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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17
Enforcement
(1)
A sum payable to the Secretary of State as a penalty under section 14 may be
recovered by the Secretary of State as a debt due to him.
(2)
In proceedings for the enforcement of a penalty no question may be raised as
to—
5
(a)
liability to the imposition of the penalty,
(b)
the application of the excuse in section 14(3), or
(c)
the amount of the penalty.
(3)
Money paid to the Secretary of State by way of penalty shall be paid into the
Consolidated Fund.
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18
Code of practice
(1)
The Secretary of State shall issue a code of practice specifying factors to be
considered by him in determining the amount of a penalty imposed under
section 14.
(2)
The code—
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(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
Secretary of State.
(3)
The Secretary of State shall from time to time review the code and may revise
and re-issue it following a review; and a reference in this section to the code
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includes a reference to the code as revised.
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Orders
An order of the Secretary of State under section 14, 15 or 18—
(a)
may make provision which applies generally or only in specified
circumstances,
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(b)
may make different provision for different circumstances,
(c)
may include transitional or incidental provision,
(d)
shall be made by statutory instrument, and
(e)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
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20
Offence
(1)
A person commits an offence if he employs another (“the employee”) knowing
that the employee is an adult subject to immigration control and that—
(a)
he has not been granted leave to enter or remain in the United
Kingdom, or
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(b)
his leave to enter or remain in the United Kingdom—
(i)
is invalid,
(ii)
has expired, or
(iii)
is subject to a condition preventing him from accepting the
employment.
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(2)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment—

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(i)
to imprisonment for a term not exceeding two years,
(ii)
to a fine, or
(iii)
to both, or
(b)
on summary conviction—
(i)
to imprisonment for a term not exceeding 12 months in England
5
and Wales or 6 months in Scotland or Northern Ireland,
(ii)
to a fine not exceeding the statutory maximum, or
(iii)
to both.
(3)
An offence under this section shall be treated as—
(a)
a relevant offence for the purpose of sections 28B and 28D of the
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Immigration Act 1971 (c. 77) (search, entry and arrest), and
(b)
an offence under Part III of that Act (criminal proceedings) for the
purposes of sections 28E, 28G and 28H (search after arrest).
(4)
In relation to a conviction occurring before the commencement of section
154(1) of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates’
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powers to imprison) the reference to 12 months in subsection (2)(b)(i) shall be
taken as a reference to 6 months.
21
Offence: bodies corporate, &c.
(1)
For the purposes of section 20(1) a body (whether corporate or not) shall be
treated as knowing a fact about an employee if a person who has responsibility
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within the body for an aspect of the employment knows the fact.
(2)
If an offence under section 20(1) is committed by a body corporate with the
consent or connivance of an officer of the body, the officer, as well as the body,
shall be treated as having committed the offence.
(3)
In subsection (2) a reference to an officer of a body includes a reference to—
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(a)
a director, manager or secretary,
(b)
a person purporting to act as a director, manager or secretary, and
(c)
if the affairs of the body are managed by its members, a member.
(4)
Where an offence under section 20(1) is committed by a partnership (whether
or not a limited partnership) subsection (2) above shall have effect, but as if a
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reference to an officer of the body were a reference to—
(a)
a partner, and
(b)
a person purporting to act as a partner.
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Discrimination: code of practice
(1)
The Secretary of State shall issue a code of practice specifying what an
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employer should or should not do in order to ensure that, while avoiding
liability to a penalty under section 14 and while avoiding the commission of an
offence under section 20, he also avoids contravening—
(a)
the Race Relations Act 1976 (c. 74), or
(b)
the Race Relations (Northern Ireland) Order 1997 (S.I. 869 (N.I. 6)).
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(2)
Before issuing the code the Secretary of State shall—
(a)
consult—
(i)
the Commission for Racial Equality,
(ii)
the Equality Commission for Northern Ireland,

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(iii)
such bodies representing employers as he thinks appropriate,
and
(iv)
such bodies representing workers as he thinks appropriate,
(b)
publish a draft code (after that consultation),
(c)
consider any representations made about the published draft, and
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(d)
lay a draft code before Parliament (after considering representations
under paragraph (c) and with or without modifications to reflect the
representations).
(3)
The code shall come into force in accordance with provision made by order of
the Secretary of State; and an order—
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(a)
may include transitional provision,
(b)
shall be made by statutory instrument, and
(c)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
(4)
A breach of the code—
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(a)
shall not make a person liable to civil or criminal proceedings, but
(b)
may be taken into account by a court or tribunal.
