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 amended on Report in the House of Lords and printed on 20 October 1999

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. Accommodation for those temporarily admitted or released from detention.

5. Charges.

Exemption from immigration control

6. Members of missions other than diplomatic agents.

7. Persons ceasing to be exempt.

Removal from the United Kingdom

8. Treatment of certain overstayers.

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

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

11. Removal of asylum claimants in other circumstances.

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

13. Protection of claimants from removal or deportation.

Provision of financial security

14. Security on grant of entry clearance.

15. Provision of further security on extension of leave.

Information

16. Passenger information.

17. Notification of non-EEA arrivals.

18. Supply of information to Secretary of State.

19. Supply of information by Secretary of State.

Employment: code of practice

20. Restrictions on employment: code of practice.

Monitoring entry clearance

21. Monitoring refusals of entry clearance.

Reporting suspicious marriages

22. Duty to report suspicious marriages.

Immigration control: facilities and charges

23. Provision of facilities for immigration control at ports.

24. Charges: immigration control.

Charges: travel documents

25. Charges: travel documents.

Offences

26. Deception.

27. Facilitation of entry.

28. False statements etc.

PART II

CARRIERS' LIABILITY

Clandestine entrants

29. Penalty for carrying clandestine entrants.

30. Code of practice.

31. Defences to claim that penalty is due under section 29.

32. Procedure.

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

34. Effect of detention.

35. Assisting illegal entry and harbouring.

36. Rail freight.

Passengers without proper documents

37. Charges in respect of passengers without proper documents.

38. Visas for transit passengers.

39. Power to detain vehicles etc. in connection with charges under section 37.

Interpretation

40. Interpretation of Part II.

PART III

BAIL

Routine bail hearings

41. Bail hearings for detained persons.

42. Location of bail hearings.

43. General right to be released on bail.

44. Powers exercisable on granting bail.

45. Forfeiture.

46. Forfeiture of securities.

47. Power of arrest.

Procedure

48. Procedure.

49. Use of live television links at bail hearings.

Bail hearings under other enactments

50. Applications for bail in immigration cases.

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

Grants

52. Grants to voluntary organisations.

PART IV

APPEALS

The appellate authorities

53. The Immigration Appeal Tribunal.

54. Adjudicators.

Appeals

55. General.

Leave to enter

56. Leave to enter the United Kingdom.

57. Limitations on rights of appeal under section 56.

Variation of limited leave to enter or remain

58. Variation of limited leave to enter or remain.

59. Limitations on rights of appeal under section 58.

Deportation

60. Deportation orders.

61. Limitations on rights of appeal under section 60.

Human rights

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

Directions for removal

63. Validity of directions for removal.

Objection to destination

64. Removal on objection to destination.

65. Limitations on rights of appeal under section 64.

Asylum

66. Claims for asylum.

67. Limitations on rights of appeal under section 66.

Removal to safe countries

68. Removal of asylum claimants to safe third countries.

Miscellaneous

69. Miscellaneous limitations on rights of appeal.

70. Limitation on further appeals.

"One-stop" procedure

71. Duty to disclose grounds for appeal etc.

72. Duty to disclose grounds for entering etc the United Kingdom.

73. Result of failure to comply with section 71.

74. "One-stop" appeals.

75. Transfer of appellate proceedings.

Appeals without merit

76. Penalty on continuing an appeal without merit.

EEA nationals

77. EEA nationals.

Grants

78. Grants to voluntary organisations.

PART V

IMMIGRATION ADVISERS AND IMMIGRATION SERVICE PROVIDERS

Interpretation

79. Interpretation of Part V.

The Immigration Services Commissioner

80. The Commissioner.

The general prohibition

81. Provision of immigration services.

82. Registration and exemption by the Commissioner.

83. Designated professional bodies.

The Immigration Services Tribunal

84. The Tribunal.

85. Appeal upheld by the Tribunal.

86. Disciplinary charge upheld by the Tribunal.

87. Orders by disciplinary bodies.

Enforcement

88. Offences.

89. Enforcement.

Miscellaneous

90. Information.

PART VI

SUPPORT FOR ASYLUM-SEEKERS

Interpretation

91. Interpretation of Part VI.

92. Eligibility for social security benefits.

Provision of support

93. Persons for whom support may be provided.

94. Ways in which support may be provided.

95. Supplemental.

96. Secretary of State's scheme.

97. Temporary support.

Support and assistance by local authorities etc.

98. Provision of support by local authorities.

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

100. Reception zones.

Appeals

101. Asylum Support Adjudicators.

102. Appeals.

103. Secretary of State's rules.

Offences

104. False representations.

105. Dishonest representations.

106. Delay or obstruction.

107. Failure of sponsor to maintain.

108. Supplemental.

Expenditure

109. Payments to local authorities.

110. Grants to voluntary organisations.

111. Recovery of expenditure on support: misrepresentation etc.

112. Recovery of expenditure on support from sponsor.

113. Overpayments.

Exclusions

114. Exclusion from benefits.

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

116. Other restrictions on assistance: England and Wales.

117. Housing authority accommodation.

118. Homelessness: Scotland and Northern Ireland.

119. Other restrictions on assistance: Scotland.

120. Other restrictions on assistance: Northern Ireland.

121. Support for children.

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

Miscellaneous

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

124. Entry of premises.

125. Information from property owners.

126. Requirement to supply information about redirection of post.

PART VII

POWER TO ARREST, SEARCH AND FINGERPRINT

Power to arrest

127. Arrest without warrant.

Power to search and arrest

128. Search and arrest by warrant.

129. Search and arrest without warrant.

Power to enter and search premises

130. Entry and search of premises.

131. Entry and search of premises following arrest.

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

Power to search persons

133. Searching arrested persons.

134. Searching persons in police custody.

Seized material: access and copying

135. Access and copying.

Search warrants

136. Search warrants: safeguards.

137. Execution of warrants.

138. Interpretation.

Detention

139. Detention of persons liable to examination or removal.

Fingerprinting

140. Fingerprinting.

141. Attendance for fingerprinting.

142. Destruction of fingerprints.

143. Other methods of collecting data about physical characteristics.

Codes of practice

144. Codes of practice.

Use of force

145. Use of force.

PART VIII

DETENTION CENTRES AND DETAINED PERSONS

Interpretation

146. Interpretation of Part VIII.

Detention centres

147. Management of detention centres.

148. Contracting out of certain detention centres.

149. Contracted out functions at directly managed detention centres.

150. Intervention by Secretary of State.

151. Visiting Committees and inspections.

152. Detention centre rules.

Custody and movement of detained persons

153. Detainee custody officers.

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

155. Arrangements for the provision of escorts and custody.

156. Short-term holding facilities.

Miscellaneous

157. Wrongful disclosure of information.

158. Power of constable to act outside his jurisdiction.

PART IX

REGISTRAR'S CERTIFICATES: PROCEDURE

159. Abolition of certificate by licence.

160. Notice of marriage.

161. Power to require evidence.

162. Refusal to issue certificate.

PART X

MISCELLANEOUS AND SUPPLEMENTAL

163. Institution of proceedings.

164. Procedural requirements as to applications.

165. Regulations and orders.

166. Interpretation.

167. Expenditure and receipts.

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

169. 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 22 October 1999