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:—
Labour market and illegal working
Director of Labour Market Enforcement
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Gangmasters and Labour Abuse Authority
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Schedule 2 (functions in relation to labour market) has effect.
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After section 114A of the Police and Criminal Evidence Act 1984 insert—
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Labour market enforcement undertakings
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Labour market enforcement orders
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LME undertakings and orders: supplementary
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Supplementary provision
Schedule 3 (consequential and related amendments) has effect.
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Offences
The Immigration Act 1971 is amended as follows.
In section 3(1)(c)(i) (power to grant limited leave to enter or remain in the United Kingdom subject to condition restricting employment or occupation) for “employment” substitute “ work ”.
After section 24A insert—
In section 28A(3)(a) (arrest without warrant) after “section” insert “ 24B, ”.
In section 28B(5) (search and arrest by warrant: relevant offences) after “24A,” insert “ 24B, ”.
In section 28CA(1) (business premises: entry to arrest) after paragraph (b) insert—.
In section 28D(4) (entry and search of premises: relevant offences) after “24A,” insert “ 24B, ”.
In section 28FA(1)(a) (search for personnel records: offences to which section applies) for “or 24A(1)” substitute “ , 24A(1) or 24B(1) ”.
Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker) is amended in accordance with subsections (2) to (4).
In subsection (1) for the words from “an adult” to the end of the subsection substitute “ disqualified from employment by reason of the employee's immigration status. ”
After subsection (1) insert—
In subsection (2)(a)(i) (maximum term of imprisonment for conviction of offence on indictment) for “two” substitute “ five ”.
Section 22 of the Immigration, Asylum and Nationality Act 2006 (offences by bodies corporate etc) is amended in accordance with subsections (6) and (7).
After subsection (1) insert—
In each of subsections (2) and (4) after “21(1)” insert “ or (1A) ”.
In section 24(a) of the Immigration, Asylum and Nationality Act 2006 (immigration bail) for “21(1)” substitute “ 21(1B) ”.
In section 28A of the Immigration Act 1971 (arrest without warrant)—
after subsection (9A) insert—,
in subsection (10) for “and (5)” substitute “ , (5) and (9B) ”, and
in subsection (11) for “and (5)” substitute “ , (5) and (9B) ”.
In section 28AA(1) of that Act (arrest with warrant) for paragraphs (a) and (b) substitute “ section 24(1)(d) ”.
Illegal working in licensed premises
Schedule 4 (Licensing Act 2003: amendments relating to illegal working) has effect.
The Secretary of State may by regulations make provision which—
has a similar effect to the amendments made by Schedule 4, and
applies in relation to Scotland or Northern Ireland.
Regulations under subsection (2) may—
amend, repeal or revoke any enactment;
confer functions on any person.
Regulations under subsection (2) may not confer functions on—
the Scottish Ministers,
the First Minister and deputy First Minister in Northern Ireland,
a Northern Ireland Minister, or
a Northern Ireland department.
In this section “enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
Illegal working in relation to private hire vehicles etc
Schedule 5 (private hire vehicles etc) has effect.
Illegal working notices and orders
Schedule 6 (illegal working closure notices and illegal working compliance orders) has effect.
Access to services
Residential tenancies
The Immigration Act 2014 is amended in accordance with subsections (2) to (5).
After section 33 insert—
In section 35 (transitional provision) after subsection (3) insert—
In section 36 (Crown application) at the end insert “ or the landlord for the purposes of section 33A. ”
In section 37(4)(a) (provisions in which references to the landlord are to any of them)—
omit the “and” at the end of sub-paragraph (ii), and
at the end of sub-paragraph (iii) insert—.
In section 28A of the Immigration Act 1971 (arrest without warrant)—
after subsection (9B) insert—,
in subsection (10) for “and (9B)” substitute “ , (9B) and (9C) ”, and
in subsection (11) for “and (9B)” substitute “ , (9B) and (9C) ”.
The Immigration Act 2014 is amended in accordance with subsections (2) to (4).
After section 33C (inserted by section 39) insert—
In section 37(4)(a) (provisions in which references to the landlord are to any of them) after sub-paragraph (iv) (inserted by section 39(5)(b)) insert—.
In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences) after subsection (7C) insert—
In section 5 of the Housing Act 1988 (security of tenure)—
in subsection (1) omit the “or” at the end of paragraph (b) and at the end of paragraph (c) insert, and
in subsection (2) omit the “or” at the end of paragraph (a) and at the end of paragraph (b) insert.
The amendments made by subsections (5) and (6) apply in relation to a tenancy or (in the case of subsection (5)) a licence entered into before or after the coming into force of this section.
The Housing Act 1988 is amended in accordance with subsections (2) to (5).
In Part 1 of Schedule 2 (assured tenancies: grounds on which court must order possession) after Ground 7A insert—
In section 7 (orders for possession)—
in subsection (3) after “subsections (5A) and (6)” insert “ and section 10A ”,
in subsection (5A)(a) for “and 7A” substitute “ , 7A and 7B ”,
in subsection (6)(a) after “Ground 7A” insert“ , Ground 7B ”, and
after subsection (6A) insert—
In section 8(5) (cases where court may not dispense with notice of proceedings for possession) after “Ground 7A” insert “ , 7B ”.
After section 10 insert—
In Part 1 of Schedule 15 to the Rent Act 1977 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies) after Case 10 insert—
The amendments made by this section apply in relation to a tenancy entered into before or after the coming into force of this section.
The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for enabling any of the residential tenancies provisions to apply in relation to Wales, Scotland or Northern Ireland.
The Secretary of State may by regulations make provision which—
has a similar effect to any of the residential tenancies provisions, and
applies in relation to Wales, Scotland or Northern Ireland.
Regulations under subsection (1) or (2) may—
amend, repeal or revoke any enactment;
confer functions on any person.
Regulations under subsection (1) or (2) may not confer functions on—
the Welsh Ministers,
the Scottish Ministers,
the First Minister and deputy First Minister in Northern Ireland,
a Northern Ireland Minister, or
a Northern Ireland department.
In this section—“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978; an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales; an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament; an enactment contained in, or in an instrument made under, Northern Ireland legislation;“the residential tenancies provisions” means sections 39 to 41 and the amendments made by those sections.
Driving
Schedule 2 to the Immigration Act 1971 (administrative provisions as to control of entry etc) is amended in accordance with subsections (2) and (3).
After paragraph 25C insert—
In paragraph 25D(8) (access and copying: meaning of seized material) at the end insert “ other than a driving licence seized under paragraph 25CC. ”
In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable force) after paragraph (a) insert—.
In the period (if any) between the coming into force of subsection (2) and the coming into force of the Departments Act (Northern Ireland) 2016, references to the Department for Infrastructure for Northern Ireland in paragraph 25CC(3)(b), (8) and (9)(b) of Schedule 2 to the Immigration Act 1971 (as inserted by subsection (2)) are to be read as references to the Department of the Environment for Northern Ireland.
The Immigration Act 1971 is amended in accordance with subsections (2) to (6).
Before section 25 insert—
In section 28A(3)(a) (arrest without warrant) before “25” insert “ 24C, ”.
In section 28B(5) (search and arrest by warrant: relevant offences) before “26A” insert “ 24C, ”.
In section 28CA(1) (business premises: entry to arrest) for the “or” at the end of paragraph (b) substitute—.
In section 28D(4) (entry and search of premises: relevant offences) before “25” insert “ 24C, ”.
In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.
In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.
In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable force) before paragraph (a) insert—.
Bank accounts
Schedule 7 (bank accounts) has effect.
Before the end of the period mentioned in subsection (3), the Secretary of State must—
prepare a report of the review, and
lay a copy of the report before Parliament.
The period referred to in subsection (2) is the period of 5 years beginning with the day on which Schedule 7 comes fully into force.
Enforcement
Powers of immigration officers etc
Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.
In paragraph 2(1) (examination by immigration officers) at the end of paragraph (c) insert
After paragraph 15 insert—
In paragraph 25A (entry and search of premises where person arrested or detained under Schedule 2)—
after sub-paragraph (7) insert—,
in sub-paragraph (8) for “sub-paragraph (7)(a) does” substitute “ sub-paragraphs (7) to (7C) do ”, and
in sub-paragraph (8A) for “sub-paragraph (7)” substitute “ this paragraph ”.
In paragraph 25B (search of person arrested under Schedule 2) after sub-paragraph (8) insert—
This section applies if an immigration officer is lawfully on any premises.
The immigration officer may search the premises for documents which might be of assistance in determining whether a person is liable to the imposition of a penalty under—
section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty for employing illegal worker etc), or
The power may be exercised—
only if the immigration officer has reasonable grounds for believing there are documents within subsection (2) on the premises, and
only to the extent that it is reasonably required for the purpose of discovering such documents.
An immigration officer searching premises under this section may seize any document the officer finds which the officer has reasonable grounds for believing is a document within subsection (2).
Subsection (6) applies where—
an immigration officer is searching premises under this section, and
any document the officer has reasonable grounds for believing is a document within subsection (2) is stored in any electronic form and is accessible from the premises.
The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
If a requirement under subsection (6) is not complied with or a document to which that subsection applies cannot be produced in a form of the kind mentioned in that subsection, the immigration officer may seize the device or medium on which it is stored.
But subsections (4) to (7) do not apply to a document or item which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.
An immigration officer may retain a document or item seized under this section while the officer has reasonable grounds for believing that the document may be required—
for the purposes of determining whether a person is liable to the imposition of a penalty under a provision mentioned in subsection (2),
for the purposes of any objection relating to the imposition of such a penalty, or
for the purposes of any appeal or other legal proceedings relating to the imposition of such a penalty.
But a document or item may not be retained for a purpose mentioned in subsection (9) if a photograph or copy would be sufficient for that purpose.
Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to a document seized and retained under this section as it applies to anything seized and retained under Part 3 of that Act.
This section applies if an immigration officer is lawfully on any premises.
The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—
that it has been obtained in consequence of the commission of an offence, and
that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—
that it is evidence in relation to an offence, and
that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
The immigration officer may require any information which is stored in any electronic form and is accessible from the premises to be produced if the officer has reasonable grounds for believing—
that—
it is evidence in relation to an offence, or
it has been obtained in consequence of the commission of an offence, and
that it is necessary to seize it in order to prevent it being concealed, lost, tampered with or destroyed.
The reference in subsection (4) to information which is stored in any electronic form being produced is to such information being produced in a form—
in which it can be taken away, and
in which it is visible and legible or from which it can readily be produced in a visible and legible form.
This section does not authorise an immigration officer to seize an item which the officer has reasonable grounds for believing is an item subject to legal privilege.
Anything seized by an immigration officer under this section which relates to an immigration offence may be retained so long as is necessary in all the circumstances and in particular—
may be retained, except as provided for by subsection (8)—
for use as evidence at a trial for an offence, or
for forensic examination or for investigation in connection with an offence, and
may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
Nothing may be retained for a purpose mentioned in subsection (7)(a) if a photograph or copy would be sufficient for that purpose.
Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to anything seized and retained under this section which relates to an immigration offence as it applies to anything seized and retained by an immigration officer under Part 3 of that Act.
This section does not apply in relation to anything which may be seized by an immigration officer under—
section 19 of the Police and Criminal Evidence Act 1984 as applied by an order under section 23 of the Borders, Citizenship and Immigration Act 2009, or
Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12) as applied by that section.
In this section and section 49 “immigration offence” means an offence which relates to an immigration or nationality matter.
This section applies if an immigration officer exercises—
the power under section 48 to seize or take away an item on the basis that the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence other than an immigration offence (a “relevant offence”), or
a power to that effect in Part 3 of the Immigration Act 1971 as applied by section 14(3) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004.
Subject to subsection (3), the immigration officer must, as soon as is reasonably practicable after the power is exercised, notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.
If the immigration officer has reasonable grounds for believing that the item referred to in subsection (1) has also been obtained in consequence of the commission of, or is evidence in relation to, an immigration offence, the immigration officer may notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.
A person notified under this section of the exercise of a power mentioned in subsection (1) in relation to an item must, as soon as is reasonably practicable after being so notified, inform the immigration officer whether the person will accept the item.
The person may inform the immigration officer that the person will not accept the item only if—
the person does not think the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence,
the person does not have functions in relation to the investigation of the relevant offence, or
the person thinks that it would be more appropriate for the relevant offence to be investigated by another person with such functions.
If the person informs the immigration officer that the person will accept the item, the immigration officer must give it to the person as soon as is reasonably practicable.
Once the item has been given as mentioned in subsection (6), any provision of an enactment which applies to items seized or taken away by the person applies to the item as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence.
If the person informs the immigration officer that the person will not accept the item because subsection (5)(a) applies, the immigration officer must, as soon as is reasonably practicable, return the item in accordance with subsection (10).
If the person informs the immigration officer that the person will not accept the item because subsection (5)(b) or (c) applies, the immigration officer must, as soon as is reasonably practicable—
notify the exercise of a power mentioned in subsection (1) in relation to the item to another person (if any) who the immigration officer thinks has functions in relation to the investigation of the relevant offence, or
if there is no such person, return the item in accordance with subsection (10).
