Immigration Bill (HL Bill 96)

(b) either House of Parliament or a person exercising functions in
connection with proceedings in Parliament,

(c) the Scottish Parliament or a person exercising functions in
connection with proceedings in the Scottish Parliament,

(d) 5the National Assembly for Wales or a person exercising
functions in connection with proceedings in that Assembly, or

(e) the Northern Ireland Assembly or a person exercising functions
in connection with proceedings in that Assembly.”

(9) Omit subsection (4).

(10) 10After subsection (6) insert—

“(7) Nothing in this section authorises information, a document or an article
to be supplied if to do so would contravene a restriction on the
disclosure of information (however imposed).”

(11) After section 20 of the Immigration and Asylum Act 1999 insert—

“20A 15Duty to supply nationality documents to Secretary of State

(1) This section applies to a nationality document which the Secretary of
State has reasonable grounds for believing is lawfully in the possession
of a person listed in Schedule A1.

(2) The Secretary of State may direct the person to supply the document to
20the Secretary of State if the Secretary of State suspects that—

(a) a person to whom the document relates may be liable to
removal from the United Kingdom in accordance with a
provision of the Immigration Acts, and

(b) the document may facilitate the removal.

(3) 25A person to whom a direction is given must, as soon as is practicable,
supply the document to the Secretary of State.

(4) If the document was originally created in hard copy form and the
person possesses the original document, it must be supplied to the
Secretary of State unless it is required by the person for the
30performance of any of the person’s functions.

(5) If the original document is required by the person for the performance
of any of the person’s functions—

(a) the person must, as soon as is practicable, supply a copy of the
document to the Secretary of State, and

(b) 35if subsequently the person no longer requires the original
document, the person must supply it to the Secretary of State as
soon as is practicable after it is no longer required.

(6) Subsection (5)(b) does not apply if the Secretary of State notifies the
person that the original document is no longer required.

(7) 40If subsection (5) applies the person may make a copy of the original
document before supplying it to the Secretary of State.

(8) The Secretary of State may retain a nationality document supplied
under this section while the Secretary of State suspects that—

(a) a person to whom the document relates may be liable to
removal from the United Kingdom in accordance with a
provision of the Immigration Acts, and

(b) retention of the document may facilitate the removal.

(9) 5Subsection (8) does not affect any other power of the Secretary of State
to retain a document.

(10) The Secretary of State may dispose of a nationality document supplied
under this section in such manner as the Secretary of State thinks
appropriate.

(11) 10Nothing in this section authorises or requires a document to be
supplied if to do so would contravene a restriction on the disclosure of
information (however imposed).

(12) The Secretary of State may by regulations amend Schedule A1 so as to
add, modify or remove a reference to a person or description of person.

(13) 15Regulations under subsection (12) may not amend Schedule A1 so as to
apply this section to—

(a) either House of Parliament or a person exercising functions in
connection with proceedings in Parliament,

(b) the Scottish Parliament or a person exercising functions in
20connection with proceedings in the Scottish Parliament,

(c) the National Assembly for Wales or a person exercising
functions in connection with proceedings in that Assembly, or

(d) the Northern Ireland Assembly or a person exercising functions
in connection with proceedings in that Assembly.

(14) 25In this section “nationality document” means a document which
might—

(a) establish a person’s identity, nationality or citizenship, or

(b) indicate the place from which a person has travelled to the
United Kingdom or to which a person is proposing to go.”

(12) 30In section 166 of the Immigration and Asylum Act 1999 (regulations and
orders)—

(a) after subsection (5) insert—

“(5A) No regulations under section 20A(12) which amend Schedule
A1 so as to—

(a) 35add a reference to a person or description of person, or

(b) modify a reference to a person or description of person
otherwise than in consequence of a change of name or
transfer of functions,

are to be made unless a draft of the regulations has been laid
40before Parliament and approved by a resolution of each
House.”, and”

(b) in subsection (6), before the “or” at the end of paragraph (a) insert—

“(ab) under section 20A(12) and which falls within subsection
(5A),”.

(13) 45Before Schedule 1 to the Immigration and Asylum Act 1999 insert the Schedule
A1 set out in Schedule 8.

54 Detention etc. by immigration officers in Scotland

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

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

“(7) 5In 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
10with 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
15connection with which the person is detained.”

