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Immigration, Asylum and Nationality Bill


Immigration, Asylum and Nationality Bill

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(5)   

The Secretary of State may authorise a person other than a constable or officer

of Revenue and Customs for the purpose of this section only if—

(a)   

the person applies to be authorised, and

(b)   

the Secretary of State thinks that the person is—

(i)   

fit and proper for the purpose, and

5

(ii)   

suitably trained.

(6)   

The Secretary of State—

(a)   

may make arrangements for the exercise by authorised constables of

the powers under subsection (1),

(b)   

may make arrangements with the Commissioners for Her Majesty’s

10

Revenue and Customs for the exercise by authorised officers of

Revenue and Customs of the powers under subsection (1), and

(c)   

may make arrangements with one or more persons for the exercise by

authorised persons other than constables and officers of Revenue and

Customs of the power under subsection (1).

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(7)   

Where in the course of a search under this section an authorised person

discovers an individual whom he thinks an immigration officer might wish to

examine under paragraph 2 of that Schedule, the authorised person may—

(a)   

search the individual for the purpose of discovering whether he has

with him anything of a kind that might be used—

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(i)   

by him to cause physical harm to himself or another,

(ii)   

by him to assist his escape from detention, or

(iii)   

to establish information about his identity, nationality or

citizenship or about his journey;

(b)   

retain, and as soon as is reasonably practicable deliver to an

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immigration officer, anything of a kind described in paragraph (a)

found on a search under that paragraph;

(c)   

detain the individual, for a period which is as short as is reasonably

necessary and which does not exceed three hours, pending the arrival

of an immigration officer to whom the individual is to be delivered;

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(d)   

take the individual, as speedily as is reasonably practicable, to a place

for the purpose of delivering him to an immigration officer there;

(e)   

use reasonable force for the purpose of doing anything under

paragraphs (a) to (d).

(8)   

Despite the generality of subsection (7)—

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(a)   

an individual searched under that subsection may not be required to

remove clothing other than an outer coat, a jacket or a glove (but he

may be required to open his mouth), and

(b)   

an item may not be retained under subsection (7)(b) if it is subject to

legal privilege—

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(i)   

in relation to a search carried out in England and Wales, within

the meaning of the Police and Criminal Evidence Act 1984

(c. 60),

(ii)   

in relation to a search carried out in Scotland, within the

meaning of section 412 of the Proceeds of Crime Act 2002 (c. 29),

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and

(iii)   

in relation to a search carried out in Northern Ireland, within

the meaning of the Police and Criminal Evidence (Northern

Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

 
 

Immigration, Asylum and Nationality Bill

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36      

Section 35: supplemental

(1)   

Arrangements under section 35(6)(c) must include provision for the

appointment of a Crown servant to—

(a)   

monitor the exercise of powers under that section by authorised

persons (other than constables or officers of Revenue and Customs),

5

(b)   

inspect from time to time the way in which the powers are being

exercised by authorised persons (other than constables or officers of

Revenue and Customs), and

(c)   

investigate and report to the Secretary of State about any allegation

made against an authorised person (other than a constable or officer of

10

Revenue and Customs) in respect of anything done or not done in the

purported exercise of a power under that section.

(2)   

The authorisation for the purpose of section 35 of a constable or officer of

Revenue and Customs or of a class of constable or officer of Revenue and

Customs—

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(a)   

may be revoked, and

(b)   

shall have effect, unless revoked, for such period as shall be specified

(whether by reference to dates or otherwise) in the authorisation.

(3)   

The authorisation of a person other than a constable or officer of Revenue and

Customs for the purpose of section 35

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(a)   

may be subject to conditions,

(b)   

may be suspended or revoked by the Secretary of State by notice in

writing to the authorised person, and

(c)   

shall have effect, unless suspended or revoked, for such period as shall

be specified (whether by reference to dates or otherwise) in the

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authorisation.

