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(1) | The Secretary of State may by notice require a person to pay a penalty for |
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failing to comply with a requirement of regulations under section 5(1). |
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(a) | specify the amount of the penalty, |
| 5 |
(b) | specify a date before which the penalty must be paid to the Secretary of |
| |
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(c) | specify methods by which the penalty may be paid, |
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(d) | explain the grounds on which the Secretary of State thinks the person |
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has failed to comply with a requirement of the regulations, and |
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(e) | explain the effect of sections 10 to 12. |
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(3) | The amount specified under subsection (2)(a) may not exceed £1,000. |
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(4) | The date specified under subsection (2)(b) must be not less than 14 days after |
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the date on which the notice is given. |
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(5) | A person who has been given a notice under subsection (1) for failing to |
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comply with regulations may be given further notices in the case of continued |
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failure; but a person may not be given a new notice— |
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(a) | during the time available for objection or appeal against an earlier |
| |
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(b) | while an objection or appeal against an earlier notice has been |
| 20 |
instituted and is neither withdrawn nor determined. |
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(6) | The Secretary of State may by order amend subsection (3) to reflect a change in |
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(1) | A person (P) who is given a penalty notice under section 9(1) may by notice to |
| 25 |
the Secretary of State object on the grounds— |
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(a) | that P has not failed to comply with a requirement of regulations under |
| |
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(b) | that it is unreasonable to require P to pay a penalty, or |
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(c) | that the amount of the penalty is excessive. |
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(2) | A notice of objection must— |
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(a) | specify the grounds of objection and P’s reasons, |
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(b) | comply with any prescribed requirements as to form and content, and |
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(c) | be given within the prescribed period. |
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(3) | The Secretary of State shall consider a notice of objection and— |
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(a) | cancel the penalty notice, |
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(b) | reduce the penalty by varying the penalty notice, |
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(c) | increase the penalty by issuing a new penalty notice, or |
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(d) | confirm the penalty notice. |
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(4) | The Secretary of State shall act under subsection (3) and notify P— |
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(a) | in accordance with any prescribed requirements, and |
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(b) | within the prescribed period or such longer period as the Secretary of |
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|
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|
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|
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(1) | A person (P) who is given a penalty notice under section 9(1) may appeal to— |
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(a) | a county court, in England and Wales or Northern Ireland, or |
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(b) | the sheriff, in Scotland. |
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(2) | An appeal may be brought on the grounds— |
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(a) | that P has not failed to comply with a requirement of regulations under |
| |
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(b) | that it is unreasonable to require P to pay a penalty, or |
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(c) | that the amount of the penalty is excessive. |
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(3) | The court or sheriff may— |
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(a) | cancel the penalty notice, |
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(b) | reduce the penalty by varying the penalty notice, |
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(c) | increase the penalty by varying the penalty notice (whether because the |
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court or sheriff thinks the original amount insufficient or because the |
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court or sheriff thinks that the appeal should not have been brought), or |
| 15 |
(d) | confirm the penalty notice. |
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(4) | An appeal may be brought— |
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(a) | whether or not P has given a notice of objection, and |
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(b) | irrespective of the Secretary of State’s decision on any notice of |
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(5) | The court or sheriff may consider matters of which the Secretary of State was |
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not and could not have been aware before giving the penalty notice. |
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(6) | Rules of court may make provision about the timing of an appeal under this |
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(1) | Where a penalty has not been paid before the date specified in the penalty |
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notice in accordance with section 9(2)(b), it may be recovered as a debt due to |
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(2) | Where a notice of objection is given in respect of a penalty notice, the Secretary |
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of State may not take steps to enforce the penalty notice before— |
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(a) | deciding what to do in response to the notice of objection, and |
| |
(b) | informing the objector. |
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(3) | The Secretary of State may not take steps to enforce a penalty notice while an |
