Immigration Bill (HL Bill 109)

(2) In 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 5Appeals

65 Appeals 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
10(5).

(2) In 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
15“refusing P entry to, removing P from or requiring P to leave the United
Kingdom”.

(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) 20In 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”.

66 Continuation of leave: repeals

(1) In the Immigration Act 1971 omit section 3D (continuation of leave following
25revocation).

(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
(requirement to state additional grounds for application etc) omit “or 3D”.

(4) 30In 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repealed—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) paragraph 22 of Schedule 9 to the Immigration Act 2014.

(5) 35The 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) immediately before the coming into force of this section an appeal by P
40against 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.

67 Deemed refusal of leave to enter: repeals

(1) In 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
5to the Immigration Act 2014 is repealed.

(3) The repeals made by this section do not apply in relation to a person if,
immediately 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
10Schedule was pending within the meaning of section 104 of the Nationality,
Immigration and Asylum Act 2002.

Part 5 Support etc for certain categories of migrant

Support

68 15Support for certain categories of migrant

Schedule 11 (support for certain categories of migrant) has effect.

69 Unaccompanied refugee children: relocation and support

(1) The Secretary of State must, as soon as possible after the passing of this Act,
make arrangements to relocate to the United Kingdom and support 3,000
20unaccompanied refugee children from other countries in Europe.

(2) The relocation of children under subsection (1) shall be in addition to the
resettlement of children under the Vulnerable Persons Relocation Scheme.

70 Availability of local authority support

Schedule 12 (availability of local authority support) has effect.

25Transfer of responsibility for relevant children

71 Transfer of responsibility for relevant children

(1) This 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
30under Part 3, 4 or 5 of the Children Act 1989 (support for children and
families and care, supervision and protection of children) (“the relevant
provisions”) 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) 35The first authority may make arrangements with another local authority in
England (“the second authority”) under which—

(a) if 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
5subsection (1), the functions mentioned in that paragraph become
functions 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) 10functions under the relevant provisions cease to be functions of, and
may 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
15authority or the area of the first authority have effect as if C had that
connection 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
20authority (if that would otherwise be the case).

(4) Subsection (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
25arrangements have effect.

(6) The 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) 30In this section “local authority” means a local authority within the meaning of
the 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,

(b) 35a person under the age of 18 who is unaccompanied and who—

(i) requires 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, or

(c) 40a person under the age of 18 who is unaccompanied and who—

(i) has leave to enter or remain in the United Kingdom, 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
45of “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
construed in accordance with section 94(3) of the Immigration and
5Asylum Act 1999.

72 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
the purposes of enabling—

(a) 10arrangements to be made under section 71, or

(b) the Secretary of State to exercise functions under section 74.

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

(a) information about the support or accommodation provided to children
who are looked after by the local authority within the meaning of the
15Children 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
must provide it—

(a) 20in 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 71.

73 Request for transfer of responsibility for relevant children

(1) 25Subsection (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 71, and

(b) the second authority does not comply with the first authority’s request.

(2) 30The 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 71.

74 Scheme for transfer of responsibility for relevant children

(1) 35The Secretary of State may prepare a scheme for functions of, or which may be
conferred on, a local authority in England (“the transferring authority”) to
become functions of, or functions which may be conferred on, one or more
other local authorities in England (a “receiving authority”) in accordance with
arrangements under section 71.

(2) 40A scheme under this section—

(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
arrangements under section 71 between the transferring authority and

each receiving authority, must specify the relevant child or children, or
descriptions of relevant children, to which it relates.

(3) The Secretary of State may direct the transferring authority and each receiving
authority under a scheme under this section to comply with the scheme.

(4) 5A 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 each receiving 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) 10The 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) 15The 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 71 pursuant to the direction before it was modified or
withdrawn.

(10) 20Subsections (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
25direction 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 71.

75 Extension to Wales, Scotland and Northern Ireland

(1) 30The Secretary of State may by regulations make such provision as the Secretary
of State considers appropriate for enabling any of the provisions of sections 71
to 74 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—

(i) 35any of the provisions mentioned in subsection (1), or

(ii) provision which may be made under section 71(6) or (10), and

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

(3) Regulations under subsection (1) may amend, repeal or revoke any enactment
(including an enactment contained in this Act).

