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Immigration and Asylum Bill

This is the text of the Immigration and Asylum Bill, as presented to the House of Commons on 9th February 1999.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Home Office, are published separately as Bill 42--EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Straw has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Immigration and Asylum Bill are compatible with the Convention rights.

 
  
Immigration and Asylum Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
IMMIGRATION: GENERAL
Leave to enter, or remain in, the United Kingdom
Clause 
1.Leave to enter.
2.Leave to remain.
3.Charges.

Exemption from immigration control
4.Members of missions other than diplomatic agents.
5.Persons ceasing to be exempt.

Removal from the United Kingdom
6.Removal of certain persons unlawfully in the United Kingdom.

Provision of financial security
7.Security on grant of entry clearance.
8.Provision of further security on extension of leave.

Information
9.Passenger information.
10.Notification of non-EEA arrivals.
11.Supply of information to Secretary of State.
12.Supply of information by Secretary of State.

Employment: code of practice
13.Restrictions on employment: code of practice.

Monitoring entry clearance
14.Monitoring refusals of entry clearance.

Reporting suspicious marriages
15.Duty to report suspicious marriages.

Offences
16.Deception.
17.False statements etc.

PART II
CARRIERS' LIABILITY
Clandestine entrants
18.Penalty for carrying clandestine entrants.
19.Code of practice.
20.Defences to claim that penalty is due under section 18.
21.Procedure.
22.Power to detain vehicles etc. in connection with penalties under section 18.
23.Effect of detention.
24.Assisting illegal entry and harbouring.

Passengers without proper documents
25.Charges in respect of passengers without proper documents.
26.Visas for transit passengers.
27.Power to detain vehicles etc. in connection with charges under section 25.

Interpretation
28.Interpretation of Part II.

PART III
BAIL
Routine bail hearings
29.Bail hearings for detained persons.
30.Location of bail hearings.
31.Power to grant bail.
32.Forfeiture.
33.Power of arrest.

Procedure
34.Procedure.
35.Use of live television links at bail hearings.

Bail hearings under other enactments
36.Power to provide for certain bail hearings to be before magistrates.

Grants
37.Grants to voluntary organisations.

PART IV
APPEALS
The appellate authorities
38.The Immigration Appeal Tribunal.
39.Adjudicators.

Appeals
40.General.

Leave to enter
41.Leave to enter the United Kingdom.
42.Limitations on rights of appeal under section 41.

Variation of limited leave
43.Variation of limited leave to enter or remain.
44.Limitations on rights of appeal under section 43.

Deportation
45.Deportation orders.
46.Limitations on rights of appeal under section 45.

Human rights
47.Acts made unlawful by section 6(1) of the Human Rights Act 1998.

Directions for removal
48.Validity of directions for removal.

Objection to destination
49.Removal on objection to destination.
50.Limitations on rights of appeal under section 49.

Asylum
51.Claims for asylum.
52.Limitations on rights of appeal under section 51.

Removal to safe countries
53.Removal of asylum claimants to safe third countries.

Miscellaneous
54.Miscellaneous limitations on rights of appeal.

"One-stop" procedure
55.Duty to disclose grounds for appeal etc.
56.Result of failure to comply with section 55.
57."One-stop" appeals: asylum claims.
58."One-stop" appeals: other cases.

Appeals without merit
59.Penalty on continuing an appeal without merit.

Grants
60.Grants to voluntary organisations.

PART V
IMMIGRATION ADVISERS AND IMMIGRATION SERVICE PROVIDERS
Interpretation
61.Interpretation of Part V.

The Immigration Services Commissioner
62.The Commissioner.

The general prohibition
63.Provision of immigration services.
64.Registration and exemption by the Commissioner.
65.Designated professional bodies.

The Immigration Services Tribunal
66.The Tribunal.
67.Appeal upheld by the Tribunal.
68.Disciplinary charge upheld by the Tribunal.
69.Orders by disciplinary bodies.

Enforcement
70.Offences.
71.Enforcement.

Miscellaneous
72.Information.

