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Borders, Citizenship and Immigration Bill [HL]


Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions

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(e)   

references in those orders to a designated office of Revenue and

Customs are to be read as references to a designated office of the UK

Border Agency;

(f)   

references in those orders to a relevant indictable offence are to be read

as references to an indictable offence that relates to a general customs

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matter or a customs revenue matter;

(g)   

references in those orders to a relevant investigation are to be read as

references to a criminal investigation conducted by a designated

customs official that relates to a general customs matter or a customs

revenue matter;

10

(h)   

references in those orders to a person being in Revenue and Customs

detention are to be read as references to a person being in UK Border

Agency detention;

(i)   

references in those orders to an officer of Revenue and Customs of at

least the grade of officer are to be read as references to a designated

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customs official of at least the grade of immigration officer or executive

officer;

(j)   

references in those orders to an officer of Revenue and Customs of at

least the grade of higher officer are to be read as references to a

designated customs official of at least the grade of chief immigration

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officer or higher executive officer;

(k)   

references in those orders to an officer of Revenue and Customs of at

least the grade of senior officer are to be read as references to a

designated customs official of at least the grade of immigration

inspector or senior executive officer;

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(l)   

any other references in those orders to an officer of Revenue and

Customs occupying a specified post or grade are to be read as

references to the Secretary of State.

(4)   

For the purposes of this section—

(a)   

a person is in UK Border Agency detention if—

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(i)   

the person has been taken to an office of the UK Border Agency

after being arrested for an offence, or

(ii)   

the person is arrested at an office of the UK Border Agency after

attending voluntarily at the office or accompanying a

designated customs official to it,

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and is detained there or is detained elsewhere in the charge of a

designated customs official, and

(b)   

“office of the UK Border Agency” means premises wholly or partly

occupied by designated customs officials.

(5)   

This section does not apply to the following provisions of the PACE orders—

40

(a)   

in article 2(1) of the Police and Criminal Evidence Act 1984 (Application

to Revenue and Customs) Order 2007 (S.I. 2007/3175), the definitions

of “the Commissioners”, “office of Revenue and Customs”, “relevant

indictable offence” and “relevant investigation”;

(b)   

article 2(2) of that order (Revenue and Customs detention);

45

(c)   

article 7 of that order (restriction on other powers to apply for

production of documents);

(d)   

article 19 of that order (authorisation);

(e)   

in article 2(1) of the Police and Criminal Evidence (Application to

Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464),

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Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions

17

 

the definitions of “the Commissioners”, “office of Revenue and

Customs”, “relevant indictable offence” and “relevant investigation”;

(f)   

article 2(2) of that order (Revenue and Customs detention);

(g)   

article 7 of that order (restriction on other powers to apply for

production of documents);

5

(h)   

article 15 of that order (authorisation).

(6)   

A person may be transferred—

(a)   

between UK Border Agency detention and Revenue and Customs

detention;

(b)   

between Revenue and Customs detention and UK Border Agency

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detention;

(c)   

between UK Border Agency detention and police detention;

(d)   

between police detention and UK Border Agency detention.

(7)   

The references to police detention in subsection (6)—

(a)   

in relation to England and Wales, are to be construed in accordance

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with the Police and Criminal Evidence Act 1984 (c. 60);

(b)   

in relation to Northern Ireland, are to be construed in accordance with

the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I.

1989/1341 (N.I. 12)).

(8)   

Expressions used in this section that are defined in a PACE order have the

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same meaning as in that PACE order.

(9)   

This section does not affect the generality of sections 1(4), 3(5), 7(5) and 11(4)

(construction of statutory etc. references to the Commissioners for Her

Majesty’s Revenue and Customs, officers of Revenue and Customs and Her

Majesty’s Revenue and Customs).

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23      

Investigations and detention: England and Wales and Northern Ireland

(1)   

The Secretary of State may by order provide for any provision of an enactment

listed in subsection (2) that relates to investigations of offences conducted by

police officers or to persons detained by the police to apply, subject to such

modifications as the order may specify, in relation to—

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(a)   

investigations conducted by designated customs officials,

(b)   

persons detained by designated customs officials,

(c)   

investigations conducted by immigration officers, or

(d)   

persons detained by immigration officers.

(2)   

Those enactments are—

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(a)   

the Police and Criminal Evidence Act 1984, and

(b)   

the Police and Criminal Evidence (Northern Ireland) Order 1989.

