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Delay or obstruction. |
93. - (1) A person is guilty of an offence if, without reasonable excuse, he- |
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(a) intentionally delays or obstructs a person exercising functions conferred by or under this Part; or |
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(b) refuses or neglects to answer a question, give any information or produce a document when required to do so in accordance with any provision made by or under this Part. |
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(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
Failure of sponsor to maintain. |
94. - (1) A person is guilty of an offence if, during any period in respect of which he has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person- |
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(a) he persistently refuses or neglects to maintain that person in accordance with the undertaking; and |
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(b) in consequence of his refusal or neglect, support under section 80 is provided for or in respect of that person. |
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(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both. |
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(3) For the purposes of this section, a person is not to be taken to have refused or neglected to maintain another person by reason only of anything done or omitted in furtherance of a trade dispute. |
Supplemental. |
95. - (1) If an offence under section 91, 92, 93 or 94 committed by a body corporate is proved- |
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(a) to have been committed with the consent or connivance of an officer, or |
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(b) to be attributable to neglect on his part, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. |
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(2) "Officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity. |
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(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. |
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(4) If an offence under section 91, 92, 93 or 94 committed by a partnership in Scotland is proved- |
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(a) to have been committed with the consent or connivance of a partner, or |
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(b) to be attributable to neglect on his part, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. |
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(5) "Partner" includes a person purporting to act as a partner. |
| Expenditure |
Payments to local authorities. |
96. - (1) The Secretary of State may from time to time pay to any local authority such sums as he considers appropriate in respect of expenditure incurred, or to be incurred, by the authority in connection with- |
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(a) persons who are, or have been, asylum-seekers; and |
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(2) The Secretary of State may make payments to any local authority towards the discharge of any liability of supported persons or their dependants in respect of council tax payable to that authority. |
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(3) The Secretary of State must pay to an authority to which a direction under section 87(4) is given such sums as he considers represent the reasonable costs to that authority of complying with the direction. |
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(4) Payments under subsection (1) or (2) may be made on such terms, and subject to such conditions, as the Secretary of State may determine. |
Grants to voluntary organisations. |
97. - (1) The Secretary of State may make grants of such amounts as he thinks appropriate to voluntary organisations in connection with- |
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(a) the provision by them of support (of whatever nature) to persons who are, or have been, asylum-seekers and to their dependants; and |
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(2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine. |
Recovery of expenditure on support: misrepresentation etc. |
98. - (1) This section applies if, on an application made by the Secretary of State, the court determines that- |
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(a) a person ("A") has misrepresented or failed to disclose a material fact (whether fraudulently or otherwise); and |
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(b) as a consequence of the misrepresentation or failure, support has been provided under section 80 or 84 (whether or not to A). |
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(2) If the support was provided by the Secretary of State, the court may order A to pay to the Secretary of State an amount representing the monetary value of the support which would not have been provided but for A's misrepresentation or failure. |
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(3) If the support was provided by another person ("B") in accordance with arrangements made with the Secretary of State under section 80 or 84, the court may order A to pay to the Secretary of State an amount representing the payment to B which would not have been made but for A's misrepresentation or failure. |
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(4) "Court" means a county court, or in Scotland the sheriff. |