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Borders, Citizenship and Immigration Bill [HL]


Borders, Citizenship and Immigration Bill [HL]
Part 4 — Miscellaneous and general

45

 

Detention at ports in Scotland

53      

Extension of sections 1 to 4 of the UK Borders Act 2007 to Scotland

(1)   

In section 2 of the UK Borders Act 2007 (c. 30) (detention at ports), after

subsection (1), insert—

“(1A)   

A designated immigration officer at a port in Scotland may detain an

5

individual if the immigration officer thinks that the individual is

subject to a warrant for arrest.”

(2)   

In section 3 of that Act (enforcement of detention at ports), after subsection (4),

insert—

“(4A)   

In the application of this section to Scotland, the references in

10

subsections (2)(a) and (3)(a) to 51 weeks shall be treated as references to

12 months.”

(3)   

In section 60(1) of that Act (provisions which do not extend to Scotland), omit

“1 to 4,”.

Part 4

15

Miscellaneous and general

Judicial review

54      

Transfer of immigration or nationality judicial review applications

(1)   

In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales:

transfer from the High Court to the Upper Tribunal)—

20

(a)   

in subsection (2), for “, 3 and 4” substitute “and 3”,

(b)   

in subsection (3), for “, 2 and 4” substitute “and 2”, and

(c)   

omit subsection (7).

(2)   

In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) (Northern

Ireland: transfer from the High Court to the Upper Tribunal)—

25

(a)   

in subsection (2), for “, 3 and 4” substitute “and 3”,

(b)   

in subsection (3), for “, 2 and 4” substitute “and 2”, and

(c)   

omit subsection (7).

(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)—

30

(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).

Trafficking people for exploitation

55      

Trafficking people for exploitation

35

In section 4(4) of the Asylum and Immigration (Treatment of Claimants, etc.)

Act 2004 (c. 19) (trafficking people for exploitation: meaning of exploitation),

 
 

Borders, Citizenship and Immigration Bill [HL]
Part 4 — Miscellaneous and general

46

 

for paragraph (d) substitute—

“(d)   

a person uses or attempts to use him for any purpose within

sub-paragraph (i), (ii) or (iii) of paragraph (c), having chosen

him for that purpose on the grounds that—

(i)   

he is mentally or physically ill or disabled, he is young

5

or he has a family relationship with a person, and

(ii)   

a person without the illness, disability, youth or family

relationship would be likely to refuse to be used for that

purpose.”

Children

10

56      

Duty regarding the welfare of children

(1)   

The Secretary of State must make arrangements for ensuring that—

(a)   

the functions mentioned in subsection (2) are discharged having regard

to the need to safeguard and promote the welfare of children who are

in the United Kingdom, and

15

(b)   

any services provided by another person pursuant to arrangements

which are made by the Secretary of State and relate to the discharge of

a function mentioned in subsection (2) are provided having regard to

that need.

(2)   

The functions referred to in subsection (1) are—

20

(a)   

any function of the Secretary of State in relation to immigration, asylum

or nationality;

(b)   

any function conferred by or by virtue of the Immigration Acts on an

immigration officer;

(c)   

any general customs function of the Secretary of State;

25

(d)   

any customs function conferred on a designated customs official.

(3)   

A person exercising any of those functions must, in exercising the function,

have regard to any guidance given to the person by the Secretary of State for

the purpose of subsection (1).

(4)   

The Director of Border Revenue must make arrangements for ensuring that—

30

(a)   

the Director’s functions are discharged having regard to the need to

safeguard and promote the welfare of children who are in the United

Kingdom, and

(b)   

any services provided by another person pursuant to arrangements

made by the Director in the discharge of such a function are provided

35

having regard to that need.

(5)   

A person exercising a function of the Director of Border Revenue must, in

exercising the function, have regard to any guidance given to the person by the

Secretary of State for the purpose of subsection (4).

(6)   

In this section—

40

“children” means persons who are under the age of 18;

“customs function”, “designated customs official” and “general customs

function” have the meanings given by Part 1.

