UK Borders Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

UK Borders Bill

UK Borders Bill
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A
Bill
To
Make provision about immigration and asylum; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Detention at ports
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Designated immigration officers
(1)
The Secretary of State may designate immigration officers for the purposes of
section 2.
(2)
The Secretary of State may designate only officers who the Secretary of State
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thinks are—
(a)
fit and proper for the purpose, and
(b)
suitably trained.
(3)
A designation—
(a)
may be permanent or for a specified period, and
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(b)
may (in either case) be revoked.
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Detention
(1)
A designated immigration officer at a port in England, Wales or Northern
Ireland may detain an individual if the immigration officer thinks that the
individual—
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(a)
may be liable to arrest by a constable under section 24(1), (2) or (3) of
the Police and Criminal Evidence Act 1984 (c. 60) or Article 26(1), (2) or
(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989
(S.I. 1989/1341 (N.I. 12)), or
(b)
is subject to a warrant for arrest.
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(2)
A designated immigration officer who detains an individual—
(a)
must arrange for a constable to attend as soon as is reasonably
practicable,

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(b)
may search the individual for, and retain, anything that might be used
to assist escape or to cause physical injury to the individual or another
person,
(c)
must retain anything found on a search which the immigration officer
thinks may be evidence of the commission of an offence, and
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(d)
must, when the constable arrives, deliver to the constable the
individual and anything retained on a search.
(3)
An individual may not be detained under this section for longer than three
hours.
(4)
A designated immigration officer may use reasonable force for the purpose of
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exercising a power under this section.
(5)
Where an individual whom a designated immigration officer has detained or
attempted to detain under this section leaves the port, a designated
immigration officer may—
(a)
pursue the individual, and
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(b)
return the individual to the port.
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Enforcement
(1)
An offence is committed by a person who—
(a)
absconds from detention under section 2,
(b)
assaults an immigration officer exercising a power under section 2, or
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(c)
obstructs an immigration officer in the exercise of a power under
section 2.
(2)
A person guilty of an offence under subsection (1)(a) or (b) shall be liable on
summary conviction to—
(a)
imprisonment for a term not exceeding 51 weeks,
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(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
(3)
A person guilty of an offence under subsection (1)(c) shall be liable on
summary conviction to—
(a)
imprisonment for a term not exceeding 51 weeks,
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(b)
a fine not exceeding level 3 on the standard scale, or
(c)
both.
(4)
In the application of this section to Northern Ireland—
(a)
the reference in subsection (2)(a) to 51 weeks shall be treated as a
reference to six months, and
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(b)
the reference in subsection (3)(a) to 51 weeks shall be treated as a
reference to one month.
(5)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences)—
(a)
the reference in subsection (2)(a) to 51 weeks shall be treated as a
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reference to six months, and
(b)
the reference in subsection (3)(a) to 51 weeks shall be treated as a
reference to one month.

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Interpretation: “port”
(1)
In section 2 “port” includes an airport and a hoverport.
(2)
A place shall be treated for the purposes of that section as a port in relation to
an individual if a designated immigration officer believes that the individual—
(a)
has gone there for the purpose of embarking on a ship or aircraft, or
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(b)
has arrived there on disembarking from a ship or aircraft.
Biometric registration
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Registration regulations
(1)
The Secretary of State may make regulations—
(a)
requiring a person subject to immigration control to apply for the issue
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of a document recording biometric information (a “biometric
immigration document”);
(b)
requiring a biometric immigration document to be used—
(i)
for specified immigration purposes,
(ii)
in connection with specified immigration procedures, or
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(iii)
in specified circumstances, where a question arises about a
person’s status in relation to nationality or immigration;
(c)
requiring a person who produces a biometric immigration document
by virtue of paragraph (b) to provide information for comparison with
information provided in connection with the application for the
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document.
(2)
Regulations under subsection (1)(a) may, in particular—
(a)
apply generally or only to a specified class of persons subject to
immigration control (for example, persons making or seeking to make
a specified kind of application for immigration purposes);
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(b)
specify the period within which an application for a biometric
immigration document must be made;
(c)
make provision about the issue of biometric immigration documents;
(d)
make provision about the content of biometric immigration documents
(which may include non-biometric information);
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(e)
make provision permitting a biometric immigration document to be
combined with another document;
(f)
make provision for biometric immigration documents to begin to have
effect, and cease to have effect, in accordance with the regulations;
(g)
permit or require the Secretary of State to suspend or cancel a biometric
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immigration document in specified circumstances;
(h)
require the holder of a biometric immigration document to notify the
Secretary of State in specified circumstances;
(i)
require a person who acquires a biometric immigration document,
without the consent of the person to whom it relates or of the Secretary
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of State, to surrender it to the Secretary of State as soon as is reasonably
practicable;
(j)
permit the Secretary of State to require the surrender of a biometric
immigration document in other specified circumstances;
(k)
permit the Secretary of State on issuing a biometric immigration
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document to require the surrender of other documents.

