Immigration Bill (HL Bill 109)

section 23C, 23CA, 24A or 24B of the Children Act 1989 to a person
if—

(a) support is being provided to the person by virtue of
paragraph 10B or section 95A of the Immigration and
5Asylum Act 1999, or

(b) there are reasonable grounds for believing that support
will be provided to the person by virtue of that paragraph
or section.

3C Notwithstanding paragraph 3, paragraph 1(1)(ga) prevents a local
10authority in England from providing support or assistance under
a provision mentioned in paragraph (ga) to a person if—

(a) support is being provided to the person by virtue of
paragraph 10B or section 95A of the Immigration and
Asylum Act 1999, or

(b) 15there are reasonable grounds for believing that support
will be provided to the person by virtue of that paragraph
or section.””

7 In paragraph 6 (third class of ineligible person: failed asylum-seeker), in sub-
paragraph (1), in the words before sub-paragraph (a), after “person” insert
20“in Wales, Scotland or Northern Ireland”.

8 In paragraph 7 (fourth class of ineligible person: person unlawfully in
United Kingdom), in the words before sub-paragraph (a), after “person”
insert “in Wales, Scotland or Northern Ireland”.

9 Before paragraph 8 insert—

25“Sixth class of ineligible person: person in England without leave to enter or remain

7B (1) Paragraph 1 applies to a person in England if—

(a) under the Immigration Act 1971, he requires leave to enter
or remain in the United Kingdom but does not have it, and

(b) he is not an asylum-seeker.

(2) 30Paragraph 1 also applies to a dependant of a person to whom that
paragraph applies by virtue of sub-paragraph (1).

Seventh class of ineligible person: primary carer without leave to enter or remain

7C (1) Paragraph 1 applies to a person in England (“P”) if—

(a) P is the primary carer of a British citizen (“the relevant
35British citizen”),

(b) the relevant British citizen is residing in the United
Kingdom,

(c) the relevant British citizen would be unable to reside in the
United Kingdom or in another EEA State if P were
40required to leave the United Kingdom,

(d) if circumstances were not as mentioned in paragraphs (a)
to (c), under the Immigration Act 1971 P would require
leave to enter or remain in the United Kingdom but would
not have such leave, and

(e) 45P is not an asylum-seeker.

(2) Paragraph 1 also applies to the dependant of a person to whom
that paragraph applies by virtue of sub-paragraph (1).

(3) In making for the purposes of this Schedule or regulations made
under it a determination as to whether sub-paragraph (1)(c)
5applies in relation to P, a person may rely on—

(a) a document of a kind specified in regulations made by the
Secretary of State, or

(b) information or guidance provided by the Secretary of State
for the purposes of such a determination.”

10 10After paragraph 10 insert—

“Accommodation and subsistence etc: England

10A (1) The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a person
to whom paragraph 1 applies by virtue of paragraph 7B(1) or
157C(1) and—

(a) who is destitute,

(b) who has with him a dependent child,

(c) who is not a relevant failed asylum seeker, and

(d) in relation to whom condition A, B, C, D or E is satisfied.

(2) 20A person is a “relevant failed asylum seeker” for the purposes of
sub-paragraph (1)(c) if the person is a failed asylum seeker within
the meaning of Part 6 of the Immigration and Asylum Act 1999
and—

(a) the person is receiving support under section 95A of that
25Act,

(b) the person has made an application for such support
which has not been refused, or

(c) there are reasonable grounds for believing such support
would be provided to the person if an application by the
30person for such support were made.

(3) Condition A is that—

(a) the person has made an application for leave to enter or
remain in the United Kingdom and has not withdrawn the
application,

(b) 35where regulations under this paragraph require that the
application must be of a kind specified in the regulations
for this condition to be satisfied, the application is of that
kind, and

(c) the application has not been determined.

