|
| |
|
(5) | If a constable or immigration officer reasonably suspects that a person has |
| |
committed an offence under subsection (3) he may arrest the person without |
| |
| |
(6) | An offence under subsection (3) shall be treated as— |
| |
(a) | a relevant offence for the purposes of sections 28B and 28D of the |
| 5 |
Immigration Act 1971 (c. 77) (search, entry and arrest), and |
| |
(b) | an offence under Part III of that Act (criminal proceedings) for the |
| |
purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of |
| |
| |
| 10 |
| “travel document” means a passport or other document which is issued |
| |
by or for Her Majesty’s Government or the government of another State |
| |
and which enables or facilitates travel from the United Kingdom to |
| |
| |
| “removal from the United Kingdom” means removal under— |
| 15 |
(a) | Schedule 2 to the Immigration Act 1971 (control on entry) |
| |
(including a provision of that Schedule as applied by another |
| |
provision of the Immigration Acts), |
| |
(b) | section 10 of the Immigration and Asylum Act 1999 (c. 33) |
| |
(removal of person unlawfully in United Kingdom), or |
| 20 |
(c) | Schedule 3 to this Act. |
| |
(8) | An order under section 26 providing for this section to come into force may, in |
| |
particular, provide for this section to have effect with specified modifications |
| |
before the coming into force of a provision of the Nationality, Immigration and |
| |
Asylum Act 2002 (c. 41) or of this Act. |
| 25 |
| |
| |
(a) | “residence restriction” means a restriction as to residence imposed |
| |
| |
(i) | paragraph 21 of Schedule 2 to the Immigration Act 1971 (control |
| 30 |
on entry) (including that paragraph as applied by another |
| |
provision of the Immigration Acts), or |
| |
(ii) | Schedule 3 to that Act (deportation), |
| |
(b) | “reporting restriction” means a requirement to report to a specified |
| |
person imposed under any of those provisions, |
| 35 |
(c) | “employment restriction” means a restriction as to employment or |
| |
occupation imposed under any of those provisions, and |
| |
(d) | “immigration bail” means— |
| |
(i) | release under a provision of the Immigration Acts on entry into |
| |
a recognizance or bail bond, and |
| 40 |
(ii) | bail granted in accordance with a provision of the Immigration |
| |
Acts by a court, a justice of the peace, the sheriff, the Asylum |
| |
and Immigration Tribunal, the Secretary of State or an |
| |
immigration officer (but not by a police officer or by the Special |
| |
Immigration Appeals Commission). |
| 45 |
(2) | Where a residence restriction is imposed on an adult— |
| |
(a) | he may be required to cooperate with electronic monitoring, and |
| |
|
| |
|
| |
|
(b) | failure to comply with a requirement under paragraph (a) shall be |
| |
treated for all purposes of the Immigration Acts as failure to observe |
| |
the residence restriction. |
| |
(3) | Where a reporting restriction could be imposed on an adult— |
| |
(a) | he may instead be required to cooperate with electronic monitoring, |
| 5 |
| |
(b) | the requirement shall be treated for all purposes of the Immigration |
| |
Acts as a reporting restriction. |
| |
(4) | Immigration bail may be granted to an adult subject to a requirement that he |
| |
cooperate with electronic monitoring; and the requirement may (but need not) |
| 10 |
be imposed as a condition of a recognizance or bail bond. |
| |
(5) | In this section a reference to requiring an adult to cooperate with electronic |
| |
monitoring is a reference to requiring him to cooperate with such |
| |
arrangements as the person imposing the requirement may specify for |
| |
detecting and recording by electronic means the location of the adult, or his |
| 15 |
presence in or absence from a location— |
| |
| |
(b) | during specified periods of time, or |
| |
(c) | throughout the currency of the arrangements. |
| |
(6) | In particular, arrangements for the electronic monitoring of an adult— |
| 20 |
(a) | may require him to wear a device; |
| |
(b) | may require him to make specified use of a device; |
| |
(c) | may prohibit him from causing or permitting damage of or interference |
| |
| |
(d) | may prohibit him from taking or permitting action that would or might |
| 25 |
prevent the effective operation of a device; |
| |
(e) | may require him to communicate in a specified manner and at specified |
| |
times or during specified periods of time; |
| |
(f) | may involve the performance of functions by persons other than the |
| |
person imposing the requirement to cooperate with electronic |
| 30 |
monitoring (and those functions may relate to any aspect or condition |
| |
of a residence restriction, of a reporting restriction, of an employment |
| |
restriction, of a requirement under this section or of immigration bail). |
| |
(7) | In this section “adult” means an individual who appears to be at least 18 years |
| |
old in the opinion of a person who— |
| 35 |
(a) | imposes a residence restriction, |
| |
(b) | could impose a reporting restriction, or |
| |
(c) | grants immigration bail. |
| |
(8) | The Secretary of State— |
| |
(a) | may make rules about arrangements for electronic monitoring for the |
