Immigration and Asylum Bill

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House of Commons

Session 1998-99
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Other Bills before Parliament

Immigration and Asylum Bill

This is the text of the Immigration and Asylum Bill, as amended in Committee in the House of Commons and printed on 18th May 1999.

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. Continuation of leave pending decision.

4. Charges.

Exemption from immigration control

5. Members of missions other than diplomatic agents.

6. Persons ceasing to be exempt.

Removal from the United Kingdom

7. Removal of certain persons unlawfully in the United Kingdom.

8. Proof of identity of persons to be removed or deported.

Provision of financial security

9. Security on grant of entry clearance.

10. Provision of further security on extension of leave.

Information

11. Passenger information.

12. Notification of non-EEA arrivals.

13. Supply of information to Secretary of State.

14. Supply of information by Secretary of State.

Employment: code of practice

15. Restrictions on employment: code of practice.

Monitoring entry clearance

16. Monitoring refusals of entry clearance.

Reporting suspicious marriages

17. Duty to report suspicious marriages.

Facilities at ports

18. Provision of facilities for immigration control at ports.

Offences

19. Deception.

20. False statements etc.

PART II

CARRIERS' LIABILITY

Clandestine entrants

21. Penalty for carrying clandestine entrants.

22. Code of practice.

23. Defences to claim that penalty is due under section 21.

24. Procedure.

25. Power to detain vehicles etc. in connection with penalties under section 21.

26. Effect of detention.

27. Assisting illegal entry and harbouring.

Passengers without proper documents

28. Charges in respect of passengers without proper documents.

29. Visas for transit passengers.

30. Power to detain vehicles etc. in connection with charges under section 28.

Interpretation

31. Interpretation of Part II.

PART III

BAIL

Routine bail hearings

32. Bail hearings for detained persons.

33. Location of bail hearings.

34. Power to grant bail.

35. Forfeiture.

36. Power of arrest.

Procedure

37. Procedure.

38. Use of live television links at bail hearings.

Bail hearings under other enactments

39. Power to provide for certain bail hearings to be before magistrates.

40. Extension of right to apply for bail in deportation cases.

Grants

41. Grants to voluntary organisations.

PART IV

APPEALS

The appellate authorities

42. The Immigration Appeal Tribunal.

43. Adjudicators.

Appeals

44. General.

Leave to enter

45. Leave to enter the United Kingdom.

46. Limitations on rights of appeal under section 45.

Variation of limited leave to enter or remain

47. Variation of limited leave to enter or remain.

48. Limitations on rights of appeal under section 47.

Deportation

49. Deportation orders.

50. Limitations on rights of appeal under section 49.

Human rights

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

Directions for removal

52. Validity of directions for removal.

Objection to destination

53. Removal on objection to destination.

54. Limitations on rights of appeal under section 53.

Asylum

55. Claims for asylum.

56. Limitations on rights of appeal under section 55.

Removal to safe countries

57. Removal of asylum claimants to safe third countries.

Miscellaneous

58. Miscellaneous limitations on rights of appeal.

59. Limitation on further appeals.

"One-stop" procedure

60. Duty to disclose grounds for appeal etc.

61. Result of failure to comply with section 60.

62. "One-stop" appeals: asylum claims.

63. "One-stop" appeals: other cases.

64. Transfer of appellate proceedings.

Appeals without merit

65. Penalty on continuing an appeal without merit.

Grants

66. Grants to voluntary organisations.

PART V

IMMIGRATION ADVISERS AND IMMIGRATION SERVICE PROVIDERS

Interpretation

67. Interpretation of Part V.

The Immigration Services Commissioner

68. The Commissioner.

The general prohibition

69. Provision of immigration services.

70. Registration and exemption by the Commissioner.

71. Designated professional bodies.

The Immigration Services Tribunal

72. The Tribunal.

73. Appeal upheld by the Tribunal.

74. Disciplinary charge upheld by the Tribunal.

75. Orders by disciplinary bodies.

Enforcement

76. Offences.

77. Enforcement.

Miscellaneous

78. Information.

PART VI

SUPPORT FOR ASYLUM-SEEKERS

Interpretation

79. Interpretation of Part VI.

Provision of support

80. Persons for whom support may be provided.

81. Ways in which support may be provided.

82. Supplemental.

83. Secretary of State's scheme.

84. Temporary support.

Support and assistance by local authorities etc.

