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UK Borders Bill


UK Borders Bill

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(e)   

providing facilities, or arranging for the provision of facilities, for the

accommodation of persons under section 4 of the Immigration and

Asylum Act 1999 (c. 33);

(f)   

providing support for asylum-seekers and their dependants under Part

VI of that Act;

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(g)   

determining whether an applicant for naturalisation under the British

Nationality Act 1981 (c. 61) is of good character;

(h)   

determining whether an applicant within subsection (1) of section 58 of

the Immigration, Asylum and Nationality Act 2006 (c. 13) (acquisition

of British nationality, &c. by adult or young person) for registration

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under a provision listed in subsection (2) of that section is of good

character;

(i)   

determining whether to make an order in respect of a person under

section 40 of the British Nationality Act 1981 (deprivation of

citizenship);

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(j)   

doing anything else in connection with the exercise of immigration and

nationality functions.

(2)   

This section applies to a document or article which comes into the possession

of, or is discovered by, HMRC or the RCPO, or a person acting on behalf of

HMRC or the RCPO, as it applies to information.

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(3)   

The Secretary of State—

(a)   

may retain for a purpose within subsection (1) a document or article

supplied by virtue of subsection (2);

(b)   

may dispose of a document or article supplied by virtue of subsection

(2).

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(4)   

In subsection (1) “immigration and nationality functions” means functions

exercisable by virtue of—

(a)   

the Immigration Acts,

(b)   

the British Nationality Act 1981,

(c)   

the Hong Kong Act 1985 (c. 15),

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(d)   

the Hong Kong (War Wives and Widows) Act 1996 (c. 41), or

(e)   

the British Nationality (Hong Kong) Act 1997 (c. 20).

(5)   

A power conferred by this section on HMRC or the RCPO may be exercised on

behalf of HMRC or the RCPO by a person who is authorised (generally or

specifically) for the purpose.

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(6)   

The following provisions (which relate to the supply of information to the

Secretary of State) shall cease to have effect—

(a)   

section 20(1)(d) of the Immigration and Asylum Act 1999,

(b)   

section 130 of the Nationality, Immigration and Asylum Act 2002

(c. 41), and

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(c)   

paragraphs 17 and 20 of Schedule 2 to the Commissioners for Revenue

and Customs Act 2005 (c. 11).

37      

Confidentiality

(1)   

A person to whom relevant information is supplied (whether before or after

the commencement of this section) may not disclose that information.

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UK Borders Bill

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(2)   

Information is relevant information if it is supplied by or on behalf of HMRC

or the RCPO under—

(a)   

section 20 of the Immigration and Asylum Act 1999 (c. 33),

(b)   

section 130 of the Nationality, Immigration and Asylum Act 2002

(c. 41),

5

(c)   

section 36 of the Immigration, Asylum and Nationality Act 2006 (c. 13)

(except in so far as that section relates to information supplied to a chief

officer of police), or

(d)   

section 36 of this Act.

(3)   

But subsection (1) does not apply to a disclosure—

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(a)   

which is made for a purpose within section 36(1),

(b)   

which is made for the purposes of civil proceedings (whether or not

within the United Kingdom) relating to an immigration or nationality

matter,

(c)   

which is made for the purposes of a criminal investigation or criminal

15

proceedings (whether or not within the United Kingdom) relating to an

immigration or nationality matter,

(d)   

which is made in pursuance of an order of a court,

(e)   

which is made with the consent (which may be general or specific) of

HMRC or the RCPO, depending on by whom or on whose behalf the

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information was supplied, or

(f)   

which is made with the consent of each person to whom the

information relates.

(4)   

Subsection (1) is subject to any other enactment permitting disclosure.

(5)   

The reference in subsection (1) to a person to whom relevant information is

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supplied includes a reference to a person who is or was acting on behalf of that

person.

(6)   

The reference in subsection (2) to information supplied under section 36 of this

Act includes a reference to documents or articles supplied by virtue of

subsection (2) of that section.

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(7)   

In subsection (3) “immigration or nationality matter” means a matter in respect

of which the Secretary of State has immigration and nationality functions

(within the meaning given in section 36(4)).

(8)   

In subsection (4) “enactment” does not include—

(a)   

an Act of the Scottish Parliament,

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(b)   

an Act of the Northern Ireland Assembly, or

(c)   

an instrument made under an Act within paragraph (a) or (b).

