Criminal Justice and Immigration Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 11 — Special immigration status
78

117
Effect of designation
(1)
A designated person does not have leave to enter or remain in the United
Kingdom.
(2)
For the purposes of a provision of the Immigration Acts and any other
enactment which concerns or refers to immigration or nationality (including
5
any provision which applies or refers to a provision of the Immigration Acts or
any other enactment about immigration or nationality) a designated person—
(a)
is a person subject to immigration control,
(b)
is not to be treated as an asylum-seeker or a former asylum-seeker, and
(c)
is not in the United Kingdom in breach of the immigration laws.
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(3)
Despite subsection (2)(c), time spent in the United Kingdom as a designated
person may not be relied on by a person for the purpose of an enactment about
nationality.
(4)
A designated person—
(a)
shall not be deemed to have been given leave in accordance with
15
paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of
leave or refusal), and
(b)
may not be granted temporary admission to the United Kingdom
under paragraph 21 of that Schedule.
(5)
Sections 119 and 120 make provision about support for designated persons and
20
their dependants.
118
Conditions
(1)
The Secretary of State or an immigration officer may by notice in writing
impose a condition on a designated person.
(2)
A condition may relate to—
25
(a)
residence,
(b)
employment or occupation, or
(c)
reporting to the police, the Secretary of State or an immigration officer.
(3)
Section 36 of the Asylum and Immigration (Treatment of Claimants, etc.) Act
2004 (c. 19) (electronic monitoring) shall apply in relation to conditions
30
imposed under this section as it applies to restrictions imposed under
paragraph 21 of Schedule 2 to the Immigration Act 1971 (with a reference to the
Immigration Acts being treated as including a reference to this section).
(4)
Section 69 of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(reporting restrictions: travel expenses) shall apply in relation to conditions
35
imposed under subsection (2)(c) above as it applies to restrictions imposed
under paragraph 21 of Schedule 2 to the Immigration Act 1971.
(5)
A person who without reasonable excuse fails to comply with a condition
imposed under this section commits an offence.
(6)
A person who is guilty of an offence under subsection (5) shall be liable on
40
summary conviction to—
(a)
a fine not exceeding level 5 on the standard scale,
(b)
imprisonment for a period not exceeding 51 weeks, or
(c)
both.

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Part 11 — Special immigration status
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(7)
A provision of the Immigration Act 1971 (c. 77) which applies in relation to an
offence under any provision of section 24(1) of that Act (illegal entry, &c.) shall
also apply in relation to the offence under subsection (5) above.
(8)
In the application of this section to Scotland or Northern Ireland the reference
in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.
5
119
Support
(1)
Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-
seekers) shall apply in relation to designated persons and their dependants as
it applies in relation to asylum-seekers and their dependants.
(2)
But the following provisions of that Part shall not apply—
10
(a)
section 96 (kinds of support),
(b)
section 97(1)(b) (desirability of providing accommodation in well-
supplied area),
(c)
section 100 (duty to co-operate in providing accommodation),
(d)
section 101 (reception zones),
15
(e)
section 108 (failure of sponsor to maintain),
(f)
section 111 (grants to voluntary organisations), and
(g)
section 113 (recovery of expenditure from sponsor).
(3)
Support may be provided under section 95 of the 1999 Act as applied by this
section—
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(a)
by providing accommodation appearing to the Secretary of State to be
adequate for a person’s needs;
(b)
by providing what appear to the Secretary of State to be essential living
needs;
(c)
in other ways which the Secretary of State thinks necessary to reflect
25
exceptional circumstances of a particular case.
(4)
Support by virtue of subsection (3) may not be provided wholly or mainly by
way of cash unless the Secretary of State thinks it appropriate because of
exceptional circumstances.
(5)
Section 4 of the 1999 Act (accommodation) shall not apply in relation to
30
designated persons.
(6)
A designated person shall not be treated—
(a)
as a person subject to immigration control, for the purposes of section
119(1)(b) of the 1999 Act (homelessness: Scotland and Northern
Ireland), or
35
(b)
as a person from abroad who is not eligible for housing assistance, for
the purposes of section 185(4) of the Housing Act 1996 (c. 52) (housing
assistance).
120
Support: supplemental
(1)
A reference in an enactment to Part VI of the 1999 Act or to a provision of that
40
Part includes a reference to that Part or provision as applied by section 119
above; and for that purpose—
(a)
a reference to section 96 shall be treated as including a reference to
section 119(3) above,

