Immigration, Asylum and Nationality Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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
15
(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
20
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
25
(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
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(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
5
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,”.
10
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
15
(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)—
5
(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.
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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.

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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.
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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
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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.
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(8)
This section has effect despite any restriction on the purposes for which
information may be disclosed or used.
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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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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
30
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
35
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
40
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
15
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
40
(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
45
the meaning of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).