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| Notification of non-EEA arrivals. |
10. In the 1971 Act, in Schedule 2 after paragraph 27B, insert-
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"Notification of non-EEA arrivals |
| | 27C. - (1) If a senior officer, or an immigration officer authorised by a senior officer, gives written notice to the owner or agent ("the carrier") of a ship or aircraft, the carrier must inform a relevant officer of the expected arrival in the United Kingdom of any ship or aircraft-
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(a) of which he is the owner or agent; and |
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(b) which he expects to carry a person who is not an EEA national. |
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(2) The notice may relate to-
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(a) a particular ship or particular aircraft of the carrier; |
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(b) particular ships or aircraft (however described) of the carrier; or |
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(c) all of the carrier's ships or aircraft. |
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(3) The notice continues in force until withdrawn by written notice given by a senior officer.
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(4) The information must be provided-
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(a) in such form and manner as the notice may require; and |
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(b) before the ship or aircraft concerned departs for the United Kingdom. |
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(5) If a ship or aircraft travelling to the United Kingdom stops at one or more places before arriving in the United Kingdom, it is to be treated as departing for the United Kingdom when it leaves the last of those places.
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(6) "Senior officer" means an immigration officer not below the rank of chief immigration officer.
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(7) "Relevant officer" means-
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(a) the officer who gave the notice under sub-paragraph (1); or |
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(b) any immigration officer at the port at which the ship or aircraft concerned is expected to arrive. |
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(8) "EEA national" means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being."
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| Supply of information to Secretary of State. |
11. - (1) This section applies to information held by-
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(a) a chief officer of police; |
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(b) a member of the National Criminal Intelligence Service; |
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(c) a member of the National Crime Squad; |
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(d) the Commissioners of Customs and Excise, or a person providing services to them in connection with the provision of those services; or |
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(e) any specified person, for purposes specified in relation to that person. |
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(2) The information may be supplied to the Secretary of State for use for immigration purposes.
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(3) "Immigration purposes" means any of the following-
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(a) the administration of immigration control under the Immigration Acts; |
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(b) the prevention, detection, investigation or prosecution of criminal offences under those Acts; |
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(c) the imposition of penalties or charges under Part II of this Act; |
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(d) such other purposes as may be specified. |
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(4) "Chief officer of police" means-
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(a) the chief officer of police for a police area in England and Wales; |
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(b) the chief constable of a police force maintained under the Police (Scotland) Act 1967; |
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(c) the Chief Constable of the Royal Ulster Constabulary. |
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(5) "Specified" means specified in an order made by the Secretary of State.
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| Supply of information by Secretary of State. |
12. - (1) This section applies to information held by the Secretary of State in connection with the exercise of functions under any of the Immigration Acts.
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(2) The information may be supplied to-
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(a) a chief officer of police, for use for police purposes; |
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(b) a member of the National Criminal Intelligence Service, for use for NCIS purposes; |
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(c) a member of the National Crime Squad, for use for NCS purposes; |
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(d) the Commissioners of Customs and Excise, or a person providing services to them, for use for customs purposes; or |
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(e) any specified person, for use for purposes specified in relation to that person. |
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(3) "Police purposes" means any of the following-
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(a) the prevention, detection, investigation or prosecution of criminal offences; |
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(b) safeguarding national security; |
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(c) such other purposes as may be specified. |
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(4) "NCIS purposes" means any of the functions of the National Criminal Intelligence Service mentioned in section 2 of the Police Act 1997.
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(5) "NCS purposes" means any of the functions of the National Crime Squad mentioned in section 48 of that Act.
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(6) "Customs purposes" means any of the Commissioners' functions in relation to-
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(a) the prevention, detection, investigation or prosecution of criminal offences; |
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(b) the prevention, detection or investigation of conduct in respect of which penalties which are not criminal penalties are provided for by or under any enactment; |
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(c) the assessment or determination of penalties which are not criminal penalties; |
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(d) checking the accuracy of information relating to, or provided for purposes connected with, any matter under the care and management of the Commissioners; |
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(e) amending or supplementing any such information (where appropriate); |
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(f) legal or other proceedings relating to anything mentioned in paragraphs (a) to (e); |
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(g) safeguarding national security; and |
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(h) such other purposes as may be specified. |
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(7) "Chief officer of police" and "specified" have the same meaning as in section 11.
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Employment: code of practice |
| Restrictions on employment: code of practice. |
13. In the Asylum and Immigration Act 1996, after section 8, insert-
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| "Code of practice. |
8A. - (1) The Secretary of State must issue a code of practice as to the measures which an employer is to be expected to take, or not to take, with a view to securing that, while avoiding the commission of an offence under section 8, he also avoids unlawful discrimination.
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(2) "Unlawful discrimination" means-
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(a) discrimination in contravention of section 4(1) of the Race Relations Act 1976 ("the 1976 Act"); or |
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(b) in relation to Northern Ireland, discrimination in contravention of Article 6(1) of the Race Relations (Northern Ireland) Order 1997 ("the 1997 Order"). |
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(3) Before issuing the code, the Secretary of State must-
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(a) prepare and publish a draft of the proposed code; and |
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(b) consider any representations about it which are made to him. |
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(4) In preparing the draft, the Secretary of State must consult-
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(a) the Commission for Racial Equality; |
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(b) the Equality Commission for Northern Ireland; and |
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(c) such organisations and bodies (including organisations or associations of organisations representative of employers or of workers) as he considers appropriate. |
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(5) If the Secretary of State decides to proceed with the code, he must lay a draft of the code before both Houses of Parliament.
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(6) The draft code may contain modifications to the original proposals made in the light of representations to the Secretary of State.
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(7) After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order made by statutory instrument.
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(8) An order under subsection (7)-
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(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament; |
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(b) may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code. |
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(9) A failure on the part of any person to observe a provision of the code does not of itself make him liable to any proceedings.
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(10) But the code is admissible in evidence-
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(a) in proceedings under the 1976 Act before an employment tribunal; |
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(b) in proceedings under the 1997 Order before an industrial tribunal. |
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(11) If any provision of the code appears to the tribunal to be relevant to any question arising in such proceedings, that provision is to be taken into account in determining the question.
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(12) The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.
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(13) The provisions of this section also apply (with appropriate modifications) to any revision, or proposed revision, of the code."
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Monitoring entry clearance |
| Monitoring refusals of entry clearance. |
14. - (1) The Secretary of State must appoint a person to monitor, in such a manner as the Secretary of State may determine, refusals of entry clearance in cases where there is, as a result of section 42(5), no right of appeal.
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(2) But the Secretary of State may not appoint a member of his staff.
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(3) The monitor must make an annual report on the discharge of his functions to the Secretary of State.
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(4) The Secretary of State must lay a copy of any report made to him under subsection (3) before each House of Parliament.
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(5) The Secretary of State may pay to the monitor such fees and allowances as he may determine.
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(6) The Treasury's approval is required for any determination under subsection (5).
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