident in the United Kingdom.

(2) A person who is guilty of an offence under subsection (1) is liable on
summary conviction—

(a) in England and Wales, to imprisonment for a term not
exceeding 51 weeks, to a fine or to both;

(b) 10in Scotland or Northern Ireland, to imprisonment for a term not
exceeding 6 months, to a fine not exceeding level 5 on the
standard scale or to both.

(3) In relation to an offence committed before section 281(5) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (2)(a) to 51
15weeks is to be read as a reference to 6 months.

(4) In this section “motor vehicle” and “road”—

(a) in relation to England and Wales and Scotland, have the same
meanings as in the Road Traffic Act 1988;

(b) in relation to Northern Ireland, have the same meanings as in
20the Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994
(NI 18)).

(5) For the purposes of this section a person is not lawfully resident in the
United Kingdom if the person requires leave to enter or remain in the
United Kingdom but does not have it.

24D 25Detention of motor vehicles

(1) If a person (“P”) has been arrested for an offence under section 24C
committed in England and Wales or Northern Ireland, a senior officer
or a constable may detain a relevant vehicle.

(2) Subject to regulations under subsection (8), a vehicle detained under
30subsection (1) must be released—

(a) when a decision is taken not to charge P with the offence, or

(b) if P is charged with the offence—

(i) when P is acquitted, the charge against P is dismissed or
the proceedings are discontinued, or

(ii) 35if P is convicted, when the court decides not to order
forfeiture of the vehicle.

(3) If a person (“P”) has been arrested for an offence under section 24C
committed in Scotland, a senior officer or a constable may detain a
relevant vehicle.

(4) 40Subject to regulations under subsection (8) a vehicle detained under
subsection (3) must be released—

(a) when a decision is taken not to institute criminal proceedings
against P for the offence, or

(b) if criminal proceedings are instituted against P for the offence—

(i) when P is acquitted or, under section 147 of the Criminal
Procedure (Scotland) Act 1995, liberated or the trial diet
is deserted simpliciter, or

(ii) if P is convicted, when the court decides not to order
5forfeiture of the vehicle.

(5) For the purposes of subsection (4) criminal proceedings are instituted
against a person (“P”) at whichever is the earliest of P’s first appearance
before the sheriff or the service on P of a complaint.

(6) A power in subsection (1) or (3) may be exercised by a senior officer or
10constable at any place at which the senior officer or constable is
lawfully present.

(7) A vehicle is a relevant vehicle in relation to P if the officer or constable
concerned has reasonable grounds for believing it was used in the
commission by P of an offence under section 24C.

(8) 15The Secretary of State may by regulations make provision about the
release of a vehicle detained under subsection (1) or (3).

(9) Regulations under subsection (8) may in particular make provision—

(a) for the release of a vehicle before the time mentioned in
subsection (2) or (4);

(b) 20about the procedure by which a person may seek to have a
vehicle released before or after that time;

(c) about the persons to whom a vehicle may or must be released
before or after that time;

(d) prescribing conditions to be met before a vehicle may be
25released before or after that time (including a condition
requiring the payment of costs in relation to detention of the
vehicle and any application for its release);

(e) as to the destination of payments made in compliance with such
a condition;

(f) 30enabling a person specified in the regulations to waive
compliance with such a condition;

(g) as to the disposal of a vehicle in a case where such a condition
is not met;

(h) as to the destination of the proceeds arising from the disposal of
35a vehicle in such a case.

(10) Regulations under subsection (8)—

(a) are to be made by statutory instrument;

(b) may make different provision for different cases;

(c) may make incidental, supplementary, consequential,
40transitional, transitory or saving provision.

(11) A statutory instrument containing regulations under subsection (8) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(12) In this section “senior officer” means an immigration officer not below
45the rank of chief immigration officer.

24E   Powers to enter premises to detain motor vehicle

(1) A senior officer or a constable may enter and search any premises for
the purposes of detaining a vehicle under section 24D.

(2) The power in subsection (1) may be exercised—

(a) 5only to the extent that it is reasonably required for that purpose,
and

(b) only if the senior officer or constable knows that a vehicle which
may be detained under section 24D is to be found on the
premises.

(3) 10The power in subsection (1) may be exercised—

(a) by a senior officer (“S”) only if S produces identification
showing that S is an immigration officer (whether or not S is
asked to do so);

(b) by a constable (“C”) only if C produces identification showing
15that C is a constable (whether or not C is asked to do so).

