UK Borders Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

UK Borders Bill

UK Borders Bill
26

Border and Immigration Inspectorate
47
Establishment
(1)
The Secretary of State shall appoint a person as Chief Inspector of the Border
and Immigration Agency.
(2)
The Chief Inspector shall monitor and report on the efficiency and
5
effectiveness of the Border and Immigration Agency; in particular, the Chief
Inspector shall consider and make recommendations about—
(a)
consistency of approach within the Border and Immigration Agency,
(b)
the practice and performance of the Border and Immigration Agency
compared to other persons doing similar things,
10
(c)
practice and procedure in making decisions,
(d)
the treatment of claimants and applicants,
(e)
certification under section 94 of the Nationality, Immigration and
Asylum Act 2002 (c. 41) (unfounded claim),
(f)
compliance with law about discrimination in the exercise of functions,
15
including reliance on section 19D of the Race Relations Act 1976 (c. 74)
(exception for immigration functions),
(g)
practice and procedure in relation to the exercise of enforcement
powers (including powers of arrest, entry, search and seizure),
(h)
the provision of information,
20
(i)
the handling of complaints, and
(j)
the content of information about conditions in countries outside the
United Kingdom which the Secretary of State compiles and makes
available, for purposes connected with immigration and asylum, to
immigration officers and other officials.
25
(3)
In this section “the Border and Immigration Agency” means—
(a)
immigration officers, and
(b)
other officials of the Secretary of State, and the Secretary of State, in
respect of functions relating to immigration, asylum or nationality.
(4)
The Chief Inspector shall not aim to investigate individual cases (although this
30
subsection does not prevent the Chief Inspector from considering or drawing
conclusions about an individual case for the purpose of, or in the context of,
considering a general issue).
48
Chief Inspector: supplemental
(1)
The Secretary of State shall pay remuneration and allowances to the Chief
35
Inspector.
(2)
The Secretary of State—
(a)
shall before the beginning of each financial year specify a maximum
sum which the Chief Inspector may spend on functions for that year,
(b)
may permit that to be exceeded for a specified purpose, and
40
(c)
shall defray the Chief Inspector’s expenditure for each financial year
subject to paragraphs (a) and (b).
(3)
The Chief Inspector shall hold and vacate office in accordance with terms of
appointment (which may include provision about retirement, resignation or
dismissal).
45

UK Borders Bill
27

(4)
The Chief Inspector may appoint staff.
(5)
A person who is employed by or in any of the following may not be appointed
as Chief Inspector—
(a)
a government department,
(b)
the Scottish Administration,
5
(c)
the National Assembly for Wales, and
(d)
a department in Northern Ireland.
49
Reports
(1)
The Chief Inspector shall report in writing to the Secretary of State—
(a)
once each calendar year, in relation to the performance of the functions
10
under section 47 generally, and
(b)
at other times as requested by the Secretary of State in relation to
specified matters.
(2)
The Secretary of State shall lay before Parliament a copy of any report received
under subsection (1).
15
(3)
But a copy may omit material if the Secretary of State thinks that its
publication—
(a)
is undesirable for reasons of national security, or
(b)
might jeopardise an individual’s safety.
50
Plans
20
(1)
The Chief Inspector shall prepare plans describing the objectives and terms of
reference of proposed inspections.
(2)
Plans shall be prepared—
(a)
at prescribed times and in respect of prescribed periods, and
(b)
at such other times, and in respect of such other periods, as the Chief
25
Inspector thinks appropriate.
(3)
A plan must—
(a)
be in the prescribed form, and
(b)
contain the prescribed information.
(4)
In preparing a plan the Chief Inspector shall consult—
30
(a)
the Secretary of State, and
(b)
prescribed persons.
(5)
As soon as is reasonably practicable after preparing a plan the Chief Inspector
shall send a copy to—
(a)
the Secretary of State, and
35
(b)
each prescribed person.
(6)
The Chief Inspector and a prescribed person may by agreement disapply a
requirement—
(a)
to consult the person, or
(b)
to send a copy of a plan to the person.
40
(7)
Nothing in this section prevents the Chief Inspector from doing anything not
mentioned in a plan.

UK Borders Bill
28

51
Relationship with other bodies: general
(1)
The Chief Inspector shall cooperate with prescribed persons in so far as the
Chief Inspector thinks it consistent with the efficient and effective performance
of the functions under section 47.
(2)
The Chief Inspector may act jointly with prescribed persons where the Chief
5
Inspector thinks it in the interests of the efficient and effective performance of
the functions under section 47.
(3)
The Chief Inspector may assist a prescribed person.
(4)
The Chief Inspector may delegate a specified aspect of the functions under
section 47 to a prescribed person.
10
52
Relationship with other bodies: non-interference notices
(1)
Subsection (2) applies if the Chief Inspector believes that—
(a)
a prescribed person proposes to inspect any aspect of the work of the
Border and Immigration Agency, and
(b)
the inspection may impose an unreasonable burden on the Agency.
15
(2)
The Chief Inspector may give the prescribed person a notice prohibiting a
specified inspection.
(3)
The prescribed person shall comply with the notice, unless the Secretary of
State cancels it on the grounds that the inspection would not impose an
unreasonable burden on the Agency.
20
(4)
A notice must—
(a)
be in the prescribed form, and
(b)
contain the prescribed information.
(5)
The Secretary of State may by order make provision about—
(a)
the timing of notices;
25
(b)
the publication of notices;
(c)
the revision or withdrawal of notices.
53
Abolition of other bodies
The following shall cease to have effect—
(a)
section 19E of the Race Relations Act 1976 (c. 74) (monitor of
30
immigration exception),
(b)
section 34 of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(Monitor of Accommodation Centres),
(c)
section 111 of that Act (monitor of certification of claims as unfounded),
and
35
(d)
section 142 of that Act (Advisory Panel on Country Information).
54
Prescribed matters
(1)
In sections 47 to 52 “prescribed” means prescribed by order of the Secretary of
State.
(2)
An order under any of those sections—
40
(a)
may make provision generally or only for specified purposes,

