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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Section 39: supplemental
(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),
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(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
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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
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 39—
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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 39(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 39
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 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
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being delivered to an immigration officer,
(c)
obstructs an authorised person in the exercise of a power under section
39, or
(d)
assaults an authorised person who is exercising a power under section
39.
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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—

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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—
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(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.
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(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.
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Information: embarking passengers
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(1)
Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be
amended as follows.
(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—
(a)
his identity;
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(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
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(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
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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)”.
Claimants and applicants
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Accommodation
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(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
(b)
after “section” insert “4, ”.
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(2)
In section 118(1)(b) (housing authority accommodation) after “section” insert
“4 or”.

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(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
Act 1999”—
(a)
section 3A(7A) of the Protection from Eviction Act 1977 (c. 43)
(excluded tenancies and licences),
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(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-
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secure tenancies),
(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-
assured tenancies).
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(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)
(accommodation).
(5)
A tenancy which would be a Scottish secure tenancy but for subsection (4)
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becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to
be regarded as such.
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Integration loans
(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.
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(2)
In subsection (1) for “to refugees.” substitute “—
(a)
to refugees, and
(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”
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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”.
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Inspection of detention facilities
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(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
of the Immigration and Asylum Act 1999,
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(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.

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(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
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(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
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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).”
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Removal: cancellation of leave
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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.”
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Capacity to make nationality application
After section 44 of the British Nationality Act 1981 (c. 61) (decisions involving
discretion) insert—
“44A
Waiver of requirement for full capacity
Where a provision of this Act requires an applicant to be of full
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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.”
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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
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pursuing an application or claim (whether or not under those rules or
any other enactment),
(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
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(d)
may make provision for the consequences of failure to comply with a
requirement under paragraph (a), (b) or (c).

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(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 (c. 77) (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)
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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.
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Fees
(1)
The Secretary of State may by order require an application or claim in
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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
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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
nationality, or
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(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,
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(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
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which a fee may or must be paid.

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(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
specify.
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Fees: supplemental
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(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
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 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.
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(3)
An order or regulations under section 48—
(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 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.
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(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
House of Parliament.
(6)
A reference in section 48 to anything in connection with immigration or
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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.
Miscellaneous
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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
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who would be liable to detention upon receipt of a notice which is ready to be
given to him.”