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Immigration, Asylum and Nationality Bill


Immigration, Asylum and Nationality Bill

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(b)   

in the case of a vehicle, the owner or hirer, and

(c)   

in any case, persons responsible for the import or export of the freight

into or from the United Kingdom.

(4)   

A constable may impose a requirement under subsection (2) only if he thinks

it necessary—

5

(a)   

in the case of a constable in England, Wales or Northern Ireland, for

police purposes, or

(b)   

in the case of a constable in Scotland, for police purposes which are or

relate to reserved matters.

(5)   

In this section—

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(a)   

“freight information” means information which is of a kind specified by

order of the Secretary of State and which relates to freight carried,

(b)   

“police purposes” has the meaning given by section 21(3) of the

Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of

State), and

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(c)   

“reserved matters” has the same meaning as in the Scotland Act 1998

(c. 46).

(6)   

A requirement imposed under subsection (2)—

(a)   

must be in writing,

(b)   

may apply generally or only to one or more specified ships, aircraft or

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vehicles,

(c)   

must specify a period, not exceeding six months and beginning with

the date on which it is imposed, during which it has effect, and

(d)   

must state—

(i)   

the information required, and

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(ii)   

the date or time by which it is to be provided.

(7)   

The Secretary of State may make an order specifying a kind of information

under subsection (5)(a) only if satisfied that the nature of the information is

such that there are likely to be circumstances in which it can be required under

subsection (2) without breaching Convention rights (within the meaning of the

30

Human Rights Act 1998 (c. 42)).

(8)   

An order under subsection (5)(a)—

(a)   

may apply generally or only to specified cases or circumstances,

(b)   

may make different provision for different cases or circumstances,

(c)   

may specify the form and manner in which the information is to be

35

provided,

(d)   

shall be made by statutory instrument, and

(e)   

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

House of Parliament.

33      

Offence

40

(1)   

A person commits an offence if without reasonable excuse he fails to comply

with a requirement imposed under section 31(2) or (3) or 32(2).

(2)   

A person who is guilty of an offence under subsection (1) shall be liable on

summary conviction to—

(a)   

imprisonment for a term not exceeding 51 weeks in England and Wales

45

or 6 months in Scotland or Northern Ireland,

 
 

Immigration, Asylum and Nationality Bill

17

 

(b)   

a fine not exceeding level 4 on the standard scale, or

(c)   

both.

(3)   

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 to 51 weeks in subsection (2)(a) shall be taken as a

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reference to three months.

34      

Power of Revenue and Customs to obtain information

In section 35(2) and (3) of the Customs and Excise Management Act 1979 (c. 2)

(arrivals in the United Kingdom) after “arriving” insert “, or expected to

arrive,”.

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35      

Duty to share information

(1)   

This section applies to—

(a)   

the Secretary of State in so far as he has functions under the

Immigration Acts,

(b)   

a chief officer of police, and

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(c)   

Her Majesty’s Revenue and Customs.

(2)   

The persons specified in subsection (1) shall share information to which

subsection (4) applies and which is obtained or held by them in the course of

their functions to the extent that the information is likely to be of use for—

(a)   

immigration purposes,

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(b)   

police purposes, or

(c)   

Revenue and Customs purposes.

(3)   

But a chief officer of police in Scotland shall share information under

subsection (2) only to the extent that it is likely to be of use for—

(a)   

immigration purposes,

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(b)   

police purposes, in so far as they are or relate to reserved matters within

the meaning of the Scotland Act 1998 (c. 46), or

(c)   

Revenue and Customs purposes other than the prosecution of crime.

(4)   

This subsection applies to information which—

(a)   

is obtained or held in the exercise of a power specified by the Secretary

30

of State and the Treasury jointly by order and relates to—

(i)   

passengers on a ship or aircraft,

(ii)   

crew of a ship or aircraft,

(iii)   

freight on a ship or aircraft, or

(iv)   

flights or voyages, or

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(b)   

relates to such other matters in respect of travel or freight as the

Secretary of State and the Treasury may jointly specify by order.