(4) Subsection (5) applies if, on an application by a senior officer or
constable, a justice of the peace is satisfied that there are reasonable
grounds for suspecting that a vehicle which may be detained under
section 24D may be found on premises mentioned in subsection (6).

(5) 20The justice of the peace may issue a warrant authorising any senior
officer or constable to enter, if need be by force, the premises for the
purpose of searching for and detaining the vehicle.

(6) The premises referred to in subsection (4) are—

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

(b) 25subject to subsection (10), 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 application is for
an “all premises warrant”).

(7) If the application is for an all premises warrant, the justice of the peace
30must also be satisfied—

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

(b) 35that 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.

(8) Subject to subsection (10), the warrant may authorise entry to and
search of premises on more than one occasion if, on the application, the
40justice 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.

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

(10) 45A justice of the peace in Scotland may not issue—

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

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

(11) In the application of this section to Scotland, references to a justice of
the peace are to be read as references to the sheriff or a justice of the
peace.

(12) In this section “senior officer” means an immigration officer not below
5the rank of chief immigration officer.

24F Orders following conviction of offence under section 24C

(1) If a person is convicted of an offence under section 24C, the court may
order the forfeiture of the vehicle used in the commission of the offence.

(2) Where a person who claims to have an interest in the vehicle applies to
10the court to make representations on the question of forfeiture, the
court may not make an order under this section in respect of the vehicle
unless the person has been given an opportunity to make
representations.

(3) For the purposes of subsection (2) the persons who have an interest in
15a vehicle include—

(a) a person who owns it,

(b) the person in whose name the vehicle is registered under the
Vehicle Excise and Registration Act 1994, and

(c) a person who is in possession of it under a hire purchase
20agreement (or, in the case of a detained vehicle, was in
possession of it under a hire purchase agreement immediately
before its detention).

(4) The Secretary of State may by regulations make provision about—

(a) the disposal of a vehicle forfeited under this section;

(b) 25the destination of the proceeds arising from the disposal of such
a vehicle.

(5) Regulations under subsection (4)—

(a) are to be made by statutory instrument;

(b) may make different provision for different cases;

(c) 30may make incidental, supplementary, consequential,
transitional, transitory or saving provision.

(6) A statutory instrument containing regulations under subsection (4) is
subject to annulment in pursuance of a resolution of either House of
Parliament.”

(3) 35In section 28A(3)(a) (arrest without warrant) before “25” insert “24C,”.

(4) In section 28B(5) (search and arrest by warrant: relevant offences) before “26A”
insert “24C,”.

(5) In section 28CA(1) (business premises: entry to arrest) for the “or” at the end of
paragraph (b) substitute—

“(bb) 40for an offence under section 24C, or”.

(6) In section 28D(4) (entry and search of premises: relevant offences) before “25”
insert “24C,”.

(7) In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of
persons accompanying constables in execution of warrants) after “seizure”
45insert “or detention”.

(8) In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (SI 1989/1341 (NI 22)) (powers of persons accompanying
constables in execution of warrants) after “seizure” insert “or detention”.

(9) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable
5force) before paragraph (a) insert—

“(za) section 24E(1) (powers to enter premises to detain motor
vehicle),”.

Bank accounts

43 Bank accounts

(1) 10Schedule 6 (bank accounts) has effect.

(2) Before the end of the period mentioned in subsection (3), the Secretary of State
must—

(a) review the operation of sections 40A to 40G of the Immigration Act
2014 (inserted by Schedule 6),

(b) 15prepare a report of the review, and

(c) lay a copy of the report before Parliament.

(3) The period referred to in subsection (2) is the period of 5 years beginning with
the day on which Schedule 6 comes fully into force.

Part 3 20Enforcement

Powers of immigration officers etc

44 Powers in connection with examination, detention and removal

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control
on entry etc) is amended as follows.

(2) 25In paragraph 2(1) (examination by immigration officers) at the end of
paragraph (c) insert “; and

(d) whether, if he has been given leave which is still in force, his
leave should be curtailed.”

(3) After paragraph 15 insert—

30““Search of premises in connection with removal

15A (1) This paragraph applies if—

(a) an immigration officer is lawfully on any premises, and

(b) a person who is liable to be detained under paragraph 16(2)
is on the premises.

(2) 35The immigration officer may search the premises for documents
which—

(a) relate to the person, and