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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.
 


 
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© Parliamentary copyright 1999
Prepared 22 October 1999