| Amendments proposed to the Immigration and Asylum Bill - continued | House of Commons |
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Sir Norman Fowler 435 Clause 111, page 68, line 39, at end insert 'and where it appears necessary to do so the officer must take reasonable steps to explain the reason for the seizure in a language or manner which the person understands'.
Sir Norman Fowler 436 Clause 111, page 69, leave out lines 39 to 44.
Sir Norman Fowler 437 Clause 111, page 70, line 24, at end insert 'and where it appears necessary to do so the officer must take reasonably steps to explain the reason for the seizure in a language or manner which the person understands'.
Sir Norman Fowler 438 Clause 114, page 73, line 30, at end insert—'(3A) If there are reasonable grounds for believing that the occupier of the premises may not be able to fully comprehend the purpose of the warrant the immigration officer must take reasonable steps to ensure that he is accompanied by a suitable interpreter unless obtaining the presence of such an interpreter would cause delay so as to frustrate the purpose of the search'.
Mr Mike O'Brien 515 Clause 114, page 74, line 17, leave out from first 'the' to end of line 18 and insert 'justices' chief executive appointed by the magstrates' court committee whose area includes the petty sessions area for which the justice acts'.
Sir Norman Fowler 439 Clause 116, page 75, line 8, at end insert 'but he may not detain that person for more than one week unless he obtains the authority of a senior officer to do so and he may not detain that person for more than one month unless he obtains the authority of a justice of the peace to do so'.
Sir Norman Fowler 440 Clause 122, page 78, line 14, leave out 'or the contract monitor'.
Sir Norman Fowler 441 Clause 123, page 78, line 42, at end insert—
Sir Norman Fowler 442 Clause 124, page 79, line 14, at end add—'(4) For detainees to receive visits for the purpose of giving legal advice by any voluntary organisation in receipt of a grant under section 37.'.
Sir Norman Fowler 446 Schedule 9, page 104, line 18, leave out from 'level' to the end of the line and insert '5 on the standard scale or to imprisonment for a term not exceeding six months or to both'.
Sir Norman Fowler 447 Schedule 9, page 104, line 29, after 'headgear', insert 'unless the headgear has cultural or religious significance'.
Sir Norman Fowler 448 Schedule 9, page 104, line 38, at end insert—'(5) The details of any exercise of powers under this paragraph must be noted in a register kept for this purpose which must be open for inspection'.
Sir Norman Fowler 449 Schedule 9, page 104, line 41, leave out from 'facility' to end of line 42.
Sir Norman Fowler 450 Schedule 9, page 105, leave out lines 3 and 4 and insert 'acting in the course of his duties'.
Sir Norman Fowler 443 Schedule 9, page 105, leave out lines 16 to 18 and insert 'acting in the coursse of his duties'.
Sir Norman Fowler 444 Schedule 9, page 105, line 20, leave out '3' and insert '4'.
Sir Norman Fowler 445 Schedule 9, page 105, line 22, leave out 'paragraphs 2 and 3' and insert 'this Schedule'.
Mr Mike O'Brien 494 Clause 134, page 84, line 9, leave out 'Secretary of State' insert 'person making it'.
Mr Mike O'Brien 55 Clause 134, page 84, leave out line 12 and insert—
Mr Mike O'Brien 56 Clause 135, page 84, line 27, at end insert—'"country" includes any territory;'.
Mr Mike O'Brien 603 Clause 135, page 84, line 27, at end insert—
Mr Mike O'Brien 604 Clause 135, page 84, line 27, at end insert—
Mr Mike O'Brien 57 Clause 135, page 84, line 34, leave out from beginning to end of line 35.
Mr Mike O'Brien 58 Clause 135, page 84, line 37, at end insert—'( ) The following expressions have the same meanings as in the 1971 Act— "certificate of entitlement"; "entry clearance"; "immigration officer"; "immigration rules"; "United Kingdom passport"; "work permit".'.
Mr Mike O'Brien 605 Clause 135, page 84, line 37, at end insert—
Mr Mike O'Brien 516 Clause 136, page 85, line 4, after '94' insert 'or by the Lord Chancellor under section 32 (1B)'.
