Hyperlawhypertext legal database Asylum and Immigration Act 1996 current to 2024-05-30

UKPGA-1996-49 Asylum and Immigration Act 1996 UK

Current to 2024-05-30

Contents
preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Asylum claims

s. 1 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 2 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 3 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration offences

s. 4 — Obtaining leave by deception.

In subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences), after paragraph (a) there shall be inserted the following paragraph—.

s. 5 — Assisting asylum claimants, and persons seeking to obtain leave by deception.
s. 5(1)

In subsection (1) of section 25 of the 1971 Act (assisting illegal entry, and habouring), for the words from “the entry” to “illegal entrant” there shall be substituted the following paragraphs—.

s. 5(2)

After that subsection there shall be inserted the following subsection—

s. 5(3)

In subsection (5) of that section, for the words “Subsection (1)” there shall be substituted the words “ Subsection (1)(a) ”.

s. 5(4)

In subsection (6) of that section, for the words “subsection (1)” there shall be substituted the words “ subsection (1)(a) or (b) ”.

s. 6 — Increased penalties.

In the following provisions, namely—for the words “level 4” there shall be substituted the words “ level 5 ”.

s. 6(a)

subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences);

s. 6(b)

subsection (1) of section 26 (general offences in connection with administration of Act); and

s. 6(c)

section 27 (offences by persons connected with ships or aircraft or with ports),

s. 7 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons subject to immigration control

s. 8 — Restrictions on employment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 8A — Code of practice.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 9 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 10 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 11 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous and supplemental

s. 12 — Other amendments and repeals.
s. 12(1)

Schedule 2 to this Act (which contains amendments of the 1971 Act and a related amendment of the Immigration Act 1988) shall have effect.

s. 12(2)

Schedule 3 to this Act (which contains amendments of the 1993 Act) shall have effect.

s. 12(3)

The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

s. 13 — Short title, interpretation, commencement and extent.
s. 13(1)

This Act may be cited as the Asylum and Immigration Act 1996.

s. 13(2)

In this Act—“the 1971 Act” means the Immigration Act 1971;“the 1993 Act” means the Asylum and Immigration Appeals Act 1993;“person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

s. 13(3)

This Act, except section 11 and Schedule 1, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

s. 13(4)

An order under subsection (3) above may make such transitional and supplemental provision as the Secretary of State thinks necessary or expedient.

s. 13(5)

Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

s. 13(6)

This Act extends to Northern Ireland.

Sch 1
Sch 1

Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996

Preliminary

Sch 1 para 1

In this Part of this Schedule—

Sch 1 para 1(a)

“the 1996 Regulations” means the Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996; and

Sch 1 para 1(b)

expressions which are used in the 1996 Regulations have the same meanings as in those Regulations.

Income support

Sch 1 para 2

In regulation 8 of the 1996 Regulations (amendment of the Income Support Regulations)—shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.

Sch 1 para 2(a)

paragraph (2) so far as relating to the sub-paragraph added to regulation 21(3) of the Income Support Regulations as sub-paragraph (j); and

Sch 1 para 2(b)

paragraph (3)(c) and (d),

Housing benefit

Sch 1 para 3

In regulation 7 of the 1996 Regulations (amendment of regulation 7A of the Housing Benefit Regulations)—shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.

Sch 1 para 3(a)

paragraph (a) so far as relating to the sub-paragraph added to regulation 7A(4) of the Housing Benefit Regulations as sub-paragraph (g);

Sch 1 para 3(b)

paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 7A(5) of those Regulations; and

Sch 1 para 3(c)

paragraph (c),

Council tax benefit

Sch 1 para 4

In regulation 3 of the 1996 Regulations (amendment of regulation 4A of the Council Tax Benefit Regulations)—shall have effect as if the 1996 Regulations had been made, and had come into force, on the day on which this Act is passed.

Sch 1 para 4(a)

paragraph (a) so far as relating to the sub-paragraph added to regulation 4A(4) of the Council Tax Benefit Regulations as sub-paragraph (g);

Sch 1 para 4(b)

paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 4A(5) of those Regulations; and

Sch 1 para 4(c)

paragraph (c),

General

Sch 1 para 5

Regulation 12(1) of the 1996 Regulations (saving) shall have effect as if after the words “shall continue to have effect” there were inserted the words “ (both as regards him and as regards persons who are members of his family at the coming into force of these Regulations) ”.

