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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 10 — Special immigration status

96

 

132     

Conditions

(1)   

The Secretary of State or an immigration officer may by notice in writing

impose a condition on a designated person.

(2)   

A condition may relate to—

(a)   

residence,

5

(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).

(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

summary conviction to—

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(a)   

a fine not exceeding level 5 on the standard scale,

(b)   

imprisonment for a period not exceeding 51 weeks, or

(c)   

both.

(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.

133     

Support

(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

supplied area),

(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

section—

 
 

Criminal Justice and Immigration Bill
Part 10 — Special immigration status

97

 

(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

needs;

(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

designated persons.

(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

Ireland), or

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

assistance).

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

section 133(3) above,

(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

to designated persons.

(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

virtue of that section.

(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,

or both, and

(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

section.

(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

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be a designated person.

 
 

Criminal Justice and Immigration Bill
Part 10 — Special immigration status

98

 

(6)   

The Secretary of State may by order repeal, modify or disapply (to any extent)

section 133(4).

(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

135     

End of designation

(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

treaties,

(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

of State.

(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

permission),

(b)   

any period during which an appeal against the deportation order is

pending, and

(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

section 129.

(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

that Act.

(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

(c. 41).

 
 

Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

99

 

(7)   

A voucher is not cash.

(8)   

A reference to a pending appeal has the meaning given by section 104(1) of that

Act.

(9)   

A reference in an enactment to the Immigration Acts includes a reference to

sections 129 to 135.

5

Part 11

Miscellaneous

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

amended as follows.

(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

Public Order Act 1994

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.

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(3)   

The power to make orders under this section is exercisable by statutory

instrument.

(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.”

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