(4) 40Regulations 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) a Northern Ireland Minister, or

(e) a Northern Ireland department.

(5) In this section “enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning
5of 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) 10an enactment contained in, or in an instrument made under, Northern
Ireland legislation.

Part 6 Border security

76 Penalties relating to airport control areas

(1) 15In 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) Part 1A of this Schedule makes provision for and in connection with
the imposition of a penalty for certain breaches of sub-paragraph (2)
20or (3).”

(2) In that Schedule after Part 1 insert the Part 1A set out in Schedule 13.

77 Maritime enforcement

Schedule 14 (maritime enforcement) has effect.

78 Persons excluded from the United Kingdom under international obligations

(1) 25In 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) In section 8A of that Act (persons ceasing to be exempt) after subsection (3)
insert—

“(4) 30References in this section to a person who ceases to be exempt do not
include a person who ceases to be exempt by virtue of section 8B(3).”

(3) Section 8B of that Act (persons excluded from the United Kingdom under
international obligations) is amended as follows.

(4) In subsection (1) after paragraph (b) insert—

35““(and any leave given to a person who is an excluded person is
invalid)”.

(5) For subsection (3) substitute—

“(3) Any exemption of a person from the provisions of this Act under
section 8(1), (2) or (3) does not apply while the person is an excluded
40person.”

(6) In subsection (4) for “a designated instrument” substitute “an instrument
falling within subsection (5)”.

(7) In subsection (5) for “The Secretary of State may by order designate an
instrument” substitute “An instrument falls within this subsection”.

(8) 5After subsection (5) insert—

“(5A) Subsection (1), (2) or (3) does not apply to a person if—

(a) the application of that subsection to that person would be
contrary to the United Kingdom’s obligations under—

(i) the Human Rights Convention (within the meaning
10given by section 167(1) of the Immigration and Asylum
Act 1999), or

(ii) the Refugee Convention (within the meaning given by
that provision), or

(b) the person has been exempted from the application of that
15subsection under a process applying by virtue of the instrument
falling within subsection (5).”

(9) Omit subsections (6) to (8).

Part 7 Language requirements for public sector workers

79 20English language requirements for public sector workers

(1) A public authority must ensure that each person who works for the public
authority in a customer-facing role speaks fluent English.

(2) In determining how to comply with subsection (1), a public authority must
have regard to the code of practice under section 82 that is for the time being
25applicable to that authority.

(3) A public authority must operate an adequate procedure for enabling
complaints to be made to the authority about breaches by the authority of
subsection (1) and for the consideration of such complaints.

(4) In determining whether a procedure is adequate for the purposes of subsection
30(3), a public authority must have regard to the code of practice under section
82 that is for the time being applicable to that authority.

(5) For the purposes of this Part a person works for a public authority if the person
works—

(a) under a contract of employment with the public authority,

(b) 35under a contract of apprenticeship with the public authority,

(c) under a contract to do work personally with the public authority,

(d) in England and Wales or Scotland, as an agency worker within the
meaning of the Agency Workers Regulations 2010 (SI 2010/93SI 2010/93) in
respect of whom the public authority is the hirer within the meaning of
40those regulations,

(e) in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350SR 2011/350) in
respect of whom the public authority is the hirer within the meaning of
those regulations,

(f) for the public authority as a constable, or

(g) for the public authority in the course of Crown employment.

(6) In subsection (5) “Crown employment”—

(a) in relation to England and Wales and Scotland, has the meaning given
5by section 191(3) of the Employment Rights Act 1996,

(b) in relation to Northern Ireland, has the meaning given by Article 236(3)
of the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919SI 1996/1919
(NI 16)), and

(c) includes service as a member of the armed forces of the Crown and
10employment by an association established for the purposes of Part 11
of the Reserve Forces Act 1996.

(7) References in this Part to a person who works in a customer-facing role are to
a person who, as a regular and intrinsic part of the person’s role, is required to
speak to members of the public in English.

(8) 15For the purposes of this Part a person speaks fluent English if the person has a
command of spoken English which is sufficient to enable the effective
performance of the person’s role.

