|
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|
40 | Section 39: supplemental |
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(1) | Arrangements under section 39(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 39 of a constable or officer of |
| |
Revenue and Customs or of a class of constable or officer of Revenue and |
| |
| 15 |
| |
(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 39— |
| 20 |
(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 |
| 25 |
| |
(4) | A class may be specified for the purposes of section 39(3) or (4) by reference |
| |
| |
| |
(b) | the functions being exercised by a person, |
| 30 |
(c) | the location or circumstances in which a person is exercising functions, |
| |
| |
| |
(5) | An individual or article delivered to an immigration officer under section 39 |
| |
shall be treated as if discovered by the immigration officer on a search under |
| 35 |
Schedule 2 to the Immigration Act 1971 (c. 77). |
| |
(6) | A person commits an offence if he— |
| |
(a) | absconds from detention under section 39(7)(c), |
| |
(b) | absconds while being taken to a place under section 39(7)(d) or having |
| |
been taken to a place in accordance with that paragraph but before |
| 40 |
being delivered to an immigration officer, |
| |
(c) | obstructs an authorised person in the exercise of a power under section |
| |
| |
(d) | assaults an authorised person who is exercising a power under section |
| |
| 45 |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(8) | A person guilty of an offence under subsection (6) shall be liable on summary |
| |
| 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 |
| |
| 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 |
| |
| |
41 | Information: embarking passengers |
| 15 |
(1) | Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be |
| |
| |
(2) | In paragraph 3(1) for the words from “and if he is not” to the end substitute— |
| |
| “and, if he is not a British citizen, for the purpose of establishing— |
| |
| 20 |
(b) | whether he entered the United Kingdom lawfully; |
| |
(c) | whether he has complied with any conditions of leave to enter or |
| |
remain in the United Kingdom; |
| |
(d) | whether his return to the United Kingdom is prohibited or restricted. |
| |
(1A) | An immigration officer who examines a person under sub-paragraph |
| 25 |
(1) may require him, by notice in writing, to submit to further |
| |
examination for a purpose specified in that sub-paragraph.” |
| |
(3) | After paragraph 16(1A) insert— |
| |
“(1B) | A person who has been required to submit to further examination |
| |
under paragraph 3(1A) may be detained under the authority of an |
| 30 |
immigration officer, for a period not exceeding 12 hours, pending the |
| |
completion of the examination.” |
| |
(4) | In paragraph 21(1) after “16” insert “(1), (1A) or (2)”. |
| |
| |
| 35 |
(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 |
| |
| |
(b) | after “section” insert “4, ”. |
| 40 |
(2) | In section 118(1)(b) (housing authority accommodation) after “section” insert |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(a) | section 3A(7A) of the Protection from Eviction Act 1977 (c. 43) |
| |
(excluded tenancies and licences), |
| 5 |
(b) | paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order |
| |
1983 (S.I. 1983/1118 (N.I. 15)) (non-secure tenancies), |
| |
(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- |
| 10 |
| |
(e) | paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988 (c. 43) |
| |
(non-assured tenancies), and |
| |
(f) | paragraph 12A(1) of Schedule 1 to the Housing Act 1988 (c. 50) (non- |
| |
| 15 |
(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 |
| |
under section 4 of the Immigration and Asylum Act 1999 (c. 33) |
| |
| |
(5) | A tenancy which would be a Scottish secure tenancy but for subsection (4) |
| 20 |
becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to |
| |
| |
| |
(1) | Section 13 of the Asylum and Immigration (Treatment of Claimants, etc.) Act |
| |
2004 (c. 19) (integration loan for refugees) shall be amended as follows. |
| 25 |
(2) | In subsection (1) for “to refugees.” substitute “— |
| |
| |
(b) | to such other classes of person, or to persons other than refugees |
| |
in such circumstances, as the regulations may prescribe.” |
| |
(3) | In subsection (2)(b) for “granted him indefinite leave to enter or remain” |
| 30 |
substitute “granted him leave to enter or remain”. |
| |
(4) | In subsection (3)(a)(iii) after “as a refugee” insert “or since some other event)”. |
| |
(5) | In subsection (3)(h) for “refugee” substitute “person”. |
| |
(6) | The heading to the section becomes “Integration loans for refugees and others”. |
