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Clause 10 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 6, line 32, leave out from ("section") to ("prevents") in line 33 and insert (" 13") | |
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Clause 11 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 7, line 12, leave out from ("section") to ("prevents") in line 13 and insert (" 13") | |
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Page 7, line 28, leave out from ("section") to ("prevents") in line 29 and insert (" 13") | |
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After Clause 12 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Insert the following new Clause-- | |
| | (" .--(1) Directions for, or requiring arrangements to be made for, the removal of a person from the United Kingdom may include or be amended to include provision for the person who is to be removed to be accompanied by an escort consisting of one or more persons specified in the directions.
(2) The Secretary of State may by regulations make further provision supplementing subsection (1).
(3) The regulations may, in particular, include provision--
(a) requiring the person to whom the directions are given to provide for the return of the escort to the United Kingdom;
(b) requiring him to bear such costs in connection with the escort (including, in particular, remuneration) as may be prescribed;
(c) as to the cases in which the Secretary of State is to bear those costs;
(d) prescribing the kinds of expenditure which are to count in calculating the costs incurred in connection with escorts.") | Escorts for persons removed from the United Kingdom under directions. |
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Clause 22 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 15, line 40, leave out from ("the") to end of line 42 and insert ("Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;") | |
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Page 15, line 43, at end insert ("after consulting the Registrar General in Northern Ireland") | |
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After Clause 28 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Insert the following new Clause-- | |
| | (" .--(1) It is a defence for a refugee charged with an offence to which this section applies to show that, having come to the United Kingdom directly from a country where his life or freedom was threatened (within the meaning of the Refugee Convention) he--
(a) presented himself to the authorities in the United Kingdom without delay;
(b) showed good cause for his illegal entry or presence; and
(c) made a claim for asylum as soon as was reasonably practicable after his arrival in the United Kingdom.
(2) If, in coming from the country where his life or freedom was threatened, the refugee stopped in another country outside the United Kingdom, subsection (1) applies only if he shows that he could not reasonably have expected to be given protection under the Refugee Convention in that other country.
(3) In England and Wales and Northern Ireland, the offences to which this section applies are any offence, and any attempt to commit an offence, under-- | Defences based on
Article 31(1) of
the Refugee
Convention:
No. 2. |
| | (a) Part I of the Forgery and Counterfeiting Act 1981 (forgery and connected offences);
(b) section 24A of the 1971 Act (deception); or
(c) section 26(1)(d) of the 1971 Act (falsification of documents).
(4) In Scotland, the offences to which this section applies are those--
(b) of uttering a forged document,
(c) under section 24A of the 1971 Act (deception), or
(d) under section 26(1)(d) of the 1971 Act (falsification of documents),
and any attempt to commit any of those offences.
(5) A refugee who has made a claim for asylum is not entitled to the defence provided by subsection (1) in relation to any offence committed by him after making that claim.
(6) Refugee" has the same meaning as it has for the purposes of the Refugee Convention.
(7) If the Secretary of State has refused to grant a claim for asylum made by a person who claims that he has a defence under subsection (1), that person is to be taken not to be a refugee unless he shows that he is.
(8) A person who--
(a) was convicted in England and Wales or Northern Ireland of an offence to which this section applies before the commencement of this section, but
(b) at no time during the proceedings for that offence argued that he had a defence based on Article 31(1),
may apply to the Criminal Cases Review Commission with a view to his case being referred to the Court of Appeal by the Commission on the ground that he would have had a defence under this section had it been in force at the material time.
(9) A person who--
(a) was convicted in Scotland of an offence to which this section applies before the commencement of this section, but
(b) at no time during the proceedings for that offence argued that he had a defence based on Article 31(1),
may apply to the Scottish Criminal Cases Review Commission with a view to his case being referred to the High Court of Justiciary by the Commission on the ground that he would have had a defence under this section had it been in force at the material time.
(10) The Secretary of State may by order amend--
by adding offences to, or removing offences from, those for the time being listed there.
(11) Before making an order under subsection (10)(b), the Secretary of State must consult the Scottish ministers.") | 1981 c. 45. |
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Clause 30 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 20, line 1, after ("must") insert ("--
(a) consult such persons as he considers appropriate; and
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Page 20, line 2, at end insert--
("( ) The requirement of subsection (2)(a) may be satisfied by consultation before the passing of this Act.") | |
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Clause 50 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 37, line 43, at end insert--
("( ) In so far as regulations under this section relate to the sheriff or the Court of Session, the Lord Chancellor must obtain the consent of the Scottish Ministers before giving his approval.") | |
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Clause 70 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 46, line 43, leave out ("could reasonably") | |
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Page 46, line 44, at beginning insert ("could reasonably") | |
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Page 47, line 1, at beginning insert ("could reasonably") | |
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Clause 72 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 49, line 12, leave out ("74 or ("one-stop" appeals: other cases)") and insert ("or 74") | |
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Clause 93 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 64, line 23, at end insert--
("( ) Schedule (Provision of Support: Regulations) gives the Secretary of State power to make regulations supplementing this section.") | |
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Clause 96 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Leave out Clause 96 | |
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Clause 115 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 77, line 40, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") | |
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Page 77, line 42, after ("(7)") insert ("of that section and in that paragraph") | |
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Clause 116 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 78, line 6, at end insert ("solely--
(a) because he is destitute; or
(b) because of the physical effects, or anticipated physical effects, of his being destitute.
(4B) Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority."") | |
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Page 78, line 12, at end insert ("solely--
(a) because he is destitute; or
(b) because of the physical effects, or anticipated physical effects, of his being destitute.
(2B) Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local social services authority."") | |
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Clause 119 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 79, line 41, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") | |
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Page 79, line 43, after ("(7)") insert ("of that section and in that paragraph") | |
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Page 80, line 5, at end insert ("solely--
(a) because he is destitute; or
(b) because of the physical effects, or anticipated physical effects, of his being destitute.
(5) Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority."") | |
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Page 80, line 10, at end insert ("solely--
(a) because he is destitute; or
(b) because of the physical effects, or anticipated physical effects, of his being destitute.
(4) Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority."") | |
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Page 80, line 16, at end insert ("solely--
(a) because he is destitute; or
(b) because of the physical effects, or anticipated physical effects, of his being destitute.
(4) Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.") | |
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Page 80, line 21, at end insert ("solely--
(a) because he is destitute; or
(b) because of the physical effects, or anticipated physical effects, of his being destitute.
(5) Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.") | |
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Clause 120 | |
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BY THE LORD BASSAM OF BRIGHTON | |
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Page 80, line 29, at end insert ("solely--
(a) because he is destitute; or
(b) because of the physical effects, or anticipated physical effects, of his being destitute.
(3A) Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of paragraph (3) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in paragraph 2 of that Schedule to the Secretary of State substitute references to the Department."") | |
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Page 80, line 39, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") | |
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Page 80, line 41, after ("(7)") insert ("of that section and in paragraph 2 of that Schedule") | |