(5)
The Secretary of State shall from time to time review the code and may revise
and re-issue it following a review; and a reference in this section to the code
includes a reference to the code as revised.
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23
Temporary admission, &c.
Where a person is at large in the United Kingdom by virtue of paragraph 21(1)
of Schedule 2 to the Immigration Act 1971 (c. 77) (temporary admission or
release from detention)—
(a)
he shall be treated for the purposes of sections 14(1) and 20(1) as if he
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had been granted leave to enter the United Kingdom, and
(b)
any restriction as to employment imposed under paragraph 21(2) shall
be treated for those purposes as a condition of leave.
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Interpretation
In sections 14 to 23—
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(a)
“adult” means a person who has attained the age of 16,
(b)
a reference to employment is to employment under a contract of service
or apprenticeship, whether express or implied and whether oral or
written,
(c)
a person is subject to immigration control if under the Immigration Act
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1971 he requires leave to enter or remain in the United Kingdom, and
(d)
“prescribed” means prescribed by order of the Secretary of State.
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Repeal
Sections 8 and 8A of the Asylum and Immigration Act 1996 (c. 49) (restrictions
on employment) shall cease to have effect.
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Information
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Documents produced or found
(1)
For paragraph 4(4) of Schedule 2 to the Immigration Act 1971 (c. 77) (control on
entry: documents) substitute—
    “(4)
Where a passport or other document is produced or found in
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accordance with this paragraph an immigration officer may examine
it and detain it—
(a)
for the purpose of examining it, for a period not exceeding 7
days;
(b)
for any purpose, until the person to whom the document
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relates is given leave to enter the United Kingdom or is about
to depart or be removed following refusal of leave or until it
is decided that the person does not require leave to enter;
(c)
after a time described in paragraph (b), while the
immigration officer thinks that the document may be
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required in connection with proceedings in respect of an
appeal under the Immigration Acts or in respect of an
offence.
      (5)
For the purpose of ascertaining that a passport or other document
produced or found in accordance with this paragraph relates to a
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person examined under paragraph 2, 2A or 3 above, the person
carrying out the examination may require the person being
examined to provide information (whether or not by submitting to a
process by means of which information is obtained or recorded)
about his external physical characteristics (which may include, in
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particular, fingerprints or features of the iris or any other part of the
eye).”
(2)
Paragraph 4(2A) of that Schedule shall cease to have effect.
27
Fingerprinting
(1)
Section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting)
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shall be amended as follows.
(2)
In subsection (7)(d) for “arrested under paragraph 17 of Schedule 2 to the 1971
Act;” substitute “detained under paragraph 16 of Schedule 2 to the 1971 Act or
arrested under paragraph 17 of that Schedule;”.
(3)
In subsection (8)(d) for “arrest;” substitute “detention or arrest;”.
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(4)
At the end add—
“(17)
Section 157(1) applies to this section (in so far as it relates to removal
centres by virtue of subsection (5)(e)) as it applies to Part VIII.”
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Attendance for fingerprinting
For section 142(2) of the Immigration and Asylum Act 1999 (c. 33) (attendance
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for fingerprinting: timing) substitute—
“(2)
In the case of a notice given to a person of a kind specified in section
141(7)(a) to (d) or (f) (in so far as it applies to a dependant of a person
of a kind specified in section 141(7)(a) to (d)), the notice—
(a)
must require him to attend during a specified period of at least
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seven days beginning with a day not less than seven days after
the date given in the notice as its date of issue, and
(b)
may require him to attend at a specified time of day or during
specified hours.
(2A)
In the case of a notice given to a person of a kind specified in section
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141(7)(e) or (f) (in so far as it applies to a dependant of a person of a kind
specified in section 141(7)(e)), the notice—
(a)
may require him to attend during a specified period beginning
with a day not less than three days after the date given in the
notice as its date of issue,
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(b)
may require him to attend on a specified day not less than three
days after the date given in the notice as its date of issue, and
(c)
may require him to attend at a specified time of day or during
specified hours.”
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Proof of right of abode
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For section 3(9) of the Immigration Act 1971 (c. 77) (proof of right of abode)
substitute—
“(9)
A person seeking to enter the United Kingdom and claiming to have the
right of abode there shall prove it by means of—
(a)
a United Kingdom passport describing him as a British citizen,
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(b)
a United Kingdom passport describing him as a British subject
with the right of abode in the United Kingdom,
(c)
an ID card issued under the Identity Cards Act 2006 describing
him as a British citizen,
(d)
an ID card issued under that Act describing him as a British
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subject with the right of abode in the United Kingdom, or
(e)
a certificate of entitlement.”
