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| | Schedule, as amended, Agreed to. |
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| Clause 44, page 23, line 19, after, ‘17’ insert ‘and section 27’. |
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| Clause 45, page 24, line 3, leave out ‘Sections 1 to 4 and 21’ and insert ‘Sections 1 |
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| to 4, 21 and 27(1) and (2)’. |
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| Clause 45, page 24, line 6, after ‘extend’, insert ‘(subject to subsection (3))’. |
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| Clause 45, page 24, line 10, leave out ‘But’. |
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| Clause 45, page 24, line 10, after ‘shall’, insert ‘(subject to subsection (1))’. |
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| | Clause, as amended, Agreed to. |
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| | Assaulting an immigration officer: offence |
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| To move the following Clause:— |
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| | ‘(1) | A person who assaults an immigration officer commits an offence. |
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| | (2) | A person guilty of an offence under this section shall be liable on summary |
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| | (a) | imprisonment for a period not exceeding 51 weeks, |
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| | (b) | a fine not exceeding level 5 on the standard scale, or |
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| | (3) | In the application of this section to Northern Ireland the reference in subsection |
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| | (2)(a) to 51 weeks shall be treated as a reference to 6 months. |
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| | (4) | In the application of this section to Scotland the reference in subsection (2)(a) to |
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| | 51 weeks shall be treated as a reference to 12 months. |
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| | (5) | In relation to an offence committed before the commencement of section 281(5) |
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| | of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) |
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| | the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to 6 |
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| | Assaulting an immigration officer: powers of arrest, &c. |
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| To move the following Clause:— |
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| | ‘(1) | An immigration officer may arrest a person without warrant if the officer |
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| | reasonably suspects that the person has committed or is about to commit an |
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| | offence under section [Assaulting an immigration officer: offence]. |
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| | (2) | An offence under section [Assaulting an immigration officer: offence] shall be |
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| | (a) | a relevant offence for the purposes of sections 28B and 28D of the |
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| | Immigration Act 1971 (c. 77) (search, entry and arrest), and |
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| | (b) | an offence under Part 3 of that Act (criminal proceedings) for the |
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| | purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) |
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| | (3) | The following provisions of the Immigration Act 1971 (c. 77) shall have effect in |
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| | connection with an offence under section [Assaulting an immigration officer: |
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| | offence] of this Act as they have effect in connection with an offence under that |
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| | (a) | section 28I (seized material: access and copying), |
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| | (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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| | Border and Immigration Inspectorate: Establishment |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall appoint a person as Chief Inspector of the Border and |
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| | (2) | The Chief Inspector shall monitor and report on the efficiency and effectiveness |
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| | of the Border and Immigration Agency; in particular, the Chief Inspector shall |
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5 | | consider and make recommendations about— |
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| | (a) | consistency of approach within the Border and Immigration Agency, |
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| | (b) | the practice and performance of the Border and Immigration Agency |
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| | compared to other persons doing similar things, |
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| | (c) | practice and procedure in making decisions, |
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10 | | (d) | the treatment of claimants and applicants, |
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| | (e) | certification under section 94 of the Nationality, Immigration and |
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| | Asylum Act 2002 (c. 41) (unfounded claim), |
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| | (f) | compliance with law about discrimination in the exercise of functions, |
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| | including reliance on section 19D of the Race Relations Act 1976 (c. 74) |
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15 | | (exception for immigration functions), |
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| | (g) | practice and procedure in relation to the exercise of enforcement powers |
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| | (including powers of arrest, entry, search and seizure), |
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| | (h) | the provision of information, |
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| | (i) | the handling of complaints, and |
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20 | | (j) | the content of information about conditions in countries outside the |
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| | United Kingdom which the Secretary of State compiles and makes |
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| | available, for purposes connected with immigration and asylum, to |
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| | immigration officers and other officials. |
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| | (3) | In this section “the Border and Immigration Agency” means— |