An item which must be returned in accordance with this subsection must be returned—
to the person from whom it was seized, or
if there is no such person, to the place from which it was seized or taken away.
Where an item to which this section applies or information contained in such an item has been obtained in consequence of the commission of, or is evidence in relation to, more than one offence, references in this section to the relevant offence are to any of those offences.
A function conferred or imposed by this section on an immigration officer may be exercised by any other immigration officer.
In this section “enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, and
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
After section 28H of the Immigration Act 1971 insert—
The Secretary of State may direct a detainee custody officer, prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to—
a detained person who is detained in a removal centre, prison or young offender institution, or
a person who is detained in a short-term holding facility.
The Secretary of State may direct a prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to a person detained in a prison or young offender institution—
who has been recommended for deportation by a court under section 3(6) of the Immigration Act 1971,
in respect of whom the Secretary of State—
is considering whether to make a deportation order under section 5(1) of that Act,
has decided to make such a deportation order, or
has made such a deportation order, or
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in respect of whom the Secretary of State—
is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,
has decided that section 32(5) of that Act applies, or
has made such a deportation order in accordance with section 32(5) of that Act.
In this section and section 52 “relevant officer” means a detainee custody officer, prison officer or prisoner custody officer.
The Secretary of State may give a direction in relation to a person detained as mentioned in subsection (1) or (2) only if the Secretary of State has reasonable grounds to believe a relevant nationality document will be found if a power in subsection (6) is exercised in relation to the person.
The Secretary of State may give a direction as mentioned in subsection (2)(b)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—
the Secretary of State has notified the person in writing that the Secretary of State is considering whether to make a deportation order under section 5(1) of the Immigration Act 1971 against the person, or
where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided to make such a deportation order against the person.
The Secretary of State may give a direction as mentioned in subsection (2)(d)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—
the Secretary of State has notified the person in writing that the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or
where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.
A relevant officer to whom a direction is given under subsection (1) or (2) must (if able to do so) comply with it.
The powers referred to in subsections (1), (2) and (4) are—
to require the person to hand over to the relevant officer all relevant nationality documents in his or her possession,
to search for such documents and to take possession of any that the relevant officer finds,
to inspect any relevant nationality documents obtained in the course of the exercise of a power in paragraph (a) or (b), and
to seize and retain any such documents so obtained.
The power in subsection (6)(b) is a power to search any of the following—
the person;
anything the person has with him or her;
the person's accommodation in the removal centre, short-term holding facility, prison or young offender institution;
any item of the person's property in the removal centre, short-term holding facility, prison or young offender institution.
A full search may be carried out under subsection (7)(a); but such a search may not be carried out in the presence of—
another person detained as mentioned in subsection (1) or (2), or
a person of the opposite sex.
An intimate search may not be carried out under subsection (7)(a).
A relevant officer may if necessary use reasonable force for the purposes of exercising a power in subsection (6)(a) or (b).
A relevant officer must pass a relevant nationality document seized and retained under subsection (6)(d) to the Secretary of State as soon as is reasonably practicable.
The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under subsection (11) while the Secretary of State suspects that—
a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
retention of the document may facilitate the removal.
If subsection (12) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—
arrange for the document to be returned in accordance with subsection (14), or
if the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.
A document which is required to be returned in accordance with this subsection must be returned to—
the person who was previously in possession of it, or
if it was not found in the possession of a person, the location in which it was found.
In this section and section 52—“full search” means a search which involves the removal of an item of clothing which—is being worn wholly or partly on the trunk, and is being so worn either next to the skin or next to an article of underwear;“intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth;“nationality document” means a document which might—establish a person's identity, nationality or citizenship, or indicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.
For the purposes of this section and section 52 a nationality document is “relevant” if it relates to a person who is liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts.
In this section the following expressions have the same meaning as in Part 8 of the Immigration and Asylum Act 1999 (see section 147)—“detained person”;“detainee custody officer”;“prisoner custody officer”;“removal centre”;“short-term holding facility”.
A relevant officer may seize a nationality document which the relevant officer finds in the course of the exercise of a power to search other than one conferred by section 51.
Where a relevant officer seizes a nationality document under subsection (1), the relevant officer—
must seek the consent of the Secretary of State to retain the document, and
if the relevant officer obtains the Secretary of State's consent, must pass the document to the Secretary of State as soon as is practicable.
The Secretary of State may give consent under subsection (2) only if the Secretary of State has reasonable grounds to believe that—
the document is a relevant nationality document, and
the document may facilitate the removal of the person to whom it relates from the United Kingdom in accordance with a provision of the Immigration Acts.
If the Secretary of State does not give consent under subsection (2), the Secretary of State must—
direct the relevant officer to return the document as mentioned in subsection (5), or
if the Secretary of State thinks that it would not be appropriate to return the document, direct the relevant officer to dispose of the document in such manner as the Secretary of State may direct.
A document which is required to be returned in accordance with this subsection must be returned to—
the person who was previously in possession of it, or
if it was not found in the possession of a person, the location in which it was found.
The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under this section while the Secretary of State suspects that—
a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
retention of the document may facilitate the removal.
If subsection (6) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—
arrange for the document to be returned in accordance with subsection (5), or
if the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.
Schedule 11 to the Immigration and Asylum Act 1999 (detainee custody officers) is amended as follows.
In paragraph 4 (offence of assaulting detainee custody officer)—
omit the “or” at the end of paragraph (b), and
at the end of paragraph (c) insert.
In paragraph 5 (offence of obstructing detainee custody officer)—
omit the “or” at the end of paragraph (b), and
at the end of paragraph (c) insert.
After paragraph 8 insert—
Schedule 8 (amendments to search warrant provisions) has effect.
Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) is amended in accordance with subsections (2) to (10).
For the heading substitute “ Power to supply information etc to Secretary of State ”.
In subsection (1) for paragraphs (a) to (f) substitute—
In subsection (1A) in each of paragraphs (a) and (b) for “a person listed in subsection (1) or someone acting on his behalf” substitute “ a public authority or someone acting on behalf of a public authority ”.
After subsection (1A) insert—
After subsection (2A) insert—
In subsection (3) after paragraph (d) insert—.
After subsection (3) insert—
Omit subsection (4).
After subsection (6) insert—
After section 20 of the Immigration and Asylum Act 1999 insert—
In section 166 of the Immigration and Asylum Act 1999 (regulations and orders)—
after subsection (5) insert—, and
in subsection (6), before the “or” at the end of paragraph (a) insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 141 of the Immigration and Asylum Act 1999 (powers to take fingerprints from certain persons and their dependants) is amended as follows.
In subsection (7) for paragraph (f) substitute—
In subsection (8)(f) after “person” insert “ of whose family he is a member or ”.
In subsection (9)(f) after “person” insert “ of whose family he is a member or ”.
After subsection (13) insert—
In subsection (14) for “(7)(f)” substitute “ (7)(f)(ii) ”.
Section 142 of the Immigration and Asylum Act 1999 (attendance for fingerprinting) is amended as follows.
In subsection (2) for “a dependant of” substitute “ a member of the family of, or a dependant of, ”.
In subsection (2A) for “a dependant of” substitute “ a member of the family of ”.
Until the commencement of the repeal of section 143 of the Immigration and Asylum Act 1999 (destruction of fingerprints) by paragraph 17(2) of Schedule 9 to the Immigration Act 2014, subsection (9) of that section has effect as if after “the person” there were inserted “ of whose family he is a member or ”.
In section 144A(2) of the Immigration and Asylum Act 1999 (application of regulations about use and retention of fingerprints etc to dependants) after “the person” insert “ of whose family F is a member or ”.
In this Part “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.
In this Part “premises” and “item subject to legal privilege” have the same meaning—
in relation to England and Wales, as in the Police and Criminal Evidence Act 1984;
in relation to Northern Ireland, as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12));
in relation to Scotland, as in section 412 of the Proceeds of Crime Act 2002.
Detention and bail
The Secretary of State must issue guidance specifying matters to be taken into account by a person to whom the guidance is addressed in determining—
whether a person (“P”) would be particularly vulnerable to harm if P were to be detained or to remain in detention, and
if P is identified as being particularly vulnerable to harm in those circumstances, whether P should be detained or remain in detention.
In subsection (1) “detained” means detained under—and “detention” is to be construed accordingly.
the Immigration Act 1971,
section 62 of the Nationality, Immigration and Asylum Act 2002, or
section 36 of the UK Borders Act 2007,
A person to whom guidance under this section is addressed must take the guidance into account.
Before issuing guidance under this section the Secretary of State must lay a draft of the guidance before Parliament.
Guidance under this section comes into force in accordance with regulations made by the Secretary of State.
The Secretary of State may from time to time review guidance under this section and may revise and re-issue it.
References in this section to guidance under this section include revised guidance.
This section applies to a woman if the Secretary of State is satisfied that the woman is pregnant.
A woman to whom this section applies may not be detained under a relevant detention power unless the Secretary of State is satisfied that—
the woman will shortly be removed from the United Kingdom, or
there are exceptional circumstances which justify the detention.
In determining whether to authorise the detention under a relevant detention power of a woman to whom this section applies, a person who, apart from this section, has power to authorise the detention must have regard to the woman's welfare.
A woman to whom this section applies may not be detained under a relevant detention power for a period of—
more than 72 hours from the relevant time, or
more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
In subsection (4) “the relevant time” means the later of—
the time at which the Secretary of State is first satisfied that the woman is pregnant, and
the time at which the detention begins.
A woman to whom this section applies who has been released following detention under a relevant detention power may be detained again under such a power in accordance with this section.
This section does not apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule applies.
In this section—“relevant detention power” means a power to detain under—paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal), paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation), section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), or section 36(1) of the UK Borders Act 2007 (detention pending deportation);“woman” means a female of any age.
The Immigration Act 1971 is amended in accordance with subsections (10) and (11).
In paragraph 16 of Schedule 2 (detention of persons liable to examination or removal) after sub-paragraph (2A) insert—
In paragraph 2 of Schedule 3 (detention or control pending deportation) after sub-paragraph (4) insert—
In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) after subsection (7) insert—
In section 36 of the UK Borders Act 2007 (detention) after subsection (2) insert—
Schedule 10 (immigration bail) has effect.
In that Schedule—
Part 1 contains the main provisions about immigration bail, and
Part 2 contains amendments to other Acts.
A person may be released and remain on bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 even if the person can no longer be detained under a provision of the Immigration Acts to which that paragraph applies, if the person is liable to detention under such a provision.
The reference in subsection (3) to paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 includes that paragraph as applied by any other provision of the Immigration Acts.
Subsections (3) and (4) are to be treated as always having had effect.
Power to cancel leave
In section 3C of the Immigration Act 1971 (continuation of leave pending variation decision) after subsection (3) insert—
In section 4(1) of that Act (persons by whom and means by which powers are to be exercised) after “conditions)” insert “ or to cancel any leave under section 3C(3A) ”.
Appeals
Section 94B of the Nationality, Immigration and Asylum Act 2002 (appeals from within the United Kingdom: certification of human rights claims made by persons liable to deportation) is amended in accordance with subsections (2) to (5).
In the heading omit “made by persons liable to deportation”.
In subsection (1) omit the words from “who is liable” to the end of paragraph (b).
In subsection (2) for the words from “removal” to “removed” substitute “ refusing P entry to, removing P from or requiring P to leave the United Kingdom ”.
In subsection (3) for the words from “removed” in the first place it appears to “removed” in the second place it appears substitute “ refused entry to, removed from or required to leave the United Kingdom ”.
In section 92(3)(a) of that Act (cases where human rights claim appeal must be brought from outside the United Kingdom) omit “made by persons liable to deportation”.
In the Immigration Act 1971 omit section 3D (continuation of leave following revocation).
In section 2(2)(a) of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals) omit “or 3D”.
In section 120(4)(b) of the Nationality, Immigration and Asylum Act 2002 (requirement to state additional grounds for application etc) omit “or 3D”.
In consequence of the repeals made by this section, the following are repealed—
paragraph 14(b)(i) of Schedule 1 to the Immigration, Asylum and Nationality Act 2006, and
paragraph 22 of Schedule 9 to the Immigration Act 2014.
The repeals made by this section do not apply in relation to a person (“P”) where—
P's leave was extended by virtue of section 3D of the Immigration Act 1971 immediately before 6 April 2015, and
immediately before the coming into force of this section an appeal by P against the variation or revocation of P's leave to enter or remain in the United Kingdom was pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002.
In the Immigration Act 1971 omit paragraph 2A(9) of Schedule 2 (deemed refusal of leave to enter).
In consequence of the repeal made by this section, paragraph 23 of Schedule 9 to the Immigration Act 2014 is repealed.
The repeals made by this section do not apply in relation to a person if, immediately before the coming into force of this section, the person's appeal by virtue of paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 against the cancellation of the person's leave to enter under paragraph 2A(8) of that Schedule was pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002.
Support etc for certain categories of migrant
Support
Schedule 11 (support for certain categories of migrant) has effect.
The Secretary of State must, as soon as possible after the passing of this Act, make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee children from other countries in Europe.
The number of children to be resettled under subsection (1) shall be determined by the Government in consultation with local authorities.
