|
| |
| |
(e) | providing facilities, or arranging for the provision of facilities, for the |
| |
accommodation of persons under section 4 of the Immigration and |
| |
| |
(f) | providing support for asylum-seekers and their dependants under Part |
| |
| 5 |
(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 |
| 10 |
under a provision listed in subsection (2) of that section is of good |
| |
| |
(i) | determining whether to make an order in respect of a person under |
| |
section 40 of the British Nationality Act 1981 (deprivation of |
| |
| 15 |
(j) | doing anything else in connection with the exercise of immigration and |
| |
| |
(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. |
| 20 |
(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 |
| |
| 25 |
(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), |
| 30 |
(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. |
| 35 |
(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 |
| |
| 40 |
(c) | paragraphs 17 and 20 of Schedule 2 to the Commissioners for Revenue |
| |
and Customs Act 2005 (c. 11). |
| |
| |
(1) | A person to whom relevant information is supplied (whether before or after |
| |
the commencement of this section) may not disclose that information. |
| 45 |
| |
| |
|
| |
| |
(2) | Information is relevant information if it is supplied by or on behalf of HMRC |
| |
| |
(a) | section 20 of the Immigration and Asylum Act 1999 (c. 33), |
| |
(b) | section 130 of the Nationality, Immigration and Asylum Act 2002 |
| |
| 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 |
| |
| |
(d) | section 36 of this Act. |
| |
(3) | But subsection (1) does not apply to a disclosure— |
| 10 |
(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 |
| |
| |
(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 |
| 20 |
information was supplied, or |
| |
(f) | which is made with the consent of each person to whom the |
| |
| |
(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 |
| 25 |
supplied includes a reference to a person who is or was acting on behalf of that |
| |
| |
(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. |
| 30 |
(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, |
| 35 |
(b) | an Act of the Northern Ireland Assembly, or |
| |
(c) | an instrument made under an Act within paragraph (a) or (b). |
| |
| |
(1) | An offence is committed by a person who contravenes section 37 by disclosing |
| |
information relating to a person whose identity— |
| 40 |
(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). |
| 45 |
| |
| |
|
| |
| |
(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 |
| |
| 5 |
(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. |
| 10 |
(5) | The reference in subsection (4)(b) to 12 months shall be treated as a reference |
| |
| |
(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 |
| 15 |
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). |
| 20 |
(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 |
| |
| |
(b) | in Northern Ireland, only with the consent of the Director of Public |
| |
Prosecutions for Northern Ireland. |
| 25 |
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; |
| 30 |
(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; |
| 35 |
(c) | determining whether to make an order in respect of a person |
| |
under section 40 of the British Nationality Act 1981 (deprivation |
| |
| |
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 |
| |
| |
(i) | premises occupied or controlled by the individual, or |
| 45 |
(ii) | premises on which the individual was arrested. |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(b) | a senior officer who gives authority must arrange for a written record |
| 10 |
| |
(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 |
| 15 |
released without being charged with an offence. |
| |
(5) | In relation to an individual “nationality document” means a document |
| |
| |
(a) | the individual’s identity, nationality or citizenship, |
| |
(b) | the place from which the individual travelled to the United Kingdom, |
| 20 |
| |
(c) | a place to which the individual is proposing to go from the United |
| |
| |
(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 |
| 25 |
| |
“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) |
| 30 |
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. |
| 35 |
(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). |
| 40 |
(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 |
| |
| 45 |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 10 |
| |
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. |
| 15 |
| |
The enactments listed in the Schedule are repealed to the extent specified. |
| |
| |
(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 |
| 20 |
with provision made by the Secretary of State by 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. |
| 25 |
(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; |
| 30 |
(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 |
| |
| |
(d) | in the case of an order commencing section 28— |
| 35 |
(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 |
| |
| |
(ii) | may modify the application of the section in relation to those |
| |
persons so as to disapply, or apply only to a specified extent, |
| 40 |
| |
| |
| |
|
| |
| |
(5) | An order shall be made by statutory instrument. |
| |
| |
(1) | Sections 1 to 4 and 21 extend to— |
| |
(a) | England and Wales, and |
| |
| 5 |
(2) | Other provisions of this Act extend to— |
| |
| |
| |
| |
(3) | But a provision of this Act which amends another Act shall have the same |
| 10 |
extent as the relevant part of the amended Act (ignoring extent by virtue of an |
| |
| |
(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; |
| 15 |
| |
| |
(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— |
| 20 |
(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), |
| 25 |
(f) | the Nationality, Immigration and Asylum Act 2002 (c. 41), |
| |
(g) | the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. |
| |
| |
(h) | the Immigration, Asylum and Nationality Act 2006 (c. 13), and |
| |
| 30 |
(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 |
| 35 |
| |
| |
| |
|
