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Detention at ports in Scotland |
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53 | Extension of sections 1 to 4 of the UK Borders Act 2007 to Scotland |
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(1) | In section 2 of the UK Borders Act 2007 (c. 30) (detention at ports), after |
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“(1A) | A designated immigration officer at a port in Scotland may detain an |
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individual if the immigration officer thinks that the individual is |
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subject to a warrant for arrest.” |
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(2) | In section 3 of that Act (enforcement of detention at ports), after subsection (4), |
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“(4A) | In the application of this section to Scotland, the references in |
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subsections (2)(a) and (3)(a) to 51 weeks shall be treated as references to |
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(3) | In section 60(1) of that Act (provisions which do not extend to Scotland), omit |
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Miscellaneous and general |
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54 | Transfer of immigration or nationality judicial review applications |
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(1) | In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales: |
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transfer from the High Court to the Upper Tribunal)— |
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(a) | in subsection (2), for “, 3 and 4” substitute “and 3”, |
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(b) | in subsection (3), for “, 2 and 4” substitute “and 2”, and |
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(2) | In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) (Northern |
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Ireland: transfer from the High Court to the Upper Tribunal)— |
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(a) | in subsection (2), for “, 3 and 4” substitute “and 3”, |
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(b) | in subsection (3), for “, 2 and 4” substitute “and 2”, and |
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(3) | In section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) |
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(Scotland: transfer from the Court of Session to the Upper Tribunal)— |
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(a) | in subsection (1)(a), for “, 2 and 4” substitute “and 2”, |
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(b) | in subsection (1)(b), for “, 3 and 4” substitute “and 3”, and |
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Trafficking people for exploitation |
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55 | Trafficking people for exploitation |
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In section 4(4) of the Asylum and Immigration (Treatment of Claimants, etc.) |
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Act 2004 (c. 19) (trafficking people for exploitation: meaning of exploitation), |
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for paragraph (d) substitute— |
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“(d) | a person uses or attempts to use him for any purpose within |
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sub-paragraph (i), (ii) or (iii) of paragraph (c), having chosen |
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him for that purpose on the grounds that— |
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(i) | he is mentally or physically ill or disabled, he is young |
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or he has a family relationship with a person, and |
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(ii) | a person without the illness, disability, youth or family |
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relationship would be likely to refuse to be used for that |
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56 | Duty regarding the welfare of children |
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(1) | The Secretary of State must make arrangements for ensuring that— |
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(a) | the functions mentioned in subsection (2) are discharged having regard |
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to the need to safeguard and promote the welfare of children who are |
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in the United Kingdom, and |
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(b) | any services provided by another person pursuant to arrangements |
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which are made by the Secretary of State and relate to the discharge of |
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a function mentioned in subsection (2) are provided having regard to |
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(2) | The functions referred to in subsection (1) are— |
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(a) | any function of the Secretary of State in relation to immigration, asylum |
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(b) | any function conferred by or by virtue of the Immigration Acts on an |
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(c) | any general customs function of the Secretary of State; |
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(d) | any customs function conferred on a designated customs official. |
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(3) | A person exercising any of those functions must, in exercising the function, |
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have regard to any guidance given to the person by the Secretary of State for |
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the purpose of subsection (1). |
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(4) | The Director of Border Revenue must make arrangements for ensuring that— |
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(a) | the Director’s functions are discharged having regard to the need to |
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safeguard and promote the welfare of children who are in the United |
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(b) | any services provided by another person pursuant to arrangements |
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made by the Director in the discharge of such a function are provided |
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having regard to that need. |
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(5) | A person exercising a function of the Director of Border Revenue must, in |
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exercising the function, have regard to any guidance given to the person by the |
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Secretary of State for the purpose of subsection (4). |
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“children” means persons who are under the age of 18; |
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“customs function”, “designated customs official” and “general customs |
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function” have the meanings given by Part 1. |
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(7) | A reference in an enactment (other than this Act) to the Immigration Acts |
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includes a reference to this section. |
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(8) | Section 21 of the UK Borders Act 2007 (c. 30) (children) ceases to have effect. |
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The Schedule contains repeals. |
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(1) | Subject to the following provisions of this section, this Act extends to— |
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(2) | Sections 22 (application of the PACE orders) and 23 (investigations and |
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detention: England and Wales and Northern Ireland) extend to England and |
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Wales and Northern Ireland only. |
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(3) | An amendment, modification or repeal by this Act has the same extent as the |
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enactment or relevant part of the enactment to which it relates (ignoring extent |
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by virtue of an Order in Council under any of the Immigration Acts). |
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(4) | Subsection (3) does not apply to— |
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(a) | the amendments made by section 53 (detention at ports in Scotland); |
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(b) | the amendment made by section 55 (trafficking people for |
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exploitation), which extends to England and Wales and Northern |
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(5) | Her Majesty may by Order in Council provide for any of the provisions of this |
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Act, other than any provision of Part 1 or section 54, to extend, with or without |
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modifications, to any of the Channel Islands or the Isle of Man. |
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(6) | Subsection (5) does not apply in relation to the extension to a place of a |
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provision which extends there by virtue of subsection (3). |
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(1) | Part 1 (border functions) comes into force on the day this Act is passed. |
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(2) | The provisions of Part 2 (citizenship) come into force on such day as the |
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Secretary of State may by order appoint. |
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(3) | In Part 3 (immigration)— |
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(a) | sections 50 (Common Travel Area), 52 (fingerprinting of foreign |
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criminals) and 53 (detention at ports in Scotland) come into force on |
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such day as the Secretary of State may by order appoint; |
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(b) | section 51 (restriction on studies) comes into force on the day this Act is |
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(a) | section 54 (transfer of immigration or nationality judicial review |
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applications) comes into force on such day as the Lord Chancellor may |
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|
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(b) | sections 55 (trafficking people for exploitation) and 56 (duty regarding |
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the welfare of children) come into force on such day as the Secretary of |
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State may by order appoint. |
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(5) | Any repeal in the Schedule (and section 57 so far as relating to the repeal) |
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comes into force in the same way as the provisions of this Act to which the |
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(6) | The other provisions of this Part come into force on the day this Act is passed. |
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(7) | An order under this section must be made by statutory instrument. |
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(8) | An order under this section— |
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(a) | may appoint different days for different purposes; |
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(b) | may include transitional or incidental provision or savings. |
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(9) | In the case of an order commencing sections 39 to 41 (acquisition of British |
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citizenship by naturalisation), transitional provision may, in particular— |
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(a) | provide that the qualifying period for the purposes of paragraph 1 or 3 |
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of Schedule 1 to the British Nationality Act 1981 (c. 61) includes time |
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before that commencement; |
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(b) | provide for leave to enter or remain in the United Kingdom granted |
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before that commencement to be treated as qualifying temporary |
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residence leave or probationary citizenship leave for the purposes of |
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(10) | In the case of an order commencing section 45 (acquisition of British citizenship |
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through the female line), transitional provision may, in particular, provide that |
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section 45 is to apply to an application made, but not determined, under section |
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4C of the British Nationality Act 1981 before that commencement. |
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(11) | No order may be made commencing section 53 (detention at ports in Scotland) |
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unless the Secretary of State has consulted the Scottish Ministers. |
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This Act may be cited as the Borders, Citizenship and Immigration Act 2009. |
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