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

(4) Section 26B(1) (interpretation of Part 3) is amended as follows.

(5) In the definition of “immigration offence”—

(a) 20after “means” insert “— (a)”, and

(b) at the end of paragraph (a) insert “, or

(b) (insofar as it is not an offence within paragraph (a)) an
offence under the Immigration Acts or in relation to
which a power of arrest is conferred on an immigration
25officer by the Immigration Acts;”.

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

55 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) 30In 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) 35In 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) 40the 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) 5the 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) 10Section 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) 15Until 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
20fingerprints etc to dependants) after “the person” insert “of whose family F is
a member or”.

56 Interpretation of Part

(1) In this Part “immigration officer” means a person appointed by the Secretary
of State as an immigration officer under paragraph 1 of Schedule 2 to the
25Immigration Act 1971.

(2) In this Part “premises” and “item subject to legal privilege” have the same
meaning—

(a) in relation to England and Wales, as in the Police and Criminal
Evidence Act 1984;

(b) 30in relation to Northern Ireland, as in the Police and Criminal Evidence
(Northern Ireland) Order 1989 (SI 1989/1341 (NI 12));

(c) in relation to Scotland, as in section 412 of the Proceeds of Crime Act
2002.

Immigration bail

57 35Immigration bail

(1) Schedule 9 (immigration bail) has effect.

(2) In that Schedule—

(a) Part 1 contains the main provisions about immigration bail, and

(b) Part 2 contains amendments to other Acts.

(3) 40A person may be released and remain on bail under paragraph 22 or 29 of
Schedule 2 to the Immigration Act 1971 even if the person can no longer be

detained under a provision of the Immigration Acts to which that paragraph
applies, if the person is liable to detention under such a provision.

(4) The reference in subsection (3) to paragraph 22 or 29 of Schedule 2 to the
Immigration Act 1971 includes that paragraph as applied by any other
5provision of the Immigration Acts.

(5) The amendment made by subsection (3) is to be treated as always having had
effect.

(6) Subsections (3) to (5) are repealed on the coming into force of the repeal of
paragraphs 22 and 29 of Schedule 2 to the Immigration Act 1971 by paragraph
1017 of Schedule 9.

Power to cancel leave

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

(1) In section 3C of the Immigration Act 1971 (continuation of leave pending
variation decision) after subsection (3) insert—

“(3A) 15Leave extended by virtue of this section may be cancelled if the
applicant—

(a) has failed to comply with a condition attached to the leave, or

(b) has used or uses deception in seeking leave to remain (whether
successfully or not).”

(2) 20In section 4(1) of that Act (persons by whom and means by which powers are
to be exercised) after “conditions)” insert “or to cancel any leave under section
3C(3A)”.

Part 4 Appeals

59 25Appeals within the United Kingdom: certification of human rights claims

(1) Section 94B of the Nationality, Immigration and Asylum Act 2002 (appeals
from within the United Kingdom: certification of human rights claims made by
persons liable to deportation) is amended in accordance with subsections (2) to
(5).

(2) 30In the heading omit “made by persons liable to deportation”.

(3) In subsection (1) omit the words from “who is liable” to the end of paragraph
(b).

(4) In subsection (2) for the words from “removal” to “removed” substitute
“refusing P entry to, removing P from or requiring P to leave the United
35Kingdom”.

(5) In subsection (3) for the words from “removed” in the first place it appears to
“removed” in the second place it appears substitute “refused entry to, removed
from or required to leave the United Kingdom”.

(6) In section 92(3)(a) of that Act (cases where human rights claim appeal must be
brought from outside the United Kingdom) omit “made by persons liable to
deportation”.

60 Continuation of leave: repeals

(1) 5In the Immigration Act 1971 omit section 3D (continuation of leave following
revocation).

(2) In section 2(2)(a) of the Special Immigration Appeals Commission Act 1997
(jurisdiction: appeals) omit “or 3D”.

(3) In section 120(4)(b) of the Nationality, Immigration and Asylum Act 2002
10(requirement to state additional grounds for application etc) omit “or 3D”.

(4) In consequence of the repeals made by this section, the following are
repealed—

(a) paragraph 14(b)(i) of Schedule 1 to the Immigration, Asylum and
Nationality Act 2006, and

(b) 15paragraph 22 of Schedule 9 to the Immigration Act 2014.

