Immigration Bill (HL Bill 109)

(a) that because of the particulars of the offence referred to in
paragraph (a) of subsection (1), there are reasonable grounds
for believing that it is necessary to search premises occupied
or controlled by the person in question which are not
5specified in the application in order to find the material
referred to in paragraph (b) of that subsection, 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.

(1C) 10Subject to subsection (2A), 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.

(1D) 15If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.”

(4) In subsection (2) after “conditions” insert “referred to in subsection (1)(e)”.

(5) After subsection (2) insert—

“(2A) A justice of the peace in Scotland may not issue—

(a) 20an all premises warrant under this section, or

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

(6) In subsection (7)—

(a) for “subsection (1)” substitute “this section”,

(b) in paragraph (a) for “the reference” substitute “references” and for “a
25reference” substitute “references”, and

(c) in paragraph (b) for “paragraph (d)” substitute “subsection (1)(d)”.

3 (1) Section 28FB (search for personnel records with warrant) is amended as
follows.

(2) In subsection (1)—

(a) 30after “business premises” insert “mentioned in subsection (1A)”, and

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

(3) After subsection (1) insert—

“(1A) The premises referred to in subsection (1) above are—

(a) 35one or more sets of premises specified in the application, or

(b) subject to subsection (3C), 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”).

(1B) 40If 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
person in question which are not specified in the application
45in order to find the records referred to in subsection (1)(b),
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.”

(4) In subsection (2) for “Those conditions are” substitute “The conditions
5referred to in subsection (1)(c) are”.

(5) After subsection (3) insert—

“(3A) Subject to subsection (3C), 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
10multiple entries in order to achieve the purpose for which the justice
issues the warrant.

(3B) If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.

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

(a) 15an all premises warrant under this section, or

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

4 (1) Section 28J (search warrants: safeguards) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert—

“(aa) 20if the application is for a warrant authorising entry
and search on more than one occasion, state the
ground on which the officer applies for such a
warrant, and whether the officer seeks a warrant
authorising an unlimited number of entries, or (if not)
25the maximum number of entries desired;”, and

(b) for paragraph (b) substitute—

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

(3) After subsection (2) insert—

“(2A) 30The matters which must be specified pursuant to subsection (2)(b)
above are—

(a) if 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) 35if the application relates to any premises occupied or
controlled by a person specified in the application—

(i) as 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
40premises and any others which it is desired to enter
and search;

(iii) why 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
45premises which it is desired to enter and search.”

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

(5) After subsection (6) insert—

“(6A) If it specifies that it authorises multiple entries, it must also specify
5whether the number of entries authorised is unlimited, or limited to
a specified maximum.”

(6) In 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
10of premises to be searched, together with any premises under
the person’s occupation or control which can be specified and
which are to be searched; and”.

(7) For subsection (9) substitute—

“(9) Two copies must be made of a warrant which specifies only one set
15of premises and does not authorise multiple entries; and as many
copies as are reasonably required may be made of any other kind of
warrant.”

(8) After subsection (10) insert—

“(10A) “All premises warrant” means a warrant issued in response to an
20application 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) 25Section 28K (execution of warrants) is amended as follows.

(2) After 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) 30the seizure or detention of anything to which the warrant
relates.

(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) 35After subsection (3) insert—

“(3A) If 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) 40No premises may be entered or searched for the second or any
subsequent 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) Unless the warrant is a warrant specifying one set of premises only,
the officer must comply with subsection (8) separately in respect of
5each set of premises entered and searched.

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

(a) when it has been executed, or

(b) in the case of a specific premises warrant which has not been
10executed, 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) Subsection (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) 15In subsection (9) for the words from “A warrant” to “its execution,”
substitute “The warrant”.

(8) After subsection (13) insert—

“(13A) In subsection (8B)—

• “specific premises warrant” means a warrant which is not an all
  20premises warrant;

• “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) 25The 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) 30In 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) 35After 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
40such 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
45necessary 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
5controls 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
10the 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) 15After 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) 20In 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) 25In subsection (2)—

(a) in 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) 30After subsection (2) insert—

“(2A) The 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
35such sets of premises as are so specified (in which case the
application 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
40necessary to search premises occupied or controlled by the
person 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
45controls and which might need to be searched.

(2C) Subject 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
5issues the warrant.

(2D) If 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) 10A 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.”

Section 57

SCHEDULE 9 Duty to supply nationality documents to Secretary of State: persons to whom
15duty applies

This is the new Schedule A1 to the Immigration and Asylum Act 1999
referred to in section 57—

Section 20A

“Schedule A1 20Persons to whom section 20A applies

Law enforcement

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

2 The chief constable of the Police Service of Scotland.

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

4 25The 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 The Port Police Force established under Part 10 of the Port of
London Act 1968.