(3)   

An order under this section may make, in relation to designated customs

officials, immigration officers, the Secretary of State or the Director of Border

Revenue, provision similar to that which may be made in relation to officers of

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Revenue and Customs or the Commissioners for Her Majesty’s Revenue and

Customs under—

(a)   

section 114 of the Police and Criminal Evidence Act 1984, or

(b)   

article 85 of the Police and Criminal Evidence (Northern Ireland) Order

1989.

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Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions

18

 

(4)   

If an order under this section provides that a function may be exercised only

by a person acting with the authority of the Secretary of State or the Director of

Border Revenue, a certificate of the Secretary of State or (as the case may be) the

Director that the person had authority to exercise the function is conclusive

evidence of that fact.

5

(5)   

An order under this section may amend or repeal section 22 (application of the

PACE orders).

24      

Investigations and detention: Scotland

(1)   

After section 26B of the Criminal Law (Consolidation) (Scotland) Act 1995

(c. 39) insert—

10

“26C    

Investigations by designated customs officials

(1)   

In the application of this Part of this Act to investigations conducted by

designated customs officials—

(a)   

references to an officer are to a designated customs official;

(b)   

references to an authorised officer are to a designated customs

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official acting with the authority (which may be general or

specific) of—

(i)   

the Secretary of State in relation to investigations

relating to general customs matters, or

(ii)   

the Director of Border Revenue in relation to

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investigations relating to customs revenue matters;

(c)   

references to the Commissioners for Her Majesty’s Revenue

and Customs are to—

(i)   

the Secretary of State in relation to investigations

relating to general customs matters, or

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(ii)   

the Director of Border Revenue in relation to

investigations relating to customs revenue matters;

(d)   

references to an office of Revenue and Customs are to premises

wholly or partly occupied by designated customs officials;

(e)   

references to a superior officer are to—

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(i)   

an immigration officer not below the grade of Inspector,

(ii)   

a person of the grade of Senior Executive Officer, or

(iii)   

a person of a grade equivalent to that within sub-

paragraph (i) or (ii).

(2)   

In this section “customs revenue matter”, “designated customs official”

35

and “general customs matter” have the meanings given by Part 1 of the

Borders, Citizenship and Immigration Act 2009.”

(2)   

The amendment made by this section does not affect the generality of sections

1(4), 3(5), 7(5) and 11(4) (construction of statutory etc. references to the

Commissioners for Her Majesty’s Revenue and Customs, officers of Revenue

40

and Customs and Her Majesty’s Revenue and Customs).

25      

Short-term holding facilities

In section 147 of the Immigration and Asylum Act 1999 (c. 33) (removal centres

and detained persons: interpretation), in the definition of “short-term holding

facility”—

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Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions

19

 

(a)   

omit “solely”, and

(b)   

at the end insert “(whether or not it is also used for the detention of

other persons for any period).”

Transfer of property etc.

26      

Transfer schemes

5

(1)   

The Commissioners for Her Majesty’s Revenue and Customs may make one or

more schemes for the transfer of specified property, rights or liabilities or

property, rights or liabilities of a specified description between—

(a)   

the Commissioners or officers of Revenue and Customs, and

(b)   

the Secretary of State, the Director of Border Revenue or designated

10

customs officials.

(2)   

A scheme under subsection (1) may, in particular—

(a)   

create interests or rights, or impose liabilities, in relation to property,

rights or liabilities transferred by virtue of the scheme or retained by a

transferor;

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(b)   

apportion property, rights or liabilities between a transferor and a

transferee.

(3)   

A scheme under subsection (1) may—

(a)   

provide for anything done by or in relation to a transferor in connection

with anything transferred to have effect as if done by or in relation to a

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transferee;

(b)   

permit anything (including any legal proceedings) relating to anything

transferred by the scheme which is in the process of being done by or

in relation to a transferor when the transfer takes effect to be continued

by or in relation to a transferee;

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(c)   

provide for references to a transferor in an agreement (whether written

or not), instrument or other document relating to anything transferred

by the scheme to be treated as references to a transferee;

(d)   

include other incidental, supplementary, consequential, transitional or

transitory provision or savings.

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(4)   

A scheme under subsection (1) may provide for a transfer of property, rights

or liabilities—

(a)   

whether or not they would otherwise be capable of being transferred,

(b)   

without any instrument or other formality being required, and

(c)   

irrespective of any requirement for consent that would otherwise

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apply.

(5)   

The Commissioners may make one or more schemes providing for—

(a)   

any specified thing or anything of a specified description done by or in

relation to the Commissioners or an officer of Revenue and Customs in

connection with a relevant function to have effect as if done by or in

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relation to the Secretary of State, the Director or a designated customs

official;

(b)   

any specified thing or anything of a specified description (including

any legal proceedings) relating to a relevant function done by or in

relation to the Commissioners or an officer of Revenue and Customs to

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Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions

20

 

be continued by or in relation to the Secretary of State, the Director or a

designated customs official.

