Fifteenth Report of Session 2021–22 Contents

Appendix 6

S.I. 2021/1007

Immigration (Disposal of Property) (Amendment) Regulations 2021

1.In its letter of 27 October 2021 to the Department, the Joint Committee on Statutory Instruments has asked for a memorandum on the following point on S.I. 2021/1007:

Explain where “not-for-profit bodies” is defined for the purposes of these Regulations.

2.Regulation 2(d) inserts a new 2A regulation into the Immigration (Disposal of Property) Regulations 2008 which allows property to be disposed of inter alia by way of donation to charities or other not-for-profit bodies. The term “not-for-profit bodies” is not defined in S.I. 2021/1007 or in the UK Borders Act 2007. It is the Home Office’s view that the term “not-for-profit bodies” is clear within the context of S.I. 2021/1007 without further definition. The relevant regulation states that “not-for-profit bodies” are an alternative to charities such that it is clear that “not-for-profit bodies” are organisations that are not charities, whose purpose is not to make a profit, and which have a public purpose.

3.The Nationality and Borders Bill (NBB) contains a clause (28PA(12)(d)) Power to seize and dispose of ships etc.) which similarly provides for the disposal of property by way of donation to not-for-profit bodies. The intention in S.I. 2021/1007 is to closely align these two disposal powers. The term “not for profit body” is also not defined in the NBB. For completeness, the Home Office notes that clause 28PA(12)(d) could be amended during its passage through Parliament and as such, despite the intention to align the two disposal powers, the power to donate property in the NBB if/when enacted may ultimately differ from that contained in S.I. 2021/1007.

4.The Committee may wish to note that the term “not-for-profit bodies” (which also appears as not-for-profit organisations in legislation) appears in various legislation, but there is no consistent precedent as to whether the term is defined. In some instances the term is not defined, for example section 82(2)(b) of the Immigration and Asylum Act 1999 which refers to “…in the course of a business carried on (whether or not for profit) by him or by another person” and section 141(2) of the Water Industry Act 1991 which refers to:

“For the purposes of this Chapter any land or premises used or intended for use (in whole or in part and whether or not for profit)—

(a) for agricultural or horticultural purposes or for the purposes of fish farming; or

(b) for scientific research or experiment”

5.In other legislation “not-for-profit body” is defined, such as in section 151 of the Communications Act 2003, where it is defined as:

not for profit body” means a body which, by virtue of its constitution or any enactment—”

(a) is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes; and

(b) is prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes);”

6.A similar example can be found in section 207 of the Legal Services Act 2007:

“not for profit body” means a body which, by or by virtue of its constitution or any enactment—

(a) is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes, and

(b) is prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes);”

Home Office

2 November 2021




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