38      

Wrongful disclosure

(1)   

An offence is committed by a person who contravenes section 37 by disclosing

information relating to a person whose identity—

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(a)   

is specified in the disclosure, or

(b)   

can be deduced from it.

(2)   

Subsection (1) does not apply to the disclosure of information about internal

administrative arrangements of HMRC or the RCPO (whether relating to

Commissioners, officers, members of the RCPO or others).

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UK Borders Bill

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(3)   

It is a defence for a person (P) charged with an offence under this section of

disclosing information to prove that P reasonably believed—

(a)   

that the disclosure was lawful, or

(b)   

that the information had already and lawfully been made available to

the public.

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(4)   

A person guilty of an offence under this section shall be liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

two years, to a fine or to both, or

(b)   

on summary conviction, to imprisonment for a term not exceeding 12

months, to a fine not exceeding the statutory maximum or to both.

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(5)   

The reference in subsection (4)(b) to 12 months shall be treated as a reference

to six months—

(a)   

in the application of this section to Northern Ireland;

(b)   

in the application of this section to England and Wales, in relation to an

offence under this section committed before the commencement of

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section 282 of the Criminal Justice Act 2003 (c. 44) (imprisonment on

summary conviction for certain offences in England and Wales);

(c)   

in the application of this section to Scotland, until the commencement

of section 35(1) of the Criminal Proceedings etc. (Reform) (Scotland)

Act 2007 (corresponding provision in Scotland).

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(6)   

A prosecution for an offence under this section may be instituted—

(a)   

in England and Wales, only with the consent of the Director of Public

Prosecutions;

(b)   

in Northern Ireland, only with the consent of the Director of Public

Prosecutions for Northern Ireland.

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39      

Supply of police information, etc.

In section 131 of the Nationality, Immigration and Asylum Act 2002 (c. 41)

(police, etc.), for the words from “determining” to the end substitute “—

(a)   

determining whether an applicant for naturalisation under the

British Nationality Act 1981 is of good character;

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(b)   

determining whether an applicant within subsection (1) of

section 58 of the Immigration, Asylum and Nationality Act 2006

(acquisition of British nationality, &c. by adult or young person)

for registration under a provision listed in subsection (2) of that

section is of good character;

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(c)   

determining whether to make an order in respect of a person

under section 40 of the British Nationality Act 1981 (deprivation

of citizenship).”

40      

Search for evidence of nationality

(1)   

This section applies where an individual has been arrested on suspicion of the

40

commission of an offence and an immigration officer or a constable suspects—

(a)   

that the individual may not be a British citizen, and

(b)   

that nationality documents relating to the individual may be found

on—

(i)   

premises occupied or controlled by the individual, or

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(ii)   

premises on which the individual was arrested.

 
 

UK Borders Bill

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(2)   

The immigration officer or constable may enter and search the premises for the

purpose of finding those documents.

(3)   

The power of search may be exercised only with the written authority of a

senior officer; and for that purpose—

(a)   

“senior officer” means—

5

(i)   

in relation to an immigration officer, an immigration officer of

at least the rank of chief immigration officer, and

(ii)   

in relation to a constable, a constable of at least the rank of

inspector, and

(b)   

a senior officer who gives authority must arrange for a written record

10

to be made of—

(i)   

the grounds for the suspicions in reliance on which the power

of search is to be exercised, and

(ii)   

the nature of the documents sought.

(4)   

The power of search may not be exercised where the individual has been

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released without being charged with an offence.

(5)   

In relation to an individual “nationality document” means a document

showing—

(a)   

the individual’s identity, nationality or citizenship,

(b)   

the place from which the individual travelled to the United Kingdom,

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or

(c)   

a place to which the individual is proposing to go from the United

Kingdom.

(6)   

In Part 2 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable

by police civilians: investigating officers) after paragraph 18 (entry and search

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after arrest) insert—

Entry and search for evidence of nationality after arrest

18A        

Where a designation applies this paragraph to any person sections 40

and 41 of the UK Borders Act 2007 (entry, search and seizure after

arrest) shall apply to that person (with any necessary modifications)

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as if a reference to a constable included a reference to that person.”

41      

Seizure of nationality documents

(1)   

An immigration officer or constable searching premises under section 40 may

seize a document which the officer or constable thinks is a nationality

document in relation to the arrested individual.

