Immigration and Asylum Bill

Immigration and Asylum Bill - continued	House of Lords
SCHEDULE 13, CONSEQUENTIAL AMENDMENTS - continued
Power to require medical examination after entry - continued

back to previous text

65. In Schedule 2, omit paragraph 28.

66. In Schedule 2, in paragraph 29, for "13(1), 16 or 17 of this Act" substitute " 56, 62, 63, 64, 66(1) or (5) or 68 of the Immigration and Asylum Act 1999".

67. In Schedule 2, in paragraph 34 (grant of bail pending removal), in sub-paragraph (1), after "examination" insert ", detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter".

68. In Schedule 3, in paragraph 2(4) (application of certain provisions if person detained under Schedule 3), for "and 18" substitute ",18 and 25A to 25E".

69. In Schedule 3 (supplementary provision as to deportation), in paragraph 3-

(a) for "16 or 17" substitute " 63 or 64 of the Immigration and Asylum Act 1999";

(b) omit "in paragraph 28(2), (3) and (6) and"; and

70. In Schedule 4 (integration of United Kingdom and Islands immigration law), for paragraph 3 (deportation) substitute-

	"3.- (1) This Act has effect in relation to a person who is subject to an Islands deportation order as if the order were a deportation order made against him under this Act.
	(2) Sub-paragraph (1) does not apply if the person concerned is-
	(a) a British citizen;
	(b) an EEA national;
	(c) a member of the family of an EEA national; or
	(d) a member of the family of a British citizen who is neither such a citizen nor an EEA national.
	(3) The Secretary of State does not, as a result of sub-paragraph (1), have power to revoke an Islands deportation order.
	(4) In any particular case, the Secretary of State may direct that paragraph (b), (c) or (d) of sub-paragraph (2) is not to apply in relation to the Islands deportation order.
	(5) Nothing in this paragraph makes it unlawful for a person in respect of whom an Islands deportation order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom.
	(6) "Islands deportation order" means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return.
	(7) Subsections (10) and (12) to (14) of section 77 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section."

The House of Commons Disqualification Act 1975 (c. 24)

71. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)-

(a) omit-

" Adjudicator appointed for the purposes of the Immigration Act 1971"; and

(b) at the appropriate places, insert-

" Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999"; and

"Asylum Support Adjudicator".

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

72. In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices)-

(a) omit-
"Adjudicator appointed for the purposes of the Immigration Act 1971"; and

(b) at the appropriate places, insert-

" Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999"; and

"Asylum Support Adjudicator".

The Protection from Eviction Act 1977 (c.43)

73. In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), after subsection (7), insert-

"(7A) A tenancy or licence is excluded if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999."

The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))

74. In Schedule 1 to the Firearms (Northern Ireland) Order 1981 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 4 insert-

"4A. An offence under paragraph 4 to Schedule 10 of the Immigration and Asylum Act 1999 (assaulting a detainee custody officer)."

The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

75. In Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of orders for periodical payment of money), at the end, insert-

"(k) section 112 of the Immigration and Asylum Act 1999."

The Marriage Act 1983 (c.32)

76. In section 1 of the Marriage Act 1983 (marriages of house-bound and detained persons in England and Wales)-

(a) in subsection (1), for "a superintendent registrar's certificate" substitute "certificates of a superintendent registrar"; and

(b) in subsection (2)(a), for "the notice" substitute "each notice".

The Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))

77. In Schedule 2 to the Housing (Northern Ireland) Order 1983 (tenancies which are not secure tenancies), after paragraph 3, insert-

	"Accommodation for asylum-seekers
	3A. - (1) A tenancy is not a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
	(2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy."

The Rent (Scotland) Act 1984 (c.58)

78. In section 23A of the Rent (Scotland) Act 1984 (excluded tenancies and occupancy rights), after subsection (5) insert-

"(5A) Nothing in section 23 of this Act applies to a tenancy or right of occupancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999."

