Immigration and Asylum Bill

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House of Lords

Session 1998-99
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Other Bills before Parliament

Immigration and Asylum Bill

This is the text of the Immigration and Asylum Bill, as passed by the House of Commons and introduced in the House of Lords on 17th June 1999.

EXPLANATORY NOTES
Explanatory Notes to the Bill, prepared by the Home Office, are published separately as HL Bill 71- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Lord Williams of Mostyn has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Immigration and Asylum Bill are compatible with the Convention rights.

Immigration and Asylum Bill

ARRANGEMENT OF CLAUSES

PART I

IMMIGRATION: GENERAL

Leave to enter, or remain in, the United Kingdom

Clause

1. Leave to enter.

2. Leave to remain.

3. Continuation of leave pending decision.

4. Charges.

Exemption from immigration control

5. Members of missions other than diplomatic agents.

6. Persons ceasing to be exempt.

Removal from the United Kingdom

7. Treatment of certain overstayers.

8. Removal of certain persons unlawfully in the United Kingdom.

9. Removal of asylum claimants under standing arrangements with member States.

10. Removal of asylum claimants in other circumstances.

11. Proof of identity of persons to be removed or deported.

Provision of financial security

12. Security on grant of entry clearance.

13. Provision of further security on extension of leave.

Information

14. Passenger information.

15. Notification of non-EEA arrivals.

16. Supply of information to Secretary of State.

17. Supply of information by Secretary of State.

Employment: code of practice

18. Restrictions on employment: code of practice.

Monitoring entry clearance

19. Monitoring refusals of entry clearance.

Reporting suspicious marriages

20. Duty to report suspicious marriages.

Facilities at ports

21. Provision of facilities for immigration control at ports.

Offences

22. Deception.

23. Facilitation of entry.

24. False statements etc.

PART II

CARRIERS' LIABILITY

Clandestine entrants

25. Penalty for carrying clandestine entrants.

26. Code of practice.

27. Defences to claim that penalty is due under section 25.

28. Procedure.

29. Power to detain vehicles etc. in connection with penalties under section 25.

30. Effect of detention.

31. Assisting illegal entry and harbouring.

Passengers without proper documents

32. Charges in respect of passengers without proper documents.

33. Visas for transit passengers.

34. Power to detain vehicles etc. in connection with charges under section 32.

Interpretation

35. Interpretation of Part II.

PART III

BAIL

Routine bail hearings

36. Bail hearings for detained persons.

37. Location of bail hearings.

38. Power to grant bail.

39. Forfeiture.

40. Power of arrest.

Procedure

41. Procedure.

42. Use of live television links at bail hearings.

Bail hearings under other enactments

43. Power to provide for certain bail hearings to be before magistrates.

44. Extension of right to apply for bail in deportation cases.

Grants

45. Grants to voluntary organisations.

PART IV

APPEALS

The appellate authorities

46. The Immigration Appeal Tribunal.

47. Adjudicators.

Appeals

48. General.

Leave to enter

49. Leave to enter the United Kingdom.

50. Limitations on rights of appeal under section 49.

Variation of limited leave to enter or remain

51. Variation of limited leave to enter or remain.

52. Limitations on rights of appeal under section 51.

Deportation

53. Deportation orders.

54. Limitations on rights of appeal under section 53.

Human rights

55. Acts made unlawful by section 6(1) of the Human Rights Act 1998.

Directions for removal

56. Validity of directions for removal.

Objection to destination

57. Removal on objection to destination.

58. Limitations on rights of appeal under section 57.

Asylum

59. Claims for asylum.

60. Limitations on rights of appeal under section 59.

Removal to safe countries

61. Removal of asylum claimants to safe third countries.

Miscellaneous

62. Miscellaneous limitations on rights of appeal.

63. Limitation on further appeals.

"One-stop" procedure

64. Duty to disclose grounds for appeal etc.

65. Result of failure to comply with section 64.

66. "One-stop" appeals: asylum claims.

67. "One-stop" appeals: other cases.

68. Transfer of appellate proceedings.

Appeals without merit

69. Penalty on continuing an appeal without merit.

EEA nationals

70. EEA nationals.

Grants

71. Grants to voluntary organisations.

PART V

IMMIGRATION ADVISERS AND IMMIGRATION SERVICE PROVIDERS

Interpretation

72. Interpretation of Part V.

The Immigration Services Commissioner

73. The Commissioner.

The general prohibition

74. Provision of immigration services.

75. Registration and exemption by the Commissioner.

76. Designated professional bodies.

The Immigration Services Tribunal

77. The Tribunal.

78. Appeal upheld by the Tribunal.

79. Disciplinary charge upheld by the Tribunal.

80. Orders by disciplinary bodies.

Enforcement

81. Offences.

82. Enforcement.

Miscellaneous

83. Information.

PART VI

SUPPORT FOR ASYLUM-SEEKERS

Interpretation

84. Interpretation of Part VI.

Provision of support

85. Persons for whom support may be provided.

86. Ways in which support may be provided.

87. Supplemental.

88. Secretary of State's scheme.

89. Temporary support.

Support and assistance by local authorities etc.