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Provision of information to immigration officers
(1)
Schedule 2 to the Immigration Act 1971 (controls on entry: administration)
shall be amended as follows.
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(2)
In paragraph 27 (provision of passenger lists, &c.) for sub-paragraph (2)
substitute—
    “(2)
The Secretary of State may by order require, or enable an
immigration officer to require, a responsible person in respect of a
ship or aircraft to supply—
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(a)
a passenger list showing the names and nationality or
citizenship of passengers arriving or leaving on board the
ship or aircraft;
(b)
particulars of members of the crew of the ship or aircraft.
      (3)
An order under sub-paragraph (2) may relate—
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Immigration, Asylum and Nationality Bill
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(a)
to all ships or aircraft arriving or expected to arrive in the
United Kingdom;
(b)
to all ships or aircraft leaving or expected to leave the United
Kingdom;
(c)
to ships or aircraft arriving or expected to arrive in the United
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Kingdom from or by way of a specified country;
(d)
to ships or aircraft leaving or expected to leave the United
Kingdom to travel to or by way of a specified country;
(e)
to specified ships or specified aircraft.
      (4)
For the purposes of sub-paragraph (2) the following are responsible
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persons in respect of a ship or aircraft—
(a)
the owner or agent, and
(b)
the captain.
      (5)
An order under sub-paragraph (2)—
(a)
may specify the time at which or period during which
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information is to be provided,
(b)
may specify the form and manner in which information is to
be provided,
(c)
shall be made by statutory instrument, and
(d)
shall be subject to annulment in pursuance of a resolution of
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either House of Parliament.”
(3)
In paragraph 27B (passenger information)—
(a)
in each place after “passenger information” insert “or service
information”, and
(b)
after sub-paragraph (9) insert—
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   “(9A)
“Service information” means such information relating to the
voyage or flight undertaken by the ship or aircraft as may be
specified.”
(4)
In section 27 of the Immigration Act 1971 (c. 77) (offences)—
(a)
in paragraph (b)(iv) for “the requirements of paragraph 27B or 27C of
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Schedule 2” substitute “a requirement imposed by or under Schedule
2”, and
(b)
in paragraph (c) omit “as owner or agent of a ship or aircraft or”.
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Passenger and crew information: police powers
(1)
This section applies to ships and aircraft which are—
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(a)
arriving, or expected to arrive, in the United Kingdom, or
(b)
leaving, or expected to leave, the United Kingdom.
(2)
The owner or agent of a ship or aircraft shall comply with any requirement
imposed by a constable of the rank of superintendent or above to provide
passenger or service information.
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(3)
A passenger or member of crew shall provide to the owner or agent of a ship
or aircraft any information that he requires for the purpose of complying with
a requirement imposed by virtue of subsection (2).
(4)
A constable may impose a requirement under subsection (2) only if he thinks
it necessary—
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(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)
“passenger or service information” means information which is of a
kind specified by order of the Secretary of State and which relates to—
(i)
passengers,
(ii)
members of crew, or
(iii)
a voyage or flight,
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(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
(c)
“reserved matters” has the same meaning as in the Scotland Act 1998
(c. 46).
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(6)
A requirement imposed under subsection (2)—
(a)
must be in writing,
(b)
may apply generally or only to one or more specified ships or aircraft,
(c)
must specify a period, not exceeding six months and beginning with
the date on which it is imposed, during which it has effect,
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(d)
must state—
(i)
the information required, and
(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
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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
Human Rights Act 1998 (c. 42)).
(8)
An order under subsection (5)(a)—
(a)
may apply generally or only to specified cases or circumstances,
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(b)
may make different provision for different cases or circumstances,
(c)
may specify the form and manner in which information is to be
provided,
(d)
shall be made by statutory instrument, and
(e)
shall be subject to annulment in pursuance of a resolution of either
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House of Parliament.
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Freight information: police powers
(1)
This section applies to ships , aircraft and vehicles which are—
(a)
arriving, or expected to arrive, in the United Kingdom, or
(b)
leaving, or expected to leave, the United Kingdom.
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(2)
If a constable of the rank of superintendent or above requires a person specified
in subsection (3) to provide freight information he shall comply with the
requirement.
(3)
The persons referred to in subsection (2) are—
(a)
in the case of a ship or aircraft, the owner or agent,
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