(4) 40Condition B is that—

(a) the person could bring an appeal under section 82(1)
(ignoring any possibility of an appeal out of time with
permission), and

(b) if the person brought such an appeal, it would not be one
45that, by virtue of section 92(6), would have to be continued
from outside the United Kingdom.

(5) Condition C is that—

(a) the person has appealed under section 82(1),

(b) the appeal is not one that, by virtue of section 92(6), must
be continued from outside the United Kingdom, and

(c) the appeal is pending within the meaning of section 104.

(6) 5Condition D is that—

(a) the person’s appeal rights are exhausted, and

(b) he has not failed to cooperate with arrangements that
would enable him to leave the United Kingdom.

(7) Condition E is that a person specified in regulations under this
10paragraph is satisfied that the provision of support is necessary to
safeguard and promote the welfare of a dependent child.

(8) Regulations under this paragraph may specify—

(a) factors which a person specified by virtue of sub-
paragraph (7) may or must take into account in making a
15determination under that sub-paragraph;

(b) factors which such a person must not take into account in
making such a determination.

(9) The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a person
20(“P”)—

(a) to whom paragraph 1 applies by virtue of paragraph 7B(1)
or 7C(1), and

(b) who it appears to a person specified in the regulations may
be destitute,

25until a person by whom support may be provided under
arrangements by virtue of sub-paragraph (1) is able to determine
whether such support should be provided to P.

(10) Arrangements for a person by virtue of this paragraph may
include arrangements for a dependant.

(11) 30The support that may be provided under arrangements by virtue
of this paragraph may take the form of—

(a) accommodation;

(b) subsistence in kind, or cash or vouchers to pay for
subsistence.

(12) 35Subsections (3) to (8) of section 95 of the Immigration and Asylum
Act 1999 (meaning of “destitute”) apply for the purposes of this
paragraph as they apply for the purposes of that section.

(13) For the purposes of sub-paragraph (3) regulations under this
paragraph may provide for circumstances in which—

(a) 40a person is to be treated as having made an application for
leave to enter or remain in the United Kingdom (despite
not having made one);

(b) a person is to be treated as not having made such an
application where the Secretary of State is satisfied that the
45application made is vexatious or wholly without merit.

(14) For the purposes of sub-paragraph (6) a person’s appeal rights are
exhausted at the time when—

(a) he could not bring an appeal under section 82 (ignoring
any possibility of an appeal out of time with permission),
and

(b) no appeal brought by him is pending within the meaning
5of section 104.

10B (1) The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a person
to whom paragraph 1 applies by virtue of paragraph 7B(1) and—

(a) who would otherwise be eligible for support or assistance
10under section 23C, 23CZA or 23CA of the Children Act
1989, under regulations under section 23D of that Act or
under section 24A or 24B of that Act, and

(b) in relation to whom condition A, B, C or D is satisfied.

(2) Condition A is that—

(a) 15the person is destitute,

(b) the person has made an application for leave to enter or
remain in the United Kingdom and has not withdrawn the
application,

(c) where regulations under this paragraph require that the
20application must be of a kind specified in the regulations
for this condition to be satisfied, the application is of that
kind, and

(d) the application has not been determined.

(3) Condition B is that—

(a) 25the person is destitute,

(b) the person could bring an appeal under section 82(1)
(ignoring any possibility of an appeal out of time with
permission), and

(c) if the person brought an appeal under section 82(1), it
30would not be one that, by virtue of section 92(6), would
have to be continued from outside the United Kingdom.

(4) Condition C is that—

(a) the person is destitute,

(b) the person has appealed under section 82(1),

(c) 35the appeal is not one that, by virtue of section 92(6), must
be continued from outside the United Kingdom, and

(d) the appeal is pending within the meaning of section 104.

(5) Condition D is that—

(a) the person’s appeal rights are exhausted, and

(b) 40a person specified in regulations under this paragraph is
satisfied that support needs to be provided to the person.

