Immigration and Asylum Bill - continued        House of Lords

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Immigration control: facilities and charges
Provision of facilities for immigration control at ports.     21. - (1) The person responsible for the management of a control port ("the manager") must provide the Secretary of State free of charge with such facilities at the port as the Secretary of State may direct as being reasonably necessary for, or in connection with, the operation of immigration control.
      (2) Before giving such a direction, the Secretary of State must consult such persons likely to be affected by it as he considers appropriate.
      (3) If the Secretary of State gives such a direction, he must send a copy of it to the person appearing to him to be the manager.
      (4) If the manager persistently fails to comply with the direction (or part of it), the Secretary of State may-
    (a) in the case of a control port which is not a port of entry, revoke any approval in relation to the port given under paragraph 26(1) of Schedule 2 to the 1971 Act;
    (b) in the case of a control port which is a port of entry, by order revoke its designation as a port of entry.
      (5) A direction under this section is enforceable, on the application of the Secretary of State-
    (a) by injunction granted by a county court; or
    (b) in Scotland, by an order under section 45 of the Court of Session Act 1988.
      (6) "Control port" means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the 1971 Act.
      (7) "Facilities" means accommodation, facilities, equipment and services of a class or description specified in an order made by the Secretary of State.
Charges: immigration control.     22. - (1) The Secretary of State may, at the request of any person and in consideration of such charges as he may determine, make arrangements-
    (a) for the provision at any control port of immigration officers or facilities in addition to those (if any) needed to provide a basic service at the port;
    (b) for the provision of immigration officers or facilities for dealing with passengers of a particular description or in particular circumstances.
      (2) "Control port" has the same meaning as in section 21.
      (3) "Facilities" includes equipment.
      (4) "Basic service" has such meaning as may be prescribed.
Deception.     23. In the 1971 Act, after section 24, insert-
"Deception.     24A. - (1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him-
    (a) he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or
    (b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.
      (2) "Enforcement action", in relation to a person, means-
    (a) the giving of directions for his removal from the United Kingdom ("directions") under Schedule 2 to this Act or section 8 of the Immigration and Asylum Act 1999;
    (b) the making of a deportation order against him under section 5 of this Act; or
    (c) his removal from the United Kingdom in consequence of directions or a deportation order.
      (3) A person guilty of an offence under this section is liable-
    (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
    (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
      (4) The extended time limit for prosecutions which is provided for by section 28 applies to an offence under this section."
Facilitation of entry.     24. - (1) Section 25 of the 1971 Act (assisting illegal entry) is amended as follows.
      (2) In subsection (1), for "seven" substitute "ten".
      (3) For subsection (1A) substitute-
    "(1A) Nothing in subsection (1)(b) applies to anything done in relation to a person who-
    (a) has been detained under paragraph 16 of Schedule 2 to this Act; or
    (b) has been granted temporary admission under paragraph 21 of that Schedule.
      (1B) Nothing in subsection (1)(b) applies to anything done by a person otherwise than for gain.
      (1C) Nothing in subsection (1)(b) applies to anything done to assist an asylum claimant by a person in the course of his employment by a bona fide organisation, if the purposes of that organisation include assistance to persons in the position of the asylum claimant.
      (1D) "Asylum claimant" means a person who intends to make a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention or the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom.
      (1E) "Refugee Convention" and "Human Rights Convention" have the meaning given in the Immigration and Asylum Act 1999."
      (4) In subsection (5), for "Subsection (1)(a)" substitute "Paragraphs (a) and (b) of subsection (1)".
False statements etc.     25. - (1) Section 26 of the 1971 Act (general offences in connection with administration of the Act) is amended as follows.
      (2) In subsection (1)(c), for "this Act" substitute "a relevant enactment".
      (3) After subsection (2), insert-
    "(3) "Relevant enactment" means-
    (a) this Act;
    (b) the Immigration Act 1988;
    (c) the Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5); or
    (d) the Immigration and Asylum Act 1999 (apart from Part VI)."
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Prepared 30 July 1999