(5)   

The Secretary of State and the Treasury may make an order under subsection

(4) which has the effect of requiring information to be shared only if satisfied

that—

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(a)   

the sharing is likely to be of use for—

(i)   

immigration purposes,

(ii)   

police purposes, or

(iii)   

Revenue and Customs purposes, and

 
 

Immigration, Asylum and Nationality Bill

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(b)   

the nature of the information is such that there are likely to be

circumstances in which it can be shared under subsection (2) without

breaching Convention rights (within the meaning of the Human Rights

Act 1998 (c. 42)).

(6)   

Information shared in accordance with subsection (2)—

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(a)   

shall be made available to each of the persons specified in subsection

(1), and

(b)   

may be used for immigration purposes, police purposes or Revenue

and Customs purposes (regardless of its source).

(7)   

An order under subsection (4) may not specify—

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(a)   

a power of Her Majesty’s Revenue and Customs if or in so far as it

relates to a matter to which section 7 of the Commissioners for Revenue

and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies,

or

(b)   

a matter to which that section applies.

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(8)   

An order under subsection (4)—

(a)   

shall be made by statutory instrument, and

(b)   

may not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.

(9)   

In this section—

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“chief officer of police” means—

(a)   

in England and Wales, the chief officer of police for a police area

specified in section 1 of the Police Act 1996 (c. 16),

(b)   

in Scotland, the chief constable of a police force maintained

under the Police (Scotland) Act 1967 (c. 77), and

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(c)   

in Northern Ireland, the chief constable of the Police Service of

Northern Ireland,

“immigration purposes” has the meaning given by section 20(3) of the

Immigration and Asylum Act 1999 (c. 33) (disclosure to Secretary of

State),

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“police purposes” has the meaning given by section 21(3) of that Act

(disclosure by Secretary of State), and

“Revenue and Customs purposes” means those functions of Her

Majesty’s Revenue and Customs specified in section 21(6) of that Act.

(10)   

This section has effect despite any restriction on the purposes for which

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information may be disclosed or used.

36      

Information sharing: code of practice

(1)   

The Secretary of State and the Treasury shall jointly issue one or more codes of

practice about—

(a)   

the use of information shared in accordance with section 35(2), and

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(b)   

the extent to which, or form or manner in which, shared information is

to be made available in accordance with section 35(6).

(2)   

A code—

(a)   

shall not be issued unless a draft has been laid before Parliament, and

(b)   

shall come into force in accordance with provision made by order of the

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Secretary of State and the Treasury jointly.

 
 

Immigration, Asylum and Nationality Bill

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(3)   

The Secretary of State and the Treasury shall jointly from time to time review

a code and may revise and re-issue it following a review; and subsection (2)

shall apply to a revised code.

(4)   

An order under subsection (2)—

(a)   

shall be made by statutory instrument, and

5

(b)   

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

House of Parliament.

37      

Disclosure of information for security purposes

(1)   

A person specified in subsection (2) may disclose information obtained or held

in the course of his functions to a person specified in subsection (3) if he thinks

10

that the information is likely to be of use for a purpose specified in—

(a)   

section 1 of the Security Service Act 1989 (c. 5), or

(b)   

section 1 or 3 of the Intelligence Services Act 1994 (c. 13).

(2)   

The persons who may disclose information in accordance with subsection (1)

are—

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(a)   

the Secretary of State in so far as he has functions under the

Immigration Acts,

(b)   

a chief officer of police, and

(c)   

Her Majesty’s Revenue and Customs.

(3)   

The persons to whom information may be disclosed in accordance with

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subsection (1) are—

(a)   

the Director-General of the Security Service,

(b)   

the Chief of the Secret Intelligence Service, and

(c)   

the Director of the Government Communications Headquarters.

