|
|
| |
| |
|
| |
| |
| |
| For other Amendment(s) see the following page(s) of Supplement to Votes:
|
|
| Borders, Citizenship and Immigration Bill Committee 1-4 |
|
| |
| Borders, Citizenship and Immigration Bill [Lords] |
|
| |
| | That, subject to the discretion of the Chairman, any written evidence received by the |
|
| | Committee shall be reported to the House for publication. |
|
| |
| |
| | |
| Clause 1, page 2, line 17, after ‘section’ insert ‘(other than in subsection (8))’. |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequent on amendment 19 |
|
| |
| | |
| Clause 1, page 2, line 36, leave out from ‘means’ to end of line 37 and insert ‘— |
|
| | (a) | a function that is exercisable— |
|
| | (i) | by the Secretary of State by virtue of this section, or |
|
| | (ii) | by general customs officials by virtue of section 3, |
|
| | (b) | a function that is conferred on general customs officials or the Secretary |
|
| | of State by or by virtue of any of sections 22 to 24 (investigations and |
|
| | |
| | (c) | a function under Community law that is exercisable by the Secretary of |
|
| | State or general customs officials in relation to a matter— |
|
| | (i) | in relation to which functions under Community law are |
|
| | exercisable by the Commissioners or officers of Revenue and |
|
| | |
| | (ii) | that is not listed in paragraphs (a) to (e) of subsection (2).’. |
|
| | Member’s explanatory statement
|
|
| | This amendment defines the “general customs functions” exercisable by the Secretary of State and |
|
|
|
| |
| |
|
| | general customs officials, including functions under Community law, so that clauses 14 to 21 apply |
|
| | to information generated in the exercise of those functions. |
|
| |
| | |
| Clause 2, page 3, line 6, at end insert— |
|
| | ‘( ) | make provision for a function of the Secretary of State or general customs |
|
| | officials to be treated, or not to be treated, as a general customs function.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment is related to amendment 19 and provides the Secretary of State with power to |
|
| | modify, by order, the definition of “general customs function” to include or exclude, as appropri |
|
| | ate, particular functions. |
|
| |
| | |
| Clause 5, page 4, line 41, leave out from ‘of’ to end of line 41 and insert ‘general |
|
| |
| | Member’s explanatory statement
|
|
| | This amendment is consequent on amendment 19. |
|
| |
| | |
| Clause 7, page 6, line 21, leave out from ‘means’ to end of line 22 and insert ‘— |
|
| | (a) | a function that is exercisable— |
|
| | (i) | by the Director by virtue of this section, or |
|
| | (ii) | by customs revenue officials by virtue of section 11, |
|
| | (b) | a function that is conferred on customs revenue officials or the Director |
|
| | by or by virtue of any of sections 22 to 24 (investigations and detention), |
|
| | |
| | (c) | a function under Community law that is exercisable by the Director or |
|
| | customs revenue officials in relation to a customs revenue matter.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment is similar to amendment 19, making provision in respect of the meaning of “cus |
|
| | toms revenue functions” which may be exercised by the Director of Border Revenue and customs |
|
| | |
| |
| | |
| Clause 9, page 6, line 38, leave out from ‘Director’ to end of line 39. |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequent on amendment 22. |
|
| |
| | |
| Clause 10, page 7, line 8, leave out ‘functions in relation to customs revenue |
|
| matters’ and insert ‘customs revenue functions’. |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequent on amendment 22. |
|
| |
| | |
| Clause 13, page 9, line 3, leave out from ‘of’ to end of line 4 and insert ‘customs |
|
| |
|
|
| |
| |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequent on amendment 22. |
|
| |
| | |
| Clause 26, page 20, line 7, leave out from ‘means’ to end of line 8 and insert ‘a |
|
| function which before the passing of this Act was exercisable by the Commissioners or |
|
| officers of Revenue and Customs (whether or not it remains so exercisable) and that— |
|
| | (a) | is conferred by or by virtue of this Part on the Secretary of State, the |
|
| | Director or a designated customs official, or |
|
| | (b) | is a function under Community law that is exercisable by the Secretary |
|
| | of State, the Director or a designated customs official;’. |
|
| | Member’s explanatory statement
|
|
| | This amendment provides that clause 26 (Transfer schemes) applies to things done by the Secre |
|
| | tary of State, the Director or designated customs officials in connection with a relevant function |
|
| | as previously exercised by the Commissioners or an officer of Revenue and Customs, including |
|
| | things done under Community law. |
|
| |
| | |
| Clause 28, page 21, line 5, at end insert ‘, and |
|
| | ( ) | after paragraph (g) insert— |
|
| | “(ga) | practice and procedure in relation to the prevention, |
|
| | detection and investigation of offences, |
|
| | (gb) | practice and procedure in relation to the conduct of |
|
| | |