UK Borders Bill
29

(b)
may make different provision for different purposes, and
(c)
may include incidental or transitional provision.
(3)
An order under any of those sections prescribing a person may specify—
(a)
one or more persons, or
(b)
a class of person.
5
(4)
An order under any of those sections—
(a)
shall be made by statutory instrument, and
(b)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
55
Senior President of Tribunals
10
(1)
At the end of section 43(3) of the Tribunals, Courts and Enforcement Act 2007
(report by Senior President of Tribunals) add—

“, and
(e)
cases coming before the Asylum and Immigration Tribunal.”
(2)
In exercising the function under section 43 of the Tribunals, Courts and
15
Enforcement Act 2007 the Senior President of Tribunals shall have regard to—
(a)
the functions of the Chief Inspector of the Border and Immigration
Agency, and
(b)
in particular, the Secretary of State’s power to request the Chief
Inspector to report about specified matters.
20
General
56
Money
The following shall be paid out of money provided by Parliament—
(a)
any expenditure of a Minister of the Crown in consequence of this Act,
and
25
(b)
any increase attributable to this Act in sums payable out of money
provided by Parliament under another enactment.
57
Repeals
The enactments listed in the Schedule are repealed to the extent specified.
58
Commencement
30
(1)
Section 17 comes into force on the day on which this Act is passed.
(2)
The other preceding provisions of this Act shall come into force in accordance
with provision made by the Secretary of State by order.
(3)
An order—
(a)
may make provision generally or only for specified purposes,
35
(b)
may make different provision for different purposes, and
(c)
may include incidental, consequential or transitional provision.
(4)
In particular, transitional provision—

UK Borders Bill
30

(a)
in the case of an order commencing section 16, may permit the adding
of a condition to leave given before the passing of this Act;
(b)
in the case of an order commencing section 24, may permit an order to
be made in proceedings instituted before the passing of this Act;
(c)
in the case of an order commencing section 25, may permit an order or
5
regulations to have effect in relation to property which came into the
possession of an immigration officer or the Secretary of State before the
passing of this Act;
(d)
in the case of an order commencing section 31—
(i)
may provide for the section to apply to persons convicted
10
before the passing of this Act who are in custody at the time of
commencement or whose sentences are suspended at the time
of commencement;
(ii)
may modify the application of the section in relation to those
persons so as to disapply, or apply only to a specified extent,
15
Condition 2.
(5)
An order shall be made by statutory instrument.
59
Extent
(1)
Sections 1 to 4, 24 and 30(1) and (2) extend to—
(a)
England and Wales, and
20
(b)
Northern Ireland.
(2)
Other provisions of this Act extend (subject to subsection (3)) to—
(a)
England and Wales,
(b)
Scotland, and
(c)
Northern Ireland.
25
(3)
A provision of this Act which amends another Act shall (subject to subsection
(1)) have the same extent as the relevant part of the amended Act (ignoring
extent by virtue of an Order in Council).
(4)
Her Majesty may by Order in Council direct that a provision of this Act is to
extend, with or without modification or adaptation, to—
30
(a)
any of the Channel Islands;
(b)
the Isle of Man.
60
Citation
(1)
This Act may be cited as the UK Borders Act 2007.
(2)
A reference (in any enactment, including one passed or made before this Act)
35
to “the Immigration Acts” is to—
(a)
the Immigration Act 1971 (c. 77),
(b)
the Immigration Act 1988 (c. 14),
(c)
the Asylum and Immigration Appeals Act 1993 (c. 23),
(d)
the Asylum and Immigration Act 1996 (c. 49),
40
(e)
the Immigration and Asylum Act 1999 (c. 33),
(f)
the Nationality, Immigration and Asylum Act 2002 (c. 41),
(g)
the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.
19),

UK Borders Bill
31

(h)
the Immigration, Asylum and Nationality Act 2006 (c. 13), and
(i)
this Act.
(3)
Section 64(2) of the Immigration, Asylum and Nationality Act 2006 (meaning
of “Immigration Acts”) shall cease to have effect.
(4)
In the definition of “The Immigration Acts” in Schedule 1 to the Interpretation
5
Act 1978 (c. 30) (defined expressions) for “section 64 of the Immigration,
Asylum and Nationality Act 2006” substitute “section 60 of the UK Borders Act
2007”.