Borders, Citizenship and Immigration Bill [HL]

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House of Lords

Session 2008 - 09
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Borders, Citizenship and Immigration Bill [HL]

Borders, Citizenship and Immigration Bill [HL]

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Home Office, are published separately
as HL Bill 15—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Lord West of Spithead has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Borders, Citizenship and Immigration Bill [HL] are
compatible with the Convention rights.

HL Bill 15
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Borders, Citizenship and Immigration Bill [HL]

Contents
Part 1
Border functions
General customs functions of the Secretary of State
1
General customs functions of the Secretary of State
2
Power of Secretary of State to modify functions
General customs officials
3
Designation of general customs officials
4
Designation: supplementary
5
Directions by the Secretary of State
The Director of Border Revenue
6
The Director of Border Revenue
7
Customs revenue functions of the Director
8
Power of Treasury to modify Director’s functions
9
Delegation of Director’s functions
10
Compliance with directions etc.
Customs revenue officials
11
Designation of customs revenue officials
12
Designation: supplementary
13
Directions by the Director
Use and disclosure of information
14
Use and disclosure of customs information
15
Prohibition on disclosure of personal customs information
16
Exceptions to section 15 prohibition
17
Prohibition on further disclosure
18
Offence of wrongful disclosure
19
Application of statutory provisions
20
Supply of Revenue and Customs information

HL Bill 15
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Borders, Citizenship and Immigration Bill [HL]
ii

21
Duty to share information
Investigations and detention
22
Investigations and detention: England and Wales and Northern Ireland
23
Investigations and detention: Scotland
Transfer of property etc.
24
Transfer schemes
25
Facilities and services
Inspection and oversight
26
Inspections by the Chief Inspector of the UK Border Agency
27
Inspections by Her Majesty’s Inspectors of Constabulary etc.
28
Complaints and misconduct
Other provisions
29
Prosecution of offences
30
Payment of revenue to the Commissioners
31
Power to require payment into the Consolidated Fund
32
Children
Supplementary
33
Power to modify enactments
34
Power to make supplementary etc. provision
35
Subordinate legislation
36
Interpretation
Part 2
Citizenship
Acquisition of British citizenship by naturalisation
37
Application requirements: general
38
Application requirements: family members etc.
39
The qualifying period
Acquisition of British citizenship by birth
40
Children born in UK etc. to members of the armed forces
Acquisition of British citizenship etc. by registration
41
Descent through the female line
42
Children born outside UK etc. to members of the armed forces
43
Good character requirement

Borders, Citizenship and Immigration Bill [HL]
iii

Interpretation etc.
44
Meaning of references to being in breach of immigration laws
45
Other interpretation etc.
Part 3
Immigration
Common Travel Area
46
Common Travel Area
Studies
47
Restriction on studies
Fingerprinting
48
Fingerprinting of foreign criminals liable to automatic deportation
Detention at ports in Scotland
49
Extension of sections 1 to 4 of the UK Borders Act 2007 to Scotland
Part 4
Miscellaneous and general
Judicial review
50
Transfer of immigration or nationality judicial review applications
Children
51
Duty regarding the welfare of children
General
52
Repeals
53
Extent
54
Commencement
55
Short title
Schedule   —
Repeals
Part 1   —
Border functions
Part 2   —
Citizenship
Part 3   —
Immigration
Part 4   —
Miscellaneous

© Parliamentary copyright 2009
Revised 15 January 2009