(6) Regulations under this paragraph may specify—

(a) factors which a person specified by virtue of paragraph (b)
of sub-paragraph (5) may or must take into account in
45making a determination under that paragraph;

(b) factors which such a person must not take into account in
making such a determination.

(7) The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a person
(“P”)—

(a) to whom paragraph 1 applies by virtue of paragraph 7B(1),
5and

(b) who it appears to a person specified in the regulations may
be destitute,

until a person by whom support may be provided under
arrangements by virtue of sub-paragraph (1) is able to determine
10whether such support should be provided to P.

(8) The support that may be provided under arrangements by virtue
of this paragraph may, in particular, take the form of—

(a) accommodation;

(b) subsistence in kind, or cash or vouchers to pay for
15subsistence.

(9) Subsections (3) to (8) of section 95 of the Immigration and Asylum
Act 1999 (meaning of “destitute”) apply for the purposes of this
paragraph as they apply for the purposes of that section.

(10) For the purposes of sub-paragraph (2) regulations under this
20paragraph may provide for circumstances in which—

(a) a person is to be treated as having made an application for
leave to enter or remain in the United Kingdom (despite
not having made one);

(b) a person is to be treated as not having made such an
25application where the Secretary of State is satisfied that the
application made is vexatious or wholly without merit.

(11) For the purposes of sub-paragraph (5) a person’s appeal rights are
exhausted at the time when—

(a) he could not bring an appeal under section 82 (ignoring
30any possibility of an appeal out of time with permission),
and

(b) no appeal brought by him is pending within the meaning
of section 104.”

11 In paragraph 11 (assistance and accommodation: general), in the words
35before sub-paragraph (a), for “or 10” substitute “, 10, 10A or 10B”.

12 In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for “or 10”
substitute “, 10, 10A or 10B”.

13 In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as
substituted by paragraph 25(8)(b) of Schedule 11) substitute “, 7, 7B or 7C”.

14 (1) 40Paragraph 15 (power to amend Schedule 3) is amended as follows.

(2) After paragraph (a) insert—

“(aa) to modify any of the classes of person to whom paragraph
1 applies;”.

(3) In paragraph (c) after “remove” insert “, or modify the application of,”.

(4) After paragraph (c) insert—

“(d) to enable regulations to be made by the Secretary of State
providing for arrangements to be made for support to be
provided to a class of person to whom paragraph 1 applies;

(e) 5to apply paragraph 1A in relation to Wales;

(f) to make provision which has a similar effect to paragraph
1A and which applies in relation to Scotland or Northern
Ireland.”

15 (1) Paragraph 16 (orders and regulations) is amended as follows.

(2) 10In sub-paragraph (2)(d) after “amending” insert “, repealing or revoking”.

(3) In sub-paragraph (3) after “2(1)(d) or (e)” insert “, 2A(3)(b), 10A or 10B”.

16 In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy
agreements) after paragraph 8 insert—

“8A An agreement under which accommodation is provided to a
15person under arrangements made by virtue of paragraph 10A or
10B of Schedule 3 to the Nationality, Immigration and Asylum Act
2002 (support for certain persons who are otherwise ineligible for
support by virtue of that Schedule).”

Section 76

SCHEDULE 13 20Penalties relating to airport control areas

This is the Part 1A of Schedule 2 to the Immigration Act 1971 referred to in
section 76(2)—

““Part 1A Penalty for breach of paragraph 26(2) or (3)

28 25Penalty for breach of paragraph 26(2) or (3)

(1) Sub-paragraph (2) applies where the Secretary of State has given
written notice under paragraph 26(2) to the owner or agent of an
aircraft—

(a) designating a control area for the embarkation or
30disembarkation of passengers in an airport in the United
Kingdom, and

(b) specifying conditions or restrictions to be observed in the
control area.

(2) The Secretary of State may impose a penalty on the owner or agent
35if the owner or agent fails to take all reasonable steps to secure
that—

(a) passengers embarking on or disembarking from the
aircraft at the airport do not embark or disembark at the
airport outside the control area, or

(b) 40the conditions or restrictions specified in the notice are
observed.