The relocation of children under subsection (1) shall be in addition to the resettlement of children under the Vulnerable Persons Relocation Scheme.
Schedule 12 (availability of local authority support) has effect.
Transfer of responsibility for relevant children
This section applies in relation to a local authority ... (“the first authority”) if—
the authority has functions under any of the relevant provisions in relation to a relevant child, or
functions under any of the relevant provisions may be conferred on the authority in relation to a relevant child.
The first authority may make arrangements with another local authority in the same part of the United Kingdom (“the second authority”) under which—
if this section applies to the authority by virtue of paragraph (a) of subsection (1), the functions mentioned in that paragraph become functions of the second authority in relation to the relevant child, and
if this section applies to the authority by virtue of paragraph (b) of subsection (1), the functions mentioned in that paragraph become functions that may be conferred on the second authority in relation to the relevant child.
The effect of arrangements under subsection (2) is that, from the time at which the arrangements have effect in accordance with their terms—
functions under the relevant provisions cease to be functions of, and may not be conferred on, the first authority in relation to the relevant child (“C”),
any of the relevant provisions which immediately before that time applied in relation to C as a result of C's connection with the first authority or the area of the first authority have effect as if C had that connection with the second authority or the area of the second authority (if that would not otherwise be the case), and
C is to be treated for the purposes of the relevant provisions as if C were not and had never been ordinarily resident in the area of the first authority (if that would otherwise be the case).
The first authority may make arrangements with another local authority in a different part of the United Kingdom (“the second authority”) having the effects mentioned in subsection (3B).
The effects are that, from the time at which the arrangements have effect in accordance with their terms—
the first authority ceases to have any functions in relation to the relevant child (“C”) under the relevant provisions and functions under those provisions may not be conferred on the first authority in relation to C,
C is to be treated as having a like connection with the second authority, or the area of the second authority, as C had immediately before that time with the first authority or the area of the first authority, and
C is to be treated for the purposes of the relevant provisions in relation to both the first authority and the second authority as if the first authority had never had any functions in relation to C.
Where a statutory provision would, but for this subsection, require the approval of a court or of any other person for arrangements under subsection (3A), that statutory provision does not apply in relation to such arrangements.
Subsections (3)(b) and (3B)(b) are subject to any change in C's circumstances after the time at which the arrangements have effect.
Nothing in subsection (3) or (3B) affects any liability of the first authority in relation to C for any act or omission of the first authority before the time at which the arrangements have effect.
The Secretary of State may by regulations make further provision about the effect of arrangements under this section.
Arrangements under this section may not be brought to an end by the first or second authority once they have come into effect.
In this section “local authority”—
in relation to England and Wales has the same meaning as in the Children Act 1989 (see section 105(1) of that Act),
in relation to Scotland means a council constituted under section 2 of the Local Government etc.(Scotland) Act 1994, and
in relation to Northern Ireland means a Health and Social Care trust established under Article 10 of the Health and Personal Services (Northern Ireland) Order 1991.
In this section “the relevant provisions”—
in relation to a local authority in England, means the provisions of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families and care, supervision and protection of children), and
in relation to a local authority in Wales, Scotland or Northern Ireland, means any statutory provision which confers functions on, or which are exercisable by, such an authority which correspond, or are similar, to the functions conferred on a local authority in England by or under any of those Parts of that Act.
In this section “relevant child” means—
a person under the age of 18 who is unaccompanied and has made a protection claim which has not been determined,
a person under the age of 18 who is unaccompanied and who—
requires leave to enter or remain in the United Kingdom but does not have it, and
is a person of a kind specified in regulations made by the Secretary of State, or
a person under the age of 18 who is unaccompanied and who—
has leave to enter or remain in the United Kingdom, and
is a person of a kind specified in regulations made by the Secretary of State.
The Secretary of State may by regulations make provision about the meaning of “unaccompanied” for the purposes of subsection (9).
In subsection (9)—
“protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002, and
the reference to a protection claim having been determined is to be construed in accordance with section 94(3) of the Immigration and Asylum Act 1999.
In this section “statutory provision” means a provision made by or under—
an Act,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
an Act of the Northern Ireland Assembly.
In this section a reference to a part of the United Kingdom is a reference to England, Wales, Scotland or Northern Ireland.
The Secretary of State may direct a local authority ... to provide information of the kind specified in subsection (2) to the Secretary of State for the purposes of enabling—
arrangements to be made under section 69, or
the Secretary of State to exercise functions under section 72.
The information mentioned in subsection (1) is—
information about the support or accommodation provided to children who are looked after by the local authority within the meaning of the relevant provisions;
such other information as may be specified in regulations made by the Secretary of State.
A local authority which is directed to provide information under this section must provide it—
in such form and manner as the Secretary of State may direct, and
before such time or before the end of such period as the Secretary of State may direct.
In this section “local authority” and “relevant provisions” have the same meanings as in section 69.
Subsection (2) applies if—
a local authority ... (“the first authority”) requests another local authority ... (“the second authority”) to enter into arrangements under section 69, and
the second authority does not comply with the first authority's request.
The Secretary of State may direct the second authority to provide the first authority and the Secretary of State with written reasons for its failure to comply with the request.
In this section “local authority” has the same meaning as in section 69.
The Secretary of State may prepare a scheme for functions of, or which may be conferred on, a local authority ... (“the transferring authority”) to become functions of, or functions which may be conferred on, one or more other local authorities in the same part of the United Kingdom (a “receiving authority”) in accordance with arrangements under section 69(2).
The Secretary of State may prepare a scheme in relation to a local authority to which section 69 applies (“the transferring authority”) and one or more other local authorities in one or more other parts of the United Kingdom (“a receiving authority”) having the effects mentioned in section 69(3B).
A scheme under this section—
must specify the local authorities to which it relates, and
unless it relates to all relevant children who may be the subject of arrangements under section 69 between the transferring authority and each receiving authority, must specify the relevant child or children, or descriptions of relevant children, to which it relates.
The Secretary of State may direct the transferring authority and each receiving authority under a scheme under this section to comply with the scheme.
A direction may not be given under subsection (3) unless the Secretary of State is satisfied that compliance with the direction will not unduly prejudice the discharge by each receiving authority of any of its functions.
Before giving a direction under subsection (3) to a local authority, the Secretary of State must give the authority notice in writing of the proposed direction.
The Secretary of State may not give a direction to a local authority before the end of the period of 14 days beginning with the day on which notice under subsection (5) was given to it.
The local authority may make written representations to the Secretary of State about the proposed direction within that period.
The Secretary of State may modify or withdraw a direction under subsection (3) by notice in writing to the local authorities to which it was given.
A modification or withdrawal of a direction does not affect any arrangements made under section 69 pursuant to the direction before it was modified or withdrawn.
Subsections (5) to (7) apply to the modification or withdrawal of a direction as they apply to the giving of a direction, but as if—
the reference to the proposed direction were to the proposed modification or proposal to withdraw the direction, and
subsection (6) permitted the Secretary of State to withdraw the direction before the end of the 14 day period with the agreement of the local authorities to which it applies.
In this section “local authority” , “relevant child” and “part of the United Kingdom” have the same meanings as in section 69.
The Secretary of State may by regulations make provision which—
has a similar effect to—
any of the provisions mentioned in subsection (1), or
applies in relation to Wales, Scotland or Northern Ireland.
Regulations under subsection (1) may amend, repeal or revoke any enactment (including an enactment contained in this Act).
Regulations under subsection (1) or (2) may not confer functions on—
the Welsh Ministers,
the Scottish Ministers,
the First Minister and deputy First Minister in Northern Ireland,
a Northern Ireland Minister, or
a Northern Ireland department.
In this section “enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
Border security
In paragraph 26 of Schedule 2 to the Immigration Act 1971 (supplementary duties of those connected with ships or aircraft or with ports) after sub-paragraph (3A) insert—
In that Schedule after Part 1 insert the Part 1A set out in Schedule 13.
Schedule 14 (maritime enforcement) has effect.
In section 8 of the Immigration Act 1971 (exceptions for seamen, aircrews and other special cases) in subsection (5) after “expired” insert “ or otherwise ceased to be in force ”.
In section 8A of that Act (persons ceasing to be exempt) after subsection (3) insert—
Section 8B of that Act (persons excluded from the United Kingdom under international obligations) is amended as follows.
In subsection (1) after paragraph (b) insert—.
For subsection (3) substitute—
In subsection (4) for “a designated instrument” substitute “ an instrument falling within subsection (5) ”.
In subsection (5) for “The Secretary of State may by order designate an instrument” substitute “ An instrument falls within this subsection ”.
After subsection (5) insert—
Omit subsections (6) to (8).
Language requirements for public sector workers
A public authority must ensure that each person who works for the public authority in a customer-facing role speaks fluent English.
In determining how to comply with subsection (1), a public authority must have regard to the code of practice under section 80 that is for the time being applicable to that authority.
A public authority must operate an adequate procedure for enabling complaints to be made to the authority about breaches by the authority of subsection (1) and for the consideration of such complaints.
In determining whether a procedure is adequate for the purposes of subsection (3), a public authority must have regard to the code of practice under section 80 that is for the time being applicable to that authority.
For the purposes of this Part a person works for a public authority if the person works—
under a contract of employment with the public authority,
under a contract of apprenticeship with the public authority,
under a contract to do work personally with the public authority,
in England and Wales or Scotland, as an agency worker within the meaning of the Agency Workers Regulations 2010 (SI 2010/93) in respect of whom the public authority is the hirer within the meaning of those regulations,
in Northern Ireland, as an agency worker within the meaning of the Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in respect of whom the public authority is the hirer within the meaning of those regulations,
for the public authority as a constable, or
for the public authority in the course of Crown employment.
In subsection (5) “Crown employment”—
in relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996,
in relation to Northern Ireland, has the meaning given by Article 236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16)), and
includes service as a member of the armed forces of the Crown and employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996.
References in this Part to a person who works in a customer-facing role are to a person who, as a regular and intrinsic part of the person's role, is required to speak to members of the public in English.
For the purposes of this Part a person speaks fluent English if the person has a command of spoken English which is sufficient to enable the effective performance of the person's role.
This section applies in relation to a person who is working in a customer-facing role for a public authority when this section comes into force as well as to a person who begins to work in such a role after that time.
This section does not apply in relation to a person whose work is carried out wholly or mainly outside the United Kingdom.
Subject as follows, in this Part “public authority” means a person with functions of a public nature.
A person is not a public authority for the purposes of this Part if, apart from this subsection, the person would be a public authority for those purposes merely because the person exercises functions on behalf of another public authority.
A person who exercises functions in relation to Scotland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to a reserved matter.
In subsection (3) “Scotland” and “reserved matter” have the same meanings as in the Scotland Act 1998.
A person who exercises functions in relation to Wales is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions are functions that could not be conferred by provision falling within the legislative competence of the National Assembly for Wales.
A person who exercises functions in relation to Northern Ireland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to an excepted matter.
In subsection (6) “Northern Ireland” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.
The following are not public authorities for the purposes of this Part—
the Security Service;
the Secret Intelligence Service;
the Government Communications Headquarters.
The relevant Minister may by regulations amend subsection (8) so as to add, modify or remove a reference to a person or description of person with functions of a public nature.
The relevant Minister may by regulations amend section 77 with the effect that a person who works for a contractor of a public authority is a person who works for the authority for the purposes of this Part.
In subsection (1) “contractor”, in relation to a public authority, means a person who—
provides a service to members of the public as a result of an arrangement made with a public authority (whether or not by that person), but
is not a public authority.
For the purposes of subsection (1) a person works for a contractor if the person works—
under a contract of employment with the contractor,
under a contract of apprenticeship with the contractor,
under a contract to do work personally with the contractor,
in England and Wales or Scotland, as an agency worker within the meaning of the Agency Workers Regulations 2010 (SI 2010/93) in respect of whom the contractor is the hirer within the meaning of those regulations, or
in Northern Ireland, as an agency worker within the meaning of the Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in respect of whom the contractor is the hirer within the meaning of those regulations.
The relevant Minister must issue a code or codes of practice for the purposes of section 77.
A code of practice must include provision about the following matters—
the standard of spoken English to be met by a person working for a public authority to which the code applies in a customer-facing role;
the action available to such a public authority where such a person does not meet that standard;
the procedure to be operated by such a public authority for enabling complaints to be made to the authority about breaches by the authority of section 77(1) and for the consideration of such complaints;
how the public authority is to comply with its other legal obligations as well as complying with the duty in section 77(1).
A code of practice may make such other provision as the relevant Minister considers appropriate for securing that a person who works for a public authority to which the code applies in a customer-facing role speaks fluent English.
A code of practice may make provision in relation to—
all public authorities,
particular descriptions of public authority, or
particular public authorities.
But the relevant Minister must ensure that there is at all times a code of practice in force which applies to each public authority.
A code of practice may make different provision for different purposes, including different provision for different public authorities or descriptions of public authority.
In preparing a code of practice the relevant Minister must consult such persons as the relevant Minister thinks appropriate.
Before issuing a code of practice the relevant Minister must lay a draft of the code before Parliament.
A code of practice comes into force in accordance with provision made by regulations made by the relevant Minister.