(4)   

A class may be specified for the purposes of section 35(3) or (4) by reference

to—

(a)   

named individuals,

(b)   

the functions being exercised by a person,

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(c)   

the location or circumstances in which a person is exercising functions,

or

(d)   

any other matter.

(5)   

An individual or article delivered to an immigration officer under section 35

shall be treated as if discovered by the immigration officer on a search under

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Schedule 2 to the Immigration Act 1971 (c. 77).

(6)   

A person commits an offence if he—

(a)   

absconds from detention under section 35(7)(c),

(b)   

absconds while being taken to a place under section 35(7)(d) or having

been taken to a place in accordance with that paragraph but before

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being delivered to an immigration officer,

(c)   

obstructs an authorised person in the exercise of a power under section

35, or

(d)   

assaults an authorised person who is exercising a power under section

35.

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(7)   

But a person does not commit an offence under subsection (6) by doing or

failing to do anything in respect of an authorised person who is not readily

identifiable—

 
 

Immigration, Asylum and Nationality Bill

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(a)   

as a constable or officer of Revenue and Customs, or

(b)   

as an authorised person (whether by means of a uniform or badge or

otherwise).

(8)   

A person guilty of an offence under subsection (6) shall be liable on summary

conviction to—

5

(a)   

imprisonment for a term not exceeding 51 weeks, in the case of a

conviction in England and Wales, or six months, in the case of a

conviction in Scotland or Northern Ireland,

(b)   

a fine not exceeding level 5 on the standard scale, or

(c)   

both.

10

(9)   

In relation to a conviction occurring before the commencement of section

281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of

sentences) the reference in subsection (8)(a) to 51 weeks shall be treated as a

reference to six months.

Claimants and applicants

15

37      

Accommodation

(1)   

In section 99(1) of the Immigration and Asylum Act 1999 (c. 33) (provision of

support by local authorities)—

(a)   

for “asylum-seekers and their dependants (if any)” substitute

“persons”, and

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(b)   

after “section” insert “4, ”.

(2)   

In section 118(1)(b) (housing authority accommodation) after “section” insert

“4 or”.

(3)   

In the following provisions for “under Part VI of the Immigration and Asylum

Act 1999” substitute “under section 4 or Part VI of the Immigration and Asylum

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Act 1999”—

(a)   

section 3A(7A) of the Protection from Eviction Act 1977 (c. 43)

(excluded tenancies and licences),

(b)   

paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order

1983 (S.I. 1983/1118 (N.I. 15)) (non-secure tenancies),

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(c)   

section 23A(5A) of the Rent (Scotland) Act 1984 (c. 58) (excluded

tenancies and occupancy rights),

(d)   

paragraph 4A(1) of Schedule 1 to the Housing Act 1985 (c. 68) (non-

secure tenancies),

(e)   

paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988 (c. 43)

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(non-assured tenancies), and

(f)   

paragraph 12A(1) of Schedule 1 to the Housing Act 1988 (c. 50) (non-

assured tenancies).

(4)   

A tenancy is not a Scottish secure tenancy (within the meaning of the Housing

(Scotland) Act 2001 (asp 10) if it is granted in order to provide accommodation

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under section 4 of the Immigration and Asylum Act 1999 (accommodation).

(5)   

A tenancy which would be a Scottish secure tenancy but for subsection (4)

becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to

be regarded as such.

 
 

Immigration, Asylum and Nationality Bill

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38      

Integration loans

In section 13(2)(b) of the Asylum and Immigration (Treatment of Claimants,

etc.) Act 2004 (integration loans for refugees: definition of refugee) for “granted

him indefinite leave to enter or remain” substitute “granted him leave to enter

or remain”.

5

39      

Inspection of detention facilities

(1)   

For section 5A(5A) of the Prison Act 1952 (c. 52) (removal centres: inspection)

substitute—

“(5A)   

Subsections (2) to (5) shall apply—

(a)   

in relation to removal centres within the meaning of section 147

10

of the Immigration and Asylum Act 1999 (c. 33),

(b)   

in relation to short term holding facilities within the meaning of

that section, and

(c)   

in relation to escort arrangements within the meaning of that

section.