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Part 11 — Special immigration status
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(b)
a reference to a provision of section 96 shall be treated as including a
reference to the corresponding provision of section 119(3), and
(c)
a reference to asylum-seekers shall be treated as including a reference
to designated persons.
(2)
A provision of Part VI of the 1999 Act which requires or permits the Secretary
5
of State to have regard to the temporary nature of support shall be treated, in
the application of Part VI by virtue of section 119 above, as requiring the
Secretary of State to have regard to the nature and circumstances of support by
virtue of that section.
(3)
Rules under section 104 of the 1999 Act (appeals) shall have effect for the
10
purposes of Part VI of that Act as it applies by virtue of section 119 above.
(4)
Any other instrument under Part VI of the 1999 Act—
(a)
may make provision in respect of that Part as it applies by virtue of
section 119 above, as it applies otherwise than by virtue of that section,
or both, and
15
(b)
may make different provision for that Part as it applies by virtue of
section 119 above and as it applies otherwise than by virtue of that
section.
(5)
In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations:
notice to quit accommodation) the reference in paragraph (2)(b) to the
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determination of a claim for asylum shall be treated as a reference to ceasing to
be a designated person.
(6)
The Secretary of State may by order repeal, modify or disapply (to any extent)
section 119(4).
(7)
An order under section 10 of the Human Rights Act 1998 (c. 42) (power to
25
remedy incompatibility) which amends a provision mentioned in subsection
(6) of section 119 above may amend or repeal that subsection.
121
End of designation
(1)
Designation lapses if the designated person—
(a)
is granted leave to enter or remain in the United Kingdom,
30
(b)
is notified by the Secretary of State or an immigration officer of a right
of residence in the United Kingdom by virtue of the Community
treaties,
(c)
leaves the United Kingdom, or
(d)
is made the subject of a deportation order under section 5 of the
35
Immigration Act 1971 (c. 77).
(2)
After designation lapses support may not be provided by virtue of section 119,
subject to the following exceptions.
(3)
Exception 1 is that, if designation lapses under subsection (1)(a) or (b), support
may be provided in respect of a period which—
40
(a)
begins when the designation lapses, and
(b)
ends on a date determined in accordance with an order of the Secretary
of State.
(4)
Exception 2 is that, if designation lapses under subsection (1)(d), support may
be provided in respect of—
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Part 12 — General
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(a)
any period during which an appeal against the deportation order may
be brought (ignoring any possibility of an appeal out of time with
permission),
(b)
any period during which an appeal against the deportation order is
pending, and
5
(c)
after an appeal ceases to be pending, such period as the Secretary of
State may specify by order.
122
Interpretation: general
(1)
This section applies to sections 115 to 121.
(2)
A reference to a designated person is a reference to a person designated under
10
section 115.
(3)
“Family” shall be construed in accordance with section 5(4) of the Immigration
Act 1971 (c. 77) (deportation: definition of “family”).
(4)
“Right of abode in the United Kingdom” has the meaning given by section 2 of
that Act.
15
(5)
“The Refugee Convention” means the Convention relating to the Status of
Refugees done at Geneva on 28th July 1951 and its Protocol.
(6)
“Period of imprisonment” shall be construed in accordance with section
72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002
(c. 41).
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(7)
A voucher is not cash.
(8)
A reference to a pending appeal has the meaning given by section 104(1) of that
Act.
(9)
A reference in an enactment to the Immigration Acts includes a reference to
sections 115 to 121.
25
Part 12
General
123
Orders and regulations
(1)
Orders or regulations made by the Secretary of State or the Lord Chancellor
under this Act are to be made by statutory instrument.
30
(2)
Any such orders or regulations—
(a)
may make provision generally or only for specified cases or
circumstances;
(b)
may make different provision for different cases, circumstances or
areas;
35
(c)
may make incidental, supplementary, consequential, transitional,
transitory or saving provision.
(3)
A statutory instrument containing—
(a)
an order under section 4(3),
(b)
an order under section 30(3),
40
(c)
an order under section 50(2),

Criminal Justice and Immigration Bill
Part 12 — General
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(d)
an order under section 51(1), (3) or (5),
(e)
an order under section 52,
(f)
an order under section 80(3)(b) which amends or repeals any provision
of an Act,
(g)
regulations under section 94,
5
(h)
an order under section 120(6),
(i)
an order under section 124(3) which amends or repeals any provision
of an Act,
(j)
an order under paragraph 26 or 34 of Schedule 1,
(k)
an order under paragraph 25 of Schedule 2, or
10
(l)
an order under paragraph 6 of Schedule 5,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(4)
A statutory instrument containing any other order or regulations under this
Act other than—
15
(a)
an order under section 128,
(b)
an order under paragraph 25(5) of Schedule 1, or
(c)
an Order in Council under paragraph 9 of Schedule 15,

