Amendments proposed to the Asylum and Immigration (treatment of Claimaints, Etc.) Bill, - continued House of Commons

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Mr Humfrey Malins
Angela Watkinson

20

Page     22,     line     18     [Clause     21],     leave out 'exceed' and insert 'cover'.

   

Mr Humfrey Malins
Angela Watkinson

21

Page     22,     line     19     [Clause     21],     leave out from 'process' to end of line 23.

   

Mr Secretary Blunkett

40

Page     22,     line     29     [Clause     21],     leave out 'section' and insert 'sections 10 and'.

   

Mr Secretary Blunkett

41

Page     22,     line     30     [Clause     21],     at beginning insert '(certificate of entitlement to right of abode; and'.


   

Mr Secretary Blunkett

42

Page     23,     line     3     [Clause     21],     at end insert—

    '( )   This section is without prejudice to the power to make an order under section 102 of the Finance (No. 2) Act 1987 (c. 51) (government fees and charges) in relation to a power under a provision specified in this section.'.


   

Mr Secretary Blunkett

43

Page     24,     line     19     [Clause     27],     after 'Chancellor,', insert—

'(aa) in the case of sections 4 and 5 in so far as they extend to Scotland, by order of the Scottish Ministers,'.


   

Mr Secretary Blunkett

44

Page     25,     line     6     [Clause     28],     leave out subsection (1).

   

Mr Secretary Blunkett

45

Page     25,     line     9     [Clause     28],     leave out 'The remainder of'.

   

Mr Secretary Blunkett

90

Page     25,     line     14     [Clause     28],     at end insert '(ignoring extent by virtue of an Order in Council)'.

   

Mr Secretary Blunkett

91

Page     25,     line     15     [Clause     28],     leave out 'section 6' and insert 'a provision of this Act'.


   

Mr Secretary Blunkett

46

Page     41,     line     22     [Schedule     4],     at end insert—

'In section 85(1), "and (b)".'.
   

Mr Secretary Blunkett

47

Page     41,     line     23     [Schedule     4],     at end insert—

'In Schedule 6, in paragraph 1(1), "or (b)".'.
   

Mr Neil Gerrard
Mr Iain Coleman
Ms Karen Buck
Mr Hilton Dawson
Jeremy Corbyn
Mr Mark Oaten

Mr David HeathTony Lloyd

33

Page     41,     line     24     [Schedule     4],     second column, at beginning insert—

'Section 55.'.


NEW CLAUSES

Provision of immigration services

   

Mr Secretary Blunkett

NC2

To move the following Clause:—

    '(1)   For section 84(2) and (3) of the Immigration and Asylum Act 1999 (c.33) (person qualified to provide immigration services) substitute—

    "(2)   A person is a qualified person if he is—

(a) a registered person,

(b) authorised by a designated professional body to practise as a member of the profession whose members the body regulates,

(c) the equivalent in an EEA State of—

(i) a registered person, or

(ii) a person within paragraph (b),

(d) a person permitted, by virtue of exemption from a prohibition, to provide in an EEA State advice or services equivalent to immigration advice or services, or

(e) acting on behalf of, and under the supervision of, a person within any of paragraphs (a) to (d) (whether or not under a contract of employment).

    (3)   Subsection (2)(a) and (e) are subject to any limitation on the effect of a person's registration imposed under paragraph 2(2) of Schedule 6."

    (2)   In section 85(1) of that Act (registration by the Commissioner) omit "and (b)".

    (3)   In section 89 of that Act (disciplinary charge upheld by Immigration Services Tribunal)—

(a) for subsections (2) and (3) substitute—

    "(2)   If the person charged is a registered person or acts on behalf of a registered person, the Tribunal may—

(a) direct the Commissioner to record the charge and the Tribunal's decision for consideration in connection with the registered person's next application for continued registration;

(b) direct the registered person to apply for continued registration as soon as is reasonably practicable.", and

(b) in subsection (8) for "employed by him or working" substitute "acting on his behalf or".

    (4)   In section 90(4) of that Act (orders by disciplinary bodies) for "works under the supervision of" substitute "is acting on behalf of".