(3) Sub-paragraph (4) applies where the Secretary of State has given
written notice under paragraph 26(3) to a person concerned with
the management of an airport in the United Kingdom—

(a) designating a control area in the airport, and

(b) 5specifying conditions or restrictions to be observed in the
control area.

(4) The Secretary of State may impose a penalty on the person if the
person fails to take all reasonable steps to secure that the
conditions or restrictions specified in the notice are observed.

(5) 10The Secretary of State may impose a separate penalty under sub-
paragraph (2) or (4) in respect of each failure of the kind
mentioned in that sub-paragraph.

(6) The amount of a penalty imposed under sub-paragraph (2) or (4)
may be such an amount as the Secretary of State considers
15appropriate; but the amount of each penalty must not exceed the
prescribed maximum.

28A Codes of practice

(1) The Secretary of State must issue a code of practice to be followed
by—

(a) 20agents and operators of aircraft to whom notices under
paragraph 26(2) have been given, and

(b) persons concerned with the management of airports in the
United Kingdom to whom notices under paragraph 26(3)
have been given.

(2) 25The Secretary of State must have regard to the code (in addition to
any other matters the Secretary of State thinks relevant)—

(a) when deciding whether to impose a penalty under
paragraph 28, and

(b) when considering a notice of objection under paragraph
3028C.

(3) The Secretary of State must issue a code of practice specifying
matters to be considered in determining the amount of a penalty
under paragraph 28.

(4) The Secretary of State must have regard to the code (in addition to
35any other matters the Secretary of State thinks relevant)—

(a) when imposing a penalty under paragraph 28, and

(b) when considering a notice of objection under paragraph
28C.

(5) Before issuing a code under this paragraph the Secretary of State
40must lay the code before Parliament.

(6) A code under this paragraph comes into force in accordance with
provision made by regulations made by the Secretary of State.

(7) The Secretary of State may from time to time review a code under
this paragraph and may revise and re-issue it following a review.

(8) References in sub-paragraphs (5) and (6) to a code include a
revised code.

28B Penalty notices

(1) If the Secretary of State decides that a person is liable to a penalty
5under paragraph 28, the Secretary of State must notify the person
of that decision.

(2) A notice under sub-paragraph (1) (a “penalty notice”) must—

(a) be in writing,

(b) state why the Secretary of State thinks the recipient is liable
10to the penalty,

(c) state the amount of the penalty,

(d) specify the date on which the penalty notice is given,

(e) specify the date, at least 28 days after the date specified in
the notice as the date on which it is given, before which the
15penalty must be paid,

(f) specify how the penalty must be paid,

(g) include an explanation of the steps that the person may
take if the person objects to the penalty (including
specifying the manner and form in which any notice of
20objection must be given to the Secretary of State), and

(h) include an explanation of the steps the Secretary of State
may take to recover any unpaid penalty.

28C Objections

(1) The recipient of a penalty notice (“the recipient”) may object to the
25penalty notice by giving a notice of objection to the Secretary of
State.

(2) A notice of objection must—

(a) be in writing,

(b) give the reasons for the objection,

(c) 30be given in the manner and form specified in the penalty
notice, and

(d) be given before the end of the period of 28 days beginning
with the date specified in the penalty notice as the date on
which it is given.

(3) 35Where the Secretary of State receives a notice of objection, the
Secretary of State must consider it and—

(a) cancel the penalty,

(b) reduce the penalty,

(c) increase the penalty, or

(d) 40determine not to alter the penalty.

(4) After reaching a decision as to how to proceed under sub-
paragraph (3), the Secretary of State must notify the recipient of
the decision in writing.

(5) A notification under sub-paragraph (4) must be given before the
45end of the period of 70 days beginning with the date specified in

the penalty notice as the date on which it is given, or such longer
period as the Secretary of State may agree with the recipient.