Sch 1 para 6
Sch 1 para 6(1)

Subject to sub-paragraph (2) below, any person who is excluded from entitlement to income support, housing benefit or council tax benefit by any of the provisions which are modified by the preceding provisions of this Part of this Schedule—

Sch 1 para 6(1)(a)

shall not be entitled to the benefit for any period beginning on or after the day on which this Act is passed; and

Sch 1 para 6(1)(b)

shall not be entitled to the benefit for any period beginning on or after 5th February 1996 except on a claim made before the day on which this Act is passed, or an application made before that day for the review of a decision.

Sch 1 para 6(2)

Nothing in this paragraph shall apply in any case where a person is entitled to the benefit in question either—

Sch 1 para 6(2)(a)

by virtue of regulation 12(1) of the 1996 Regulations (saving); or

Sch 1 para 6(2)(b)

by virtue of regulations making such provision as is mentioned in section 11(2) of this Act.

Sch 1

Social Security (Persons From Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

Preliminary

Sch 1 para 7

In this Part of this Schedule “the 1996 Regulations” means the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996.

Income support

Sch 1 para 8

In regulation 4 of the 1996 Regulations (amendment of the Income Support (General) Regulations)—shall have effect as if the 1996 Regulations had been made, and had come into operation, on the day on which this Act is passed.

Sch 1 para 8(a)

paragraph (2) so far as relating to the paragraph added to regulation 21(3) of the Income Support (General) Regulations (Northern Ireland) 1987 as paragraph (j); and

Sch 1 para 8(b)

paragraph (3)(b),

Housing benefit

Sch 1 para 9

In regulation 5 of the 1996 Regulations (amendment of the Housing Benefit (General) Regulations)—shall have effect as if the 1996 Regulations had been made, and had come into operation, on the day on which this Act is passed.

Sch 1 para 9(a)

paragraph (a) so far as relating to the sub-paragraph added to regulation 7A(4) of the Housing Benefit (General) Regulations (Northern Ireland) 1987 as sub-paragraph (g);

Sch 1 para 9(b)

paragraph (b) so far as relating to sub-paragraphs (a) and (b) of the paragraph substituted for regulation 7A(5) of those Regulations; and

Sch 1 para 9(c)

paragraph (c),

General

Sch 1 para 10

Regulation 11(1) of the 1996 Regulations (saving) shall have effect as if after the words “shall have effect” there were inserted the words “ (both as regards him and as regards persons who are members of his family at the coming into operation of these Regulations) ”.

Sch 1 para 11
Sch 1 para 11(1)

Subject to sub-paragraph (2) below, any person who is excluded from entitlement to income support or housing benefit by any of the provisions which are modified by the preceding provisions of this Part of this Schedule—

Sch 1 para 11(1)(a)

shall not be entitled to the benefit for any period beginning on or after the day on which this Act is passed; and

Sch 1 para 11(1)(b)

shall not be entitled to the benefit for any period beginning on or after 5th February 1996 except on a claim made before the day on which this Act is passed, or an application made before that day for the review of a decision.

Sch 1 para 11(2)

Nothing in this paragraph shall apply in any case where a person is entitled to the benefit in question either—

Sch 1 para 11(2)(a)

by virtue of regulation 11(1) of the 1996 Regulations (saving); or

Sch 1 para 11(2)(b)

by virtue of regulations making such provision as is mentioned in section 11(2) of this Act.

Sch 2

Amendments of the 1971 Act and the Immigration Act 1988

General provisions for regulation and control, &c.

Sch 2 para 1
Sch 2 para 1(1)

In subsection (1) of section 3 of the 1971 Act (general provisions for regulation and control), for paragraph (c) there shall be substituted the following paragraph—

Sch 2 para 1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 2 para 1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons belonging to another’s family

Sch 2 para 2

In subsection (4) of section 5 of the 1971 Act (persons belonging to another’s family), for paragraph (b) there shall be substituted the following paragraph—.

Appeals against conditions

Sch 2 para 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

Sch 2 para 4
Sch 2 para 4(1)

In subsection (1) of section 33 of the 1971 Act (interpretation), for the definitions of “entrant” and “illegal entrant” there shall be substituted the following definitions—.