15

(5B)   

In their application by virtue of subsection (5A) subsections (2) to (5)—

(a)   

shall apply to centres, facilities and arrangements anywhere in

the United Kingdom, and

(b)   

shall have effect—

(i)   

as if a reference to prisons were a reference to removal

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centres, short term holding facilities and escort

arrangements,

(ii)   

as if a reference to prisoners were a reference to detained

persons and persons to whom escort arrangements

apply, and

25

(iii)   

with any other necessary modifications.”

(2)   

In section 55 of that Act (extent)—

(a)   

omit subsection (4A), and

(b)   

after subsection (5) insert—

“(6)   

But (despite subsections (4) and (5)) the following shall extend

30

to England and Wales, Scotland and Northern Ireland—

(a)   

section 5A(5A) and (5B), and

(b)   

section 5A(2) to (5) in so far as they apply by virtue of

section 5A(5A).”

40      

Removal: cancellation of leave

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For section 10(8) of the Immigration and Asylum Act 1999 (removal directions:

cancellation of leave to enter or remain in UK) substitute—

“(8)   

When a person is notified that a decision has been made to remove him

in accordance with this section, the notification invalidates any leave to

enter or remain in the United Kingdom previously given to him.”

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41      

Capacity to make nationality application

After section 44 of the British Nationality Act 1981 (c. 61) (decisions involving

 
 

Immigration, Asylum and Nationality Bill

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discretion) insert—

“44A    

Waiver of requirement for full capacity

Where a provision of this Act requires an applicant to be of full

capacity, the Secretary of State may waive the requirement in respect of

a specified applicant if he thinks it in the applicant’s best interests.”

5

42      

Procedure

(1)   

Rules under section 3 of the Immigration Act 1971 (c. 77)—

(a)   

may require a specified procedure to be followed in making or

pursuing an application or claim (whether or not under those rules or

any other enactment),

10

(b)   

may, in particular, require the use of a specified form and the

submission of specified information or documents,

(c)   

may make provision about the manner in which a fee is to be paid, and

(d)   

may make provision for the consequences of failure to comply with a

requirement under paragraph (a), (b) or (c).

15

(2)   

In respect of any application or claim in connection with immigration (whether

or not under the rules referred to in subsection (1) or any other enactment) the

Secretary of State—

(a)   

may require a specified procedure to be followed (and may, in

particular, require the use of a specified form and the submission of

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specified information or documents),

(b)   

may direct the manner in which a fee is to be paid, and

(c)   

may provide for the consequences of failure to comply with a

requirement under paragraph (a) or (b).

(3)   

The following shall cease to have effect—

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(a)   

section 31A of the Immigration Act 1971 (procedure for applications),

and

(b)   

section 25 of the Asylum and Immigration (Treatment of Claimants

etc.) Act 2004 (c. 19) (marriage: application for permission).

(4)   

At the end of section 41(1) of the British Nationality Act 1981 (c. 61) (procedure)

30

add—

“(j)   

as to the consequences of failure to comply with provision made

under any of paragraphs (a) to (i).”

(5)   

In section 10(2)(c) of the Nationality, Immigration and Asylum Act 2002 (c. 41)

(right of abode: certificate of entitlement: procedure) for “made in a specified

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form;” substitute “accompanied by specified information;”.

(6)   

Paragraph 2(3) of Schedule 23 to the Civil Partnership Act 2004 (c. 33)

(immigration: procedure) shall cease to have effect.

43      

Fees

(1)   

The Secretary of State may by order require an application or claim in connection with

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immigration or nationality (whether or not under an enactment) to be accompanied by

a specified fee.

