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[The page and line references are to HL Bill 68, the bill as first printed for the Lords.] |
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1 | Page 3, line 37, leave out paragraphs (g) and (h) |
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2 | Page 4, line 4, at end insert “connected with immigration or nationality” |
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3 | Page 4, line 4, at end insert— |
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| | “(2A) | Regulations under subsection (1)(a) may permit the Secretary of State to |
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| | cancel a biometric immigration document— |
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| | (a) | if the Secretary of State thinks that information provided in |
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| | connection with the document was or has become false, misleading |
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| | (b) | if the Secretary of State thinks that the document has been lost or |
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| | (c) | if the Secretary of State thinks that the document (including any |
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| | information recorded in it) has been altered, damaged or destroyed |
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| | (whether deliberately or not), |
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| | (d) | if the Secretary of State thinks that an attempt has been made |
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| | (whether successfully or not) to copy the document or to do |
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| | anything to enable it to be copied, |
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| | (e) | if the Secretary of State thinks that a person has failed to surrender |
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| | the document in accordance with subsection (2)(i) or (j), |
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| | (f) | if the Secretary of State thinks that the document should be re- |
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| | issued (whether because the information recorded in it requires |
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| | alteration or for any other reason), |
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| | (g) | if the Secretary of State thinks that the holder is to be given leave to |
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| | enter or remain in the United Kingdom, |
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| | (h) | if the Secretary of State thinks that the holder’s leave to enter or |
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| | remain in the United Kingdom is to be varied, cancelled or |
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| | (i) | if the Secretary of State thinks that the holder has died, |
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| | (j) | if the Secretary of State thinks that the holder has been removed |
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| | from the United Kingdom (whether by deportation or otherwise), |
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| | (k) | if the Secretary of State thinks that the holder has left the United |
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| | Kingdom without retaining leave to enter or remain, and |
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| | (l) | in such other circumstances as the regulations may specify. |
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| | (2B) | Regulations under subsection (1)(a) may require notification to be given to |
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| | the Secretary of State by the holder of a biometric immigration document— |
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| | (a) | who knows or suspects that the document has been lost or stolen, |
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| | (b) | who knows or suspects that the document has been altered or |
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| | damaged (whether deliberately or not), |
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| | (c) | who knows or suspects that information provided in connection |
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| | with the document was or has become false, misleading or |
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| | (d) | who was given leave to enter or remain in the United Kingdom in |
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| | accordance with a provision of rules under section 3 of the |
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| | Immigration Act 1971 (c. 77) (immigration rules) and knows or |
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| | suspects that owing to a change of the holder’s circumstances the |
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| | holder would no longer qualify for leave under that provision, or |
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| | (e) | in such other circumstances as the regulations may specify.” |
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4 | Page 4, line 19, leave out paragraphs (e) and (f) |
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5 | Page 4, line 32, leave out “(3)(a), (b), (e) or (f)” and insert “(3)(a) or (b)” |
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6 | Page 4, line 33, leave out “(immigration rules)” |
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7 | Page 5, line 33, at end insert— |
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| | “(3) | The regulations may also permit the Secretary of State to designate an adult |
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| | as the person responsible for ensuring that a child complies with |
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| | requirements of the regulations; and for that purpose— |
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| | (a) | “adult” means an individual who has attained the age of 18, |
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| | (b) | “child” means an individual who has not attained the age of 18, and |
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| | (c) | sections 9 to 13 shall apply (with any necessary modifications) to a |
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| | designated adult’s failure to ensure compliance by a child with a |
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| | requirement of regulations as they apply to a person’s own failure |
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| | to comply with a requirement.” |
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8 | Page 5, line 38, leave out from “information” to end of line 39 and insert— |
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| | “(a) | in connection with the exercise of a function by virtue of the |
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| | (b) | in connection with control of the United Kingdom’s borders, |
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| | (c) | in connection with the exercise of a function in relation to |
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| | (d) | in connection with the prevention, investigation or prosecution of |
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| | (e) | for a purpose which appears to the Secretary of State to be required |
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| | in order to protect national security, and |
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| | (f) | for such other purposes (whether in connection with functions |
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| | under an enactment or otherwise) as the regulations may specify.” |
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9 | Page 5, line 41, after “of” insert “biometric” |
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10 | Page 5, line 41, after “information” insert “held by the Secretary of State having |
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11 | Page 5, line 43, leave out from “regulations,” to end of line 44 |
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12 | Page 6, line 1, after “of” insert “biometric” |
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13 | Page 6, line 1, after “information” insert “held by the Secretary of State” |
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14 | Page 6, line 4, leave out from “above,” to “and” in line 5 |
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15 | Page 6, line 6, after “must” insert “, in particular,” |
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16 | Page 8, line 33, at end insert— |
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| | “(3) | But the first order under section 13(6) shall not be made unless a draft has |
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| | been laid before and approved by resolution of each House of Parliament |
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| | (and shall not be subject to annulment).” |
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17 | Page 11, leave out lines 28 to 30 |
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18 | Page 11, line 30, at end insert— |
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| | “(3) | In section 106(2) of that Act after paragraph (u) insert— |
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| | “(ua) | may make provision, for the purposes of section 85A(4)(a), |
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| | about the circumstances in which evidence is to be treated, |
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| | or not treated, as submitted in support of, and at the time of |
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| | making, an application;”.” |
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19 | Insert the following new Clause— |
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| | (1) | The Secretary of State shall issue a code of practice designed to ensure that |
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| | in exercising functions in the United Kingdom the Border and Immigration |
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| | Agency takes appropriate steps to ensure that while children are in the |
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| | United Kingdom they are safe from harm. |
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| | (a) | have regard to the code in the exercise of its functions, and |
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| | (b) | take appropriate steps to ensure that persons with whom it makes |
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| | arrangements for the provision of services have regard to the code. |
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| | (3) | The code shall come into force in accordance with provision made by order |
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| | of the Secretary of State; and an order— |
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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 |
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| | (4) | The Secretary of State shall from time to time review and, if necessary, |
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| | revise the code; and subsection (3) applies to a revision as to the original |
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| | (a) | “the Border and Immigration Agency” means— |
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| | (i) | immigration officers, and |
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| | (ii) | other officials of the Secretary of State, and the Secretary of |
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| | State, in respect of functions relating to immigration, |
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| | asylum or nationality, and |
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| | (b) | “child” means an individual who is less than 18 years old.” |
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