House of Lords Amendments

House of Lords

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Borders, Citizenship and Immigration Bill [HL]
MARSHALLED LIST FOR CONSIDERATION OF Commons amendments
[The page and line refer to Bill 86 as first printed for the Commons]
Clause 1
1
Page 2, line 17, after “section” insert “(other than in subsection (8))”
2
Page 2, line 36, leave out from “means” to end of line 37 and insert “—

(a)
a function that is exercisable—

(i)
by the Secretary of State by virtue of this section, or

(ii)
by general customs officials by virtue of section 3,

(b)
a function that is conferred on general customs officials or the

Secretary of State by or by virtue of any of sections 22 to 24

(investigations and detention), or

(c)
a function under Community law that is exercisable by the

Secretary of State or general customs officials in relation to a

matter—

(i)
in relation to which functions under Community law are

exercisable by the Commissioners or officers of Revenue

and Customs, and

(ii)
that is not listed in paragraphs (a) to (e) of subsection (2).”
Clause 2
3
Page 3, line 6, at end insert—

“( )
make provision for a function of the Secretary of State or general

customs officials to be treated, or not to be treated, as a general

customs function.”
Clause 5
4
Page 4, line 41, leave out from “of” to end of line 41 and insert “general customs

functions.”
Clause 7
5
Page 6, line 21, leave out from “means” to end of line 22 and insert “—

(a)
a function that is exercisable—

HL Bill 65—I 54/4

2

(i)
by the Director by virtue of this section, or

(ii)
by customs revenue officials by virtue of section 11,

(b)
a function that is conferred on customs revenue officials or the

Director by or by virtue of any of sections 22 to 24 (investigations

and detention), or

(c)
a function under Community law that is exercisable by the Director

or customs revenue officials in relation to a customs revenue

matter.”
Clause 9
6
Page 6, line 38, leave out from “Director” to end of line 39
Clause 10
7
Page 7, line 8, leave out “functions in relation to customs revenue matters” and

insert “customs revenue functions”
Clause 13
8
Page 9, line 3, leave out from “of” to end of line 4 and insert “customs revenue

functions.”
After Clause 24
9
Insert the following new Clause—

“Short-term holding facilities

In section 147 of the Immigration and Asylum Act 1999 (c. 33) (removal

centres and detained persons: interpretation), in the definition of “short-

term holding facility”—

(a)
after “used” insert “—(a)”, and

(b)
at the end insert “, or

(b)
for the detention of—

(i)
detained persons for a period of not more

than seven days or for such other period as

may be prescribed, and

(ii)
persons other than detained persons for any

period.””

LORD AVEBURY

[As an amendment to Commons Amendment No. 9]
9A
Line 12, leave out “any period” and insert “not longer than six hours”
Clause 25
10
Page 18, line 42, leave out Clause 25

3

Clause 26
11
Page 20, line 7, leave out from “means” to end of line 8 and insert “a function which

before the passing of this Act was exercisable by the Commissioners or officers of

Revenue and Customs (whether or not it remains so exercisable) and that—

(a)
is conferred by or by virtue of this Part on the Secretary of State, the

Director or a designated customs official, or

(b)
is a function under Community law that is exercisable by the

Secretary of State, the Director or a designated customs official;”
Clause 28
12
Page 21, line 5, at end insert “, and

( )
after paragraph (g) insert—

“(ga)
practice and procedure in relation to the prevention,

detection and investigation of offences,

(gb)
practice and procedure in relation to the conduct of

criminal proceedings,

(gc)
whether customs functions have been appropriately

exercised by the Secretary of State and the Director

of Border Revenue,”.”
13
Page 21, leave out lines 7 to 15
Clause 38
14
Page 28, line 16, at end insert—

““Community law” means—

(a)
all the rights, powers, liabilities, obligations and restrictions

from time to time created or arising by or under the

Community Treaties, and

(b)
all the remedies and procedures from time to time provided

for by or under the Community Treaties,

as in accordance with the Community Treaties are without further

enactment to be given legal effect or used in the United Kingdom;”
Clause 39
15
Page 29, line 4, leave out Clause 39
Clause 51
16
Page 43, line 18, leave out Clause 51
Clause 55
17
Page 44, line 30, leave out Clause 55
Before Clause 56
18
Insert the following new Clause—