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(2)   

Subsection (1) does not apply to a document which—

(a)   

in relation to England and Wales or Northern Ireland, is subject to legal

professional privilege, or

(b)   

in relation to Scotland, is an item subject to legal privilege within the

meaning of section 412 of the Proceeds of Crime Act 2002 (c. 29).

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(3)   

An immigration officer or constable may retain a document seized under

subsection (1) while the officer or constable suspects that—

(a)   

the individual to whom the document relates may be liable to removal

from the United Kingdom in accordance with a provision of the

Immigration Acts, and

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(b)   

retention of the document may facilitate the individual’s removal.

(4)   

Section 28I of the Immigration Act 1971 (c. 77) (seized material: access and

copying) shall have effect in relation to a document seized and retained by an

immigration officer.

(5)   

Section 21 of the Police and Criminal Evidence Act 1984 (c. 60) or Article 23 of

5

the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/

1341 N.I. 12) (seized material: access and copying) shall have effect in relation

to a document seized and retained by a constable in England and Wales or

Northern Ireland.

General

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42      

Money

The following shall be paid out of money provided by Parliament

(a)   

any expenditure of a Minister of the Crown in consequence of this Act, and

(b)   

any increase attributable to this Act in sums payable out of money provided by

Parliament under another enactment.

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43      

Repeals

The enactments listed in the Schedule are repealed to the extent specified.

44      

Commencement

(1)   

Section 17 comes into force on the day on which this Act is passed.

(2)   

The other preceding provisions of this Act shall come into force in accordance

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with provision made by the Secretary of State by order.

(3)   

An order—

(a)   

may make provision generally or only for specified purposes,

(b)   

may make different provision for different purposes, and

(c)   

may include incidental, consequential or transitional provision.

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(4)   

In particular, transitional provision—

(a)   

in the case of an order commencing section 16, may permit the adding

of a condition to leave given before the passing of this Act;

(b)   

in the case of an order commencing section 21, may permit an order to

be made in proceedings instituted before the passing of this Act;

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(c)   

in the case of an order commencing section 22, may permit an order or

regulations to have effect in relation to property which came into the

possession of an immigration officer or the Secretary of State before the

passing of this Act;

(d)   

in the case of an order commencing section 28

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(i)   

may provide for the section to apply to persons convicted

before the passing of this Act who are in custody at the time of

commencement;

(ii)   

may modify the application of the section in relation to those

persons so as to disapply, or apply only to a specified extent,

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Condition 2.

 
 

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(5)   

An order shall be made by statutory instrument.

45      

Extent

(1)   

Sections 1 to 4 and 21 extend to—

(a)   

England and Wales, and

(b)   

Northern Ireland.

5

(2)   

Other provisions of this Act extend to—

(a)   

England and Wales,

(b)   

Scotland, and

(c)   

Northern Ireland.

(3)   

But a provision of this Act which amends another Act shall have the same

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extent as the relevant part of the amended Act (ignoring extent by virtue of an

Order in Council).

(4)   

Her Majesty may by Order in Council direct that a provision of this Act is to

extend, with or without modification or adaptation, to—

(a)   

any of the Channel Islands;

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(b)   

the Isle of Man.

46      

Citation

(1)   

This Act may be cited as the UK Borders Act 2007.

(2)   

A reference (in any enactment, including one passed or made before this Act)

to “the Immigration Acts” is to—

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(a)   

the Immigration Act 1971 (c. 77),

(b)   

the Immigration Act 1988 (c. 14),

(c)   

the Asylum and Immigration Appeals Act 1993 (c. 23),

(d)   

the Asylum and Immigration Act 1996 (c. 49),

(e)   

the Immigration and Asylum Act 1999 (c. 33),

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(f)   

the Nationality, Immigration and Asylum Act 2002 (c. 41),

(g)   

the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.

19),

(h)   

the Immigration, Asylum and Nationality Act 2006 (c. 13), and

(i)   

this Act.

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(3)   

Section 64(2) of the Immigration, Asylum and Nationality Act 2006 (meaning

of “Immigration Acts”) shall cease to have effect.

(4)   

In the definition of “The Immigration Acts” in Schedule 1 to the Interpretation

Act 1978 (c. 30) (defined expressions) for “section 64 of the Immigration,

Asylum and Nationality Act 2006” substitute “section 46 of the UK Borders Act

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2007”.

 
 

 
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