is subject to annulment in pursuance of a resolution of either House of
Parliament.
20
(5)
An order under section 128(4) is to be made by statutory rule for the purposes
of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
124
Consequential etc. amendments and transitional and saving provision
(1)
Schedule 21 contains minor and consequential amendments.
(2)
Schedule 22 contains transitory, transitional and saving provisions.
25
(3)
The Secretary of State may by order make—
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,

as the Secretary of State considers appropriate for the general purposes, or any
particular purposes, of this Act, or in consequence of, or for giving full effect
30
to, any provision made by this Act.
(4)
An order under subsection (3) may, in particular—
(a)
provide for any provision of this Act which comes into force before
another provision has come into force to have effect, until that other
provision has come into force, with specified modifications, and
35
(b)
amend, repeal or revoke any provision of—
(i)
any Act (including this Act and any Act passed in the same
Session as this Act);
(ii)
subordinate legislation made before the passing of this Act;
(iii)
Northern Ireland legislation; and
40
(iv)
any instrument made, before the passing of this Act, under
Northern Ireland legislation.
(5)
Nothing in this section limits the power under section 128(6) to include
provision for transitory, transitional or saving purposes in an order under that
section.
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(6)
The amendments that may be made by virtue of subsection (4)(b) are in
addition to those made by or which may be made under any other provision of
this Act.
(7)
In this section “subordinate legislation” has the same meaning as in the
Interpretation Act 1978 (c. 30).
5
125
Repeals and revocations
Schedule 23 contains repeals and revocations, including repeals of spent
enactments.
126
Financial provisions
There is to be paid out of money provided by Parliament—
10
(a)
any expenditure incurred by virtue of this Act by a Minister of the Crown; and
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
127
Extent
(1)
Subject as follows, this Act extends to England and Wales only.
15
(2)
The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—
(a)
Part 4 so far as relating to—
(i)
complaints about matters mentioned in paragraphs 6 and 7 of
Schedule 7;
20
(ii)
requests under section 37 which are made by virtue of
subsection (3) of that section and specify matters relating to
events which have (or may have) occurred as mentioned in
paragraph (g) or (h) of that subsection; or
(iii)
requests under section 37 which are made by virtue of
25
subsection (4) of that section and specify matters which the
Secretary of State considers are (or may be) linked to such
events;
(b)
Part 11;
(c)
this Part (subject to subsection (5)).
30
(3)
The following provisions of this Act extend to England and Wales and
Northern Ireland—
(a)
section 3 and Schedule 3;
(b)
section 23(3) and (6)(d) and paragraph 7 of Schedule 5;
(c)
Part 4 so far as relating to deaths falling within paragraphs 4 to 6 of
35
Schedule 8;
(d)
sections 62 to 67;
(e)
paragraph 7(4) of Schedule 21.
(4)
The following provisions of this Act extend to Northern Ireland only—
(a)
section 69;
40
(b)
section 107 and Schedule 18.

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(5)
Except as otherwise provided by this Act, an amendment or repeal of any
enactment by any provision of this Act extends to the part or parts of the
United Kingdom to which the enactment extends.
128
Commencement
(1)
The following provisions of this Act come into force on the day on which this
5
Act is passed—
(a)
section 56, Schedule 13, paragraph 17 of Schedule 21 and the repeals in
Part 3 of Schedule 23 relating to—
(i)
paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act
2003 (c. 44), and
10
(ii)
Part 4 of Schedule 37 to that Act;
(b)
section 113;
(c)
section 123;
(d)
section 124(3) to (7);
(e)
sections 126 and 127;
15
(f)
this section;
(g)
section 129.
(2)
The following provisions of this Act come into force at the end of the period of
2 months beginning with the day on which it is passed—
(a)
section 63 and the related repeal in Part 3 of Schedule 23;
20
(b)
section 68 and paragraph 5 of Schedule 21;
(c)
section 69 and paragraph 6 of Schedule 21.
(3)
The following provisions come into force on such day as the Lord Chancellor
may by order appoint—
(a)
section 12;
25
(b)
section 25;
(c)
sections 59 to 61;
(d)
sections 76 to 81 and Schedule 16.
(4)
Section 107 and Schedule 18 come into force on such day as the Department of
Health, Social Services and Public Safety may by order appoint.
30
(5)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
(6)
An order under any of subsections (3) to (5) may—
(a)
appoint different days for different purposes and in relation to different
areas;
35
(b)
make such provision as the person making the order considers
necessary or expedient for transitory, transitional or saving purposes in
connection with the coming into force of any provision falling within
that subsection.
129
Short title
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This Act may be cited as the Criminal Justice and Immigration Act 2007.