(9) This section applies in relation to a person who is working in a customer-facing
role for a public authority when this section comes into force as well as to a
20person who begins to work in such a role after that time.

(10) This section does not apply in relation to a person whose work is carried out
wholly or mainly outside the United Kingdom.

80 Meaning of “public authority”

(1) Subject as follows, in this Part “public authority” means a person with
25functions of a public nature.

(2) A person is not a public authority for the purposes of this Part if, apart from
this subsection, the person would be a public authority for those purposes
merely because the person exercises functions on behalf of another public
authority.

(3) 30A person who exercises functions in relation to Scotland is a public authority
for the purposes of this Part in relation to those functions only if and to the
extent that those functions relate to a reserved matter.

(4) In subsection (3) “Scotland” and “reserved matter” have the same meanings as
in the Scotland Act 1998.

(5) 35A person who exercises functions in relation to Wales is a public authority for
the purposes of this Part in relation to those functions only if and to the extent
that those functions relate to a matter which is outside the legislative
competence of the National Assembly for Wales.

(6) A person who exercises functions in relation to Northern Ireland is a public
40authority for the purposes of this Part in relation to those functions only if and
to the extent that those functions relate to an excepted matter.

(7) In subsection (6) “Northern Ireland” and “excepted matter” have the same
meanings as in the Northern Ireland Act 1998.

(8) The following are not public authorities for the purposes of this Part—

(a) the Security Service;

(b) the Secret Intelligence Service;

(c) the Government Communications Headquarters.

(9) The relevant Minister may by regulations amend subsection (8) so as to add,
5modify or remove a reference to a person or description of person with
functions of a public nature.

81 Power to expand meaning of person working for public authority

(1) The relevant Minister may by regulations amend section 79 with the effect that
a person who works for a contractor of a public authority is a person who
10works for the authority for the purposes of this Part.

(2) In subsection (1) “contractor”, in relation to a public authority, means a person
who—

(a) provides a service to members of the public as a result of an
arrangement made with a public authority (whether or not by that
15person), but

(b) is not a public authority.

(3) For the purposes of subsection (1) a person works for a contractor if the person
works—

(a) under a contract of employment with the contractor,

(b) 20under a contract of apprenticeship with the contractor,

(c) under a contract to do work personally with the contractor,

(d) in England and Wales or Scotland, as an agency worker within the
meaning of the Agency Workers Regulations 2010 (SI 2010/93SI 2010/93) in
respect of whom the contractor is the hirer within the meaning of those
25regulations, or

(e) in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350SR 2011/350) in
respect of whom the contractor is the hirer within the meaning of those
regulations.

82 30Duty to issue codes of practice

(1) The relevant Minister must issue a code or codes of practice for the purposes
of section 79.

(2) A code of practice must include provision about the following matters—

(a) the standard of spoken English to be met by a person working for a
35public authority to which the code applies in a customer-facing role;

(b) the action available to such a public authority where such a person does
not meet that standard;

(c) the procedure to be operated by such a public authority for enabling
complaints to be made to the authority about breaches by the authority
40of section 79(1) and for the consideration of such complaints;

(d) how the public authority is to comply with its other legal obligations as
well as complying with the duty in section 79(1).

(3) A code of practice may make such other provision as the relevant Minister
considers appropriate for securing that a person who works for a public

authority to which the code applies in a customer-facing role speaks fluent
English.

(4) A code of practice may make provision in relation to—

(a) all public authorities,

(b) 5particular descriptions of public authority, or

(c) particular public authorities.

(5) But the relevant Minister must ensure that there is at all times a code of practice
in force which applies to each public authority.

(6) A code of practice may make different provision for different purposes,
10including different provision for different public authorities or descriptions of
public authority.

83 Procedure for codes of practice

(1) In preparing a code of practice the relevant Minister must consult such persons
as the relevant Minister thinks appropriate.

(2) 15Before issuing a code of practice the relevant Minister must lay a draft of the
code before Parliament.

(3) A code of practice comes into force in accordance with provision made by
regulations made by the relevant Minister.

(4) After a code of practice has come into force the relevant Minister must publish
20it in such manner as the relevant Minister thinks appropriate.

(5) The relevant Minister may from time to time review a code of practice and may
revise and re-issue it following a review.