After a code of practice has come into force the relevant Minister must publish it in such manner as the relevant Minister thinks appropriate.
The relevant Minister may from time to time review a code of practice and may revise and re-issue it following a review.
References in subsections (1) to (4) to a code of practice include a revised code.
Subsection (2) makes provision about the application of this Part in relation to—
a public authority that exercises functions only in Wales, and
a public authority that exercises functions outside Wales and in Wales, to the extent that it exercises functions in Wales.
In the provisions of this Part listed in subsection (3) references to English are to be read as references to English or Welsh.
Those provisions are—
section 80(2)(a) and (3).
In this Part—“contract” means a contract whether express or implied and, if express, whether oral or in writing;“public authority” has the meaning given by section 78;“relevant Minister” means the Secretary of State or the Minister for the Cabinet Office ;“Wales” has the same meaning as in the Government of Wales Act 2006.
This Part binds the Crown.
Fees and charges
Immigration
The Immigration Act 2014 is amended as follows.
After section 70 insert—
In section 74(2) (orders and regulations which are subject to affirmative resolution procedure) after paragraph (j) insert—.
Passports and civil registration
The Secretary of State may by regulations provide for fees to be charged in respect of the exercise by the Secretary of State of such functions in connection with applications for the issue of a passport or other travel document as may be specified.
Regulations under subsection (1) are referred to in this section and section 87 as “passport fees regulations”.
Passport fees regulations must provide for the fee in respect of the exercise of each specified function to comprise one or more amounts each of which is—
a specified fixed amount, or
an amount calculated by reference to a specified hourly rate or other specified factor.
Provision made under subsection (3) may be intended to result in a fee in respect of a specified function which exceeds the costs of exercising the function.
In specifying the amount of any fee, or hourly rate or other factor, the Secretary of State may have regard only to the costs of exercising—This is subject to section 87(5).
the function;
any other function of the Secretary of State in connection with United Kingdom passports or other UK travel documents;
any consular function.
In respect of any fee provided for under this section, passport fees regulations may—
provide for exceptions;
provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);
make provision about—
the consequences of failure to pay a fee;
enforcement;
when a fee may or must be paid.
In this section—“consular function” means—any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968; any function in the United Kingdom which corresponds to a function mentioned in paragraph (a); in each case regardless of whether the function is exercised by a consular officer or by another person authorised by the Secretary of State;“costs” includes—the costs of the Secretary of State, and the costs of any other person (whether or not funded from public money);“function” includes a power or a duty;“specified” means specified in passport fees regulations;“travel document” means a document which enables or facilitates travel from one state to another and a “UK travel document” means such a document issued by the Secretary of State;“United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act).
Any reference in this section to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—and, for this purpose, “arrangements” includes arrangements for the convenience of applicants or persons making requests for the exercise of a function.
at particular times or in a particular place;
under particular arrangements;
otherwise in particular ways,
Passport fees regulations may be made only with the consent of the Treasury.
A fee under section 86 may relate to something done outside the United Kingdom.
Fees payable by virtue of section 86 may be recovered as a debt due to the Secretary of State.
Fees paid to the Secretary of State by virtue of section 86 must be—
paid into the Consolidated Fund, or
applied in such other way as passport fees regulations may specify.
Section 86 is without prejudice to—
section 1 of the Consular Fees Act 1980 (fees for consular acts etc),
section 102 of the Finance (No 2) Act 1987 (government fees and charges), or
any other power to charge a fee.
The Secretary of State may charge a fee in respect of the provision of passport validation services to persons on request.
“Passport validation services” are services in connection with confirming the validity of United Kingdom passports or the accuracy of the information contained in them which are provided for the purpose of preventing or detecting crime.
In this section “United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act).
A fee payable under this section may be recovered as a debt due to the Secretary of State.
Fees paid to the Secretary of State under this section must be—
paid into the Consolidated Fund, or
applied in such other way as the Secretary of State may by regulations specify.
Regulations under subsection (5) may be made only with the consent of the Treasury.
This section is without prejudice to—
section 1 of the Consular Fees Act 1980 (fees for consular acts etc),
section 102 of the Finance (No 2) Act 1987 (government fees and charges), or
any other power to charge a fee.
Schedule 15 (civil registration fees) has effect.
In that Schedule—
Part 1 amends enactments about civil registration in connection with powers to make regulations for the charging of fees, and
Part 2 makes consequential and related amendments.
Miscellaneous and general
Welfare of children
For the avoidance of doubt, this Act does not limit any duty imposed on the Secretary of State or any person by section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding welfare of children).
Final provisions
The following are to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by a Minister of the Crown, a person holding office under Her Majesty or a government department, and
any increase attributable to the Act in the sums payable under any other Act out of money so provided.
The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.
The provision that may be made by regulations under subsection (2) includes provision amending, repealing or revoking any enactment.
“Enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—
omit the “and” at the end of paragraph (i), and
at the end of paragraph (j) insert
Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act are to be made by statutory instrument.
A statutory instrument containing (whether alone or with other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
regulations under section 3 which amend or repeal primary legislation,
regulations under section 6,
regulations under section 11 which amend or repeal primary legislation,
regulations under section 36(2),
regulations under section 70(2)(b),
regulations under section 78(9),
regulations under section 79(1),
passport fees regulations within the meaning of section 86 which include provision specifying functions as mentioned in subsection (1) of that section,
regulations under section 92(2) which amend or repeal primary legislation,
regulations under paragraph 1(13) of Schedule 6, and
regulations under paragraph 2(7) of that Schedule.
Primary legislation means any of the following—
an Act of Parliament;
an Act of the Scottish Parliament;
a Measure or Act of the National Assembly for Wales;
Northern Ireland legislation.
A statutory instrument—is subject to annulment in pursuance of a resolution of either House of Parliament.
containing any other regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act, and
to which subsection (2) does not apply,
Regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act—
may make different provision for different purposes or areas,
may make provision which applies generally or for particular purposes or areas,
may make transitional, transitory or saving provision, or
may make incidental, supplementary or consequential provision.
Subject to subsections (3) to (5) this Act comes into force on such day as the Secretary of State appoints by regulations.
Regulations under subsection (1) may appoint different days for different purposes or areas.
Subsections (3) to (5) of section 61 come into force on the day on which this Act is passed.
Section 85 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
This Part comes into force on the day on which this Act is passed.
This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.
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Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.
Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.
A power under any provision listed in subsection (7) may be exercised so as to extend (with or without modifications) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (7) relates.
Those provisions are—
section 36 of the Immigration Act 1971,
section 52(2) of the Civil Jurisdiction and Judgments Act 1982,
section 9(3) of the Special Immigration Appeals Commission Act 1997,
section 170(7) of the Immigration and Asylum Act 1999,
section 163(4) of the Nationality, Immigration and Asylum Act 2002,
section 49(3) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004,
section 63(3) of the Immigration, Asylum and Nationality Act 2006,
section 60(4) of the UK Borders Act 2007,
section 76(6) of the Immigration Act 2014, and
section 60(6) of the Modern Slavery Act 2015.
This Act may be cited as the Immigration Act 2016.
Persons to whom Director etc may disclose information
Authorities with functions in connection with the labour market or the work place etc
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Law enforcement and border security
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Local government
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Health bodies
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Other
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Functions in relation to labour market
Employment Agencies Act 1973 (c. 35)
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National Minimum Wage Act 1998 (c. 39)
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Modern Slavery Act 2015 (c.30)
The Modern Slavery Act 2015 is amended as follows.
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Section 15 (slavery and trafficking prevention orders on application) is amended as follows.
In subsection (1)—
omit the “or” after paragraph (b);
after paragraph (c) insert
In subsection (7)—
for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;
for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.
In subsection (8)(b)—
for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;
for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.
In section 19(7) (requirement to provide name and address)—
for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;
for “or the officer” substitute “ , the officer or the Authority ”.
Section 20 (variation, renewal and discharge) is amended as follows.
In subsection (2), after paragraph (f) insert—
In subsection (9)—
for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;
for “or the Director General”, in the second and third places it occurs, substitute “ , the Director General or the Authority ”.
Section 23 (slavery and trafficking risk orders) is amended as follows.
In subsection (1)—
omit the “or” after paragraph (b);
after paragraph (c) insert
In subsection (6)—
for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;
for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.
In subsection (7)(b)—
for “or the Director General” substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;
for “or Director General” substitute “ , the Director General or the Authority ”.
In section 26(7) (requirement to provide name and address)—
for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;
for “or the officer” substitute “ , the officer or the Authority ”.
Section 27 (variation, renewal and discharge) is amended as follows.
In subsection (2), after paragraph (f) insert—
In subsection (7)—
for “or the Director General” in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;
for “or the Director General” in the second and third places it occurs, substitute “ , the Director General or the Authority ”.
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Consequential and related amendments
Public Records Act 1958 (c. 51)
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Parliamentary Commissioner Act 1967 (c. 13)
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Superannuation Act 1972 (c. 11)
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Employment Agencies Act 1973 (c. 35)
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House of Commons Disqualification Act 1975 (c. 24)
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Northern Ireland Assembly Disqualification Act 1975 (c. 25)
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National Minimum Wage Act 1998 (c. 39)
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Regulation of Investigatory Powers Act 2000 (c. 23)
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Freedom of Information Act 2000 (c. 36)
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Police Reform Act 2002 (c. 30)
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Gangmasters (Licensing) Act 2004 (c. 11)
The Gangmasters (Licensing) Act 2004 is amended as follows.
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In section 3 (work to which Act applies)—
in subsection (5)(b), for the words from “the following nature” to the end substitute “ a prescribed description as being work to which this Act applies ”;
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Section 19 (information relating to gangmasters) is amended as follows.
In subsection (1)—
for the words before paragraph (a) substitute “ Information to which this subsection applies— ”;
for paragraph (a) substitute—.
After subsection (1) insert—
In subsection (2)—
omit “relating to the operations of a person acting as a gangmaster”;
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Schedule 2 (application of Act to Northern Ireland) is amended as follows.
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In paragraph 7, for paragraph (b) substitute—
In paragraph 10, for sub-paragraph (2) substitute—
After paragraph 16 insert—
Pensions Act 2004 (c. 35)
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Natural Environment and Rural Communities Act 2006 (c. 16)
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Regulatory Enforcement and Sanctions Act 2008 (c. 13)
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Modern Slavery Act 2015 (c. 30)
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Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)
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Licensing Act 2003: amendments relating to illegal working
Entitlement to work in the United Kingdom
After section 192 of the Licensing Act 2003 insert—
Premises licences
Part 3 of the Licensing Act 2003 (premises licences) is amended as follows.
In section 13(4) (meaning of “responsible authority”), after paragraph (h) insert—.
Section 16 (applicant for premises licence) is amended as follows.
In subsection (1), at the beginning insert “ Subject to subsections (2) and (2A), ”.
In subsection (2), omit “But”.
After subsection (2) insert—
In section 27 (death, incapacity, insolvency etc of licence holder), after subsection (1) insert—
Section 42 (application for transfer of premises licence) is amended as follows.
After subsection (2) insert—
After subsection (5) insert—
In subsection (5A), for “subsection (5)” substitute “ subsections (5) and (5ZA) ”.
After subsection (7) insert—
Section 44(5) (determination of transfer application) is amended as follows.
In the words before paragraph (a), after “section 42(6)” insert “ or (8) ”.
In paragraph (a), for “chief officer of police” substitute “ person ”.
For paragraph (b) substitute—
In subsection (2)—
after “that section” insert “ or the Secretary of State gave a notice under subsection (8) of that section ”;
for “(and it” substitute “ (which, in either case, ”.
After subsection (2) insert—
Section 47 (interim authority notice following death etc of licence holder) is amended as follows.
In subsection (1)—
after “or (c)” insert “ or (1A) ”;
after “holder” insert “ or change of immigration status ”.
In subsection (3), after “subject to” insert “ subsection (3A) and ”.
After subsection (3) insert—
In subsection (7), after paragraph (a) insert—.
In subsection (7A)—
in paragraph (a), for “subsection (7)(a) does” substitute “ paragraphs (a) and (aa) of subsection (7) do ”;
in paragraph (b), at the end insert “ and, where the premises licence authorises premises to be used for a licensable activity within section 1(1)(a) or (d), to the Secretary of State. ”
Section 48 (cancellation of interim authority notice following police objections) is amended as follows.
In the heading, omit “police”.
In subsection (1), for “This section” substitute “ Subsection (2) ”.
After subsection (2) insert—
In subsection (3)—
in the words before paragraph (a), for “by the chief officer of police” substitute “ under subsection (2) or (2B) ”;
in paragraph (a), for “chief officer of police” substitute “ person who gave the notice ”;
for paragraph (b) substitute—
After subsection (5) insert—
Personal licences
Part 6 of the Licensing Act 2003 (personal licences) is amended as follows.
Section 113 (meaning of “relevant offence” and “foreign offence”) is amended as follows.
In the heading, for “and “foreign offence”” substitute “, “immigration offence”, “foreign offence” and “immigration penalty””.
After subsection (2) insert—
At the end insert—
Section 115 (period of validity of personal licence) is amended as follows.
In subsection (2), after “subsections” insert “ (2A), ”.