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(a) | could be brought (disregarding any possibility of an appeal out of time |
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(b) | has been brought and has not been determined or abandoned. |
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(4) | In proceedings for the recovery of a penalty no question may be raised as to the |
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matters specified in sections 10 and 11 as grounds for objection or appeal. |
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(5) | Money received by the Secretary of State in respect of a penalty shall be paid into the |
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|
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|
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|
13 | Penalty: code of practice |
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(1) | The Secretary of State shall issue a code of practice setting out the matters to be |
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considered in determining— |
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(a) | whether to give a penalty notice under section 9(1), and |
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(b) | the amount of a penalty. |
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(2) | The code may, in particular, require the Secretary of State to consider any |
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decision taken by virtue of section 7. |
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(3) | A court or the sheriff shall, when considering an appeal under section 11, have |
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(4) | The Secretary of State may revise and re-issue the code. |
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(5) | Before issuing or re-issuing the code the Secretary of State must— |
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(b) | consult members of the public, and |
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(c) | lay a draft before Parliament. |
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(6) | The code (or re-issued code) shall come into force at the prescribed time. |
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14 | Penalty: prescribed matters |
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(1) | In sections 10 to 13 “prescribed” means prescribed by the Secretary of State by |
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(2) | An order under subsection (1) or under section 9(6)— |
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(a) | may make provision generally or only for specified purposes, |
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(b) | may make different provision for different purposes, |
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(c) | shall be made by statutory instrument, and |
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(d) | shall be subject to annulment in pursuance of a resolution of either |
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(1) | For the purposes of section 5— |
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(a) | “person subject to immigration control” means a person who under the |
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Immigration Act 1971 (c. 77) requires leave to enter or remain in the |
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United Kingdom (whether or not such leave has been given), |
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(b) | “biometric information” means information about external physical |
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(c) | “external physical characteristics” includes, in particular— |
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(ii) | features of the iris or any other part of the eye, |
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(d) | “document” includes a card or sticker and any other method of |
| 35 |
recording information (whether in writing or by the use of electronic or |
| |
other technology or by a combination of methods), |
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(e) | “authorised person” has the meaning given by section 141(5) of the |
| |
Immigration and Asylum Act 1999 (authority to take fingerprints), |
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(f) | “immigration” includes asylum, and |
| 40 |
(g) | regulations permitting something to be done by the Secretary of State |
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may (but need not) permit it to be done only where the Secretary of |
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State is of a specified opinion. |
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|
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|
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|
(2) | An application for a biometric immigration document is an application in |
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connection with immigration for the purposes of— |
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(a) | section 50(1) and (2) of the Immigration, Asylum and Nationality Act |
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2006 (c. 13) (procedure), and |
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(b) | section 51 of that Act (fees); |
| 5 |
| and in the application of either of those sections to an application for a |
| |
biometric immigration document, the prescribed consequences of non- |
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compliance may include any of the consequences specified in section 7(2) |
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16 | Conditional leave to enter or remain |
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After section 3(1)(c)(iii) of the Immigration Act 1971 (c. 77) (limited leave to |
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enter or remain: conditions) insert— |
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“(iv) | a condition requiring him to report to an immigration |
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officer or the Secretary of State; and |
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(v) | a condition about residence.” |
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17 | Support for failed asylum-seekers |
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(1) | This section applies for the purposes of— |
| |
(a) | Part VI (and section 4) of the Immigration and Asylum Act 1999 (c. 33) |
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(support and accommodation for asylum-seekers), |
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(b) | Part 2 of the Nationality, Immigration and Asylum Act 2002 (c. 41) |
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(accommodation centres), and |
| |
(c) | Schedule 3 to that Act (withholding and withdrawal of support). |
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(2) | A person (A-S) remains (or again becomes) an asylum-seeker, despite the fact |