Sch 2 para 4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information and documents

Sch 2 para 5
Sch 2 para 5(1)

In sub-paragraph (2)(b) of paragraph 4 of Schedule 2 to the 1971 Act (information and documents), after the words “is carrying or conveying”, in the first place where they occur, there shall be inserted the words “ , or has carried or conveyed, ”.

Sch 2 para 5(2)

In sub-paragraph (3) of that paragraph—

Sch 2 para 5(2)(a)

after the words “is carrying or conveying” there shall be inserted the words “ , or has carried or conveyed, ”;

Sch 2 para 5(2)(b)

for the words from “he and any” to “control” there shall be substituted the following paragraphs—; and

Sch 2 para 5(2)(c)

after the words “is doing” there shall be inserted the words “ or, as the case may be, has done ”.

Removal of illegal entrants

Sch 2 para 6

Paragraph 9 of Schedule 2 to the 1971 Act (removal of illegal entrants) shall be renumbered as sub-paragraph (1) of that paragraph; and after that provision as so renumbered there shall be inserted the following sub-paragraph—

Arrest of persons liable to detention

Sch 2 para 7

In sub-paragraph (2)(b) of paragraph 17 of Schedule 2 to the 1971 Act (arrest of persons liable to detention), the words “magistrate or” shall cease to have effect.

Recovery of expenses incurred in detaining persons refused leave to enter

Sch 2 para 8

In sub-paragraph (1) of paragraph 19 of Schedule 2 to the 1971 Act (recovery of expenses incurred in detaining persons refused leave to enter), for the words “at any time” there shall be substituted the words “ for any period (not exceeding 14 days) ”.

Recovery of expenses incurred in detaining illegal entrants

Sch 2 para 9
Sch 2 para 9(1)

In sub-paragraph (1) of paragraph 20 of Schedule 2 to the 1971 Act (recovery of expenses incurred in detaining illegal entrants), for the words “at any time” there shall be substituted the words “ for any period (not exceeding 14 days) ”.

Sch 2 para 9(2)

After that sub-paragraph there shall be inserted the following sub-paragraph—.

Temporary admission of persons liable to detention

Sch 2 para 10

After sub-paragraph (2) of paragraph 21 of Schedule 2 to the 1971 Act (temporary admission of persons liable to detention) there shall be inserted the following sub-paragraphs—

Temporary release of persons liable to detention

Sch 2 para 11
Sch 2 para 11(1)

For sub-paragraph (1) of paragraph 22 of Schedule 2 to the 1971 Act (temporary release of persons liable to detention) there shall be substituted the following sub-paragraphs—

Sch 2 para 11(2)

In sub-paragraph (2) of that paragraph—

Sch 2 para 11(2)(a)

for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

Sch 2 para 11(2)(b)

for the word “adjudicator”, in the second place where it occurs, there shall be substituted the words “ officer or adjudicator ”.

Sch 2 para 11(3)

In sub-paragraph (3) of that paragraph—

Sch 2 para 11(3)(a)

for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

Sch 2 para 11(3)(b)

for the word “adjudicator”, in the second and third places where it occurs, there shall be substituted the words “ officer or adjudicator ”.

Grant of bail pending removal

Sch 2 para 12

After paragraph 33 of Schedule 2 to the 1971 Act there shall be inserted the following paragraph—

Supplementary provisions as to deportation

Sch 2 para 13

In paragraph 2(5) of Schedule 3 to the 1971 Act (supplementary provisions as to deportation), after the words “the police” there shall be inserted the words “ or an immigration officer ”.

Sch 3

Amendments of the 1993 Act

Curtailment of leave to enter or remain

Sch 3 para 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals to special adjudicator

Sch 3 para 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bail pending appeal from Immigration Appeal Tribunal

Sch 3 para 3

After section 9 of the 1993 Act there shall be inserted the following section—

Security of tenure

Sch 3 para 4

In paragraph 6(1) of Schedule 1 to the 1993 Act (security of tenure)—

Sch 3 para 4(a)

after the words “Part III of the Act of 1985” there shall be inserted the words “ or Part II of the Act of 1987 ”; and

Sch 3 para 4(b)

after the words “ the Housing Act 1988” there shall be inserted the words “ or the Housing (Scotland) Act 1988 ”.

Appeals to special adjudicator: supplementary

Sch 3 para 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 4

Repeals