After subsection (2) insert—
Section 120 (determination of application for grant) is amended as follows.
In subsection (2)—
after paragraph (a) insert—;
in paragraph (d), at the end insert “ or required to pay an immigration penalty ”.
In subsection (3), for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”.
In subsection (4), for “(a), (b) and (c)” substitute “ (a) to (c) ”.
In subsection (5)—
omit the “and” at the end of paragraph (a);
at the end of paragraph (b) insert.
After subsection (5) insert—
In subsection (6), for “is given within that period (or the notice is withdrawn)” substitute “ or immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), or any such notice given is withdrawn, ”.
In subsection (7)—
in the words before paragraph (a), for “In any other case,” substitute “ Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), and not withdrawn, ”;
in paragraph (a)—
omit “objection”;
for “chief officer of police” substitute “ person who gave the notice ”;
for paragraph (b) substitute—
After subsection (7) insert—
Section 122 (notification of determinations) is amended as follows.
In subsection (1)—
after “objection notice” insert “ or the Secretary of State gave an immigration objection notice ”;
after “(which” insert “ , in either case, ”.
After subsection (2) insert—
In subsection (3), in the definition of “objection notice”, for “has” substitute “ and “immigration objection notice” have ”.
Section 123 (duty to notify licensing authority of convictions during application period) is amended as follows.
In the heading, after “convictions” insert “ etc ”.
In subsection (1)—
after “application period” insert “ , or is required to pay an immigration penalty during that period ”;
after “conviction” insert “ or the requirement to pay (as the case may be) ”.
Section 124 (convictions coming to light after grant) is amended as follows.
In subsection (1)—
for “(“the offender”)” substitute “ (“the licence holder”) ”;
at the end insert “ or was required during that period to pay an immigration penalty ”.
In subsection (3)—
in paragraph (a)—
for “applicant” substitute “ licence holder ”;
for “, and” substitute “ which occurred before the end of the application period, ”;
in paragraph (b), after “relevant offence” insert “ and which occurred before the end of the application period ”;
at the end of paragraph (b) insert;
in the words after paragraph (b), omit “which occurred before the end of the application period,”.
After subsection (3) insert—
In subsection (4)—
in the words before paragraph (a), for “is given within that period” substitute “ or an immigration objection notice is given within the period of 14 days referred to in subsection (3) or (3B), as the case may be, ”;
in paragraph (a)—
omit “objection”;
for “holder of the licence, the chief officer of police” substitute “ licence holder, the person who gave the notice ”;
in paragraph (b), for the words from “revoke” to the end of the paragraph substitute
After subsection (5) insert—
Section 125(3) (form of personal licence) is amended as follows.
For “of each” substitute.
At the end insert—
Section 132 (licence holder's duty to notify licensing authority of convictions) is amended as follows.
In the heading, after “convictions” insert “ etc ”.
After subsection (2) insert—
In subsection (3), after “(2)” insert “ or (2B) ”.
In Schedule 4 (personal licence: relevant offences), after paragraph 7 insert—
Rights of entry
Section 179 of the Licensing Act 2003 (rights of entry to investigate licensable activities) is amended as follows.
After subsection (1) insert—
In subsection (2)—
after “authorised person” insert “ or an immigration officer ”;
for “the power”, in the first place it occurs, substitute “ a power ”.
In subsection (3), for “the power” substitute “ a power ”.
In subsection (4), after “authorised person” insert “ or an immigration officer ”.
In subsection (6)—
omit “and” at the end of the definition of “authorisation”;
at the end of the subsection insert—
Appeals
Schedule 5 to the Licensing Act 2003 (appeals) is amended as follows.
Paragraph 6 (transfer of licence) is amended as follows.
In sub-paragraph (1)—
after “42(6)” insert “ or the Secretary of State gave a notice under section 42(8) ”;
after “(which” insert “ , in either case, ”.
In sub-paragraph (2), after “police” insert “ or the Secretary of State, as the case may be, ”.
Paragraph 7 (interim authority notice) is amended as follows.
In sub-paragraph (1)(b)—
after “48(2)” insert “ or the Secretary of State gives a notice under section 48(2B) ”;
after “(which” insert “ , in either case, ”.
After sub-paragraph (3) insert—
In paragraph 9 (general provision about appeals under Part 1 of Schedule 5), in sub-paragraph (4), after “paragraph 7(3)” insert “ or (3A) ”.
Paragraph 17 (personal licences) is amended as follows.
In sub-paragraph (2)—
for “section 120(7)” substitute “ 120(7A) after the giving of a notice under section 120(5) ”;
for “objection notice (within the meaning of section 120(5))” substitute “ notice ”.
After sub-paragraph (2) insert—
After sub-paragraph (5) insert—
In sub-paragraph (8), for “(2), (3) or (5)” substitute “ (2), (2A), (5) or (5A) ”.
At the end insert—
General
In section 10 of the Licensing Act 2003, (sub-delegation of functions by licensing committee etc), in subsection (4)(a), in sub-paragraphs (v), (vi) and (x), omit “police”.
Section 193 of the Licensing Act 2003 (other definitions) is amended as follows.
The existing text becomes subsection (1).
After that subsection insert—
In section 194 of the Licensing Act 2003 (index of defined expressions), insert the following entries at the appropriate places—
In the Police Reform and Social Responsibility Act 2011, omit sections 109(9) and (10) and 111(3) and (5).
Transitional provision
The amendment of section 27 of the Licensing Act 2003 made by paragraph 5 of this Schedule does not apply in relation to a premises licence granted pursuant to an application made before the coming into force of that paragraph.
The amendments of section 115 of the Licensing Act 2003 made by paragraph 14 of this Schedule do not apply in relation to a personal licence granted pursuant to an application made before the coming into force of that paragraph.
The amendment of Schedule 4 to the Licensing Act 2003 made by paragraph 21 of this Schedule applies on and after the coming into force of that paragraph in relation to—
personal licences granted before, on or after the coming into force of that paragraph, and
offences committed before, on or after the coming into force of that paragraph.
Private hire vehicles etc
London Hackney Carriages Act 1843 (c. 86)
Section 18 of the London Hackney Carriages Act 1843 (licences and badges to be delivered up on the discontinuance of licences) is amended as follows.
At the beginning insert “ (1) ”.
At the end of subsection (1) insert—
Metropolitan Public Carriage Act 1869 (c. 115)
The Metropolitan Public Carriage Act 1869 is amended as follows.
In section 8(7) (driver's licence to be in force for three years unless suspended or revoked) for “A” substitute “ Subject to section 8A, a ”.
After section 8 insert—
Plymouth City Council Act 1975 (c. xx)
The Plymouth City Council Act 1975 is amended as follows.
After section 2 insert—
Section 9 (licensing of drivers of private hire vehicles) is amended as follows.
In subsection (1)—
in paragraph (a) after “satisfied” insert “ —(i) ”, and
for the “or” at the end of paragraph (a) substitute.
After subsection (1) insert—
In section 11(1) (drivers' licences for hackney carriages and private hire vehicles)—
in paragraph (a) for “Every” substitute “ Subject to section 11A, every ”, and
in paragraph (b) after “1889,” insert “ but subject to section 11A, ”.
After section 11 insert—
Section 13 (licensing of operators of private hire vehicles) is amended as follows.
In subsection (1)—
after “satisfied” insert “ —(a) ”, and
at the end of paragraph (a) insert
After subsection (1) insert—
In subsection (2) for “Every” substitute “ Subject to section 13A, every ”.
After section 13 insert—
Section 17 (qualification for drivers of hackney carriages) is amended as follows.
In subsection (1)—
in paragraph (a) after “satisfied” insert “ —(i) ”, and
for the “or” at the end of paragraph (a) substitute.
After subsection (1) insert—
Section 19 (suspension and revocation of drivers' licences) is amended as follows.
In subsection (1) before the “or” at the end of paragraph (a) insert—.
After subsection (1) insert—
After subsection (2) insert—
Section 20 (suspension and revocation of operators' licences) is amended as follows.
In subsection (1) before the “or” at the end of paragraph (c) insert—.
After subsection (1) insert—
After section 20 insert—
In section 37 (appeals) after subsection (2) insert—
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.
Section 51 (licensing of drivers of private hire vehicles) is amended as follows.
In subsection (1)—
in paragraph (a) after “satisfied” insert “ —(i) ”, and
for the “or” at the end of paragraph (a) substitute.
After subsection (1) insert—
In section 53(1) (drivers' licences for hackney carriages and private hire vehicles)—
in paragraph (a) for “Every” substitute “ Subject to section 53A, every ”, and
in paragraph (b) after “1889,” insert “ but subject to section 53A, ”.
After section 53 insert—
Section 55 (licensing of operators of private hire vehicles) is amended as follows.
In subsection (1)—
after “satisfied” insert “ —(a) ”, and
at the end of paragraph (a) insert
After subsection (1) insert—
In subsection (2) for “Every” substitute “ Subject to section 55ZA, every ”.
After section 55 insert—
Section 59 (qualification for drivers of hackney carriages) is amended as follows.
In subsection (1)—
in paragraph (a) after “satisfied” insert “ —(i) ”, and
for the “or” at the end of paragraph (a) substitute.
After subsection (1) insert—
Section 61 (suspension and revocation of drivers' licences) is amended as follows.
In subsection (1) before the “or” at the end of paragraph (a) insert—.
After subsection (1) insert—
After subsection (2) insert—
Section 62 (suspension and revocation of operators' licences) is amended as follows.
In subsection (1) before the “or” at the end of paragraph (c) insert—.
After subsection (1) insert—
After section 62 insert—
In section 77 (appeals) after subsection (3) insert—
After section 79 insert—
Civic Government (Scotland) Act 1982 (c. 45)
The Civic Government (Scotland) Act 1982 is amended as follows.
In section 13 (taxi and private hire car driving licences) after subsection (3) insert—
After section 13 insert—
Schedule 1 (licensing - further provisions as to the general system) is amended as follows.
In paragraph 8 (duration of licences) in sub-paragraph (8) after “paragraphs” insert “ 8A and ”.
After paragraph 8 insert—
In paragraph 11 (suspension and revocation of licences) after sub-paragraph (2) insert—
In paragraph 18 (appeals) after sub-paragraph (8) insert—
After paragraph 19 insert—
Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))
Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10)) is amended as follows.
After the entry relating to section 1(3) of the Taxis Act (Northern Ireland) 2008 insert—.
After the entry relating to section 22(6) of the Taxis Act (Northern Ireland) 2008 insert—.
Private Hire Vehicles (London) Act 1998 (c. 34)
The Private Hire Vehicles (London) Act 1998 is amended as follows.
In section 1(1) (meaning of “private hire vehicle” etc)—
omit the “and” at the end of paragraph (a), and
at the end of paragraph (b) insert
Section 3 (London operator's licences) is amended as follows.
In subsection (3) for the “and” at the end of paragraph (a) substitute—.
After subsection (3) insert—
In subsection (5) for “A” substitute “ Subject to section 3A, a ”.
After section 3 insert—
Section 13 (London PHV driver's licences) is amended as follows.
In subsection (2) for the “and” at the end of paragraph (a) substitute—.
After subsection (2) insert—
In subsection (5) at the beginning of paragraph (c) insert “ subject to section 13A, ”.
After section 13 insert—
Section 16 (power to suspend or revoke licences) is amended as follows.
In subsection (2) before the “or” at the end of paragraph (a) insert—.
After subsection (2) insert—
In subsection (4) at the end of paragraph (a) insert—.
After subsection (4) insert—
In section 25 (appeals) after subsection (7) insert—
Section 32 (regulations) is amended as follows.
In subsection (1) after “other than section” in the first place those words appear insert “ 3A(8), 13A(8) or ”.
After subsection (2) insert—
In subsection (4) after “made under section” insert “ 3A(8), 13A(8) or ”.
After section 35 insert—
In section 36 (interpretation) at the appropriate place insert—.
Taxis Act (Northern Ireland) 2008 (c. 4)
The Taxis Act (Northern Ireland) 2008 is amended as follows.
Section 2 (operator's licences) is amended as follows.
In subsection (4) for the “and” at the end of paragraph (a) substitute—.
After subsection (4) insert—
In subsection (7) for “An” substitute “ Subject to section 2A, an ”.
After section 2 insert—
Section 23 (taxi driver's licences) is amended as follows.
In subsection (2) after paragraph (a) insert—.
After subsection (2) insert—
In subsection (8) for “A” substitute “ Subject to section 23A, a ”.
After section 23 insert—
Section 26 (power to suspend, revoke or curtail licences) is amended as follows.
In subsection (2) before the “or” at the end of paragraph (a) insert—.
After subsection (2) insert—
In subsection (6) before the “or” at the end of paragraph (a) insert—.
After subsection (6) insert—
In section 32 (return of licences etc) after subsection (5) insert—
In section 34 (appeals) after subsection (5) insert—
After section 56 insert—
Transitional provision
Subject to sub-paragraph (2), an amendment made by any of paragraphs 3, 4, 7 to 12, 18 to 23, 30, 32(2) and (3), 36 to 39 and 46 to 49 does not apply in relation to an application for a licence made before the coming into force of that paragraph or a licence granted in response to such an application.