4

“Transfer of certain immigration judicial review applications

(1)
In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales:

transfer from the High Court to the Upper Tribunal)—

(a)
after subsection (2) insert—

“(2A)
If Conditions 1, 2, 3 and 5 are met, but Condition 4 is not, the

High Court must by order transfer the application to the

Upper Tribunal.”, and

(b)
after subsection (7) insert—

“(8)
Condition 5 is that the application calls into question a

decision of the Secretary of State not to treat submissions as

an asylum claim or a human rights claim within the

meaning of Part 5 of the Nationality, Immigration and

Asylum Act 2002 (c. 41) wholly or partly on the basis that

they are not significantly different from material that has

previously been considered (whether or not it calls into

question any other decision).”

(2)
In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23)

(Northern Ireland: transfer from the High Court to the Upper Tribunal)—

(a)
after subsection (2) insert—

“(2A)
If Conditions 1, 2, 3 and 5 are met, but Condition 4 is not, the

High Court must by order transfer the application to the

Upper Tribunal.”, and

(b)
after subsection (7) insert—

“(8)
Condition 5 is that the application calls into question a

decision of the Secretary of State not to treat submissions as

an asylum claim or a human rights claim within the

meaning of Part 5 of the Nationality, Immigration and

Asylum Act 2002 (c. 41) wholly or partly on the basis that

they are not significantly different from material that has

previously been considered (whether or not it calls into

question any other decision).”

(3)
In section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15)

(Scotland: transfer from the Court of Session to the Upper Tribunal)—

(a)
in subsection (1), for the “and” at the end of paragraph (a)

substitute—

“(aa)
must, if Conditions 1, 2 and 5 are met, but Condition

4 is not, and”, and

(b)
after subsection (5) insert—

“(5A)
Condition 5 is that the application calls into question a

decision of the Secretary of State not to treat submissions as

an asylum claim or a human rights claim within the

meaning of Part 5 of the Nationality, Immigration and

Asylum Act 2002 (c. 41) wholly or partly on the basis that

they are not significantly different from material that has

previously been considered (whether or not it calls into

question any other decision).””

5

Clause 59
19
Page 46, line 31, leave out “55” and insert “(Transfer of certain immigration judicial

review applications)”
Clause 60
20
Page 47, line 1, leave out “51 (entry otherwise than by sea or air: immigration

control),”
21
Page 47, line 8, leave out “55 (fresh claim applications)” and insert “(Transfer of

certain immigration judicial review applications) (transfer of certain immigration

judicial review applications)”
22
Page 47, line 20, at end insert—

“(8A)
An order commencing sections 40 to 42 (acquisition of British citizenship

by naturalisation) must include provision that the amendments made by

those sections do not have effect in relation to an application for

naturalisation as a British citizen if—

(a)
the date of the application is before the date on which those sections

come into force in accordance with the order (“the date of

commencement”), or

(b)
the date of the application is before the end of the period of 24

months beginning with the date of commencement and the

application is made by a person who falls within subsection (8B) or

(8C).

(8B)
A person falls within this subsection if on the date of commencement the

person has indefinite leave to remain in the United Kingdom.

(8C)
A person falls within this subsection if the person is given indefinite leave

to remain in the United Kingdom on an application—

(a)
the date of which is before the date of commencement, and

(b)
which is decided after the date of commencement.

(8D)
The reference in subsection (8A) to an order commencing sections 40 to 42

does not include an order commencing those sections for the purpose only

of enabling regulations to be made under the British Nationality Act 1981

(c. 61).”
23
Page 47, line 33, at end insert—

“( )
No order may be made commencing section (Transfer of certain immigration

judicial review applications) (transfer of certain immigration judicial review

applications) unless the functions of the Asylum and Immigration Tribunal

in relation to appeals under Part 5 of the Nationality, Immigration and

Asylum Act 2002 (c. 41) have been transferred under section 30(1) of the

Tribunals, Courts and Enforcement Act 2007 (c. 15).”
Clause 61
24
Page 47, line 38, leave out subsection (2)

6

The Schedule
25
Page 48, leave out lines 6 and 7