(6) References in subsections (1) to (4) to a code of practice include a revised code.

84 Application of Part to Wales

(1) 25Subsection (2) makes provision about the application of this Part in relation
to—

(a) a public authority that exercises functions only in Wales, and

(b) a public authority that exercises functions outside Wales and in Wales,
to the extent that it exercises functions in Wales.

(2) 30In the provisions of this Part listed in subsection (3) references to English are to
be read as references to English or Welsh.

(3) Those provisions are—

(a) section 79(1), (7) and (8), and

(b) section 82(2)(a) and (3).

85 35Interpretation of Part

In this Part—

• “contract” means a contract whether express or implied and, if express,
  whether oral or in writing;

• “public authority” has the meaning given by section 80;

Immigration BillPage 70

• “relevant Minister” means the Secretary of State or the Chancellor of the
  Duchy of Lancaster;

• “Wales” has the same meaning as in the Government of Wales Act 2006.

86 Crown application

5This Part binds the Crown.

Part 8 Fees and charges

Immigration

87 Immigration skills charge

(1) 10The Immigration Act 2014 is amended as follows.

(2) After section 70 insert—

“70A Immigration skills charge

(1) The Secretary of State may by regulations provide for a charge to be
imposed on—

(a) 15persons who make immigration skills arrangements, or

(b) any description of such persons.

(2) “Immigration skills arrangements” are arrangements made by a person
(“the sponsor”) with the Secretary of State with a view to securing that
an individual who is not exempt for the purposes of this section is
20granted entry clearance or leave to remain in the United Kingdom to
enable the individual to work for the sponsor in the United Kingdom.

(3) Regulations under this section may in particular—

(a) impose a separate charge on a sponsor in respect of each
individual in relation to whom the sponsor makes immigration
25skills arrangements;

(b) specify the amount of any charge (and different amounts may
be specified for different purposes);

(c) make provision about when or how a charge may or must be
paid to the Secretary of State;

(d) 30make provision about the consequences of a sponsor failing to
pay a charge;

(e) provide for exemptions from a charge;

(f) provide for the reduction, waiver or refund of part or all of a
charge (whether by conferring a discretion or otherwise).

(4) 35Sums paid by virtue of regulations under this section must—

(a) be paid into the Consolidated Fund, or

(b) be applied in such other way as the regulations may specify.

(5) Regulations under this section may be made only with the consent of
the Treasury.

(6) 40An individual is exempt for the purposes of this section if he or she is—

(a) a British citizen;

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

(c) a national of Switzerland;

(d) otherwise entitled to enter or remain in the United Kingdom by
5virtue of an enforceable EU right or of any provision made
under section 2(2) of the European Communities Act 1972.

(7) In this section “entry clearance” has the meaning given by section 33(1)
of the Immigration Act 1971.”

(3) In section 74(2) (orders and regulations which are subject to affirmative
10resolution procedure) after paragraph (j) insert—

“(ja) regulations under section 70A;”.

Passports and civil registration

88 Power to make passport fees regulations

(1) The Secretary of State may by regulations provide for fees to be charged in
15respect of the exercise by the Secretary of State of such functions in connection
with applications for the issue of a passport or other travel document as may
be specified.

(2) Regulations under subsection (1) are referred to in this section and section 89
as “passport fees regulations”.

(3) 20Passport fees regulations must provide for the fee in respect of the exercise of
each specified function to comprise one or more amounts each of which is—

(a) a specified fixed amount, or

(b) an amount calculated by reference to a specified hourly rate or other
specified factor.

(4) 25Provision made under subsection (3) may be intended to result in a fee in
respect of a specified function which exceeds the costs of exercising the
function.

(5) In specifying the amount of any fee, or hourly rate or other factor, the Secretary
of State may have regard only to the costs of exercising—

(a) 30the function;

(b) any other function of the Secretary of State in connection with United
Kingdom passports or other UK travel documents;

(c) any consular function.

This is subject to section 89(5).

(6) 35In respect of any fee provided for under this section, passport fees regulations
may—

(a) provide for exceptions;

(b) provide for the reduction, waiver or refund of part or all of a fee
(whether by conferring a discretion or otherwise);

(c) 40make provision about—

(i) the consequences of failure to pay a fee;

(ii) enforcement;

(iii) when a fee may or must be paid.