Mr Richard Allan 114 Schedule 12, page 112, leave out lines 24 to 33.
Mr Mike O'Brien 610 Schedule 12, page 113, line 1, at end insert—'. In section 33 (interpretation), for subsection (4) substitute—
Mr Mike O'Brien 68 Schedule 12, page 113, line 39, at end insert—'. In Schedule 2, in paragraph 4(1) and (2) (production of information and documents in connection with examinations), after "paragraph 2", insert ", 2A".'.
Mr Mike O'Brien 611 Schedule 12, page 114, line 13, at end insert—'. In Schedule 2, omit paragraph 28. . In Schedule 2, in paragraph 29, for "13(1), 16 or 17 of this Act" substitute " 41, 48, 49, 51(1) or (4) or 53 of the Immigration and Asylum Act 1999". . In Schedule 3 (supplementary provision as to deportation), in paragraph 3—
Mr Mike O'Brien 612 Schedule 12, page 116, line 37, at end insert—
'The Asylum and Immigration Appeals Act 1993 (c.23) . The Asylum and Immigration Appeals Act 1993 is amended as follows.. Omit sections 7 to 9. . For paragraph (a) of section 9A(1) (bail pending appeal from Immigration Appeal Tribunal), substitute—
. Omit sections 10 to 12. . Omit Schedule 2.'.
Mr Mike O'Brien 613 Schedule 12, page 116, line 41, at end insert—
'The Special Immigration Appeals Commission Act 1997 (c.68) . The Special Immigration Appeals Act 1997 is amended as follows.. In section 2 (appellate jurisdiction of the Commission), for subsection (1) substitute—
(1A) "Public interest provision" means any of—
. In section 4 (determination of appeals), after subsection (1) insert—
. In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)—
. In Schedule 2 (supplementary provisions as to appeals) for paragraphs 1 to 3 substitute—
"Stay on directions for removal 1. If a person in the United Kingdom appeals under section 2(1) above on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given so long as the appeal is pending.2. If a person in the United Kingdom appeals under section 2(1) above against any directions given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for his removal from the United Kingdom, those directions except in so far as they have already been carried out, have no effect while the appeal is pending. 3. But the provisions of Part I of Schedule 2 or, as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under section 2(1) above as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending. 3A. In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for the giving of directions under that paragraph for the removal of a person from the United Kingdom and for the giving of a notice of intention to give such directions, any period during which there is pending an appeal by him under section 2(1) above is to be disregarded. 3B. If directions are given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for anyone's removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under section 2(1) above, the appeal has the same effect under paragraphs 1 to 3A in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant.
Suspension of variation of limited leave 3C. A variation is not to take effect while an appeal is pending under section 2(1) above against the variation.
Continuation of leave 3D.—(1) While an appeal under section 2(1) above is pending, the leave to which the appeal relates, and any conditions subject to which it was granted continue to have effect.(2) A person may not make an application for a variation of his leave to enter or remain while that leave is treated as continuing to have effect as a result of sub-paragraph (1). (3) For the purposes of section 2(1), in calculating whether, as a result of a decision, a person may be required to leave the United Kingdom within twenty-eight days, a continuation of leave under this paragraph is to be disregarded.
Deportation orders 3E. A deportation order is not to be made against a person under section 5 of the 1971 Act while an appeal duly brought under section 2(1) above against the decision to make it is pending.3F. In calculating the period of eight weeks set by section 5(3) of the 1971 Act for making a deportation order against a person as belonging to the family of another person, there is to be disregarded any period during which an under section 2(1) above against the decision to make the order is pending."
. In Schedule 2, omit paragraph 5. . In Schedule 2, for paragraphs 6 and 7 substitute—
"Notice of appealable decision and statement of appeal rights etc. 6. Paragraph 2 of Schedule 4 to the Immigration and Asylum Act 1999 has effect as if section 2 of this Act were contained in Part IV of that Act.
Financial support for organisations helping persons with rights of appeal 7. Section 60 of the Immigration and Asylum Act 1999 shall have effect as if section 2 above were contained in Part IV of that Act.". '.
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| ©Parliamentary copyright 1998 | Prepared 27 Apr 1999 |