(5) The repeals made by this section do not apply in relation to a person (“P”)
where—

(a) P’s leave was extended by virtue of section 3D of the Immigration Act
1971 immediately before 6 April 2015, and

(b) 20immediately before the coming into force of this section an appeal by P
against the variation or revocation of P’s leave to enter or remain in the
United Kingdom was pending within the meaning of section 104 of the
Nationality, Immigration and Asylum Act 2002.

61 Deemed refusal of leave to enter: repeals

(1) 25In 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
to the Immigration Act 2014 is repealed.

(3) The repeals made by this section do not apply in relation to a person if,
30immediately 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
Schedule was pending within the meaning of section 104 of the Nationality,
Immigration and Asylum Act 2002.

35Part 5 Support etc for certain categories of migrant

Support

62 Support for certain categories of migrant

Schedule 10 (support for certain categories of migrant) has effect.

63 Availability of local authority support

Schedule 11 (availability of local authority support) has effect.

Transfer of responsibility for relevant children

64 Transfer of responsibility for relevant children

(1) 5This 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
families and care, supervision and protection of children) (“the relevant
10provisions”) 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
England (“the second authority”) under which—

(a) 15if 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
subsection (1), the functions mentioned in that paragraph become
20functions 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—

(a) functions under the relevant provisions cease to be functions of, and
25may 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
applied 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
30connection 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
not and had never been ordinarily resident in the area of the first
authority (if that would otherwise be the case).

(4) 35Subsection (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
C for any act or omission of the first authority before the time at which the
arrangements have effect.

(6) 40The 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
second authority once they have come into effect.

(8) In this section “local authority” means a local authority within the meaning of
45the 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
protection claim which has not been determined, or

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

(i) 5requires 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
Secretary of State.

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

(11) In subsection (9)—

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

(b) the reference to a protection claim having been determined is to be
15construed in accordance with section 94(3) of the Immigration and
Asylum Act 1999.

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

(1) The 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
20the purposes of enabling—

(a) arrangements to be made under section 64, or

(b) the Secretary of State to exercise functions under section 67.

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

(a) information about the support or accommodation provided to children
25who 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
Secretary of State.

(3) A local authority which is directed to provide information under this section
30must 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
State may direct.

(4) In this section “local authority” has the same meaning as in section 64.

66 35Request for transfer of responsibility for relevant children

(1) Subsection (2) applies if—

(a) a local authority in England (“the first authority”) requests another
local authority in England (“the second authority”) to enter into
arrangements under section 64, and

(b) 40the 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
comply with the request.

(3) In this section “local authority” has the same meaning as in section 64.

67 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
functions of, or functions which may be conferred on, another local authority
5in England (“the second authority”) in accordance with arrangements under
section 64.

(2) The scheme—

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

(b) unless it relates to all relevant children who may be the subject of
10arrangements 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
to comply with the scheme.

(4) 15A 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
of State must give the authority notice in writing of the proposed direction.

(6) 20The 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.

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

(8) 25The 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) A modification or withdrawal of a direction does not affect any arrangements
made under section 64 pursuant to the direction before it was modified or
withdrawn.

(10) 30Subsections (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) the 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
35direction before the end of the 14 day period with the agreement of the
local authorities to which it applies.

(11) In this section “local authority” and “relevant child” have the same meanings
as in section 64.

68 Extension to Wales, Scotland and Northern Ireland

(1) 40The Secretary of State may by regulations make such provision as the Secretary
of State considers appropriate for enabling any of the provisions of sections 64
to 67 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) Regulations under subsection (1) or (2) may—

(a) 5amend, 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) Regulations under subsection (1) or (2) may not confer functions on—

(a) 10the Welsh Ministers,

(b) the Scottish Ministers,

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

(d) a Northern Ireland Minister, or

(e) a Northern Ireland department.

(5) 15In 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
Measure of the National Assembly for Wales;

(c) 20an 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.

Part 6 25Border security

69 Penalties relating to airport control areas

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

“(4) 30Part 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) In that Schedule after Part 1 insert the Part 1A set out in Schedule 12.

70 Maritime enforcement

35Schedule 13 (maritime enforcement) has effect.

71 Persons excluded from the United Kingdom under international obligations

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

(2) 40In section 8A of that Act (persons ceasing to be exempt) after subsection (3)