7 30A Port Police Force established under section 79 of the Harbours,
Docks and Piers Clauses Act 1847.

8 The National Crime Agency.

Local 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
local authority.

13 5The 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 A district council in Northern Ireland.

10Regulatory bodies

17 The Gangmasters and Labour Abuse Authority.

18 The Security Industry Authority.

Health bodies

19 An NHS trust established under section 25 of the National Health
15Service 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
20Health Service (Wales) Act 2006.

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

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

Education bodies

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

25 The governing body of an institution within the further education
30sector 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
of Part 2 of the Higher Education Act 2004 (see sections 11 and 21
of that Act).

27 35The proprietor or governing body of a school within the meaning
of the Education (Scotland) Act 1980 (see section 135(1) of that
Act).

28 The 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
5and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)SI 1986/594 (NI 3))
(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)SI 1997/1772 (NI 15)) (see Article 2(2) of that Order).

31 10The governing body of a higher education institution as defined
by Article 30(3) of the Education and Libraries (Northern Ireland)
Order 1993 (SI 1993/2810 (NI 12)SI 1993/2810 (NI 12)).

Registration officials

32 The Registrar General for England and Wales.

33 15A superintendent registrar of births, deaths and marriages.

34 A 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 20A district registrar within the meaning of section 7 of the
Registration 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 25A person appointed under Article 31(1) or (3) of the Marriage
(Northern Ireland) Order 2003 (SI 2003/413 (NI 3)SI 2003/413 (NI 3)).

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

Other bodies: Northern Ireland

43 30The Northern Ireland Housing Executive.”

Section 63

SCHEDULE 10 Immigration bail

Part 1 Main provisions

5Power to grant immigration bail

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

(a) the 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) 10the person is being detained under paragraph 2(1), (2) or (3) of
Schedule 3 to that Act (detention pending deportation),

(c) the 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) 15the person is being detained under section 36(1) of the UK Borders
Act 2007 (detention pending deportation).

(2) The 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
20grant of bail to a person, grant that person bail if—

(a) the person is being detained under paragraph 16(1), (1A) or (2) of
Schedule 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) 25the person is being detained under section 62 of the Nationality,
Immigration and Asylum Act 2002, or

(d) the 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
30person, are to the grant of bail to that person under any of sub-paragraphs
(1) to (3) or under paragraph 10(12) or (13) (release following arrest for
breach of bail conditions).

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

(a) 35the person is liable to detention under a provision mentioned in sub-
paragraph (1), or

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

(6) 40A grant of immigration bail to a person does not prevent the person’s
subsequent detention under a provision mentioned in sub-paragraph (1).

(7) For 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) the person is granted leave to enter or remain in the United
Kingdom,

(c) 5the person is detained under a provision mentioned in sub-
paragraph (1), or

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

(9) This paragraph is subject to paragraph 3 (exercise of power to grant
10immigration bail).

Conditions of immigration bail

2 (1) Subject to sub-paragraph (2), if immigration bail is granted to a person, it
must be granted subject to one or more of the following conditions—

(a) a condition requiring the person to appear before the Secretary of
15State 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) a condition about the person’s residence;

(d) a condition requiring the person to report to the Secretary of State or
20such 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
thinks fit.

(2) Sub-paragraph (3) applies in place of sub-paragraph (1) in relation to a
25person who is being detained under a provision mentioned in paragraph
1(1)(b) or (d) or who is liable to detention under such a provision.

(3) If immigration bail is granted to such a person—

(a) subject to sub-paragraphs (5) to (9), it must be granted subject to an
electronic monitoring condition,

(b) 30if, by virtue of sub-paragraph (5) or (7), it is not granted subject to an
electronic monitoring condition, it must be granted subject to one or
more of the other conditions mentioned in sub-paragraph (1), and

(c) if it is granted subject to an electronic monitoring condition, it may
be granted subject to one or more of those other conditions.

(4) 35Immigration bail granted in accordance with sub-paragraph (1) or (3) may
also be granted subject to a financial condition (see paragraph 5).

(5) Sub-paragraph (3)(a) does not apply to a person who is granted immigration
bail by the Secretary of State if the Secretary of State considers that to impose
an electronic monitoring condition on the person would be—

(a) 40impractical, or

(b) contrary to the person’s Convention rights.

(6) Where sub-paragraph (5) applies, the Secretary of State must not grant
immigration bail to the person subject to an electronic monitoring condition.

(7) Sub-paragraph (3)(a) does not apply to a person who is granted immigration
45bail by the First-tier Tribunal if the Secretary of State informs the Tribunal