Sub-paragraph (1) does not prevent an amendment made by any of those paragraphs from applying in relation to—
an application for the renewal of a licence where that licence was granted before the coming into force of that paragraph, or
a licence renewed in response to such an application.
Subject to sub-paragraphs (2) and (3), an amendment made by any of paragraphs 13, 14, 24, 25, 32(4), 40 and 50 applies in relation to a licence granted before or after the coming into force of that paragraph.
An amendment made by any of those paragraphs applies in relation to a conviction for an immigration offence only if the person in question has been convicted of that offence after the coming into force of that paragraph in respect of the person's conduct after that time.
An amendment made by any of those paragraphs applies in relation to a requirement to pay an immigration penalty only if the person in question has been required to pay the penalty after the coming into force of that paragraph in respect of the person's conduct after that time.
Section 19(1) of the Plymouth City Council Act 1975 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 13 as if before the “or” at the end of paragraph (a) there were inserted—.
Section 20A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “ or (ab) ”.
Section 20(1) of that Act has effect in relation to an operator's licence granted before the coming into force of paragraph 14 as if before the “or” at the end of paragraph (c) there were inserted—.
Section 20A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “ or (cb) ”.
Section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976 has effect in relation to the licence of a driver of a hackney carriage or private hire vehicle granted before the coming into force of paragraph 24 as if before the “or” at the end of paragraph (a) there were inserted—.
Section 62A(1)(a) of that Act has effect in relation to such a licence as if after “subsection (1)(aa)” there were inserted “ or (ab) ”.
Section 62(1) of that Act has effect in relation to an operator's licence granted before the coming into force of paragraph 25 as if before the “or” at the end of paragraph (c) there were inserted—.
Section 62A(1)(b) of that Act has effect in relation to such a licence as if after “subsection (1)(ca)” there were inserted “ or (cb) ”.
Subsections (3A) to (3C) of section 13 of the Civic Government (Scotland) Act 1982 apply in relation to an application for the renewal of a taxi driver's or private hire car driver's licence granted before the coming into force of paragraph 30 as they apply in relation to an application for the grant of such a licence made after that time.
Illegal working closure notices and illegal working compliance orders
Illegal working closure notices
An immigration officer of at least the rank of chief immigration officer may issue an illegal working closure notice in respect of premises if satisfied on reasonable grounds that the conditions in sub-paragraphs (3) and (6) are met.
An illegal working closure notice is a notice which prohibits, for a period specified in the notice—
access to the premises other than by a person who habitually lives on the premises, except where authorised in writing by an immigration officer;
paid or voluntary work being performed on the premises, except where so authorised.
The condition in this sub-paragraph is that an employer operating at the premises is employing a person over the age of 16 and subject to immigration control—
who has not been granted leave to enter or remain in the United Kingdom, or
whose leave to enter or remain in the United Kingdom—
is invalid,
has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
is subject to a condition preventing the person from accepting the employment.
Where a person is on immigration bail within the meaning of Part 1 of Schedule 10—
the person is to be treated for the purposes of sub-paragraph (3) as if the person had been granted leave to enter the United Kingdom, but
any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.
A person falling within sub-paragraph (3) is referred to in this Schedule as an “illegal worker”.
The condition in this sub-paragraph is that the employer, or a connected person in relation to the employer—
has been convicted of an offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”),
has, during the period of three years ending with the date on which the illegal working closure notice is issued, been required to pay a penalty under section 15 of the 2006 Act, or
has at any time been required to pay such a penalty and failed to pay it.
Sub-paragraph (6)(a) does not apply in relation to a conviction which is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)).
For the purposes of sub-paragraph (6)(b) and (c)—
a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay the penalty if—
the person is excused payment by virtue of section 15(3) of that Act, or
a person to whom such a notice has been given is not to be treated as having been required to pay the penalty until such time as—
the period for giving a notice of objection under section 16 of the 2006 Act has expired and the Secretary of State has considered any notice given within that period, and
if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.
For the purposes of sub-paragraph (6), a person is a connected person in relation to an employer if—
where the employer is a body corporate, the person is—
a director, manager or secretary of the body corporate,
purporting to act as a director, manager or secretary of the body corporate, or
if the affairs of the body corporate are managed by its members, a member of the body corporate;
where the employer is a partnership (whether or not a limited partnership), the person is a partner or purporting to act as a partner;
where the employer is an individual, the person is—
a body corporate of which the individual has at any time been a director, manager or secretary,
a body corporate in relation to which the individual has at any time purported to act as a director, manager or secretary,
a body corporate whose affairs are managed by its members and the individual has at any time been a member of the body corporate,
a partnership (whether or not a limited partnership) in which the individual has at any time been a partner or in relation to which the individual has at any time purported to act as a partner.
An illegal working closure notice may not be issued if the employer shows in relation to the employment of each illegal worker that if a penalty notice were given under section 15 of the 2006 Act the employer would be excused under subsection (3) of that section from paying the penalty.
An illegal working closure notice may be issued only if reasonable efforts have been made to inform—that the notice is going to be issued.
people who live on the premises (whether habitually or not), and
any person who has an interest in the premises,
Before issuing an illegal working closure notice the immigration officer must ensure that any person the officer thinks appropriate has been consulted.
The Secretary of State may by regulations amend sub-paragraph (1) to change the rank specified in that sub-paragraph.
An illegal working closure notice must—
identify the premises;
explain the effect of the notice;
state that failure to comply with the notice is an offence;
state that an application will be made under paragraph 5 for an illegal working compliance order;
specify when and where the application will be heard;
explain the effect of an illegal working compliance order.
The maximum period that may be specified in an illegal working closure notice is 24 hours unless sub-paragraph (3) applies.
The maximum period is 48 hours if the notice is issued by an immigration officer of at least the rank of immigration inspector.
In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.
The period specified in an illegal working closure notice to which sub-paragraph (3) does not apply may be extended by up to 24 hours if an extension notice is issued by an officer of at least the rank of immigration inspector.
An extension notice is a notice which—
identifies the illegal working closure notice to which it relates, and
specifies the period of the extension.
The Secretary of State may by regulations amend sub-paragraph (3) or sub-paragraph (5) to change the rank specified in that sub-paragraph.
Cancellation of illegal working closure notices
An immigration officer may by the issue of a cancellation notice cancel an illegal working closure notice if—
the immigration officer considers that the condition in paragraph 1(3) or (6) is not met, or
the employer shows in relation to the employment of each illegal worker that if a penalty notice were given under section 15 of the 2006 Act the employer would be excused under subsection (3) of that section from paying the penalty.
A cancellation notice may be issued only—
by an immigration officer of at least the rank of the immigration officer who issued the illegal working closure notice, or
where the illegal working closure notice has been extended by an extension notice, by an immigration officer of at least the rank of the immigration officer who issued the extension notice.
Service of notices
A notice under paragraph 1, 2 or 3 must be served by an immigration officer.
The immigration officer must if possible—
fix a copy of the notice to at least one prominent place on the premises,
fix a copy of the notice to each normal means of access to the premises,
fix a copy of the notice to any outbuildings that appear to the immigration officer to be used with or as part of the premises,
give a copy of the notice to at least one person who appears to the immigration officer to have control of or responsibility for the premises,
give a copy of the notice to the people who live on the premises and to any person who does not live there but was informed (under paragraph 1(11)) that the notice was going to be issued.
If the immigration officer reasonably believes, at the time of serving the notice, that there are persons occupying another part of the building or other structure in which the premises are situated whose access to that part will be impeded if an illegal working compliance order is made under paragraph 5, the immigration officer must also if possible serve the notice on those persons.
The immigration officer may enter any premises, using reasonable force if necessary, for the purposes of complying with sub-paragraph (2)(a).
Illegal working compliance orders
Whenever an illegal working closure notice is issued an application must be made to the court for an illegal working compliance order (unless the notice has been cancelled under paragraph 3).
An application for an illegal working compliance order must be made by an immigration officer.
The application must be heard by the court not later than 48 hours after service of the illegal working closure notice.
In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.
The court may make an illegal working compliance order in respect of premises if it is satisfied, on the balance of probabilities—
that the conditions in paragraph 1(3) and (6) are met, and
that it is necessary to make the illegal working compliance order to prevent an employer operating at the premises from employing an illegal worker.
An illegal working compliance order may—
prohibit or restrict access to the premises;
require a person specified in the order to carry out, at such times as may be so specified, such checks relating to the right to work as may be prescribed by the Secretary of State in regulations;
require a person specified in the order to produce to an immigration officer, at such times and such places as may be so specified, such documents relating to the right to work as may be prescribed by the Secretary of State in regulations;
specify the times at which and the circumstances in which an immigration officer may enter the premises to carry out such investigations or inspections as may be specified in the order;
make such other provision as the court considers appropriate.
Different provisions in an illegal working compliance order may have effect for different periods.
The maximum period for which an illegal working compliance order or any provision in it may have effect is 12 months.
Provision included in an illegal working compliance order which prohibits or restricts access may make such provision—
in relation to all persons, all persons except those specified, or all persons except those of a specified description;
having effect at all times, or at all times except those specified;
having effect in all circumstances, or in all circumstances except those specified.
An illegal working compliance order, or any provision of it, may—
be made in respect of the whole or any part of the premises;
include provision about access to a part of the building or structure of which the premises form part.
The court must notify the relevant licensing authority if it makes an illegal working compliance order in relation to premises in England and Wales in respect of which a premises licence is in force.
Prescribed checks and documents
Regulations under paragraph 5(6)(b) or (c) may, in particular—
prescribe checks carried out using services provided by a DVS-registered person or a DVS-registered person of a prescribed description;
prescribe documents generated by such a person;
prescribe documents which were provided to such a person in order to generate such documents.
In sub-paragraph (1), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data (Use and Access) Act 2025 (“the DVS register”).
Regulations under paragraph 5(6)(b) or (c) which prescribe a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to prescribed services (see section 36 of the Data (Use and Access) Act 2025).
Illegal working compliance orders: adjournment of hearing
This paragraph applies where an application has been made under paragraph 5 for an illegal working compliance order.
The court may adjourn the hearing of the application for a period of not more than 14 days to enable any person who has an interest in the premises to show why an illegal working compliance order should not be made.
If the court adjourns the hearing it may order that the illegal working closure notice continues in force until the end of the period of adjournment.
Extension of illegal working compliance orders
An immigration officer may apply to the court for an extension (or further extension) of the period for which any provision of an illegal working compliance order is in force.
The court may grant an application under this paragraph only if it is satisfied, on the balance of probabilities, that it is necessary to grant it to prevent an employer operating at the premises from employing an illegal worker.
Where an application is made under this section, the court may issue a summons directed to—requiring the person to appear before the court to respond to the application.
any person on whom the illegal working closure notice was served under paragraph 4, or
any other person who appears to the court to have an interest in the premises,
If a summons is issued, a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.
No application may be granted under this paragraph such that an illegal working compliance order, or any provision in it—
is extended for a period exceeding 6 months, or
is in force for a period exceeding 24 months in total.
Variation or discharge of illegal working compliance orders
An application may be made to the court under this paragraph—
by an immigration officer for an illegal working compliance order to be varied or discharged,
by a person on whom the illegal working closure notice was served under paragraph 4, or by any other person who has an interest in the premises, for an illegal working compliance order to be varied or discharged.
Where an application is made under this paragraph, the court may issue a summons directed to—requiring the person to appear before the court to respond to the application.
an immigration officer,
any person on whom the illegal working closure notice was served under paragraph 4, or
any other person who appears to the court to have an interest in the premises,
If a summons is issued, a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.
The court may not discharge an illegal working compliance order unless it is satisfied, on the balance of probabilities, that it is no longer necessary to prevent an employer operating at the premises from employing an illegal worker.
Notice and orders: appeals
An appeal against a decision—may be made by a person on whom the illegal working closure notice was served under paragraph 4, or any other person who has an interest in the premises.
to make, extend or vary an illegal working compliance order;
not to discharge an illegal working compliance order;
to order that an illegal working closure notice continues in force,
An appeal against a decision—may be made by an immigration officer.
not to make an illegal working compliance order;
not to extend a provision of an illegal working compliance order, or not to vary such an order, made on the application of an immigration officer;
to vary or discharge an illegal working compliance order;
not to order that an illegal working closure notice continues in force,
An appeal under this paragraph—
if it is in relation to premises in England and Wales or Northern Ireland, is to the Crown Court,
if it is in relation to premises in Scotland, is to the sheriff appeal court.
An appeal under this paragraph must be made within the period of 21 days beginning with the date of the decision to which it relates.
On an appeal under this paragraph the court may make whatever order it thinks appropriate.
The court must notify the relevant licensing authority if it makes an illegal working compliance order in relation to premises in England and Wales in respect of which a premises licence is in force.
Notices and orders: enforcement
Where access to premises is prohibited or restricted by virtue of an illegal working closure notice or an illegal working compliance order an immigration officer or a constable may enter the premises and do anything necessary to secure the premises against entry.
A person acting under sub-paragraph (1) may use reasonable force.
An immigration officer or a constable, together with any person acting under that person's supervision, may also enter such premises to carry out essential maintenance or repairs.
