|
|
| |
| |
|
| |
(b) | effected so that the State or part remains listed in respect of a |
| |
| |
(4) | After section 112(5) of that Act (orders, &c.) insert— |
| |
“(5A) | If an instrument makes provision under section 94(5) and 94(6)— |
| 5 |
(a) | subsection (4)(b) above shall apply, and |
| |
(b) | subsection (5)(b) above shall not apply.” |
| |
| |
13 | Removing asylum seeker to safe country |
| |
(1) | Schedule 3 (which concerns the removal of persons claiming asylum to |
| 10 |
countries known to protect refugees and to respect human rights) shall have |
| |
| |
(2) | Sections 11 and 12 of the Immigration and Asylum Act 1999 (c. 33) (removal of |
| |
asylum claimant to country under standing or other arrangements) shall cease |
| |
| 15 |
(3) | The following provisions of the Nationality, Immigration and Asylum Act 2002 |
| |
(c. 41) shall cease to have effect— |
| |
(a) | section 80 (new section 11 of 1999 Act), and |
| |
(b) | section 93 (appeal from within United Kingdom: “third country” |
| |
| 20 |
14 | Detention pending deportation |
| |
(1) | In paragraph 2(1) of Schedule 3 to the Immigration Act 1971 (c. 77) (detention |
| |
pending deportation on recommendation by court) for the words “and that |
| |
person is neither detained in pursuance of the sentence or order of any court |
| |
nor for the time being released on bail by any court having power so to release |
| 25 |
him” substitute “and that person is not detained in pursuance of the sentence |
| |
| |
(2) | In paragraph 2(2) of that Schedule (detention following notice of deportation) |
| |
for the words “and he is neither detained in pursuance of the sentence or order |
| |
of a court nor for the time being released on bail by a court having power so to |
| 30 |
release him” substitute “and he is not detained in pursuance of the sentence or |
| |
| |
15 | Deportation or removal: cooperation |
| |
(1) | The Secretary of State may require a person to take specified action if the |
| |
Secretary of State thinks that— |
| 35 |
(a) | the action will or may enable a travel document to be obtained by or for |
| |
| |
(b) | possession of the travel document will facilitate the person’s |
| |
deportation or removal from the United Kingdom. |
| |
(2) | In particular, the Secretary of State may require a person to— |
| 40 |
(a) | provide information or documents to the Secretary of State or to any |
| |
| |
|
| |
|
|
| |
| |
|
(b) | obtain information or documents; |
| |
(c) | provide fingerprints, submit to the taking of a photograph or provide |
| |
information, or submit to a process for the recording of information, |
| |
about external physical characteristics (including, in particular, |
| |
features of the iris or any other part of the eye); |
| 5 |
(d) | make, or consent to or cooperate with the making of, an application to |
| |
a person acting for the government of a State other than the United |
| |
| |
(e) | cooperate with a process designed to enable determination of an |
| |
| 10 |
(f) | complete a form accurately and completely; |
| |
(g) | attend an interview and answer questions accurately and completely; |
| |
| |
(3) | A person commits an offence if he fails without reasonable excuse to comply |
| |
with a requirement of the Secretary of State under subsection (1). |
| 15 |
(4) | A person guilty of an offence under subsection (3) shall be liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years, to a fine or to both, or |
| |
(b) | on summary conviction, to imprisonment for a term not exceeding six |
| |
months, to a fine not exceeding the statutory maximum or to both. |
| 20 |
(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 |
| 25 |
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 |
| |
| |
| 30 |
| “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— |
| 35 |
(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 |
| 40 |
(c) | Schedule 3 to this Act. |
| |
(8) | An order under section 27 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. |
| 45 |
|
| |
|
|
| |
| |
|
| |
| |
(a) | “residence restriction” means a restriction as to residence imposed |
| |
| |
(i) | paragraph 21 of Schedule 2 to the Immigration Act 1971 (c. 77) |
| 5 |
(control 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, |
| 10 |
(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 |
| 15 |
(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). |
| 20 |
(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. |
| 25 |
(3) | Where a reporting restriction could be imposed on an adult— |
| |
(a) | he may instead be required to cooperate with electronic monitoring, |
| |
| |
(b) | the requirement shall be treated for all purposes of the Immigration |
| |
Acts as a reporting restriction. |
| 30 |
(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) |
| |
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 |
| 35 |
arrangements as the person imposing the requirement may specify for |
| |
detecting and recording by electronic means the location of the adult, or his |
| |
presence in or absence from a location— |
| |
| |
(b) | during specified periods of time, or |
| 40 |
(c) | throughout the currency of the arrangements. |
| |
(6) | In particular, arrangements for the electronic monitoring of an adult— |
| |
(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 |
| 45 |
| |
(d) | may prohibit him from taking or permitting action that would or might |
| |
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 |
| |
monitoring (and those functions may relate to any aspect or condition |
| 5 |
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— |
| |
(a) | imposes a residence restriction, |
| 10 |
(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 |