(7) In this section—

• “consular function” means—

  (a)

  any of the functions described in Article 5 of the Vienna
  Convention on Consular Relations set out in Schedule 1 to the
  5Consular Relations Act 1968;

  (b)

  any function in the United Kingdom which corresponds to a
  function mentioned in paragraph (a);

  in each case regardless of whether the function is exercised by a
  consular officer or by another person authorised by the Secretary of
  10State;

• “costs” includes—

  (a)

  the costs of the Secretary of State, and

  (b)

  the costs of any other person (whether or not funded from
  public money);

• 15“function” includes a power or a duty;

• “specified” means specified in passport fees regulations;

• “travel document” means a document which enables or facilitates travel
  from one state to another and a “UK travel document” means such a
  document issued by the Secretary of State;

• 20“United Kingdom passport” has the same meaning as in the Immigration
  Act 1971 (see section 33 of that Act).

(8) Any reference in this section to the exercise of a function includes a reference
to its exercise in particular circumstances, including its exercise—

(a) at particular times or in a particular place;

(b) 25under particular arrangements;

(c) otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the
convenience of applicants or persons making requests for the exercise of a
function.

89 30Passport fees regulations: supplemental

(1) Passport fees regulations may be made only with the consent of the Treasury.

(2) A fee under section 88 may relate to something done outside the United
Kingdom.

(3) Fees payable by virtue of section 88 may be recovered as a debt due to the
35Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 88 must be—

(a) paid into the Consolidated Fund, or

(b) applied in such other way as passport fees regulations may specify.

(5) Section 88 is without prejudice to—

(a) 40section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) section 102 of the Finance (No 2) Act 1987 (government fees and
charges), or

(c) any other power to charge a fee.

90 Power to charge for passport validation services

(1) The Secretary of State may charge a fee in respect of the provision of passport
validation services to persons on request.

(2) “Passport validation services” are services in connection with confirming the
5validity of United Kingdom passports or the accuracy of the information
contained in them which are provided for the purpose of preventing or
detecting crime.

(3) In this section “United Kingdom passport” has the same meaning as in the
Immigration Act 1971 (see section 33 of that Act).

(4) 10A fee payable under this section may be recovered as a debt due to the
Secretary of State.

(5) Fees paid to the Secretary of State under this section must be—

(a) paid into the Consolidated Fund, or

(b) applied in such other way as the Secretary of State may by regulations
15specify.

(6) Regulations under subsection (5) may be made only with the consent of the
Treasury.

(7) This section is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc),

(b) 20section 102 of the Finance (No 2) Act 1987 (government fees and
charges), or

(c) any other power to charge a fee.

91 Civil registration fees

(1) Schedule 15 (civil registration fees) has effect.

(2) 25In that Schedule—

(a) Part 1 amends enactments about civil registration in connection with
powers to make regulations for the charging of fees, and

(b) Part 2 makes consequential and related amendments.

Part 9 30Miscellaneous and general

Welfare of children

92 Duty regarding the welfare of children

For the avoidance of doubt, this Act does not limit any duty imposed on the
Secretary of State or any person by section 55 of the Borders, Citizenship and
35Immigration Act 2009 (duty regarding welfare of children).

Final provisions

93 Financial provisions

The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister
5of the Crown, a person holding office under Her Majesty or a
government department, and

(b) any increase attributable to the Act in the sums payable under any
other Act out of money so provided.

94 Transitional and consequential provision

(1) 10The Secretary of State may by regulations make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act.

(2) The Secretary of State may by regulations make such provision as the Secretary
of State considers appropriate in consequence of this Act.

(3) 15The provision that may be made by regulations under subsection (2) includes
provision amending, repealing or revoking any enactment.

(4) “Enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978;

(b) 20an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament;

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

(d) an enactment contained in, or in an instrument made under, Northern
25Ireland legislation.

(5) In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration
Acts”)—

(a) omit the “and” at the end of paragraph (i), and

(b) at the end of paragraph (j) insert “, and

(k) 30the Immigration Act 2016.”