(6) A notification under sub-paragraph (4), other than one notifying
the recipient that the Secretary of State has decided to cancel the
5penalty, must—

(a) state the amount of the penalty following the Secretary of
State’s consideration of the notice of objection,

(b) state the Secretary of State’s reasons for the decision under
sub-paragraph (3),

(c) 10specify the date, at least 28 days after the date on which the
notification is given, before which the penalty must be
paid,

(d) specify how the penalty must be paid,

(e) include an explanation of the recipient’s rights of appeal,
15and

(f) include an explanation of the steps the Secretary of State
may take to recover any unpaid penalty.

28D Appeals

(1) A person (“the appellant”) may appeal to the court against a
20decision to require the person to pay a penalty under paragraph
28.

(2) An appeal may be brought only if the appellant has given a notice
of objection and the Secretary of State has—

(a) reduced the penalty under paragraph 28C(3)(b),

(b) 25increased the penalty under paragraph 28C(3)(c), or

(c) determined not to alter the penalty under paragraph
28C(3)(d).

(3) An appeal must be brought within the period of 28 days beginning
with the date on which the appellant is notified of the Secretary of
30State’s decision on the notice of objection under paragraph 28C(4).

(4) On appeal, the court may—

(a) allow the appeal and cancel the penalty,

(b) allow the appeal and reduce the penalty, or

(c) dismiss the appeal.

(5) 35An appeal is to be a re-hearing of the Secretary of State’s decision
to impose a penalty and is to be determined having regard to—

(a) any code of practice under paragraph 28A(1) which had
effect at the time of the events to which the penalty relates,

(b) any code of practice under paragraph 28A(3) which has
40effect at the time of the appeal, and

(c) any other matters which the court thinks relevant (which
may include matters of which the Secretary of State was
unaware).

(6) Sub-paragraph (5) has effect despite any provision of rules of
45court.

(7) In this paragraph “the court” means—

(a) the county court, if the appeal relates to a penalty imposed
under paragraph 28 in relation to an airport in England
and Wales;

(b) the sheriff, if the appeal relates to a penalty imposed under
5paragraph 28 in relation to an airport in Scotland;

(c) a county court in Northern Ireland, if the appeal relates to
a penalty imposed under paragraph 28 in relation to an
airport in Northern Ireland.

(8) But—

(a) 10the county court in England and Wales, or a county court
in Northern Ireland, may transfer proceedings under this
paragraph to the High Court, and

(b) the sheriff may transfer proceedings under this paragraph
to the Court of Session.

28E 15Enforcement

(1) This section applies where a sum is payable to the Secretary of
State as a penalty under paragraph 28.

(2) In England and Wales the penalty is recoverable as if it were
payable under an order of the county court in England and Wales.

(3) 20In Scotland the penalty may be enforced in the same manner as an
extract registered decree arbitral bearing a warrant for execution
issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland the penalty is recoverable as if it were payable
under an order of a county court in Northern Ireland.

(5) 25Where action is taken under this paragraph for the recovery of a
sum payable as a penalty under this Chapter, the penalty is—

(a) in relation to England and Wales, to be treated for the
purposes of section 98 of the Courts Act 2003 (register of
judgments and orders etc) as if it were a judgment entered
30in the county court;

(b) in relation to Northern Ireland, to be treated for the
purposes of Article 116 of the Judgments Enforcement
(Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6))
(register of judgments) as if it were a judgment in respect
35of which an application has been accepted under Article 22
or 23(1) of that Order.

(6) Money paid to the Secretary of State by way of a penalty under
paragraph 28 must be paid into the Consolidated Fund.

28F Service of documents

(1) 40A document which is to be issued or served on a person outside
the United Kingdom for the purposes of paragraph 28B or 28C or
in the course of proceedings under paragraph 28E may be issued
or served—

(a) in person,

(b) 45by post,

(c) by facsimile transmission,