| 40 |
purposes of this section, and |
| |
(b) | when he thinks that satisfactory arrangements for electronic |
| |
monitoring are available in respect of an area, shall notify persons |
| |
likely to be in a position to exercise power under this section in respect |
| |
| 45 |
(9) | Rules under subsection (8)(a) may, in particular, require that arrangements for |
| |
electronic monitoring impose on a person of a specified description |
| |
responsibility for specified aspects of the operation of the arrangements. |
| |
|
| |
|
| |
|
(10) | A requirement to cooperate with electronic monitoring— |
| |
(a) | shall comply with rules under subsection (8)(a), and |
| |
(b) | may not be imposed in respect of an adult who is or is expected to be in |
| |
an area unless the person imposing the requirement has received a |
| |
notification from the Secretary of State under subsection (8)(b) in |
| 5 |
| |
(11) | Rules under subsection (8)(a)— |
| |
(a) | may include incidental, consequential or transitional provision, |
| |
(b) | may make provision generally or only in relation to specified cases, |
| |
| 10 |
(c) | shall be made by statutory instrument, and |
| |
(d) | shall be subject to annulment in pursuance of a resolution of either |
| |
| |
(12) | Before the commencement of section 10 a reference in this section to the |
| |
Asylum and Immigration Tribunal shall be treated as a reference to— |
| 15 |
(a) | a person appointed, or treated as if appointed, as an adjudicator under |
| |
section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) |
| |
| |
(b) | the Immigration Appeal Tribunal. |
| |
| 20 |
16 | Immigration Services Commissioner: power of entry |
| |
After section 92 of the Immigration and Asylum Act 1999 (c. 33) (offences: |
| |
| |
“92A | Investigation of offence: power of entry |
| |
(1) | On an application made by the Commissioner a justice of the peace may |
| 25 |
issue a warrant authorising the Commissioner to enter and search |
| |
| |
(2) | A justice of the peace may issue a warrant in respect of premises only if |
| |
satisfied that there are reasonable grounds for believing that— |
| |
(a) | an offence under section 91 has been committed, |
| 30 |
(b) | there is material on the premises which is likely to be of |
| |
substantial value (whether by itself or together with other |
| |
material) to the investigation of the offence, and |
| |
(c) | any of the conditions specified in subsection (3) is satisfied. |
| |
(3) | Those conditions are— |
| 35 |
(a) | that it is not practicable to communicate with a person entitled |
| |
to grant entry to the premises, |
| |
(b) | that it is not practicable to communicate with a person entitled |
| |
to grant access to the evidence, |
| |
(c) | that entry to the premises will be prevented unless a warrant is |
| 40 |
| |
(d) | that the purpose of a search may be frustrated or seriously |
| |
prejudiced unless the Commissioner can secure immediate |
| |
entry on arrival at the premises. |
| |
|
| |
|
| |
|
(4) | The Commissioner may seize and retain anything for which a search is |
| |
authorised under this section. |
| |
(5) | A person commits an offence if without reasonable excuse he obstructs |
| |
the Commissioner in the exercise of a power by virtue of this section. |
| |
(6) | A person guilty of an offence under subsection (5) shall be liable on |
| 5 |
| |
(a) | imprisonment for a term not exceeding six months, |
| |
(b) | a fine not exceeding level 5 on the standard scale, or |
| |
| |
| 10 |
(a) | a reference to the Commissioner includes a reference to a |
| |
member of his staff authorised in writing by him, |
| |
(b) | a reference to premises includes a reference to premises used |
| |
wholly or partly as a dwelling, and |
| |
(c) | a reference to material includes a reference to material— |
| 15 |
(i) | whether or not it is material subject to legal privilege, |
| |
excluded material or special procedure material (in each |
| |
case within the meaning of the Police and Criminal |
| |
Evidence Act 1984 (c. 60)), and |
| |
(ii) | whether or not it would be admissible in evidence at a |
| 20 |
| |
(8) | In the application of this section to Scotland a reference to a justice of |
| |
the peace shall be taken as a reference to the sheriff or a justice of the |
| |
| |
17 | Offence of advertising services |
| 25 |
After section 92A of the Immigration and Asylum Act 1999 (c. 33) (inserted by |
| |
section 16 above) insert— |
| |
| |
(1) | A person commits an offence if— |
| |
(a) | he offers to provide immigration advice or immigration |
| 30 |
| |
(b) | provision by him of the advice or services would constitute an |
| |
offence under section 91. |
| |
(2) | For the purpose of subsection (1) a person offers to provide advice or |
| |
| 35 |
(a) | makes an offer to a particular person or class of person, |
| |
(b) | makes arrangements for an advertisement in which he offers to |
| |
provide advice or services, or |
| |
(c) | makes arrangements for an advertisement in which he is |
| |
described or presented as competent to provide advice or |
| 40 |
| |
(3) | A person guilty of an offence under this section shall be liable on |
| |