| |
purposes of this section, and |
| 15 |
(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 |
| |
| |
(9) | Rules under subsection (8)(a) may, in particular, require that arrangements for |
| 20 |
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 |
| 25 |
an area unless the person imposing the requirement has received a |
| |
notification from the Secretary of State under subsection (8)(b) in |
| |
| |
(11) | Rules under subsection (8)(a)— |
| |
(a) | may include incidental, consequential or transitional provision, |
| 30 |
(b) | may make provision generally or only in relation to specified cases, |
| |
| |
(c) | shall be made by statutory instrument, and |
| |
(d) | shall be subject to annulment in pursuance of a resolution of either |
| |
| 35 |
(12) | Before the commencement of section 11 a reference in this section to the |
| |
Asylum and Immigration Tribunal shall be treated as a reference to— |
| |
(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) |
| |
| 40 |
(b) | the Immigration Appeal Tribunal. |
| |
| |
17 | Immigration Services Commissioner: power of entry |
| |
(1) | 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 |
| |
issue a warrant authorising the Commissioner to enter and search |
| |
| 5 |
(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, |
| |
(b) | there is material on the premises which is likely to be of |
| |
substantial value (whether by itself or together with other |
| 10 |
material) to the investigation of the offence, and |
| |
(c) | any of the conditions specified in subsection (3) is satisfied. |
| |
(3) | Those conditions are— |
| |
(a) | that it is not practicable to communicate with a person entitled |
| |
to grant entry to the premises, |
| 15 |
(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 |
| |
| |
(d) | that the purpose of a search may be frustrated or seriously |
| 20 |
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 |
| 25 |
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 |
| |
| |
(a) | imprisonment for a term not exceeding six months, |
| |
(b) | a fine not exceeding level 5 on the standard scale, or |
| 30 |
| |
| |
(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 |
| 35 |
wholly or partly as a dwelling, and |
| |
(c) | a reference to material includes a reference to material— |
| |
(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 |
| 40 |
Evidence Act 1984 (c. 60)), and |
| |
(ii) | whether or not it would be admissible in evidence at a |
| |
| |
(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 |
| 45 |
| |
|
| |
|
|
| |
| |
|
(9) | In the application of this section to Northern Ireland the reference to the |
| |
Police and Criminal Evidence Act 1984 (c. 60) shall be taken as a |
| |
reference to the Police and Criminal Evidence (Northern Ireland) Order |
| |
1989 (S.I. 1989/1341 (N.I. 12)).” |
| |
(2) | In paragraph 7 of Schedule 5 to the Immigration and Asylum Act 1999 (c. 33) |
| 5 |
(investigation of complaints, &c.: power of entry)— |
| |
(a) | in sub-paragraph (1)(b) after “(b)” insert “, (c)”, |
| |
(b) | in sub-paragraph (1)(c) for “registered person.” substitute “registered |
| |
| |
(c) | in sub-paragraph (1A)(a) after “(b)” insert “, (c)”, |
| 10 |
(d) | in sub-paragraph (1A)(b) for “registered person.” substitute “registered |
| |
| |
(e) | after sub-paragraph (8) insert— |
| |
“(9) | Sub-paragraphs (7) and (8) shall apply to an exempt person |
| |
as they apply to a registered person, but with a reference to |
| 15 |
cancellation of registration being treated as a reference to |
| |
| |
(10) | In this paragraph “exempt person” means a person certified |
| |
by the Commissioner as exempt under section 84(4)(a).” |
| |
18 | Offence of advertising services |
| 20 |
After section 92A of the Immigration and Asylum Act 1999 (inserted by section |
| |
| |
| |
(1) | A person commits an offence if— |
| |
(a) | he offers to provide immigration advice or immigration |
| 25 |
| |
(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 |
| |
| 30 |
(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 |
| 35 |
| |
(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 |
| 40 |
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 |
| |
(or first date) on which the offence is alleged to have been |
| 45 |
| |
|
| |
|
|
| |
| |
|
| |
(i) | within the period of two years beginning with that date, |
| |
| |
(ii) | within the period of six months beginning with a date |
| |
certified by the Immigration Services Commissioner as |
| 5 |
the date on which the commission of the offence came to |
| |
| |
(6) | A complaint charging the commission of an offence under this section |
| |
may in Northern Ireland be heard and determined by a magistrates’ |
| |
| 10 |
(a) | it is made within the period of six months beginning with the |
| |
date (or first date) on which the offence is alleged to have been |
| |
| |
| |
(i) | within the period of two years beginning with that date, |
| 15 |
| |
(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 |
| |
| 20 |
19 | Appeal to Immigration Services Tribunal |
| |
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 |
| 25 |
bodies) shall be amended as follows. |
| |
(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 |
| 30 |
provision of immigration advice or immigration services, or |
| |
(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— |
| 35 |
“(b) | report to the Secretary of State if the Commissioner considers |
| |
that a designated professional body— |
| |
(i) | is failing to provide effective regulation of its members |
| |
in their provision of immigration advice or immigration |
| |
| 40 |
(ii) | 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).” |
| |
|
| |
|