|
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(1) | The Secretary of State or an immigration officer may by notice in writing |
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impose a condition on a designated person. |
| |
(2) | A condition may relate to— |
| |
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(b) | employment or occupation, or |
| |
(c) | reporting to the police, the Secretary of State or an immigration officer. |
| |
(3) | Section 36 of the Asylum and Immigration (Treatment of Claimants, etc.) Act |
| |
2004 (c. 19) (electronic monitoring) shall apply in relation to conditions |
| |
imposed under this section as it applies to restrictions imposed under |
| 10 |
paragraph 21 of Schedule 2 to the Immigration Act 1971 (c. 77) (with a reference |
| |
to the Immigration Acts being treated as including a reference to this section). |
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(4) | Section 69 of the Nationality, Immigration and Asylum Act 2002 (c. 41) |
| |
(reporting restrictions: travel expenses) shall apply in relation to conditions |
| |
imposed under subsection (2)(c) above as it applies to restrictions imposed |
| 15 |
under paragraph 21 of Schedule 2 to the Immigration Act 1971. |
| |
(5) | A person who without reasonable excuse fails to comply with a condition |
| |
imposed under this section commits an offence. |
| |
(6) | A person who is guilty of an offence under subsection (5) shall be liable on |
| |
| 20 |
(a) | a fine not exceeding level 5 on the standard scale, |
| |
(b) | imprisonment for a period not exceeding 51 weeks, or |
| |
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(7) | A provision of the Immigration Act 1971 which applies in relation to an offence |
| |
under any provision of section 24(1) of that Act (illegal entry etc.) shall also |
| 25 |
apply in relation to the offence under subsection (5) above. |
| |
(8) | In the application of this section to Scotland or Northern Ireland the reference |
| |
in subsection (6)(b) to 51 weeks shall be treated as a reference to six months. |
| |
| |
(1) | Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum- |
| 30 |
seekers) shall apply in relation to designated persons and their dependants as |
| |
it applies in relation to asylum-seekers and their dependants. |
| |
(2) | But the following provisions of that Part shall not apply— |
| |
(a) | section 96 (kinds of support), |
| |
(b) | section 97(1)(b) (desirability of providing accommodation in well- |
| 35 |
| |
(c) | section 100 (duty to co-operate in providing accommodation), |
| |
(d) | section 101 (reception zones), |
| |
(e) | section 108 (failure of sponsor to maintain), |
| |
(f) | section 111 (grants to voluntary organisations), and |
| 40 |
(g) | section 113 (recovery of expenditure from sponsor). |
| |
(3) | Support may be provided under section 95 of the 1999 Act as applied by this |
| |
| |
| |
| |
|
| |
| |
(a) | by providing accommodation appearing to the Secretary of State to be |
| |
adequate for a person’s needs; |
| |
(b) | by providing what appear to the Secretary of State to be essential living |
| |
| |
(c) | in other ways which the Secretary of State thinks necessary to reflect |
| 5 |
exceptional circumstances of a particular case. |
| |
(4) | Support by virtue of subsection (3) may not be provided wholly or mainly by |
| |
way of cash unless the Secretary of State thinks it appropriate because of |
| |
exceptional circumstances. |
| |
(5) | Section 4 of the 1999 Act (accommodation) shall not apply in relation to |
| 10 |
| |
(6) | A designated person shall not be treated— |
| |
(a) | as a person subject to immigration control, for the purposes of section |
| |
119(1)(b) of the 1999 Act (homelessness: Scotland and Northern |
| |
| 15 |
(b) | as a person from abroad who is not eligible for housing assistance, for |
| |
the purposes of section 185(4) of the Housing Act 1996 (c. 52) (housing |
| |
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134 | Support: supplemental |
| |
(1) | A reference in an enactment to Part VI of the 1999 Act or to a provision of that |
| 20 |
Part includes a reference to that Part or provision as applied by section 133 |
| |
above; and for that purpose— |
| |
(a) | a reference to section 96 shall be treated as including a reference to |
| |
| |
(b) | a reference to a provision of section 96 shall be treated as including a |
| 25 |
reference to the corresponding provision of section 133(3), and |
| |
(c) | a reference to asylum-seekers shall be treated as including a reference |
| |
| |
(2) | A provision of Part VI of the 1999 Act which requires or permits the Secretary |
| |
of State to have regard to the temporary nature of support shall be treated, in |
| 30 |
the application of Part VI by virtue of section 133 above, as requiring the |
| |
Secretary of State to have regard to the nature and circumstances of support by |
| |
| |
(3) | Rules under section 104 of the 1999 Act (appeals) shall have effect for the |
| |
purposes of Part VI of that Act as it applies by virtue of section 133 above. |