Notices and orders: offences
A person who without reasonable excuse remains on or enters premises in contravention of an illegal working closure notice commits an offence.
A person who without reasonable excuse contravenes an illegal working compliance order commits an offence.
A person who without reasonable excuse obstructs a person acting under paragraph 4 or paragraph 10 commits an offence.
A person guilty of an offence under this paragraph is liable on summary conviction—
in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;
in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.
In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (4)(a) to 51 weeks is to be read as a reference to 6 months.
Access to other premises
Where—an occupier or owner of that other part may apply to the court for an order under this paragraph.
access to premises is prohibited or restricted by a provision of an illegal working compliance order,
those premises are part of a building or structure, and
there is another part of that building or structure that is not subject to the prohibition or restriction,
Notice of an application under this paragraph must be given to—
whatever immigration officer the court thinks appropriate;
each person on whom the illegal working closure notice was served under paragraph 4,
any other person who has an interest in the premises.
On an application under this paragraph the court may make whatever order it thinks appropriate in relation to access to any part of the building or structure mentioned in sub-paragraph (1).
For the purposes of sub-paragraph (3), it does not matter whether provision has been made under paragraph 5(10)(b).
Reimbursement of costs
Where the Secretary of State incurs expenditure for the purpose of clearing, securing or maintaining premises in respect of which an illegal working compliance order is in force, the Secretary of State may apply to the court for an order under this paragraph.
On an application under this paragraph the court may make whatever order it thinks appropriate for the reimbursement (in full or in part) by the owner or occupier of the premises of the expenditure mentioned in sub-paragraph (1).
An application for an order under this paragraph may not be heard unless it is made before the end of the period of 3 months starting with the day on which the illegal working compliance order ceases to have effect.
An order under this paragraph may be made only against a person who has been served with the application for the order.
Exemption from liability
Each of the following—is not liable for damages in proceedings for judicial review or the tort of negligence or misfeasance in public office, arising out of anything done or omitted to be done by the person in the exercise or purposed exercise of a power under this Schedule.
the Secretary of State,
an immigration officer,
a police officer,
the chief officer of police under whose direction or control a police officer acts,
Sub-paragraph (1) does not apply to an act or omission shown to have been in bad faith.
Sub-paragraph (1) does not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
This paragraph does not affect any other exemption from liability (whether at common law or otherwise).
Compensation
A person who claims to have incurred financial loss in consequence of an illegal working closure notice, other than one cancelled under paragraph 3(1)(b), may apply to the court for compensation.
An application under this paragraph may not be heard unless it is made before the end of the period of 3 months starting with the day on which the notice ceases to have effect.
On an application under this paragraph the court may order the payment of compensation out of money provided by Parliament if it is satisfied—
that at the time the notice was issued, the condition in paragraph 1(3) or (6) was not met;
that the applicant has incurred financial loss in consequence of the notice; and
that having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.
Guidance
The Secretary of State may issue guidance about the exercise of functions under this Schedule.
The Secretary of State may revise any guidance issued under this paragraph.
Before issuing or revising guidance under this paragraph the Secretary of State must consult—
persons whom the Secretary of State considers to represent the views of immigration officers and of chief officers of police, and
such other persons as the Secretary of State considers appropriate.
The Secretary of State must arrange for any guidance issued or revised under this paragraph to be published.
Interpretation
In this Schedule—“court”, except where the context otherwise requires, means—in relation to premises in England and Wales or Northern Ireland, the magistrates' court; in relation to premises in Scotland, the sheriff court;“owner” in relation to premises, means—a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion; a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of not less than 3 years;“person who has an interest”, in relation to premises, includes—the owner; any person with control of or responsibility for the premises; any person who otherwise occupies the premises;“premises” includes—any land, vehicle, vessel or other place (whether enclosed or not); any outbuildings that are, or are used as, part of premises;“premises licence” has the meaning given by section 11 of the Licensing Act 2003;“relevant licensing authority” has the meaning given by section 12 of that Act.
In this Schedule—
a reference to employment is to employment under a contract of service or apprenticeship, whether express or implied and whether oral or written;
a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.
Amendment of Licensing Act 2003
After section 167(1) of the Licensing Act 2003 insert—
Bank accounts
The Immigration Act 2014 is amended as follows.
After section 40 (prohibition on opening current accounts for disqualified persons) insert—
Section 41 (regulation by Financial Conduct Authority) is amended as follows.
In subsection (1), at the end insert “ and the requirements imposed on them by sections 40A, 40B and 40G ”.
In subsection (2)(a), at the end insert “ or immigration checks under section 40A ”.
In section 42 (meaning of “bank” and “building society”), in subsections (1) and (5), for “and 41” substitute “ to 41 ”.
Section 43 (power to amend) is amended as follows.
In subsection (1)(b), after “40(1)” insert “ or the requirement in section 40A(1) ”.
In subsection (1)(c), for “that section” substitute “ section 40 or 40A ”.
In section 74 (orders and regulations), in subsection (2) (statutory instruments to which the affirmative resolution procedure applies), after paragraph (b) insert—.
Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) is amended as follows.
In subsection (3), for “subsection (4)” substitute “ subsections (4) and (4ZA) ”.
After subsection (4) insert—
Amendments to search warrant provisions
Immigration Act 1971 (c. 77)
The Immigration Act 1971 is amended as follows.
Section 28D (entry and search of premises) is amended as follows.
In subsection (1)—
in paragraph (b) for “specified in the application” substitute “ mentioned in subsection (1A) ”, and
at the end of paragraph (e) insert “ in relation to each set of premises specified in the application, ”.
After subsection (1) insert—
In subsection (2) after “conditions” insert “ referred to in subsection (1)(e) ”.
After subsection (2) insert—
In subsection (7)—
for “subsection (1)” substitute “ this section ”,
in paragraph (a) for “the reference” substitute “ references ” and for “a reference” substitute “ references ”, and
in paragraph (b) for “paragraph (d)” substitute “ subsection (1)(d) ”.
Section 28FB (search for personnel records with warrant) is amended as follows.
In subsection (1)—
after “business premises” insert “ mentioned in subsection (1A) ”, and
at the end of paragraph (c) insert “ in relation to each set of premises specified in the application. ”
After subsection (1) insert—
In subsection (2) for “Those conditions are” substitute “ The conditions referred to in subsection (1)(c) are ”.
After subsection (3) insert—
Section 28J (search warrants: safeguards) is amended as follows.
In subsection (2)—
after paragraph (a) insert—, and
for paragraph (b) substitute—.
After subsection (2) insert—
In subsection (6) at the end insert “ unless it specifies that it authorises multiple entries ”.
After subsection (6) insert—
In subsection (7) for paragraph (c) substitute—.
For subsection (9) substitute—
After subsection (10) insert—
Section 28K (execution of warrants) is amended as follows.
After subsection (2) insert—
In subsection (3) for “one month” substitute “ three months ”.
After subsection (3) insert—
In subsection (4)(a) after “and” insert “ , if not in uniform, ”.
After subsection (8) insert—
In subsection (9) for the words from “A warrant” to “its execution,” substitute “ The warrant ”.
After subsection (13) insert—
Paragraph 25A of Schedule 2 (search of premises for nationality documents) is amended as follows.
In sub-paragraph (6A)—
for “specified in the application” substitute “ mentioned in sub-paragraph (6AA) ”, and
at the end of paragraph (b) insert “ in relation to each set of premises specified in the application, ”.
After sub-paragraph (6A) insert—
In sub-paragraph (6B) after “conditions” insert “ mentioned in sub-paragraph (6A)(b) ”.
After sub-paragraph (6B) insert—
In sub-paragraph (6C) for “sub-paragraph (6A)” substitute “ sub-paragraphs (6A) to (6BA) ”.
UK Borders Act 2007 (c. 30)
Section 45 of the UK Borders Act 2007 (search of premises for nationality documents) is amended as follows.
In subsection (2)—
in paragraph (b) for “specified in the application” substitute “ mentioned in subsection (2A) ”, and
at the end of paragraph (d) insert “ in relation to each set of premises specified in the application, ”.
After subsection (2) insert—
In subsection (3) after “conditions” insert “ mentioned in subsection (2)(d) ”.
After subsection (3) insert—
Duty to supply nationality documents to Secretary of State: persons to whom duty applies
This is the new Schedule A1 to the Immigration and Asylum Act 1999 referred to in section 55—
Immigration bail
Main provisions
Power to grant immigration bail
The Secretary of State may grant a person bail if—
the person is being detained under paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),
the person is being detained under paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),
the person is being detained under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), or
the person is being detained under section 36(1) of the UK Borders Act 2007 (detention pending deportation).
The Secretary of State may grant a person bail if the person is liable to detention under a provision mentioned in sub-paragraph (1).
The First-tier Tribunal may, on an application made to the Tribunal for the grant of bail to a person, grant that person bail if—
the person is being detained under paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971,
the person is being detained under paragraph 2(1), (2) or (3) of Schedule 3 to that Act,
the person is being detained under section 62 of the Nationality, Immigration and Asylum Act 2002, or
the person is being detained under section 36(1) of the UK Borders Act 2007.
In this Schedule references to the grant of immigration bail, in relation to a person, are to the grant of bail to that person under any of sub-paragraphs (1) to (3) or under paragraph 10(12) or (13) (release following arrest for breach of bail conditions).
A person may be granted and remain on immigration bail even if the person can no longer be detained, if—
the person is liable to detention under a provision mentioned in sub-paragraph (1), or
the Secretary of State is considering whether to make a deportation order against the person under section 5(1) of the Immigration Act 1971.
A grant of immigration bail to a person does not prevent the person's subsequent detention under a provision mentioned in sub-paragraph (1).
For the purposes of this Schedule a person is on immigration bail from when a grant of immigration bail to the person commences to when it ends.
A grant of immigration bail to a person ends when—
in a case where sub-paragraph (5) applied to the person, that sub-paragraph no longer applies to the person,
the person is granted leave to enter or remain in the United Kingdom,
the person is detained under a provision mentioned in sub-paragraph (1), or
the person is removed from or otherwise leaves the United Kingdom.
This paragraph is subject to paragraph 3 (exercise of power to grant immigration bail).
Conditions of immigration bail
Subject to sub-paragraph (2), if immigration bail is granted to a person, it must be granted subject to one or more of the following conditions—
a condition requiring the person to appear before the Secretary of State or the First-tier Tribunal at a specified time and place;
a condition restricting the person's work, occupation or studies in the United Kingdom;
a condition about the person's residence;
a condition requiring the person to report to the Secretary of State or such other person as may be specified;
an electronic monitoring condition (see paragraph 4);
a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;
a condition requiring the person to remain within a particular area;
a condition prohibiting the person from being in a particular area;
such other conditions as the person granting the immigration bail thinks fit.
Sub-paragraph (3) applies in place of sub-paragraph (1) in relation to a person who is being detained under a provision mentioned in paragraph 1(1)(b) or (d) or who is liable to detention under such a provision.
If immigration bail is granted to such a person—
subject to sub-paragraphs (5) to (9), it must be granted subject to an electronic monitoring condition,
if, by virtue of sub-paragraph (5) or (7), it is not granted subject to an electronic monitoring condition, it must be granted subject to one or more of the other conditions mentioned in sub-paragraph (1), and
if it is granted subject to an electronic monitoring condition, it may be granted subject to one or more of those other conditions.
Immigration bail granted in accordance with sub-paragraph (1) or (3) may also be granted subject to a financial condition (see paragraph 5).
Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the Secretary of State if the Secretary of State considers that to impose an electronic monitoring condition on the person would be—
impractical, or
contrary to the person's Convention rights.
Where sub-paragraph (5) applies, the Secretary of State must not grant immigration bail to the person subject to an electronic monitoring condition.
Sub-paragraph (3)(a) does not apply to a person who is granted immigration bail by the First-tier Tribunal if the Secretary of State informs the Tribunal that the Secretary of State considers that to impose an electronic monitoring condition on the person would be—
impractical, or
contrary to the person's Convention rights.
Where sub-paragraph (7) applies, the First-tier Tribunal must not grant immigration bail to the person subject to an electronic monitoring condition.
In considering for the purposes of this Schedule whether it would be impractical to impose an electronic monitoring condition on a person, or would be impractical for a person to continue to be subject to such a condition, the Secretary of State may in particular have regard to—
any obstacles to making arrangements of the kind mentioned in paragraph 4 in relation to the person,
the resources that are available for imposing electronic monitoring conditions on persons to whom sub-paragraph (2) applies and for managing the operation of such conditions in relation to such persons,
the need to give priority to the use of those resources in relation to particular categories of persons to whom that sub-paragraph applies, and
the matters listed in paragraph 3(2) as they apply to the person.
In this Schedule “Convention rights” is to be construed in accordance with section 1 of the Human Rights Act 1998.
In this Schedule “bail condition”, in relation to a person on immigration bail, means a condition to which the person's bail is subject.
Exercise of power to grant immigration bail
The Secretary of State or the First-tier Tribunal must have regard to the matters listed in sub-paragraph (2) in determining—
whether to grant immigration bail to a person, and
the conditions to which a person's immigration bail is to be subject.