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that the claim for asylum made by A-S has been determined, during any period |
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(a) | A-S can bring an in-country appeal against an immigration decision |
| |
under section 82 of the 2002 Act or section 2 of the Special Immigration |
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Appeals Commission Act 1997 (c. 68), or |
| |
(b) | an in-country appeal, brought by A-S under either of those sections |
| 30 |
against an immigration decision, is pending (within the meaning of |
| |
section 104 of the 2002 Act). |
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(3) | For the purposes of subsection (2)— |
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(a) | “in-country” appeal means an appeal brought while the appellant is in |
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(b) | the possibility of an appeal out of time with permission shall be |
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(4) | This section shall be treated as always having had effect. |
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18 | Support for asylum-seekers: enforcement |
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In Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers) |
| 40 |
|
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|
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|
after section 109 (offences: supplemental) insert— |
| |
| |
An immigration officer may arrest without warrant a person whom the |
| |
immigration officer reasonably suspects has committed an offence |
| |
under section 105 or 106. |
| 5 |
109B | Entry, search and seizure |
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(1) | An offence under section 105 or 106 shall be treated as— |
| |
(a) | a relevant offence for the purposes of sections 28B and 28D of |
| |
the Immigration Act 1971 (c. 77) (search, entry and arrest), and |
| |
(b) | an offence under Part 3 of that Act (criminal proceedings) for |
| 10 |
the purposes of sections 28(4), 28E, 28G and 28H (search after |
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arrest, &c.) of that Act. |
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(2) | The following provisions of the Immigration Act 1971 shall have effect |
| |
in connection with an offence under section 105 or 106 of this Act as |
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they have effect in connection with an offence under that Act— |
| 15 |
(a) | section 28I (seized material: access and copying), |
| |
(b) | section 28J (search warrants: safeguards), |
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(c) | section 28K (execution of warrants), and |
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(d) | section 28L(1) (interpretation).” |
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19 | Points-based applications: no new evidence on appeal |
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(1) | For section 85(5) of the Nationality, Immigration and Asylum Act 2002 (c. 41) |
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(appeal: new evidence may be considered: exception) substitute— |
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“(5) | But subsection (4) is subject to the exceptions in section 85A.” |
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(2) | After section 85 of that Act insert— |
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“85A | Matters to be considered: new evidence: exceptions |
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(1) | This section sets out the exceptions mentioned in section 85(5). |
| |
(2) | Exception 1 is that in relation to an appeal under section 82(1) against |
| |
an immigration decision of a kind specified in section 82(2)(b) or (c) the |
| |
Tribunal may consider only the circumstances appertaining at the time |
| |
| 30 |
(3) | Exception 2 applies to an appeal under section 82(1) if— |
| |
(a) | the appeal is against an immigration decision of a kind specified |
| |
in section 82(2)(a) or (d), |
| |
(b) | the immigration decision concerned an application of a kind |
| |
identified in immigration rules as requiring to be considered |
| 35 |
under a “Points Based System”, and |
| |
(c) | the appeal relies wholly or partly on grounds specified in |
| |
section 84(1)(a), (e) or (f). |
| |
(4) | Where Exception 2 applies the Tribunal may consider evidence |
| |
adduced by the appellant only if it— |
| 40 |
(a) | was submitted in support of, and at the time of making, the |
| |
application to which the immigration decision related, |
| |
|
| |
|
| |
|
(b) | relates to the appeal in so far as it relies on grounds other than |
| |
those specified in subsection (3)(c), |
| |
(c) | is adduced to prove that a document is genuine or valid, or |
| |
(d) | is adduced in connection with the Secretary of State’s reliance |
| |
on a discretion under immigration rules, or compliance with a |
| 5 |
requirement of immigration rules, to refuse an application on |
| |
grounds not related to the acquisition of “points” under the |
| |
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(5) | Immigration rules may make provision about the circumstances in |
| |
which evidence is to be treated, or not treated, as submitted in support |
| 10 |
of, and at the time of making, an application.” |
| |
| |
| |
(1) | Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash) |
| |
shall apply in relation to an immigration officer as it applies in relation to a |
| 15 |
| |
| |
(a) | “unlawful conduct”, in or in relation to section 289, means an offence |
| |
under the Immigration Acts, |
| |
(b) | “unlawful conduct”, in or in relation to other provisions, means an |
| 20 |
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(i) | under the Immigration Acts, or |
| |
(ii) | listed in section 14(2) of the Asylum and Immigration |
| |
(Treatment of Claimants, etc.) Act 2004 (c. 19), |
| |
(c) | “senior officer” in section 290 means an official of the Secretary of State |
| 25 |
who is a civil servant of the rank of at least Assistant Director, |
| |
(d) | in section 292 the words “(in relation to England and Wales and |
| |
Northern Ireland)” shall be disregarded, |
| |
(e) | section 293 shall not apply, |
| |
(f) | an application for an order under section 295(2) must be made— |
| 30 |
(i) | in relation to England and Wales or Northern Ireland, by an |
| |
| |
(ii) | in relation to Scotland, by the Scottish Ministers in connection |
| |
with their functions under section 298 or by a procurator fiscal, |
| |
(g) | an application for forfeiture under section 298 must be made— |
| 35 |
(i) | in relation to England and Wales or Northern Ireland, by an |
| |
| |
(ii) | in relation to Scotland, by the Scottish Ministers, and |
| |
(h) | any compensation under section 302 shall be paid by the Secretary of State. |
| |
(3) | The Secretary of State may by order amend subsection (2)(c) to reflect a change |
| 40 |
in nomenclature; and an order— |
| |
(a) | shall be made by statutory instrument, and |
| |
(b) | shall be subject to annulment in pursuance of a resolution of either |
| |
| |
|
| |
|