    (5)   In Schedule 5 to that Act (Immigration Services Commissioner)—

(a) for paragraph 1(1)(b) substitute—

"(b)   those acting on behalf of registered persons,",

(b) for paragraph 1(3)(b) substitute—

"(b)   any person acting on behalf of that person.",

(c) for paragraph 3(3)(b) substitute—

"(b)   a person who is acting on behalf of a person who is within paragraph (a);",

(d) for paragraph 4(1)(b) substitute—

"(b)   persons acting on behalf of persons who are within paragraph (a).",

(e) in paragraph 5(3)(b) for "employed by, or working under the supervision of," substitute "acting on behalf of",

(f) for paragraph 5(3)(e) substitute—

"(e)   an alleged breach of a rule of a relevant regulatory body,",

(g) for paragraph 6(3)(c) substitute—

"(c)   in any other case, refer the matter to any relevant regulatory body.",

(h) in paragraphs 9(1)(a) and (b) for "or a person employed by, or working under the supervision of," substitute "or is acting on behalf of",

(i) for paragraph 9(1)(c) substitute—

"(c)   refer the complaint and his decision on it to a relevant regulatory body;",

(j) for paragraphs 9(3)(a) and (b) substitute—

"(a)   imposing restrictions on the provision of immigration advice or immigration services by the relevant person or by a person acting on his behalf or under his supervision;

(b)   prohibiting the provision of immigration advice or immigration services by the relevant person or a person acting on his behalf or under his supervision.", and

(k) for paragraphs 9(4)(b) to (d) substitute—

"(b)   a person acting on behalf of a registered person;".

    (6)   In Schedule 6 to that Act (registration)—

(a) in paragraph 1(1) omit "or (b)", and

(b) in paragraph 3(7)(a) for "section 89(3)(b)" substitute "section 89(2)(b)".'.


Offences: advice of Director of Public Prosecutions

   

Mr Secretary Blunkett

NC3

To move the following Clause:—

'In section 3(2) of the Prosecution of Offences Act 1985 (c.23) (functions of Director of Public Prosecutions) after paragraph (eb) insert—

"(ec) to give, to such extent as he considers appropriate, advice to immigration officers on matters relating to criminal offences;".'.


Enforcement powers: retention of documents

   

Mr Secretary Blunkett

NC4

To move the following Clause:—

'Where a document comes into the possession of the Secretary of State or an immigration officer in the course of the exercise of an immigration function, the Secretary of State or an immigration officer may retain the document while he suspects that—

(a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

(b) retention of the document may facilitate the removal.'.


Seamen and aircrews: right of appeal

   

Mr Secretary Blunkett

NC5

To move the following Clause:—

'In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c.41) after paragraph (i) insert—

"(ia) a decision that a person is to be removed from the United Kingdom by way of directions under paragraph 12(2) of Schedule 2 to the Immigration Act 1971 (c.77) (seamen and aircrews),".'.


Control of entry

   

Mr Secretary Blunkett

NC6

To move the following Clause:—

'After paragraph 2A(2) of Schedule 2 to the Immigration Act 1971 (c.77) (control of entry: persons arriving with leave to enter) insert—

    "(2A)   Where the person's leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person's purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance."'.


Appeal from within United Kingdom

   

Mr Secretary Blunkett

NC7

To move the following Clause:—

'For section 92(3) of the Nationality, Immigration and Asylum Act 2002 (c.41) (appeal from within United Kingdom: person with entry clearance or work permit) substitute—

    "(3)   This section also applies to an appeal against refusal of leave to enter the United Kingdom if—

(a) at the time of the refusal the appellant is in the United Kingdom, and

(b) on his arrival in the United Kingdom the appellant had entry clearance.

    (3A)   But this section does not apply by virtue of subsection (3) if subsection (3B) or (3C) applies to the refusal of leave to enter.

    (3B)   This subsection applies to a refusal of leave to enter which is a deemed refusal under paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 resulting from cancellation of leave to enter by an immigration officer—

(a) under paragraph 2A(8) of that Schedule, and

(b) on the grounds specified in paragraph 2A(2A) of that Schedule.

    (3C)   This subsection applies to a refusal of leave to enter which specifies that the grounds for refusal are that the leave is sought for a purpose other than that specified in the entry clearance.

    (3D)   This section also applies to an appeal against refusal of leave to enter the United Kingdom if at the time of the refusal the appellant—

(a) is in the United Kingdom,

(b) has a work permit, and

(c) is any of the following (within the meaning of the British Nationality Act 1981 (c.61))—

(i) a British overseas territories citizen,

(ii) a British Overseas citizen,

(iii) a British National (Overseas),

(iv) a British protected person, or

(v) a British subject."'.

 
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Prepared 1 Mar 2004