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25 | | (a) | immigration officers, and |
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| | (b) | other officials of the Secretary of State, and the Secretary of State, in |
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| | respect of functions relating to immigration, asylum or nationality. |
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| | (4) | The Chief Inspector shall not aim to investigate individual cases (although this |
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| | subsection does not prevent the Chief Inspector from considering or drawing |
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30 | | conclusions about an individual case for the purpose of, or in the context of, |
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| | considering a general issue).’. |
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| | As an Amendment to Mr Liam Byrne’s proposed New Clause (NC6) (Border and |
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| | Immigration Inspectorate: Establishment):— |
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| | Negatived on division (a) |
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| Leave out lines 28 to 31 and insert— |
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| | ‘(4) | The Chief Inspector shall have the power to investigate individual cases.’. |
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| | Border and Immigration Inspectorate: Chief Inspector: supplemental |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall pay remuneration and allowances to the Chief |
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| | (2) | The Secretary of State— |
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| | (a) | shall before the beginning of each financial year specify a maximum sum |
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| | which the Chief Inspector may spend on functions for that year, |
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| | (b) | may permit that to be exceeded for a specified purpose, and |
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| | (c) | shall defray the Chief Inspector’s expenditure for each financial year |
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| | subject to paragraphs (a) and (b). |
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| | (3) | The Chief Inspector shall hold and vacate office in accordance with terms of |
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| | appointment (which may include provision about retirement, resignation or |
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| | (4) | The Chief Inspector may appoint staff. |
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| | (5) | A person who is employed by or in any of the following may not be appointed as |
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| | (a) | a government department, |
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| | (b) | the Scottish Administration, |
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| | (c) | the National Assembly for Wales, and |
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| | (d) | a department in Northern Ireland.’. |
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| | Border and Immigration Inspectorate: Reports |
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| To move the following Clause:— |
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| | ‘(1) | The Chief Inspector shall report in writing to the Secretary of State— |
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| | (a) | once each calendar year, in relation to the performance of the functions |
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| | under section [Border and Immigration Inspectorate: Establishment] |
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5 | | (b) | at other times as requested by the Secretary of State in relation to |
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| | (2) | The Secretary of State shall lay before Parliament a copy of any report received |
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| | (3) | But a copy may omit material if the Secretary of State thinks that its publication— |
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10 | | (a) | is undesirable for reasons of national security, or |
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| | (b) | might jeopardise an individual’s safety.’. |
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| | As an Amendment to Mr Liam Byrne’s proposed New Clause (NC8) (Border and |
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| | Immigration Inspectorate: Reports):— |
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| | Negatived on division (a) |
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| Line 9, after ‘State’, insert ‘and the Information Commissioner’. |
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| | Border and Immigration Inspectorate: Plans |
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| To move the following Clause:— |
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| | ‘(1) | The Chief Inspector shall prepare plans describing the objectives and terms of |
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| | reference of proposed inspections. |
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| | (2) | Plans shall be prepared— |
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| | (a) | at prescribed times and in respect of prescribed periods, and |
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| | (b) | at such other times, and in respect of such other periods, as the Chief |
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| | Inspector thinks appropriate. |
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| | (a) | be in the prescribed form, and |
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| | (b) | contain the prescribed information. |
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| | (4) | In preparing a plan the Chief Inspector shall consult— |
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| | (a) | the Secretary of State, and |
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| | (5) | As soon as is reasonably practicable after preparing a plan the Chief Inspector |
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| | (a) | the Secretary of State, and |
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| | (b) | each prescribed person. |
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| | (6) | The Chief Inspector and a prescribed person may by agreement disapply a |
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| | (a) | to consult the person, or |
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| | (b) | to send a copy of a plan to the person. |
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| | (7) | Nothing in this section prevents the Chief Inspector from doing anything not |
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| | Border and Immigration Inspectorate: Relationship with other bodies: general |
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| To move the following Clause:— |
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| | ‘(1) | The Chief Inspector shall cooperate with prescribed persons in so far as the Chief |