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(3)
Regulations under subsection (1)(a) may require a person applying for the
issue of a biometric immigration document to provide information (which may
include biographical or other non-biometric information) to be recorded in it
or retained by the Secretary of State; and, in particular, the regulations may—
(a)
require, or permit an authorised person to require, the provision of
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information in a specified form;
(b)
require an individual to submit, or permit an authorised person to
require an individual to submit, to a specified process by means of
which biometric information is obtained or recorded;
(c)
confer a function (which may include the exercise of a discretion) on an
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authorised person;
(d)
permit the Secretary of State, instead of requiring the provision of
information, to use or retain information which is (for whatever reason)
already in the Secretary of State’s possession;
(e)
require an authorised person to have regard to a code (with or without
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modification);
(f)
require an authorised person to have regard to such provisions of a
code (with or without modification) as may be specified by direction of
the Secretary of State.
(4)
Regulations under subsection (1)(c) may, in particular, make provision of a
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kind specified in subsection (3)(a), (b), (e) or (f).
(5)
Rules under section 3 of the Immigration Act 1971 (c. 77) (immigration rules)
may require a person applying for the issue of a biometric immigration
document to provide non-biometric information to be recorded in it or retained
by the Secretary of State.
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(6)
Subsections (3) to (5) are without prejudice to the generality of section 50 of the
Immigration, Asylum and Nationality Act 2006 (c. 13) (procedure).
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Regulations: supplemental
(1)
This section applies to regulations under section 5(1).
(2)
Regulations amending or replacing earlier regulations may require a person
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who holds a biometric immigration document issued under the earlier
regulations to apply under the new regulations.
(3)
In so far as regulations require an individual under the age of 16 to submit to a
process for the recording of biometric information, or permit an authorised
person to require an individual under the age of 16 to submit to a process of
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that kind, the regulations must make provision similar to section 141(3) to (5)
and (13) of the Immigration and Asylum Act 1999 (fingerprints: children).
(4)
Rules under section 3 of the Immigration Act 1971 (c. 77) (immigration rules)
may make provision by reference to compliance or non-compliance with
regulations.
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(5)
Information in the Secretary of State’s possession which is used or retained in
accordance with regulations under section 5(3)(d) shall be treated, for the
purpose of requirements about treatment and destruction, as having been
provided in accordance with the regulations at the time at which it is used or
retained in accordance with them.
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(6)
Regulations—

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(a)
may make provision having effect generally or only in specified cases
or circumstances,
(b)
may make different provision for different cases or circumstances,
(c)
may include incidental, consequential or transitional provision,
(d)
shall be made by statutory instrument, and
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(e)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
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Effect of non-compliance
(1)
Regulations under section 5(1) must include provision about the effect of
failure to comply with a requirement of the regulations.
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(2)
In particular, the regulations may—
(a)
require or permit an application for a biometric immigration document
to be refused;
(b)
require or permit an application or claim in connection with
immigration to be disregarded or refused;
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(c)
require or permit the cancellation or variation of leave to enter or
remain in the United Kingdom;
(d)
require the Secretary of State to consider giving a notice under section
9;
(e)
provide for the consequence of a failure to be at the discretion of the
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Secretary of State.
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Use and retention of information
(1)
Regulations under section 5(1) must make provision about the use and
retention by the Secretary of State of biometric information provided in
accordance with the regulations.
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(2)
The regulations may include provision permitting the use of information for
specified purposes which do not relate to immigration.
(3)
Regulations under section 5(1)—
(a)
must include provision about the destruction of information obtained
or recorded by virtue of—
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(i)
the regulations, or
(ii)
immigration rules made by virtue of section 5(5),
(b)
must, in particular, require the destruction of information if the
Secretary of State thinks that it is no longer likely to be of use—
(i)
in accordance with provision made by virtue of subsection (1)
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above, or
(ii)
in connection with a function under the Immigration Acts, and
(c)
must include provision similar to section 143(2) and (10) to (13) of the
Immigration and Asylum Act 1999 (c. 33) (fingerprints: destruction of
copies and electronic data).
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(4)
But a requirement to destroy information shall not apply if and in so far as the
information is retained in accordance with and for the purposes of another
enactment.