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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 amended in Committee in the House of Lords and printed on 28th July 1999.

 
 
 [This Bill is re-issued because Schedule 5 was incorrectly printed.]


  
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.

Immigration control: facilities and charges
21.Provision of facilities for immigration control at ports.
22.Charges: immigration control.

Offences
23.Deception.
24.Facilitation of entry.
25.False statements etc.

PART II
CARRIERS' LIABILITY
Clandestine entrants
26.Penalty for carrying clandestine entrants.
27.Code of practice.
28.Defences to claim that penalty is due under section 26.
29.Procedure.
30.Power to detain vehicles etc. in connection with penalties under section 26.
31.Effect of detention.
32.Assisting illegal entry and harbouring.
33.Rail freight.

Passengers without proper documents
34.Charges in respect of passengers without proper documents.
35.Visas for transit passengers.
36.Power to detain vehicles etc. in connection with charges under section 34.

Interpretation
37.Interpretation of Part II.

PART III
BAIL
Routine bail hearings
38.Bail hearings for detained persons.
39.Location of bail hearings.
40.General right to be released on bail.
41.Powers exercisable on granting bail.
42.Forfeiture.
43.Forfeiture of securities.
44.Power of arrest.

Procedure
45.Procedure.
46.Use of live television links at bail hearings.

Bail hearings under other enactments
47.Power to provide for certain bail hearings to be before magistrates.
48.Extension of right to apply for bail in deportation cases.

Grants
49.Grants to voluntary organisations.

PART IV
APPEALS
The appellate authorities
50.The Immigration Appeal Tribunal.
51.Adjudicators.

Appeals
52.General.

Leave to enter
53.Leave to enter the United Kingdom.
54.Limitations on rights of appeal under section 53.

Variation of limited leave to enter or remain
55.Variation of limited leave to enter or remain.
56.Limitations on rights of appeal under section 55.

Deportation
57.Deportation orders.
58.Limitations on rights of appeal under section 57.

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

Directions for removal
60.Validity of directions for removal.

Objection to destination
61.Removal on objection to destination.
62.Limitations on rights of appeal under section 61.

Asylum
63.Claims for asylum.
64.Limitations on rights of appeal under section 63.

Removal to safe countries
65.Removal of asylum claimants to safe third countries.

Miscellaneous
66.Miscellaneous limitations on rights of appeal.
67.Limitation on further appeals.

"One-stop" procedure
68.Duty to disclose grounds for appeal etc.
69.Duty to disclose grounds for entering etc the United Kingdom.
70.Result of failure to comply with section 68.
71."One-stop" appeals: asylum claims.
72."One-stop" appeals: other cases.
73.Transfer of appellate proceedings.

Appeals without merit
74.Penalty on continuing an appeal without merit.

EEA nationals
75.EEA nationals.

Grants
76.Grants to voluntary organisations.

PART V
IMMIGRATION ADVISERS AND IMMIGRATION SERVICE PROVIDERS
Interpretation
77.Interpretation of Part V.

The Immigration Services Commissioner
78.The Commissioner.

The general prohibition
79.Provision of immigration services.
80.Registration and exemption by the Commissioner.
81.Designated professional bodies.

The Immigration Services Tribunal
82.The Tribunal.
83.Appeal upheld by the Tribunal.
84.Disciplinary charge upheld by the Tribunal.
85.Orders by disciplinary bodies.

Enforcement
86.Offences.
87.Enforcement.

Miscellaneous
88.Information.

PART VI
SUPPORT FOR ASYLUM-SEEKERS
Interpretation
89.Interpretation of Part VI.

Provision of support
90.Persons for whom support may be provided.
91.Ways in which support may be provided.
92.Supplemental.
93.Secretary of State's scheme.
94.Temporary support.

Support and assistance by local authorities etc.
95.Provision of support by local authorities.
96.Local authority and other assistance for Secretary of State.
97.Reception zones.

Appeals
98.Asylum Support Adjudicators.
99.Appeals.
100.Secretary of State's rules.

Offences
101.False representations.
102.Dishonest representations.
103.Delay or obstruction.
104.Failure of sponsor to maintain.
105.Supplemental.

Expenditure
106.Payments to local authorities.
107.Grants to voluntary organisations.
108.Recovery of expenditure on support: misrepresentation etc.
109.Recovery of expenditure on support from sponsor.
110.Overpayments.

Exclusions
111.Exclusion from benefits.
112.Amendment of section 21 of the National Assistance Act 1948.
113.Other restrictions on assistance: England and Wales.
114.Housing authority accommodation.
115.Homelessness: Scotland and Northern Ireland.
116.Other restrictions on assistance: Scotland.
117.Other restrictions on assistance: Northern Ireland.
118.Support for children.
119.Back-dating of benefits where person recorded as refugee.

Miscellaneous
120.Secretary of State to be corporation sole for purposes of Part VI.
121.Entry of premises.
122.Information from property owners.
123.Requirement to supply information about redirection of post.

PART VII
POWER TO ARREST, SEARCH AND FINGERPRINT
Power to arrest
124.Arrest without warrant.

Power to search and arrest
125.Search and arrest by warrant.
126.Search and arrest without warrant.

Power to enter and search premises
127.Entry and search of premises.
128.Entry and search of premises following arrest.
129.Entry and search of premises following arrest under section 25(1) of the 1971 Act.

Power to search persons
130.Searching arrested persons.
131.Searching persons in police custody.

Seized material: access and copying
132.Access and copying.

Search warrants
133.Search warrants: safeguards.
134.Execution of warrants.
135.Interpretation.

Detention
136.Detention of persons liable to examination or removal.

Fingerprinting
137.Fingerprinting.
138.Attendance for fingerprinting.
139.Destruction of fingerprints.
140.Other methods of collecting data about physical characteristics.

Codes of practice
141.Codes of practice.

Use of force
142.Use of force.

PART VIII
DETENTION CENTRES AND DETAINED PERSONS
Interpretation
143.Interpretation of Part VIII.

Detention centres
144.Management of detention centres.
145.Contracting out of certain detention centres.
146.Contracted out functions at directly managed detention centres.
147.Intervention by Secretary of State.
148.Visiting Committees and inspections.
149.Detention centre rules.

Custody and movement of detained persons
150.Detainee custody officers.
151.Custodial functions and discipline etc. at detention centres.
152.Arrangements for the provision of escorts and custody.

Miscellaneous
153.Wrongful disclosure of information.
154.Power of constable to act outside his jurisdiction.

PART IX
REGISTRAR'S CERTIFICATES: PROCEDURE
155.Abolition of certificate by licence.
156.Notice of marriage.
157.Power to require evidence.
158.Refusal to issue certificate.

PART X
MISCELLANEOUS AND SUPPLEMENTAL
159.Institution of proceedings.
160.Regulations and orders.
161.Interpretation.
162.Expenditure and receipts.
163.Minor and consequential amendments, transitional provisions and repeals.
164.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.
 


 
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© Parliamentary copyright 1999
Prepared 30 July 1999