PART VI
SUPPORT FOR ASYLUM-SEEKERS
Interpretation
73.Interpretation of Part VI.

Provision of support
74.Persons for whom support may be provided.
75.Ways in which support may be provided.
76.Supplemental.
77.Duration of support.
78.Secretary of State's scheme.
79.Temporary provision of support.

Support and assistance by local authorities etc.
80.Provision of support by local authorities.
81.Local authority and other assistance for Secretary of State.
82.Reception zones.

Appeals
83.Asylum Support Adjudicators.
84.Appeals.
85.Secretary of State's rules.

Offences
86.False representations.
87.Dishonest representations.
88.Delay or obstruction.
89.Failure of sponsor to maintain.
90.Supplemental.

Expenditure
91.Payments to local authorities.
92.Grants to voluntary organisations.
93.Recovery of expenditure on support: misrepresentation etc.
94.Recovery of expenditure on support from sponsor.

Exclusions
95.Exclusion from benefits.
96.Amendment of section 21 of the National Assistance Act 1948.
97.Other restrictions on assistance: England and Wales.
98.Other restrictions on assistance: Scotland.
99.The Children Acts.

Miscellaneous
100.Secretary of State to be corporation sole for purposes of Part VI.
101.Entry of premises.
102.Information from property owners.
103.Requirement to supply information about redirection of post.

PART VII
POWER TO ARREST AND SEARCH
Power to arrest
104.Arrest without warrant.

Power to search and arrest
105.Search and arrest by warrant.
106.Search and arrest without warrant.

Power to enter and search premises
107.Entry and search of premises.
108.Entry and search of premises following arrest.
109.Entry and search of premises following arrest under section 25(1) of the 1971 Act.

Power to search persons
110.Searching arrested persons.
111.Searching persons in police custody.

Seized material: access and copying
112.Access and copying.

Search warrants
113.Search warrants: safeguards.
114.Execution of warrants.
115.Interpretation.

Detention
116.Detention of persons liable to examination or removal.

Use of reasonable force
117.Use of force by immigration officers.

PART VIII
DETENTION CENTRES AND DETAINED PERSONS
Interpretation
118.Interpretation of Part VIII.

Detention centres
119.Management of detention centres.
120.Contracting out of certain detention centres.
121.Contracted out functions at directly managed detention centres.
122.Intervention by Secretary of State.
123.Visiting Committees and inspections.
124.Detention centre rules.

Custody and movement of detained persons
125.Detainee custody officers.
126.Custodial functions and discipline etc. at detention centres.
127.Arrangements for the provision of escorts and custody.

Miscellaneous
128.Wrongful disclosure of information.
129.Power of constable to act outside his jurisdiction.

PART IX
REGISTRAR'S CERTIFICATES: PROCEDURE
130.Abolition of certificate by licence.
131.Notice of marriage.
132.Power to require evidence.
133.Refusal to issue certificate.

PART X
MISCELLANEOUS AND SUPPLEMENTAL
134.Regulations and orders.
135.Interpretation.
136.Expenditure and receipts.
137.Minor and consequential amendments, transitional provisions and repeals.
138.Short title, commencement and extent.
 

SCHEDULES:
    Schedule 1-Detention and Sale of Transporters.
    Schedule 2-The Immigration Appeal Tribunal.
    Schedule 3-Adjudicators.
    Schedule 4-Appeals.
    Part I-Procedure.
    Part II-Determination of Appeals.
    Schedule 5-The Immigration Services Commissioner.
    Part I-Regulatory Functions.
    Part II-Commissioner's Status, Remuneration and Staff etc.
    Schedule 6-Registration.
    Schedule 7-The Immigration Services Tribunal.
    Schedule 8-Asylum Support Adjudicators.
    Schedule 9-Detainee Custody Officers.
    Schedule 10-Discipline etc at Detention Centres.
    Schedule 11-Escort Arrangements.
    Schedule 12-Consequential Amendments.
    Schedule 13-Transitional Provisions and Savings.
    Schedule 14-Repeals.
 

 
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Prepared 9 February 1999