(4)   

The information referred to in subsection (1) is information—

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(a)   

which is obtained or held in the exercise of a power specified by the

Secretary of State and the Treasury jointly by order and relates to—

(i)   

passengers on a ship or aircraft,

(ii)   

crew of a ship or aircraft,

(iii)   

freight on a ship or aircraft, or

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(iv)   

flights or voyages, or

(b)   

which relates to such other matters in respect of travel or freight as the

Secretary of State and the Treasury may jointly specify by order.

(5)   

In subsection (2) “chief officer of police” means—

(a)   

in England and Wales, the chief officer of police for a police area

35

specified in section 1 of the Police Act 1996 (c. 16),

(b)   

in Scotland, the chief constable of a police force maintained under the

Police (Scotland) Act 1967 (c. 77), and

(c)   

in Northern Ireland, the chief constable of the Police Service of

Northern Ireland.

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(6)   

An order under subsection (4) may not specify—

(a)   

a power of Her Majesty’s Revenue and Customs if or in so far as it

relates to a matter to which section 7 of the Commissioners for Revenue

and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies,

or

45

 
 

Immigration, Asylum and Nationality Bill

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(b)   

a matter to which that section applies.

(7)   

An order under this section—

(a)   

shall be made by statutory instrument, and

(b)   

may not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.

5

(8)   

This section has effect despite any restriction on the purposes for which

information may be disclosed or used.

38      

Disclosure to law enforcement agencies

(1)   

A chief officer of police may disclose information obtained in accordance with

section 31 or 32 to—

10

(a)   

the States of Jersey police force;

(b)   

the salaried police force of the Island of Guernsey;

(c)   

the Isle of Man constabulary;

(d)   

any other foreign law enforcement agency.

(2)   

In subsection (1) “foreign law enforcement agency” means a person outside the

15

United Kingdom with functions similar to functions of—

(a)   

a police force in the United Kingdom, or

(b)   

the Serious Organised Crime Agency.

(3)   

In subsection (1) “chief officer of police” means—

(a)   

in England and Wales, the chief officer of police for a police area

20

specified in section 1 of the Police Act 1996 (c. 16),

(b)   

in Scotland, the chief constable of a police force maintained under the

Police (Scotland) Act 1967 (c. 77), and

(c)   

in Northern Ireland, the chief constable of the Police Service of

Northern Ireland.

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39      

Searches: contracting out

(1)   

An authorised person may, in accordance with arrangements made under this

section, search a searchable ship, aircraft, vehicle or other thing for the purpose

of satisfying himself whether there are individuals whom an immigration

officer might wish to examine under paragraph 2 of Schedule 2 to the

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Immigration Act 1971 (c. 77) (control of entry: administrative provisions).

(2)   

For the purposes of subsection (1)—

(a)   

“authorised” means authorised for the purpose of this section by the

Secretary of State, and

(b)   

a ship, aircraft, vehicle or other thing is “searchable” if an immigration

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officer could search it under paragraph 1(5) of that Schedule.

(3)   

The Secretary of State may authorise a specified class of constable for the

purpose of this section.

(4)   

The Secretary of State may, with the consent of the Commissioners for Her

Majesty’s Revenue and Customs, authorise a specified class of officers of

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Revenue and Customs for the purpose of this section.

(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—

 
 

Immigration, Asylum and Nationality Bill

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(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

(ii)   

suitably trained.

(6)   

The Secretary of State—

5

(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

Revenue and Customs for the exercise by authorised officers of

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

10

(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).

(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

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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—

(i)   

by him to cause physical harm to himself or another,

(ii)   

by him to assist his escape from detention, or

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(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

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

found on a search under that paragraph;

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(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;

(d)   

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

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

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(e)   

use reasonable force for the purpose of doing anything under

paragraphs (a) to (d).

(8)   

Despite the generality of subsection (7)—

(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

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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—

(i)   

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

the meaning of the Police and Criminal Evidence Act 1984

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(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),

and

(iii)   

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

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the meaning of the Police and Criminal Evidence (Northern

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

 
 

 
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