Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 10 — Policing
76

Parenting contracts and parenting orders
110
Parenting contracts and parenting orders: local authorities
(1)
Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is
amended as follows.
(2)
In section 29(1) (interpretation) in the definition of “local authority” for
5
paragraphs (b) and (c) substitute—
“(aa)
a district council in England;”.
(3)
In section 26B (parenting orders: registered social landlords)—
(a)
in subsection (8), after “the local authority” insert “(or, if subsection
(8A) applies, each local authority)”;
10
(b)
after that subsection insert—
“(8A)
This subsection applies if the place where the child or young
person resides or appears to reside is within the area of a county
council and within the area of a district council.”;
(c)
in subsection (10)(a), after “the local authority” insert “(or authorities)”.
15
(4)
In section 27 (parenting orders: supplemental) for subsection (3A) substitute—
“(3A)
Proceedings for an offence under section 9(7) of the 1998 Act (parenting
orders: breach of requirement etc.) as applied by subsection (3)(b)
above may be brought by any of the following local authorities—
(a)
the local authority that applied for the order, if the child or
20
young person, or the person alleged to be in breach, resides or
appears to reside in that authority’s area;
(b)
the local authority of the child or young person, if that child or
young person does not reside or appear to reside in the area of
the local authority that applied for the order;
25
(c)
the local authority of the person alleged to be in breach, if that
person does not reside or appear to reside in the area of the local
authority that applied for the order.
(3B)
For the purposes of subsection (3A)(b) and (c)—
(a)
an individual’s local authority is the local authority in whose
30
area the individual resides or appears to reside; but
(b)
if the place where an individual resides or appears to reside is
within the area of a county council and within the area of a
district council, a reference to that individual’s local authority is
to be read as a reference to either of those authorities.”
35
Part 10
Policing
Misconduct procedures etc.
111
Police misconduct and performance procedures
(1)
Part 1 of Schedule 19—
40
(a)
amends the Police Act 1996 (c. 16) to make provision for or in
connection with disciplinary and other proceedings in respect of the

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Part 10 — Policing
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conduct and performance of members of police forces and special
constables, and
(b)
makes other minor amendments to that Act.
(2)
Part 2 of that Schedule makes equivalent amendments to the Ministry of
Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence
5
Police.
(3)
Part 3 of that Schedule makes equivalent amendments to the Railways and
Transport Safety Act 2003 (c. 20) for the purposes of the British Transport
Police.
112
Investigation of complaints of police misconduct etc.
10
Schedule 20 amends Schedule 3 to the Police Reform Act 2002 (c. 30) to make
further provision about the investigation of complaints of police misconduct
and other matters.
Financial assistance
113
Financial assistance under section 57 of the Police Act 1996
15
(1)
After section 57(1) of the Police Act 1996 (c. 16) (common services: power for Secretary
of State to provide and maintain etc. organisations, facilities and services which
promote the efficiency or effectiveness of police) insert—
“(1A)
The power conferred by subsection (1) includes power to give financial
assistance to any person in connection with the provision or maintenance of
20
such organisations, facilities and services as are mentioned in that subsection.
(1B)
Financial assistance under subsection (1)—
(a)
may, in particular, be given in the form of a grant, loan or guarantee
or investment in a body corporate; and
(b)
may be given subject to terms and conditions determined by the
25
Secretary of State;

but any financial assistance under that subsection other than a grant requires
the consent of the Treasury.
(1C)
Terms and conditions imposed under subsection (1B)(b) may include terms
and conditions as to repayment with or without interest.
30
(1D)
Any sums received by the Secretary of State by virtue of terms and conditions
imposed under that subsection are to be paid into the Consolidated Fund.”
(2)
Any loan made by the Secretary of State by virtue of section 57 of the Police Act
1996 and outstanding on the day on which this Act is passed is to be treated as
if it were a loan made in accordance with that section as amended by
35
subsection (1) above.
Inspection
114
Inspection of police authorities
In section 54 of the Police Act 1996 (appointment and functions of inspectors of

Criminal Justice and Immigration Bill
Part 11 — Special immigration status
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constabulary) for subsection (2A) substitute—
“(2A)
The inspectors of constabulary may carry out an inspection of, and
report to the Secretary of State on, a police authority’s performance of
its functions or of any particular function or functions (including in
particular its compliance with the requirements of Part 1 of the Local
5
Government Act 1999 (best value)).”
Part 11
Special immigration status
115
Designation
(1)
The Secretary of State may designate a person who satisfies Condition 1 or 2
10
(subject to subsections (4) and (5)).
(2)
Condition 1 is that the person—
(a)
is a foreign criminal within the meaning of section 116, and
(b)
is liable to deportation, but cannot be removed from the United
Kingdom because of section 6 of the Human Rights Act 1998 (c. 42)
15
(public authority not to act contrary to Convention).
(3)
Condition 2 is that the person is a member of the family of a person who
satisfies Condition 1.
(4)
A person who has the right of abode in the United Kingdom may not be
designated.
20
(5)
The Secretary of State may not designate a person if the Secretary of State
thinks that an effect of designation would breach—
(a)
the United Kingdom’s obligations under the Refugee Convention, or
(b)
the person’s rights under the Community treaties.
116
“Foreign criminal”
25
(1)
For the purposes of section 115 “foreign criminal” means a person who—
(a)
is not a British citizen, and
(b)
satisfies any of the following Conditions.
(2)
Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality,
Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of
30
the Refugee Convention: imprisonment for at least two years).
(3)
Condition 2 is that—
(a)
section 72(4)(a) or (b) of that Act applies to the person (person convicted
of specified offence), and
(b)
the person has been sentenced to a period of imprisonment.
35
(4)
Condition 3 is that Article 1F of the Refugee Convention applies to the person
(exclusions for criminals etc.).
(5)
Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has
no effect in relation to Condition 1 or 2.
(6)
Section 72(7) of that Act (non-application pending appeal) has no effect in
40
relation to Condition 1 or 2.

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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.
10
(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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(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 etc.) 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—
20
(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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(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
20
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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Criminal Justice and Immigration Bill
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).
20
(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(4),
40
(c)
an order under section 50(2),