UK Borders Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

UK Borders Bill

UK Borders Bill
22

(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 39 of this Act.
(3)
But subsection (1) does not apply to a disclosure—
5
(a)
which is made for a purpose within section 39(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
10
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
20
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 39 of this
Act includes a reference to documents or articles supplied by virtue of
subsection (2) of that section.
25
(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 39(4)).
(8)
In subsection (4) “enactment” does not include—
(a)
an Act of the Scottish Parliament,
30
(b)
an Act of the Northern Ireland Assembly, or
(c)
an instrument made under an Act within paragraph (a) or (b).
41
Wrongful disclosure
(1)
An offence is committed by a person who contravenes section 40 by disclosing
information relating to a person whose identity—
35
(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).
40
(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.
5
(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
10
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).
15
(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.
20
42
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;
25
(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;
30
(c)
determining whether to make an order in respect of a person
under section 40 of the British Nationality Act 1981 (deprivation
of citizenship).”
43
Search for evidence of nationality
(1)
This section applies where an individual has been arrested on suspicion of the
35
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
40
(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—
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(a)
“senior officer” means—

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(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
5
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
10
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,
15
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
20
after arrest) insert—
“Entry and search for evidence of nationality after arrest
18A
Where a designation applies this paragraph to any person sections 43
and 44 of the UK Borders Act 2007 (entry, search and seizure after
arrest) shall apply to that person (with any necessary modifications)
25
as if a reference to a constable included a reference to that person.”
44
Seizure of nationality documents
(1)
An immigration officer or constable searching premises under section 43 may
seize a document which the officer or constable thinks is a nationality
document in relation to the arrested individual.
30
(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
40
(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.

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(5)
Section 21 of the Police and Criminal Evidence Act 1984 (c. 60) or Article 23 of
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.
5
Border and Immigration Inspectorate
45
Establishment
(1)
The Secretary of State shall appoint a person as Chief Inspector of the Border
and Immigration Agency.
(2)
The Chief Inspector shall monitor and report on the efficiency and
10
effectiveness of the Border and Immigration Agency; in particular, the Chief
Inspector shall consider and make recommendations about—
(a)
consistency of approach within the Border and Immigration Agency,
(b)
the practice and performance of the Border and Immigration Agency
compared to other persons doing similar things,
15
(c)
practice and procedure in making decisions,
(d)
the treatment of claimants and applicants,
(e)
certification under section 94 of the Nationality, Immigration and
Asylum Act 2002 (c. 41) (unfounded claim),
(f)
compliance with law about discrimination in the exercise of functions,
20
including reliance on section 19D of the Race Relations Act 1976 (c. 74)
(exception for immigration functions),
(g)
practice and procedure in relation to the exercise of enforcement
powers (including powers of arrest, entry, search and seizure),
(h)
the provision of information,
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(i)
the handling of complaints, and
(j)
the content of information about conditions in countries outside the
United Kingdom which the Secretary of State compiles and makes
available, for purposes connected with immigration and asylum, to
immigration officers and other officials.
30
(3)
In this section “the Border and Immigration Agency” means—
(a)
immigration officers, and
(b)
other officials of the Secretary of State, and the Secretary of State, in
respect of functions relating to immigration, asylum or nationality.
(4)
The Chief Inspector shall not aim to investigate individual cases (although this
35
subsection does not prevent the Chief Inspector from considering or drawing
conclusions about an individual case for the purpose of, or in the context of,
considering a general issue).
46
Chief Inspector: supplemental
(1)
The Secretary of State shall pay remuneration and allowances to the Chief
40
Inspector.
(2)
The Secretary of State—
(a)
shall before the beginning of each financial year specify a maximum
sum 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
(c)
shall defray the Chief Inspector’s expenditure for each financial year
subject to paragraphs (a) and (b).
(3)
The Chief Inspector shall hold and vacate office in accordance with terms of
appointment (which may include provision about retirement, resignation or
5
dismissal).
(4)
The Chief Inspector may appoint staff.
(5)
A person who is employed by or in any of the following may not be appointed
as Chief Inspector—
(a)
a government department,
10
(b)
the Scottish Administration,
(c)
the National Assembly for Wales, and
(d)
a department in Northern Ireland.
47
Reports
(1)
The Chief Inspector shall report in writing to the Secretary of State—
15
(a)
once each calendar year, in relation to the performance of the functions
under section 45 generally, and
(b)
at other times as requested by the Secretary of State in relation to
specified matters.
(2)
The Secretary of State shall lay before Parliament a copy of any report received
20
under subsection (1).
(3)
But a copy may omit material if the Secretary of State thinks that its
publication—
(a)
is undesirable for reasons of national security, or
(b)
might jeopardise an individual’s safety.
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48
Plans
(1)
The Chief Inspector shall prepare plans describing the objectives and terms of
reference of proposed inspections.
(2)
Plans shall be prepared—
(a)
at prescribed times and in respect of prescribed periods, and
30
(b)
at such other times, and in respect of such other periods, as the Chief
Inspector thinks appropriate.
(3)
A plan must—
(a)
be in the prescribed form, and
(b)
contain the prescribed information.
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(4)
In preparing a plan the Chief Inspector shall consult—
(a)
the Secretary of State, and
(b)
prescribed persons.
(5)
As soon as is reasonably practicable after preparing a plan the Chief Inspector
shall send a copy to—
40
(a)
the Secretary of State, and
(b)
each prescribed person.

