Amendments proposed to the Immigration and Asylum Bill - continued House of Commons

back to previous text

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

416

Clause     94,     page     54,     line     10,     at end insert 'and in a case where the sponsor has been convicted under section 89 above the Secretary of State may apply to the court before which the sponsor has been convicted for an order under this section'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

417

Clause     94,     page     54,     line     17,     at end insert—

    '(4A) No order shall be made under this section if the Court considers that the sponsor had a reasonable excuse for his failure to maintain or accommodate the person in respect of whom he gave a written undertaking'.'


   

Mr Peter Bottomley

140

Clause     95,     page     55,     line     13,     after 'control', insert ', except that those granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended are entitled, for a period or periods not exceeding 42 days in total during any one period of leave, to income support, housing benefit and council tax benefit in cases where remittances from abroad have been disrupted by circumstances beyond their control and there is a reasonable expectation that the supply of funds will be resumed.'.

   

Mr Peter Bottomley

141

Clause     95,     page     55,     line     21,     after 'control', insert ', except that those granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended are entitled, for a period or periods not exceeding 42 days in total during any one period of leave, to income support and housing benefit in cases where remittances from abroad have been disrupted by circumstances beyond their control and there is a reasonable expectation that the supply of funds will be resumed.'.

   

Mr Peter Bottomley

142

Clause     95,     page     55,     line     22,     after 'to', insert 'any person entitled to any benefit on the day before this Act comes into effect, in respect of any benefit to which they were then entitled, nor to'.


   

Mr Peter Bottomley

143

Clause     96,     page     56,     line     4,     after 'destitute', insert ', except in the case of persons granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended who have been deserted or are fleeing the effects of domestic violence'.


   

Mr Peter Bottomley

144

Clause     98,     page     57,     line     17,     after 'destitute', insert ', except in the case of persons granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended who have been deserted or are fleeing the effects of domestic violence'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

418

Clause     99,     page     58,     line     27,     leave out 'may be' and insert 'are being'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

419

Clause     101,     page     59,     line     5,     after 'provided', insert 'by the Secretary of State or which the Secretary of State has arranged to be provided'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

420

Clause     101,     page     59,     leave out lines 6 to 13 and insert—

    '(2) If on an application made by a person authorised in writing by the Secretary of State a Justice of the Peace is satisfied that there are reasonable grounds for believing that—

      (a) a supported person or his dependants are not resident in the accommodation;

      (b) the accommodation is being improperly treated; or

      (c) a person other than the supported person and his dependants (if any) is residing in the accommodation he may issue a warrant authorising a constable to enter and search the premises for the purpose of ascertaining whether or not the circumstances outlined in (a) to (c) above exist'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

421

Clause     103,     page     59,     leave out lines 33 and 34.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

422

Clause     104,     page     60,     line     4,     at beginning insert—

    '(1) In this Part an "immigration officer" means an immigration officer who is authorised by the Secretary of State to exercise the powers conferred by this Part and the Secretary of State shall not so authorise an immigration officer unless he is satisfied that the immigration officer has received such training as the Secretary of State considers to be appropriate'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

423

Clause     104,     page     60,     line     30,     after '(1)', insert '(d) or '.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

424

Clause     104,     page     60,     leave out lines 33 and 34 and insert 'only if any of (a), (b), (c) or (d) of subsection (7) ("the first condition") or (a), (b) or (c) of subsection (8) ("the second condition") are satisfied'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

425

Clause     105,     page     61,     line     32,     at end insert—

    '(4A) A search under a warrant granted under this section may only be a search to the extent that is reasonably required for the purpose for which the warrant was granted'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

426

Clause     106,     page     62,     leave out lines 13 to 15 and insert—

    '(4) The power may be exercised only if the officer—

      (a) identifies himself to the occupier and produces to him documentary evidence that he is an immigration officer;

      (b) explains to the occupier the purpose of the search; and

      (c) gives to the occupier a notice in writing stating the identity of the officer and the purpose of the search.

    (5) Where it appears to the officer necessary to do so the officer must take reasonable steps to satisfy (a) to (c) of subsection (4) above in a language or manner which the occupier is able to understand.

    (6) Where—

      (a) the occupier of such premises is not present when an officer seeks to exercise the power conferred by this section; but

      (b) some other person who appears to the officer to be in charge of the premises is present

    subsections (4) and (5) above shall have effect as if any reference to the occupier were a reference to that person.'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

432

Clause     109,     page     65,     line     43,     at end insert—

    '(5A) If the person who was in occupation or control of the premises is in detention at the time of the search, a copy of the record referred to in subsection (5) shall be given to him and if he was in police detention at the time the record shall form part of his custody record'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

427

Clause     110,     page     66,     line     33,     after 'headgear', insert 'unless the headgear has cultural or religious significance'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

428

Clause     110,     page     66,     line     33,     leave out from 'headgear' to end of line 34.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

429

Clause     110,     page     67,     line     2,     at end insert—

    '(9) Subsection (3)(b) above shall not apply where the person arrested is not able to fully comprehend the reason for any such search, whether by reason of language, mental or other disability or age and in such circumstances any such search should only be carried out at a police station and in the presence of an interpreter.'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

430

Clause     110,     page     67,     line     36,     after 'privilege', insert 'or items of excluded or special procedure material'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

433

Clause     111,     page     68,     line     11,     at beginning insert 'Subject to subsection (2A) below'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

431

Clause     111,     page     68,     leave out lines 14 to 18.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

434

Clause     111,     page     68,     line     21,     at end insert—

    '(2A) Where a person is in police detention at a place other than a police station an immigration officer may only search him—

      (a) to see whether he has with him anything which the officer has reasonable grounds for believing is evidence relating to the offence in question;

      (b) investigation of the offence in question will be hampered if a search is delayed until the person arrives at a police station'.

 
previous section contents continue
 

©Parliamentary copyright 1998
Prepared 27 Apr 1999