summary conviction to a fine not exceeding level 4 on the standard |
| |
| |
|
| |
|
| |
|
(4) | Subsections (3) to (7) of section 91 shall have effect for the purposes of |
| |
this section as they have effect for the purposes of that section. |
| |
(5) | An information relating to an offence under this section may in |
| |
England and Wales be tried by a magistrates’ court if— |
| |
(a) | it is laid within the period of six months beginning with the date |
| 5 |
(or first date) on which the offence is alleged to have been |
| |
| |
| |
(i) | within the period of two years beginning with that date, |
| |
| 10 |
(ii) | within the period of six months beginning with a date |
| |
certified by the Immigration Services Commissioner as |
| |
the date on which the commission of the offence came to |
| |
| |
18 | Appeal to Immigration Services Tribunal |
| 15 |
Section 87(3)(f) of the Immigration and Asylum Act 1999 (c. 33) (appeal to |
| |
Tribunal against deferral of decision) shall cease to have effect. |
| |
| |
(1) | Section 86 of the Immigration and Asylum Act 1999 (designated professional |
| |
bodies) shall be amended as follows. |
| 20 |
(2) | For subsection (2) substitute— |
| |
“(2) | The Secretary of State may by order remove a body from the list in |
| |
subsection (1) if he considers that the body— |
| |
(a) | has failed to provide effective regulation of its members in their |
| |
provision of immigration advice or immigration services, or |
| 25 |
(b) | has failed to comply with a request of the Commissioner for the |
| |
provision of information (whether general or in relation to a |
| |
particular case or matter).” |
| |
(3) | For subsection (9)(b) substitute— |
| |
“(b) | report to the Secretary of State if the Commissioner considers |
| 30 |
that a designated professional body— |
| |
(i) | is failing to provide effective regulation of its members |
| |
in their provision of immigration advice or immigration |
| |
| |
(ii) | has failed to comply with a request of the Commissioner |
| 35 |
for the provision of information (whether general or in |
| |
relation to a particular case or matter).” |
| |
(4) | After subsection (9) insert— |
| |
“(9A) | A designated professional body shall comply with a request of the |
| |
Commissioner for the provision of information (whether general or in |
| 40 |
relation to a specified case or matter).” |
| |
(5) | For paragraph 21(2) of Schedule 5 to the Immigration and Asylum Act 1999 |
| |
|
| |
|
| |
|
(c. 33) (Commissioner: annual report) substitute— |
| |
“(2) | The report must, in particular, set out the Commissioner’s opinion as |
| |
to the extent to which each designated professional body has— |
| |
(a) | provided effective regulation of its members in their provision of |
| |
immigration advice or immigration services, and |
| 5 |
(b) | complied with requests of the Commissioner for the provision of |
| |
| |
| |
| |
(1) | In prescribing a fee for an application or process under a provision specified in |
| 10 |
subsection (2) the Secretary of State may, with the consent of the Treasury, |
| |
prescribe an amount which is intended to— |
| |
(a) | exceed the administrative costs of determining the application or |
| |
undertaking the process, and |
| |
(b) | reflect benefits that the Secretary of State thinks are likely to accrue to |
| 15 |
the person who makes the application, to whom the application relates |
| |
or by or for whom the process is undertaken, if the application is |
| |
successful or the process is completed. |
| |
(2) | Those provisions are— |
| |
(a) | section 41(2) of the British Nationality Act 1981 (c. 61) (fees for |
| 20 |
applications, &c. under that Act), |
| |
(b) | section 5(1)(a) and (b) of the Immigration and Asylum Act 1999 (fees for |
| |
application for leave to remain, &c.), and |
| |
(c) | section 122 of the Nationality, Immigration and Asylum Act 2002 (c. 41) |
| |
(fees for work permit, &c.). |
| 25 |
(3) | An Order in Council under section 1 of the Consular Fees Act 1980 (c. 23) (fees) |
| |
which prescribes a fee in relation to an application for the issue of a certificate |
| |
under section 10 of the Nationality, Immigration and Asylum Act 2002 (right |
| |
of abode: certificate of entitlement) may prescribe an amount which is intended |
| |
| 30 |
(a) | exceed the administrative costs of determining the application, and |
| |
(b) | reflect benefits that in the opinion of Her Majesty in Council are likely |
| |
to accrue to the applicant if the application is successful. |
| |
(4) | Where an instrument prescribes a fee in reliance on this section it may include |
| |
provision for the refund, where an application is unsuccessful or a process is |
| 35 |
not completed, of that part of the fee which is intended to reflect the matters |
| |
specified in subsection (1)(b) or (3)(b). |
| |
(5) | Provision included by virtue of subsection (4)— |
| |
(a) | may determine, or provide for the determination of, the amount to be |
| |
| 40 |
(b) | may confer a discretion on the Secretary of State or another person |
| |
(whether in relation to determining the amount of a refund or in |
| |
relation to determining whether a refund should be made). |
| |
|
| |
|