(6)   

A scheme under this section—

(a)   

comes into force in accordance with its terms;

(b)   

may be amended or revoked.

5

(7)   

In this section—

“relevant function” means a function conferred by or by virtue of this Part

on the Secretary of State, the Director or a designated customs official;

“specified” means specified in the scheme.

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Facilities and services

10

(1)   

Her Majesty’s Revenue and Customs may make facilities and services

available to any person by whom functions relating to immigration, asylum or

nationality, or customs functions, are exercisable for the purposes of the

exercise of any of those functions.

(2)   

A person by whom functions relating to immigration, asylum or nationality, or

15

customs functions, are exercisable may make facilities and services available to

Her Majesty’s Revenue and Customs for the purposes of the exercise of a

function of Her Majesty’s Revenue and Customs.

Inspection and oversight

28      

Inspections by the Chief Inspector of the UK Border Agency

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(1)   

In section 48 of the UK Borders Act 2007 (c. 30) (establishment of the Border

and Immigration Inspectorate), in subsection (1) for “the Border and

Immigration Agency” substitute “the UK Border Agency”.

(2)   

After that subsection insert—

“(1A)   

The Chief Inspector shall monitor and report on the efficiency and

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effectiveness of the performance of functions by the following—

(a)   

designated customs officials, and officials of the Secretary of

State exercising customs functions;

(b)   

immigration officers, and officials of the Secretary of State

exercising functions relating to immigration, asylum or

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nationality;

(c)   

the Secretary of State in so far as the Secretary of State has

general customs functions;

(d)   

the Secretary of State in so far as the Secretary of State has

functions relating to immigration, asylum or nationality;

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(e)   

the Director of Border Revenue and any person exercising

functions of the Director.

(1B)   

The Chief Inspector shall monitor and report on the efficiency and

effectiveness of the services provided by a person acting pursuant to

arrangements relating to the discharge of a function within subsection

40

(1A).”

(3)   

In subsection (2) of that section—

(a)   

omit the words from the beginning to “Agency;”,

 
 

Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions

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(b)   

in paragraph (a), for “within the Border and Immigration Agency”

substitute “among the persons listed in subsections (1A) and (1B) (the

“listed persons”)”, and

(c)   

in paragraph (b), for “the Border and Immigration Agency” substitute

“the listed persons”.

5

(4)   

After that subsection insert—

“(2A)   

The Chief Inspector shall also monitor and report on—

(a)   

the exercise by the listed persons of customs functions in

connection with—

(i)   

the prevention, detection and investigation of offences,

10

and

(ii)   

the conduct of criminal proceedings;

(b)   

whether such customs functions have been appropriately

exercised by the Secretary of State and the Director of Border

Revenue.

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(2B)   

Unless directed to do so by the Secretary of State, the Chief Inspector

shall not monitor and report on the exercise by the listed persons of—

(a)   

functions at removal centres and short term holding facilities,

and under escort arrangements, in so far as Her Majesty’s Chief

Inspector of Prisons has functions under section 5A of the

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Prison Act 1952 in relation to such functions, and

(b)   

functions at detention facilities, in so far as Her Majesty’s

Inspectors of Constabulary, the Scottish inspectors or the

Northern Ireland inspectors have functions by virtue of section

29 of the Borders, Citizenship and Immigration Act 2009 in

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relation to such functions.”

(5)   

Omit subsection (3) of that section.

(6)   

After that subsection insert—

“(3A)   

In this section “customs function”, “designated customs official” and

“general customs function” have the meanings given by Part 1 of the

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Borders, Citizenship and Immigration Act 2009.”

(7)   

In section 53 of that Act (relationship with other bodies), in subsection (1)—

(a)   

in paragraph (a), for “the Border and Immigration Agency” substitute

“a person listed in section 48(1A) or (1B)”, and

(b)   

in paragraph (b), for “the Agency” substitute “such a person”.

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(8)   

In subsection (3) of that section, for “the Agency” insert “a person listed in

section 48(1A) or (1B)”.

(9)   

In section 56(2)(a) of that Act (Senior President of Tribunals), for “the Border

and Immigration Agency” substitute “the UK Border Agency”.

(10)   

The person holding the office of the Chief Inspector of the Border and

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Immigration Agency immediately before the day on which this section comes

into force is to be treated, on and after that day, as if appointed as the Chief

Inspector of the UK Border Agency under section 48(1) of the UK Borders Act

2007 (c. 30).

 
 

 
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