| | (gc) | whether customs functions have been appropriately |
|
| | exercised by the Secretary of State and the Director of |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment, with amendment 28, requires the independent Chief Inspector to monitor and re |
|
| | port on (i) UKBA's practice and procedure in relation to criminal matters, both immigration- and |
|
| | customs-related, and (ii) whether customs functions are being appropriately exercised by the Sec |
|
| | retary of State and Director of Border Revenue. |
|
| |
| | |
| Clause 28, page 21, leave out lines 7 to 15. |
|
| | Member’s explanatory statement
|
|
| | See Member's explanatory statement for amendment 27. |
|
| |
| | |
| Clause 38, page 28, line 16, at end insert— |
|
| | |
| | (a) | all the rights, powers, liabilities, obligations and restrictions |
|
| | from time to time created or arising by or under the Community |
|
| | |
| | (b) | all the remedies and procedures from time to time provided for |
|
| | by or under the Community Treaties, |
|
| | as in accordance with the Community Treaties are without further |
|
| | enactment to be given legal effect or used in the United Kingdom;’. |
|
| | Member’s explanatory statement
|
|
|
|
| |
| |
|
| | This amendment provides a definition of “Community law” for the purposes of Part 1, which is a |
|
| | term used in amendments 19, 22 and 26. |
|
| |
| | |
| Page 29, line 4, leave out Clause 39. |
|
| |
| | |
| Page 43, line 18, leave out Clause 51. |
|
| |
| | |
| Page 44, line 30, leave out Clause 55. |
|
| |
| | |
| Clause 59, page 46, line 31, leave out ‘55’ and insert ‘[Transfer of immigration or |
|
| nationality judicial review applications]’. |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequent on amendment NC4. |
|
| |
| | |
| Clause 60, page 47, line 1, leave out ‘51 (entry otherwise than by sea or air: |
|
| immigration control)’ and insert ‘[Common Travel Area] (Common Travel Area)’. |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequent on amendment NC3. |
|
| |
| | |
| Clause 60, page 47, line 8, leave out ‘55 (fresh claim applications)’ and insert |
|
| ‘[Transfer of immigration or nationality judicial review applications] (transfer of |
|
| immigration or nationality judicial review applications)’. |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequent on amendment NC4. |
|
| |
| | |
| Clause 61, page 47, line 38, leave out subsection (2). |
|
| | Member’s explanatory statement
|
|
| | This amendment leaves out the common-form provision inserted by the House of Lords at Third |
|
| | Reading to avoid infringing the financial privileges of the House of Commons. |
|
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In section 1(3) of the Immigration Act 1971 (c. 77) (general principles: the |
|
| | common travel area), for the words from the beginning to “a person” substitute |
|
|
|
| |
| |
|
| | “A person who arrives in the United Kingdom on a local journey from any of the |
|
| | Islands or the Republic of Ireland shall not”. |
|
| | (2) | In section 11(2) of that Act (meaning of disembark and embark), in paragraphs |
|
| | (a) and (b), omit “or elsewhere in the common travel area”.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment reinstates the clause as introduced. It removes provision in the Immigration Act |
|
| | 1971 stating that persons arriving in/departing from the UK from/to another part of the CTA are |
|
| | not subject to control and changes the definition of disembark and embark in relation to the CTA. |
|
| | Transfer of immigration or nationality judicial review applications |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales: |
|
| | transfer from the High Court to the Upper Tribunal)— |
|
| | (a) | in subsection (2), for “, 3 and 4” substitute “and 3”, |
|
| | (b) | in subsection (3), for “, 2 and 4” substitute “and 2”, and |
|
| | |
| | (2) | In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) (Northern |
|
| | Ireland: transfer from the High Court to the Upper Tribunal)— |
|
| | (a) | in subsection (2), for “, 3 and 4” substitute “and 3”, |
|
| | (b) | in subsection (3), for “, 2 and 4” substitute “and 2”, and |
|
| | |
| | (3) | In section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) |
|
| | (Scotland: transfer from the Court of Session to the Upper Tribunal)— |
|
| | (a) | in subsection (1)(a), for “, 2 and 4” substitute “and 2”, |
|
| | (b) | in subsection (1)(b), for “, 3 and 4” substitute “and 3”, and |
|
| | (c) | omit subsection (5).’. |
|
| | Member’s explanatory statement
|
|
| | This amendment reinstates the clause as introduced. It removes restrictions on transferring judi |
|
| | cial review applications, with the effect that, subject to the other specified restrictions, judicial re |
|
| | view applications relating to immigration or nationality decisions can be transferred to the Upper |
|
| | |
| |
| | |
| Schedule, page 48, line 34, at end insert— |
|
| ‘Immigration Act 1971 (c. 77) |
| In section 11(2), in paragraphs (a) and (b), the words |
| | | | | “or elsewhere in the common travel area”.’. |
| | |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequent on amendment NC3. |
|