(7)   

A reference in an enactment (other than this Act) to the Immigration Acts

includes a reference to this section.

45

 
 

Borders, Citizenship and Immigration Bill [HL]
Part 4 — Miscellaneous and general

47

 

(8)   

Section 21 of the UK Borders Act 2007 (c. 30) (children) ceases to have effect.

General

57      

Repeals

The Schedule contains repeals.

58      

Extent

5

(1)   

Subject to the following provisions of this section, this Act extends to—

(a)   

England and Wales,

(b)   

Scotland, and

(c)   

Northern Ireland.

(2)   

Sections 22 (application of the PACE orders) and 23 (investigations and

10

detention: England and Wales and Northern Ireland) extend to England and

Wales and Northern Ireland only.

(3)   

An amendment, modification or repeal by this Act has the same extent as the

enactment or relevant part of the enactment to which it relates (ignoring extent

by virtue of an Order in Council under any of the Immigration Acts).

15

(4)   

Subsection (3) does not apply to—

(a)   

the amendments made by section 53 (detention at ports in Scotland);

(b)   

the amendment made by section 55 (trafficking people for

exploitation), which extends to England and Wales and Northern

Ireland only.

20

(5)   

Her Majesty may by Order in Council provide for any of the provisions of this

Act, other than any provision of Part 1 or section 54, to extend, with or without

modifications, to any of the Channel Islands or the Isle of Man.

(6)   

Subsection (5) does not apply in relation to the extension to a place of a

provision which extends there by virtue of subsection (3).

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59      

Commencement

(1)   

Part 1 (border functions) comes into force on the day this Act is passed.

(2)   

The provisions of Part 2 (citizenship) come into force on such day as the

Secretary of State may by order appoint.

(3)   

In Part 3 (immigration)—

30

(a)   

sections 50 (Common Travel Area), 52 (fingerprinting of foreign

criminals) and 53 (detention at ports in Scotland) come into force on

such day as the Secretary of State may by order appoint;

(b)   

section 51 (restriction on studies) comes into force on the day this Act is

passed.

35

(4)   

In this Part—

(a)   

section 54 (transfer of immigration or nationality judicial review

applications) comes into force on such day as the Lord Chancellor may

by order appoint;

 
 

Borders, Citizenship and Immigration Bill [HL]
Part 4 — Miscellaneous and general

48

 

(b)   

sections 55 (trafficking people for exploitation) and 56 (duty regarding

the welfare of children) come into force on such day as the Secretary of

State may by order appoint.

(5)   

Any repeal in the Schedule (and section 57 so far as relating to the repeal)

comes into force in the same way as the provisions of this Act to which the

5

repeal relates.

(6)   

The other provisions of this Part come into force on the day this Act is passed.

(7)   

An order under this section must be made by statutory instrument.

(8)   

An order under this section—

(a)   

may appoint different days for different purposes;

10

(b)   

may include transitional or incidental provision or savings.

(9)   

In the case of an order commencing sections 39 to 41 (acquisition of British

citizenship by naturalisation), transitional provision may, in particular—

(a)   

provide that the qualifying period for the purposes of paragraph 1 or 3

of Schedule 1 to the British Nationality Act 1981 (c. 61) includes time

15

before that commencement;

(b)   

provide for leave to enter or remain in the United Kingdom granted

before that commencement to be treated as qualifying temporary

residence leave or probationary citizenship leave for the purposes of

that Schedule.

20

(10)   

In the case of an order commencing section 45 (acquisition of British citizenship

through the female line), transitional provision may, in particular, provide that

section 45 is to apply to an application made, but not determined, under section

4C of the British Nationality Act 1981 before that commencement.

(11)   

No order may be made commencing section 53 (detention at ports in Scotland)

25

unless the Secretary of State has consulted the Scottish Ministers.

60      

Short title

This Act may be cited as the Borders, Citizenship and Immigration Act 2009.

 
 

 
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