| |
44 | Inspection of detention facilities |
| 35 |
(1) | For section 5A(5A) of the Prison Act 1952 (c. 52) (removal centres: inspection) |
| |
| |
“(5A) | Subsections (2) to (5) shall apply— |
| |
(a) | in relation to removal centres within the meaning of section 147 |
| |
of the Immigration and Asylum Act 1999, |
| 40 |
(b) | in relation to short term holding facilities within the meaning of |
| |
| |
(c) | in relation to escort arrangements within the meaning of that |
| |
| |
|
| |
|
| |
|
(5B) | In their application by virtue of subsection (5A) subsections (2) to (5)— |
| |
(a) | shall apply to centres, facilities and arrangements anywhere in |
| |
| |
| |
(i) | as if a reference to prisons were a reference to removal |
| 5 |
centres, short term holding facilities and escort |
| |
| |
(ii) | as if a reference to prisoners were a reference to detained |
| |
persons and persons to whom escort arrangements |
| |
| 10 |
(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 |
| 15 |
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 |
| |
| |
45 | Removal: cancellation of leave |
| 20 |
For section 10(8) of the Immigration and Asylum Act 1999 (c. 33) (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.” |
| 25 |
46 | Capacity to make nationality application |
| |
After section 44 of the British Nationality Act 1981 (c. 61) (decisions involving |
| |
| |
“44A | Waiver of requirement for full capacity |
| |
Where a provision of this Act requires an applicant to be of full |
| 30 |
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.” |
| |
| |
(1) | Rules under section 3 of the Immigration Act 1971 (c. 77)— |
| |
(a) | may require a specified procedure to be followed in making or |
| 35 |
pursuing an application or claim (whether or not under those rules or |
| |
| |
(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 |
| 40 |
(d) | may make provision for the consequences of failure to comply with a |
| |
requirement under paragraph (a), (b) or (c). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(a) | may require a specified procedure to be followed (and may, in |
| |
particular, require the use of a specified form and the submission of |
| 5 |
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— |
| 10 |
(a) | section 31A of the Immigration Act 1971 (c. 77) (procedure for |
| |
| |
(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) |
| 15 |
| |
“(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 |
| 20 |
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. |
| |
| |
(1) | The Secretary of State may by order require an application or claim in |
| 25 |
connection with 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— |
| |
(a) | the provision on request of a service (whether or not under an |
| 30 |
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 |
| |
| 35 |
(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— |
| |
(a) | shall specify the amount of the fee, |
| 40 |
(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 |
| |
(f) | may make provision about the time or period of time at or during |
| 45 |
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 48 may |
| |
| |
| 5 |
(1) | A fee imposed under section 48 may relate to a thing whether or not it is done |
| |
wholly or partly outside the United Kingdom; but that section is without |
| |
| |
(a) | section 1 of the Consular Fees Act 1980 (c. 23), and |
| |
(b) | any other power to charge a fee. |
| 10 |
(2) | Section 48 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 48 above in so far as they |
| |
relate to the same matters as the repealed power. |
| 15 |
(3) | An order or regulations under section 48— |
| |
(a) | may make provision generally or only in respect of specified cases or |
| |
| |
(b) | may make different provision for different cases or circumstances, |
| |
(c) | may include incidental, consequential or transitional provision, and |
| 20 |
(d) | shall be made by statutory instrument. |
| |
(4) | An order under section 48— |
| |
(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. |
| 25 |
(5) | Regulations under section 48— |
| |
(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 |
| |
| |
(6) | A reference in section 48 to anything in connection with immigration or |
| 30 |
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. |
| |
| 35 |
| |
50 | Arrest pending deportation |
| |
At the end of paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (c. 77) |
| |
(deportation: power to detain) insert “; and for that purpose the reference in |
| |
paragraph 17(1) to a person liable to detention includes a reference to a person |
| 40 |
who would be liable to detention upon receipt of a notice which is ready to be |
| |
| |
|
| |
|