The Police and Criminal Evidence Act 1984 (c.60)

79. - (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 8 (power of justice to authorise entry and search of premises), at the end insert-

"(6) This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence."

(3) In section 22 (retention), at the end insert-

"(6) This section also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971."

(4) In section 61 (fingerprints), in subsection (9)(a), after "1971" insert ", section 140 of the Immigration and Asylum Act 1999 or regulations made under section 143 of that Act".

The Housing Act 1985 (c.68)

80. In Schedule 1 to the Housing Act 1985 (tenancies which cannot be secure tenancies), after paragraph 4, insert-

	"Accommodation for asylum-seekers
	4A. - (1) A tenancy is not a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
	(2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy."

The Housing (Scotland) Act 1987 (c.26)

81. In Schedule 2 to the Housing (Scotland) Act 1987 (tenancies which cannot be secure tenancies), after paragraph 5 insert-

	"Accommodation for asylum-seekers
	5A. - (1) A tenancy shall not be a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
	(2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy."

The Immigration Act 1988 (c.14)

82. The Immigration Act 1988 is amended as follows.

83. Omit section 5 (restricted right of appeal against deportation in cases of breach of limited leave).

84. Omit section 8 (examination of passengers before arrival).

85. Omit section 9 (charges).

The Housing (Scotland) Act 1988 (c.43)

86. In Schedule 4 to the Housing (Scotland) Act 1988 (tenancies which cannot be assured tenancies), after paragraph 11A insert-

	"Accommodation for asylum-seekers
	11B. A tenancy granted under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under Part VI of the Immigration and Asylum Act 1999."

The Housing Act 1988 (c.50)

87. In Schedule 1 to the Housing Act 1988 (tenancies which are not assured tenancies), after paragraph 12, insert-

	"Accommodation for asylum-seekers
	12A. - (1) A tenancy granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under Part VI of the Immigration and Asylum Act 1999.
	(2) "Private landlord" means a landlord who is not within section 80(1) of the Housing Act 1985."

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)

88. - (1) Paragraph 10 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (requirements on captain of ship or aircraft with respect to passengers and crew) is amended as follows.

(2) In sub-paragraph (4), for "unless he is subject to the requirements of an order under paragraph 27(2) of Schedule 2 to the Immigration Act 1971 and subject to sub-paragraph (6)" substitute "subject to sub-paragraphs (5A) and (6)".

(3) After sub-paragraph (5), insert-

	"(5A) Sub-paragraph (4) above does not apply to the extent that the information mentioned in sub-paragraph (5) above is the subject of-
	(a) an order under paragraph 27(2) of Schedule 2 to the Immigration Act 1971 in relation to the arrival of the ship or aircraft, or
	(b) a request made to the owner or agent of the ship or aircraft under paragraph 27B of that Schedule in relation to the arrival of the ship or aircraft."

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

89. - (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.

(2) In Article 10 (provision for Northern Ireland corresponding to section 8 of the 1984 Act), at the end insert-

"(6) This Article applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence."

(3) In Article 24 (provision for Northern Ireland corresponding to section 22 of the 1984 Act), at the end insert-

"(6) This Article also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971."

(4) In Article 61 (fingerprints) in paragraph (9)(a), after "1971" insert ", section 140 of the Immigration and Asylum Act 1999 or regulations made under section 143 of that Act".

The Courts and Legal Services Act 1990 (c.41)

90. - (1) The Courts and Legal Services Act 1990 is amended as follows.

(2) In Schedule 10 (judicial and other appointments), omit paragraph 34.

(3) In Schedule 11 (judges etc barred from legal practice), in the entry relating to the Immigration Appeal Tribunal, omit "appointed under Schedule 5 to the Immigration Act 1971" and after that entry insert-

" Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)".

The Social Security Contributions and Benefits Act 1992 (c.4)

91. In the Social Security Contributions and Benefits Act 1992, omit section 146A (persons subject to immigration control).

Prepared 22 October 1999