90. Provision of support by local authorities.

91. Local authority and other assistance for Secretary of State.

92. Reception zones.

Appeals

93. Asylum Support Adjudicators.

94. Appeals.

95. Secretary of State's rules.

Offences

96. False representations.

97. Dishonest representations.

98. Delay or obstruction.

99. Failure of sponsor to maintain.

100. Supplemental.

Expenditure

101. Payments to local authorities.

102. Grants to voluntary organisations.

103. Recovery of expenditure on support: misrepresentation etc.

104. Recovery of expenditure on support from sponsor.

105. Overpayments.

Exclusions

106. Exclusion from benefits.

107. Amendment of section 21 of the National Assistance Act 1948.

108. Other restrictions on assistance: England and Wales.

109. Housing authority accommodation.

110. Homelessness: Scotland and Northern Ireland.

111. Other restrictions on assistance: Scotland.

112. Other restrictions on assistance: Northern Ireland.

113. Support for children.

114. Back-dating of benefits where person recorded as refugee.

Miscellaneous

115. Secretary of State to be corporation sole for purposes of Part VI.

116. Entry of premises.

117. Information from property owners.

118. Requirement to supply information about redirection of post.

PART VII

POWER TO ARREST, SEARCH AND FINGERPRINT

Power to arrest

119. Arrest without warrant.

Power to search and arrest

120. Search and arrest by warrant.

121. Search and arrest without warrant.

Power to enter and search premises

122. Entry and search of premises.

123. Entry and search of premises following arrest.

124. Entry and search of premises following arrest under section 25(1) of the 1971 Act.

Power to search persons

125. Searching arrested persons.

126. Searching persons in police custody.

Seized material: access and copying

127. Access and copying.

Search warrants

128. Search warrants: safeguards.

129. Execution of warrants.

130. Interpretation.

Detention

131. Detention of persons liable to examination or removal.

Fingerprinting

132. Fingerprinting.

133. Attendance for fingerprinting.

134. Destruction of fingerprints.

135. Other methods of collecting data about physical characteristics.

Use of force

136. Use of force.

PART VIII

DETENTION CENTRES AND DETAINED PERSONS

Interpretation

137. Interpretation of Part VIII.

Detention centres

138. Management of detention centres.

139. Contracting out of certain detention centres.

140. Contracted out functions at directly managed detention centres.

141. Intervention by Secretary of State.

142. Visiting Committees and inspections.

143. Detention centre rules.

Custody and movement of detained persons

144. Detainee custody officers.

145. Custodial functions and discipline etc. at detention centres.

146. Arrangements for the provision of escorts and custody.

Miscellaneous

147. Wrongful disclosure of information.

148. Power of constable to act outside his jurisdiction.

PART IX

REGISTRAR'S CERTIFICATES: PROCEDURE

149. Abolition of certificate by licence.

150. Notice of marriage.

151. Power to require evidence.

152. Refusal to issue certificate.

PART X

MISCELLANEOUS AND SUPPLEMENTAL

153. Institution of proceedings.

154. Regulations and orders.

155. Interpretation.

156. Expenditure and receipts.

157. Minor and consequential amendments, transitional provisions and repeals.

158. Short title, commencement and extent.

SCHEDULES:

    Schedule 1 - Sale of Transporters.

    Schedule 2 - The Immigration Appeal Tribunal.

    Schedule 3 - Adjudicators.

    Schedule 4 - Appeals.

    Part I - Procedure.

    Part II - Effect of Appeals.

    Part III - Determination of Appeals.

    Schedule 5 - The Immigration Services Commissioner.

    Part I - Regulatory Functions.

    Part II - Commissioner's Status, Remuneration and Staff etc.

    Schedule 6 - Registration.

    Schedule 7 - The Immigration Services Tribunal.

    Schedule 8 - Asylum Support: Interim Provisions.

    Schedule 9 - Asylum Support Adjudicators.

    Schedule 10 - Detainee Custody Officers.

    Schedule 11 - Discipline etc at Detention Centres.

    Schedule 12 - Escort Arrangements.

    Schedule 13 - Consequential Amendments.

    Schedule 14 - Transitional Provisions and Savings.

    Schedule 15 - Repeals.

© Parliamentary copyright 1999
Prepared 18 June 1999