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| | Inspector thinks it consistent with the efficient and effective performance of the |
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| | functions under section [Border and Immigration Inspectorate: Establishment]. |
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| | (2) | The Chief Inspector may act jointly with prescribed persons where the Chief |
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| | Inspector thinks it in the interests of the efficient and effective performance of the |
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| | functions under section [Border and Immigration Inspectorate: Establishment]. |
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| | (3) | The Chief Inspector may assist a prescribed person. |
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| | (4) | The Chief Inspector may delegate a specified aspect of the functions under |
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| | section [Border and Immigration Inspectorate: Establishment] to a prescribed |
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| | Border and Immigration Inspectorate: Relationship with other bodies: non-interference |
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| To move the following Clause:— |
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| | ‘(1) | Subsection (2) applies if the Chief Inspector believes that— |
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| | (a) | a prescribed person proposes to inspect any aspect of the work of the |
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| | Border and Immigration Agency, and |
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| | (b) | the inspection may impose an unreasonable burden on the Agency. |
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| | (2) | The Chief Inspector may give the prescribed person a notice prohibiting a |
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| | (3) | The prescribed person shall comply with the notice, unless the Secretary of State |
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| | cancels it on the grounds that the inspection would not impose an unreasonable |
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| | (a) | be in the prescribed form, and |
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| | (b) | contain the prescribed information. |
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| | (5) | The Secretary of State may by order make provision about— |
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| | (a) | the timing of notices; |
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| | (b) | the publication of notices; |
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| | (c) | the revision or withdrawal of notices.’. |
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| | Border and Immigration Inspectorate: Abolition of other bodies |
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| To move the following Clause:— |
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| | The following shall cease to have effect— |
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| | (a) | section 19E of the Race Relations Act 1976 (c. 74) (monitor of |
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| | (b) | section 34 of the Nationality, Immigration and Asylum Act 2002 (c. 41) |
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| | (Monitor of Accommodation Centres), |
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| | (c) | section 111 of that Act (monitor of certification of claims as unfounded), |
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| | (d) | section 142 of that Act (Advisory Panel on Country Information).’. |
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| | Border and Immigration Inspectorate: Prescribed matters |
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| To move the following Clause:— |
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| | ‘(1) | In sections [Border and Immigration Inspectorate: Establishment] to [Border |
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| | and Immigration Inspectorate: Relationship with other bodies: non-interference |
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| | notices] “prescribed” means prescribed by order of the Secretary of State. |
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| | (2) | An order under any of those sections— |
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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, and |
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| | (c) | may include incidental or transitional provision. |
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| | (3) | An order under any of those sections prescribing a person may specify— |
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| | (a) | one or more persons, or |
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| | (4) | An order under any of those sections— |
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| | (a) | shall be made by statutory instrument, and |
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| | (b) | shall be subject to annulment in pursuance of a resolution of either House |
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| | Senior President of Tribunals |
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| To move the following Clause:— |
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| | ‘(1) | At the end of section 43(3) of the Tribunals, Courts and Enforcement Act 2007 |
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| | (report by Senior President of Tribunals) add— |
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| | (e) | cases coming before the Asylum and Immigration Tribunal.” |
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| | (2) | In exercising the function under section 43 of the Tribunals, Courts and |
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| | Enforcement Act 2007 the Senior President of Tribunals shall have regard to— |
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| | (a) | the functions of the Chief Inspector of the Border and Immigration |
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| | (b) | in particular, the Secretary of State’s power to request the Chief Inspector |
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| | to report about specified matters.’. |
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| To move the following Clause:— |
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| | ‘(1) | Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act |
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| | 2004 (c. 19) (fees: power to set amount in excess of costs) is amended as follows. |
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| | (2) | In subsection (2) after paragraph (d) insert— |
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| | “(da) | an application or process in connection with sponsorship of |
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| | persons seeking leave to enter or remain in the United |
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