(2)   

The Secretary of State may by order provide for a fee to be charged by him, by an

immigration officer or by another specified person in respect of

 
 

Immigration, Asylum and Nationality Bill

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(a)   

the provision on request of a service (whether or not under an enactment) in

connection with immigration or nationality,

(b)   

a process (whether or not under an enactment) in connection with

immigration or nationality,

(c)   

the provision on request of advice in connection with immigration or

5

nationality, or

(d)   

the provision on request of information in connection with immigration or

nationality.

(3)   

Where an order under this section provides for a fee to be charged, regulations made by

the Secretary of State

10

(a)   

shall specify the amount of the fee,

(b)   

may provide for exceptions,

(c)   

may confer a discretion to reduce, waive or refund all or part of a fee,

(d)   

may make provision about the consequences of failure to pay a fee,

(e)   

may make provision about enforcement, and

15

(f)   

may make provision about the time or period of time at or during which a fee

may or must be paid.

(4)   

Fees paid by virtue of this section shall

(a)   

be paid into the Consolidated Fund, or

(b)   

be applied in such other way as the relevant order under section 43 may specify.

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44      

Fees: supplemental

(1)   

A fee imposed under section 43 may relate to a thing whether or not it is done wholly

or partly outside the United Kingdom; but that section is without prejudice to—

(a)   

section 1 of the Consular Fees Act 1980 (c. 23), and

(b)   

any other power to charge a fee.

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(2)   

Section 43 is without prejudice to the application of section 102 of the Finance (No. 2)

Act 1987 (c. 51) (government fees and charges); and an order made under that section

in respect of a power repealed by Schedule 2 to this Act shall have effect as if it related

to the powers under section 43 above in so far as they relate to the same matters as the

repealed power.

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(3)   

An order or regulations under section 43

(a)   

may make provision generally or only in respect of specified cases or

circumstances,

(b)   

may make different provision for different cases or circumstances,

(c)   

may include incidental, consequential or transitional provision, and

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(d)   

shall be made by statutory instrument.

(4)   

An order under section 43

(a)   

may be made only with the consent of the Treasury, and

(b)   

may be made only if a draft has been laid before and approved by resolution of

each House of Parliament.

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(5)   

Regulations under section 43

(a)   

may be made only with the consent of the Treasury, and

(b)   

shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

 
 

Immigration, Asylum and Nationality Bill

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(6)   

A reference in section 43 to anything in connection with immigration or nationality

includes a reference to anything in connection with an enactment (including an

enactment of a jurisdiction outside the United Kingdom) that relates wholly or partly

to immigration or nationality.

(7)   

Schedule 2 (consequential amendments) shall have effect.

5

General

45      

Money

There shall be paid out of money provided by Parliament—

(a)   

any expenditure of the Secretary of State in connection with this Act, and

(b)   

any increase attributable to this Act in sums payable under another enactment

10

out of money provided by Parliament.

46      

Repeals

Schedule 3 (repeals) shall have effect.

47      

Commencement

(1)   

The preceding provisions of this Act shall come into force in accordance with

15

provision made by order of the Secretary of State.

(2)   

An order under subsection (1)—

(a)   

may make provision generally or only for specified purposes,

(b)   

may make different provision for different purposes,

(c)   

may include transitional or incidental provision or savings, and

20

(d)   

shall be made by statutory instrument.

48      

Extent

(1)   

This Act extends to—

(a)   

England and Wales,

(b)   

Scotland, and

25

(c)   

Northern Ireland.

(2)   

But—

(a)   

an amendment by this Act of another Act has the same extent as that

Act (or as the relevant part of that Act), and

(b)   

a provision of this Act shall, so far as it relates to nationality, have the

30

same extent as the British Nationality Act 1981 (c. 61) (disregarding

excepted provisions under section 53(7) of that Act).

49      

Citation

(1)   

This Act may be cited as the Immigration, Asylum and Nationality Act 2006.

(2)   

A reference (in any enactment, including one passed or made before this Act)

35

to “the Immigration Acts” is to—

(a)   

the Immigration Act 1971 (c. 77),

(b)   

the Immigration Act 1988 (c. 14),

 
 

 
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