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(6)
The Chief Inspector and a prescribed person may by agreement disapply a
requirement—
(a)
to consult the person, or
(b)
to send a copy of a plan to the person.
(7)
Nothing in this section prevents the Chief Inspector from doing anything not
5
mentioned in a plan.
49
Relationship with other bodies: general
(1)
The Chief Inspector shall cooperate with prescribed persons in so far as the
Chief Inspector thinks it consistent with the efficient and effective performance
of the functions under section 45.
10
(2)
The Chief Inspector may act jointly with prescribed persons where the Chief
Inspector thinks it in the interests of the efficient and effective performance of
the functions under section 45.
(3)
The Chief Inspector may assist a prescribed person.
(4)
The Chief Inspector may delegate a specified aspect of the functions under
15
section 45 to a prescribed person.
50
Relationship with other bodies: non-interference notices
(1)
Subsection (2) applies if the Chief Inspector believes that—
(a)
a prescribed person proposes to inspect any aspect of the work of the
Border and Immigration Agency, and
20
(b)
the inspection may impose an unreasonable burden on the Agency.
(2)
The Chief Inspector may give the prescribed person a notice prohibiting a
specified inspection.
(3)
The prescribed person shall comply with the notice, unless the Secretary of
State cancels it on the grounds that the inspection would not impose an
25
unreasonable burden on the Agency.
(4)
A notice must—
(a)
be in the prescribed form, and
(b)
contain the prescribed information.
(5)
The Secretary of State may by order make provision about—
30
(a)
the timing of notices;
(b)
the publication of notices;
(c)
the revision or withdrawal of notices.
51
Abolition of other bodies
The following shall cease to have effect—
35
(a)
section 19E of the Race Relations Act 1976 (c. 74) (monitor of
immigration exception),
(b)
section 34 of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(Monitor of Accommodation Centres),
(c)
section 111 of that Act (monitor of certification of claims as unfounded),
40
and

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(d)
section 142 of that Act (Advisory Panel on Country Information).
52
Prescribed matters
(1)
In sections 45 to 50 “prescribed” means prescribed by order of the Secretary of
State.
(2)
An order under any of those sections—
5
(a)
may make provision generally or only for specified purposes,
(b)
may make different provision for different purposes, and
(c)
may include incidental or transitional provision.
(3)
An order under any of those sections prescribing a person may specify—
(a)
one or more persons, or
10
(b)
a class of person.
(4)
An order under any of those sections—
(a)
shall be made by statutory instrument, and
(b)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
15
53
Senior President of Tribunals
(1)
At the end of section 43(3) of the Tribunals, Courts and Enforcement Act 2007
(report by Senior President of Tribunals) add—

“, and
(e)
cases coming before the Asylum and Immigration Tribunal.”
20
(2)
In exercising the function under section 43 of the Tribunals, Courts and
Enforcement Act 2007 the Senior President of Tribunals shall have regard to—
(a)
the functions of the Chief Inspector of the Border and Immigration
Agency, and
(b)
in particular, the Secretary of State’s power to request the Chief
25
Inspector to report about specified matters.
General
54
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,
30
and
(b)
any increase attributable to this Act in sums payable out of money
provided by Parliament under another enactment.
55
Repeals
The enactments listed in the Schedule are repealed to the extent specified.
35
56
Commencement
(1)
Section 17 comes into force on the day on which this Act is passed.