85. Provision of support by local authorities.

86. Local authority and other assistance for Secretary of State.

87. Reception zones.

Appeals

88. Asylum Support Adjudicators.

89. Appeals.

90. Secretary of State's rules.

Offences

91. False representations.

92. Dishonest representations.

93. Delay or obstruction.

94. Failure of sponsor to maintain.

95. Supplemental.

Expenditure

96. Payments to local authorities.

97. Grants to voluntary organisations.

98. Recovery of expenditure on support: misrepresentation etc.

99. Recovery of expenditure on support from sponsor.

100. Overpayments.

Exclusions

101. Exclusion from benefits.

102. Amendment of section 21 of the National Assistance Act 1948.

103. Other restrictions on assistance: England and Wales.

104. Housing authority accommodation.

105. Homelessness: Scotland and Northern Ireland.

106. Other restrictions on assistance: Scotland.

107. Other restrictions on assistance: Northern Ireland.

108. The Children Acts.

109. Back-dating of benefits where person recorded as refugee.

Miscellaneous

110. Secretary of State to be corporation sole for purposes of Part VI.

111. Entry of premises.

112. Information from property owners.

113. Requirement to supply information about redirection of post.

PART VII

POWER TO ARREST, SEARCH AND FINGERPRINT

Power to arrest

114. Arrest without warrant.

Power to search and arrest

115. Search and arrest by warrant.

116. Search and arrest without warrant.

Power to enter and search premises

117. Entry and search of premises.

118. Entry and search of premises following arrest.

119. Entry and search of premises following arrest under section 25(1) of the 1971 Act.

Power to search persons

120. Searching arrested persons.

121. Searching persons in police custody.

Seized material: access and copying

122. Access and copying.

Search warrants

123. Search warrants: safeguards.

124. Execution of warrants.

125. Interpretation.

Detention

126. Detention of persons liable to examination or removal.

Fingerprinting

127. Fingerprinting.

128. Attendance for fingerprinting.

129. Destruction of fingerprints.

130. Other methods of collecting data about physical characteristics.

Use of force

131. Use of force.

PART VIII

DETENTION CENTRES AND DETAINED PERSONS

Interpretation

132. Interpretation of Part VIII.

Detention centres

133. Management of detention centres.

134. Contracting out of certain detention centres.

135. Contracted out functions at directly managed detention centres.

136. Intervention by Secretary of State.

137. Visiting Committees and inspections.

138. Detention centre rules.

Custody and movement of detained persons

139. Detainee custody officers.

140. Custodial functions and discipline etc. at detention centres.

141. Arrangements for the provision of escorts and custody.

Miscellaneous

142. Wrongful disclosure of information.

143. Power of constable to act outside his jurisdiction.

PART IX

REGISTRAR'S CERTIFICATES: PROCEDURE

144. Abolition of certificate by licence.

145. Notice of marriage.

146. Power to require evidence.

147. Refusal to issue certificate.

PART X

MISCELLANEOUS AND SUPPLEMENTAL

148. Institution of proceedings.

149. Regulations and orders.

150. Interpretation.

151. Expenditure and receipts.

152. Minor and consequential amendments, transitional provisions and repeals.

153. Short title, commencement and extent.

SCHEDULES:

    Schedule 1 - Sale of Transporters.

    Schedule 2 - The Immigration Appeal Tribunal.

    Schedule 3 - Adjudicators.

    Schedule 4 - Appeals.

    Part I - Procedure.

    Part II - Effect of Appeals.

    Part III - 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.

© Parliamentary copyright 1999
Prepared 20 May 1999