| 35 |
(4) | Any other instrument under Part VI of the 1999 Act— |
| |
(a) | may make provision in respect of that Part as it applies by virtue of |
| |
section 133 above, as it applies otherwise than by virtue of that section, |
| |
| |
(b) | may make different provision for that Part as it applies by virtue of |
| 40 |
section 133 above and as it applies otherwise than by virtue of that |
| |
| |
(5) | In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations: |
| |
notice to quit accommodation) the reference in paragraph (2)(b) to the |
| |
determination of a claim for asylum shall be treated as a reference to ceasing to |
| 45 |
| |
| |
| |
|
| |
| |
(6) | The Secretary of State may by order repeal, modify or disapply (to any extent) |
| |
| |
(7) | An order under section 10 of the Human Rights Act 1998 (c. 42) (power to |
| |
remedy incompatibility) which amends a provision mentioned in subsection |
| |
(6) of section 133 above may amend or repeal that subsection. |
| 5 |
| |
(1) | Designation lapses if the designated person— |
| |
(a) | is granted leave to enter or remain in the United Kingdom, |
| |
(b) | is notified by the Secretary of State or an immigration officer of a right |
| |
of residence in the United Kingdom by virtue of the Community |
| 10 |
| |
(c) | leaves the United Kingdom, or |
| |
(d) | is made the subject of a deportation order under section 5 of the |
| |
Immigration Act 1971 (c. 77). |
| |
(2) | After designation lapses support may not be provided by virtue of section 133, |
| 15 |
subject to the following exceptions. |
| |
(3) | Exception 1 is that, if designation lapses under subsection (1)(a) or (b), support |
| |
may be provided in respect of a period which— |
| |
(a) | begins when the designation lapses, and |
| |
(b) | ends on a date determined in accordance with an order of the Secretary |
| 20 |
| |
(4) | Exception 2 is that, if designation lapses under subsection (1)(d), support may |
| |
be provided in respect of— |
| |
(a) | any period during which an appeal against the deportation order may |
| |
be brought (ignoring any possibility of an appeal out of time with |
| 25 |
| |
(b) | any period during which an appeal against the deportation order is |
| |
| |
(c) | after an appeal ceases to be pending, such period as the Secretary of |
| |
State may specify by order. |
| 30 |
136 | Interpretation: general |
| |
(1) | This section applies to sections 129 to 135. |
| |
(2) | A reference to a designated person is a reference to a person designated under |
| |
| |
(3) | “Family” shall be construed in accordance with section 5(4) of the Immigration |
| 35 |
Act 1971 (deportation: definition of “family”). |
| |
(4) | “Right of abode in the United Kingdom” has the meaning given by section 2 of |
| |
| |
(5) | “The Refugee Convention” means the Convention relating to the Status of |
| |
Refugees done at Geneva on 28th July 1951 and its Protocol. |
| 40 |
(6) | “Period of imprisonment” shall be construed in accordance with section |
| |
72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002 |
| |
| |
| |
| |
|
| |
| |
(7) | A voucher is not cash. |
| |
(8) | A reference to a pending appeal has the meaning given by section 104(1) of that |
| |
| |
(9) | A reference in an enactment to the Immigration Acts includes a reference to |
| |
| 5 |
| |
| |
Industrial action by prison officers |
| |
137 | Amendment of section 127 of the Criminal Justice and Public Order Act 1994 |
| |
(1) | Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) |
| 10 |
(inducements to prison officers to withhold services or breach discipline) is |
| |
| |
(2) | In subsection (1), for paragraph (a) substitute— |
| |
“(a) | to take (or continue to take) any industrial action;”. |
| |
(3) | After subsection (1) insert— |
| 15 |
“(1A) | In subsection (1) “industrial action” includes the withholding of |
| |
services as a prison officer and any other action likely to affect the |
| |
normal working of a prison.” |
| |
(4) | In subsection (4), after paragraph (a) insert— |
| |
“(aa) | holds any post, other than as a chaplain or assistant chaplain, to |
| 20 |
which he has been appointed for the purposes of section 7 of the |
| |
Prison Act 1952 (appointment of prison staff),”. |
| |
138 | Power to suspend the operation of section 127 of the Criminal Justice and |
| |
| |
After section 127 of the Criminal Justice and Public Order Act 1994 insert— |
| 25 |
“127A | Power to suspend the operation of section 127 |
| |
(1) | The Secretary of State may make orders suspending, or later reviving, |
| |
the operation of section 127. |
| |
(2) | An order under this section may make different provision in relation to |
| |
different descriptions of prison officer. |
| 30 |
(3) | The power to make orders under this section is exercisable by statutory |
| |
| |
(4) | A statutory instrument containing an order under this section may not |
| |
be made unless a draft of the instrument has been laid before, and |
| |
approved by resolution of, each House of Parliament.” |
| 35 |
| |
| |
|
