Immigration and Asylum Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Schedule 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
256     Page 138, line 35, after ("officer") insert ("or prisoner custody officer") 
257     Page 138, line 38, at end insert ("; or 
 
    (b)  an act or omission of a prisoner custody officer so far as it falls to be investigated by a prisoner escort monitor under section 81 of the Criminal Justice Act 1991 or under section 103 or 119 of the Criminal Justice and Public Order Act 1994.")
1991 c. 53.
1994 c. 33.
258     Page 139, line 19, leave out ("detainee custody officer") and insert ("person ("A")") 
259     Page 139, line 20, leave out ("place of detention") and insert ("detention centre") 
260     Page 139, line 23, leave out ("the detainee custody officer") and insert ("A") 
261     Page 139, line 24, at end insert--
 
    ("(2A)  Sub-paragraph (2B) applies if a detained person for whose delivery or custody a person ("B") has been responsible in accordance with escort arrangements is delivered to a prison.
 
    (2B)  The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible.")
 
262     Page 139, leave out line 32 
263     Page 139, line 34, after ("rules") insert ("or prison rules") 
264     Page 139, line 35, at end insert--
 
    ("(  )  Prison rules" means--
 
 
    (a)  rules made under section 47 of the Prison Act 1952;
1952 c. 52.
 
    (b)  rules made under section 19 of the Prisons (Scotland) Act 1989;
1989 c. 45.
 
    (c)  rules made under section 13 of the Prison Act (Northern Ireland) 1953.")
1953 c. 18 (N.I.).
  
Clause 153
 
  
BY THE LORD BASSAM OF BRIGHTON
 
265     Page 103, line 32, after ("or") insert ("certified") 
  
Before Clause 159
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA
 
266     Insert the following new Clause-- 
     ("  .  It is unlawful to do any act which constitutes racial discrimination when exercising any powers under this Act or any other of the Immigration Acts.")Racial discrimination.
  
After Clause 159
 
  
BY THE LORD BASSAM OF BRIGHTON
 
267     Insert the following new Clause-- 
     ("  .  In the 1971 Act, after section 31, insert--Procedural requirements as to applications.
 Procedural requirement as to applications.     31A.--(1)  If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form.
 
    (2)  If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind.
 
    (3)  Prescribed" means prescribed in regulations made by the Secretary of State.
 
    (4)  The power to make regulations under this section is exercisable by statutory instrument.
 
    (5)  Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."")
 
  
Clause 160
 
  
BY THE LORD BASSAM OF BRIGHTON
 
268     Page 108, line 22, at end insert--
    ("(  )  section (Defences based on Article 31 of the Refugee Convention)(11),")
 
  
BY THE LORD COPE OF BERKELEY
THE BARONESS WILLIAMS OF CROSBY
 
269     Page 108, leave out lines 24 and 25 and insert--
    ("(d)  Part VI,
    (e)  paragraph 1 of Schedule 8, or")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
270     Page 108, line 25, after ("92(3),") insert--
    ("(  )  section 139(15),")
 
  
BY THE LORD COPE OF BERKELEY
 
271     Page 108, line 27, after ("unless") insert ("a Minister has certified that the proposed order is compatible with the Human Rights Convention and") 
  
BY THE LORD BASSAM OF BRIGHTON
 
272*     Page 108, line 31, at end insert--
    ("(  )  section (Applications for bail in immigration cases);")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
273     Page 108, line 32, at end insert (", or
    (d)  section 149")
 
  
BY THE LORD COPE OF BERKELEY
 
274     Page 108, line 33, after ("unless") insert ("a Minister has certified that the proposed regulations are compatible with the Human Rights Convention and") 
275     Page 108, line 34, at end insert--
 
    (  )  No amendment to the immigration rules under the 1971 Act shall be made unless a Minister has certified that the proposed amendment is compatible with the Human Rights Convention and a draft of the amendment has been laid before, and approved by resolution of, both Houses of Parliament.")
 
  
BY THE LORD GOODHART
 
276     Page 108, line 38, at end insert--
 
    ("(  )  Any statutory instrument or draft statutory instrument laid before either House of Parliament under this Act must be accompanied by a certificate by the Minister in charge of the instrument to the effect that he is satisfied that the instrument is compatible with the European Convention on Human Rights.")
 
  
Clause 164
 
  
BY THE LORD BASSAM OF BRIGHTON
 
277     Page 110, line 6, leave out subsection (2) and insert--
 
    ("(  )  Subsections (1) and (2) of section 111 come into force on the day on which the first regulations made under Schedule (Provision of Support: Regulations) come into force.")
 
278     Page 110, line 8, leave out subsection (3) and insert--
 
    ("(3)  The following provisions come into force on the passing of this Act--
    (a)  section (Accommodation centres for those temporarily admitted or released from detention);
    (b)  section 7;
    (c)  section (Protection of claimants from removal or deportation);
    (d)  section (Charges: travel documents);
    (e)  section (Defences based on Article 31 of the Refugee Convention);
    (f)  section 89;
    (g)  section 90(12);
    (h)  sections 101 to 105;
    (i)  section 106(1), (1A) and (4) (so far as relating to subsections (1) and (1A));
    (j)  section 107;
    (k)  section 120;
    (l)  section 136;
    (m)  section 141;
    (n)  section 142(1);
    (o)  section 160 to 162;
    (p)  this section;
    (q)  Schedule 8;
    (r)  paragraphs 57(2), 64, 67, 68, 70, 71, 76, 77 and 90A of Schedule 13;
    (s)  paragraph 6 of Schedule 14.")
 
  
BY THE LORD AVEBURY
 
279     Page 110, line 14, at end insert--
 
    ("(  )  A day for the entry into force of Part VI of this Act in Northern Ireland shall not be appointed until an assessment has been carried out under section 75 and Schedule 9 of the Northern Ireland Act 1998.")
 
 
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