Those matters are—
the likelihood of the person failing to comply with a bail condition,
whether the person has been convicted of an offence (whether in or outside the United Kingdom or before or after the coming into force of this paragraph),
the likelihood of a person committing an offence while on immigration bail,
the likelihood of the person's presence in the United Kingdom, while on immigration bail, causing a danger to public health or being a threat to the maintenance of public order,
whether the person's detention is necessary in that person's interests or for the protection of any other person,
whether the person has failed without reasonable excuse to cooperate with any process—
for determining whether the person requires or should be granted leave to enter or remain in the United Kingdom,
for determining the period for which the person should be granted such leave and any conditions to which it should be subject,
for determining whether the person’s leave to enter or remain in the United Kingdom should be varied, curtailed, suspended or cancelled,
for determining whether the person should be removed from the United Kingdom, or
for removing the person from the United Kingdom, and
such other matters as the Secretary of State or the First-tier Tribunal thinks relevant.
A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 8 days beginning with the date of the person's arrival in the United Kingdom.
A person must not be granted immigration bail by the First-tier Tribunal without the consent of the Secretary of State if—
directions for the removal of the person from the United Kingdom are for the time being in force, and
the directions require the person to be removed from the United Kingdom within the period of 21 days beginning with the date of the decision on whether the person should be granted immigration bail.
If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse to grant, immigration bail to a person, the Secretary of State or the Tribunal must give the person notice of the decision.
Where the First-tier Tribunal is required under sub-paragraph (5) to a give a person notice of a decision, it must also give the Secretary of State notice of the decision.
Where the decision is to grant immigration bail, a notice under sub-paragraph (5) or (6) must state—
when the grant of immigration bail commences, and
the bail conditions.
The commencement of a grant of immigration bail may be specified to be conditional on arrangements specified in the notice being in place to ensure that the person is able to comply with the bail conditions.
Electronic monitoring condition
In this Schedule an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—
P's location at specified times, during specified periods of time or while the arrangements are in place;
P's presence in a location at specified times, during specified periods of time or while the arrangements are in place;
P's absence from a location at specified times, during specified periods of time or while the arrangements are in place.
The arrangements may in particular—
require P to wear a device;
require P to make specified use of a device;
require P to communicate in a specified manner and at specified times or during specified periods;
involve the exercise of functions by persons other than the Secretary of State or the First-tier Tribunal.
If the arrangements require P to wear, or make specified use of, a device they must—
prohibit P from causing or permitting damage to, or interference with the device, and
prohibit P from taking or permitting action that would or might prevent the effective operation of the device.
In this paragraph “specified” means specified in the arrangements.
An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old.
Financial condition
In this Schedule a “financial condition” means a condition requiring the payment of a sum of money by the person to whom immigration bail is granted (“P”) or another person, in a case where P fails to comply with another condition to which P's immigration bail is subject.
A financial condition may be imposed on P only if the person imposing the condition thinks that it would be appropriate to do so with a view to ensuring that P complies with the other bail conditions.
The financial condition must specify—
the sum of money required to be paid,
when it is to be paid, and
the form and manner in which it is to be paid.
A sum to be paid under a financial condition is to be paid to the person who granted the immigration bail, subject to sub-paragraph (5).
If the First-tier Tribunal has directed that the power in paragraph 6(1) (power to vary bail conditions) is to be exercisable by the Secretary of State in relation to P, the sum is to be paid to the Secretary of State.
No sum is required to be paid under a financial condition unless the person who is liable to make a payment under it has been given an opportunity to make representations to the person to whom it is to be paid.
In England and Wales a sum payable under a financial condition is recoverable as if it were payable under an order of the county court in England and Wales.
In Scotland a sum payable under a financial condition may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
In Northern Ireland a sum payable under a financial condition is recoverable as if it were payable under an order of a county court in Northern Ireland.
Where action is taken under this paragraph for the recovery of a sum payable under a financial condition, the requirement to pay the sum is—
in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
Power to vary bail conditions
Subject to this paragraph and to paragraphs 7 and 8, where a person is on immigration bail—
any of the conditions to which it is subject may be amended or removed, or
one or more new conditions of the kind mentioned in paragraph 2(1) or (4) may be imposed on the person.
The power in sub-paragraph (1) is exercisable by the person who granted the immigration bail, subject to sub-paragraphs (3) and (4).
The Secretary of State may exercise the power in sub-paragraph (1) in relation to a person to whom immigration bail was granted by the First-tier Tribunal if the Tribunal so directs.
If the First-tier Tribunal gives a direction under sub-paragraph (3), the Tribunal may not exercise the power in sub-paragraph (1) in relation to the person.
The First-tier Tribunal may not exercise the power in sub-paragraph (1)(a) so as to amend an electronic monitoring condition.
If the Secretary of State or the First-tier Tribunal exercises, or refuses to exercise, the power in sub-paragraph (1), the Secretary of State or the Tribunal must give notice to the person who is on immigration bail.
Where the First-tier Tribunal is required under sub-paragraph (6) to give notice to a person, it must also give notice to the Secretary of State.
Removal etc of electronic monitoring condition: bail managed by Secretary of State
This paragraph applies to a person who—
is on immigration bail—
pursuant to a grant by the Secretary of State, or
pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and
before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).
Where the person is subject to an electronic monitoring condition, the Secretary of State—
must not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, but
if that sub-paragraph applies, must exercise that power so as to remove the condition.
This sub-paragraph applies if the Secretary of State considers that—
it would be impractical for the person to continue to be subject to the condition, or
it would be contrary to that person's Convention rights for the person to continue to be subject to the condition.
If, by virtue of paragraph 2(5) or (7) or this paragraph, the person is not subject to an electronic monitoring condition, the Secretary of State—
must not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, but
if that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.
This sub-paragraph applies if, having considered whether it would be impractical or contrary to the person's Convention rights to impose such a condition on the person, the Secretary of State—
does not consider that it would be impractical to do so, and
does not consider that it would be contrary to the person's Convention rights to do so.
Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal
This paragraph applies to a person who—
is on immigration bail pursuant to a grant by the First-tier Tribunal in a case where the Tribunal has not directed that the power in paragraph 6(1) is exercisable by the Secretary of State, and
before the person was granted immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d).
Where the person is subject to an electronic monitoring condition, the First-tier Tribunal—
must not exercise the power in paragraph 6(1) so as to remove the condition unless sub-paragraph (3) applies, but
if that sub-paragraph applies, must exercise that power so as to remove the condition.
This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State considers that—
it would be impractical for the person to continue to be subject to the condition, or
it would be contrary to that person's Convention rights for the person to continue to be subject to the condition.
If, by virtue of paragraph 2(7) or this paragraph, the person is not subject to an electronic monitoring condition, the First-tier Tribunal—
must not exercise the power in paragraph 6(1) so as to impose such a condition on the person unless sub-paragraph (5) applies, but
if that sub-paragraph applies, must exercise that power so as to impose such a condition on the person.
This sub-paragraph applies if the Secretary of State notifies the First-tier Tribunal that the Secretary of State—
does not consider that it would be impractical to impose such a condition on the person, and
does not consider that it would be contrary to the person's Convention rights to impose such a condition on the person.
Powers of Secretary of State to enable person to meet bail conditions
Sub-paragraph (2) applies where—
a person is on immigration bail subject to a condition requiring the person to reside at an address specified in the condition, and
the person would not be able to support himself or herself at the address unless the power in sub-paragraph (2) were exercised.
The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of that person at that address.
But the power in sub-paragraph (2) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the exercise of the power.
The Secretary of State may make a payment to a person on immigration bail in respect of travelling expenses which the person has incurred or will incur for the purpose of complying with a bail condition.
But the power in sub-paragraph (4) applies only to the extent that the Secretary of State thinks that there are exceptional circumstances which justify the making of the payment.
Arrest for breach of immigration bail
An immigration officer or a constable may arrest without warrant a person on immigration bail if the immigration officer or constable—
has reasonable grounds for believing that the person is likely to fail to comply with a bail condition, or
has reasonable grounds for suspecting that the person is failing, or has failed, to comply with a bail condition.
Sub-paragraph (3) applies if an appropriate judicial officer is satisfied that there are reasonable grounds for believing that a person liable to be arrested under this paragraph is to be found on any premises.
The appropriate judicial officer may issue a warrant authorising any immigration officer or constable to enter, by reasonable force if necessary, the premises named in the warrant for the purposes of searching for and arresting that person.
Sections 28J and 28K of the Immigration Act 1971 (warrants: application and execution) apply, with any necessary modifications, to warrants under sub-paragraph (3).
Sub-paragraph (6) applies where—
a warrant under this paragraph is issued for the purposes of the arrest of a person under this paragraph, and
an immigration officer or a constable enters premises in reliance on the warrant and detains a person on the premises.
A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search.
In sub-paragraph (6)—“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (detained persons: escort and custody), and“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).
Paragraphs 25A to 25C of Schedule 2 to the Immigration Act 1971 (entry and search of persons and premises) apply in relation to a person arrested under this paragraph as they apply in relation to a person arrested under that Schedule.
A person arrested under this paragraph—
must, as soon as is practicable after the person's arrest, be brought before the relevant authority, and
may be detained under the authority of the Secretary of State in the meantime.
The relevant authority is—
the Secretary of State, if the Secretary of State granted immigration bail to the arrested person or the First-tier Tribunal has directed that the power in paragraph 6(1) is exercisable by the Secretary of State in relation to that person, or
otherwise, the First-tier Tribunal.
Where an arrested person is brought before the relevant authority, the relevant authority must decide whether the arrested person has broken or is likely to break any of the bail conditions.
If the relevant authority decides the arrested person has broken or is likely to break any of the bail conditions, the relevant authority must—
direct that the person is to be detained under the provision mentioned in paragraph 1(1) under which the person is liable to be detained, or
grant the person bail subject to the same or different conditions, subject to sub-paragraph (14).
If the relevant authority decides the person has not broken and is not likely to break any of the bail conditions, the relevant authority must grant the person bail subject to the same conditions (but this is subject to sub-paragraph (14), and does not prevent the subsequent exercise of the powers in paragraph 6).
The power in sub-paragraph (12) to grant bail subject to the same conditions and the duty in sub-paragraph (13) to do so do not affect the requirement for the grant of bail to comply with paragraph 2.
In this paragraph—“appropriate judicial officer” means—in relation to England and Wales, a justice of the peace; in relation to Scotland, the sheriff or a justice of the peace; in relation to Northern Ireland, a lay magistrate;“premises”—in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984; in relation to Scotland, has the same meaning as in section 412 of the Proceeds of Crime Act 2002; in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)).
Duty to arrange consideration of bail
Subject as follows, the Secretary of State must arrange a reference to the First-tier Tribunal for the Tribunal to decide whether to grant bail to a person if—
the person is being detained under a provision mentioned in paragraph 1(1)(a) or (c), and
the period of four months beginning with the relevant date has elapsed.
In sub-paragraph (1)(b) “the relevant date” means—
the date on which the person's detention began, or
if a relevant event has occurred in relation to the person since that date, the last date on which such an event has occurred in relation to the person.
The following are relevant events in relation to a person for the purposes of sub-paragraph (2)(b)—
consideration by the First-tier Tribunal of whether to grant immigration bail to the person;
withdrawal by the person of an application for immigration bail treated as made by the person as the result of a reference under this paragraph;
withdrawal by the person of a notice given under sub-paragraph (6)(b).
The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person—
includes such consideration regardless of whether there is a hearing or the First-tier Tribunal makes a determination in the case in question;
includes the dismissal of an application by virtue of provision made under paragraph 12(2).
The reference in sub-paragraph (3)(a) to consideration of whether to grant immigration bail to a person does not include such consideration in a case where—
the person has made an application for bail, other than one treated as made by the person as the result of a reference under this paragraph, and
the First-tier Tribunal is prevented from granting bail to the person by paragraph 3(4) (requirement for Secretary of State's consent to bail).
The duty in sub-paragraph (1) to arrange a reference does not apply if—
section 3(2) of the Special Immigration Appeals Commission Act 1997 (persons detained in interests of national security etc) applies to the person, or
the person has given to the Secretary of State, and has not withdrawn, written notice that the person does not wish the person's case to be referred to the First-tier Tribunal under this paragraph.
A reference to the First-tier Tribunal under this paragraph in relation to a person is to be treated for all purposes as an application by that person for the grant of bail under paragraph 1(3).
Tribunal Procedure Rules
Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under this Schedule and matters arising out of such applications.
Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to grant a person immigration bail, the Tribunal must dismiss without a hearing any further application for the person to be granted immigration bail which—
is an application to which sub-paragraph (3) applies, but
is not an application to which sub-paragraph (4) applies.
This sub-paragraph applies to an application made during the period of 28 days beginning with the date of the decision mentioned in sub-paragraph (2).
This sub-paragraph applies to an application on which the person demonstrates there has been a material change in the person's circumstances.
Transitional provision
Regulations under section 92(1) may, in particular, provide for a person to whom this sub-paragraph applies to be treated, for such purposes as may be specified, as having been granted immigration bail in such circumstances and subject to such conditions as may be specified.
Sub-paragraph (1) applies to a person who, at the specified time, was not in detention on the basis that—
the person had been temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the Immigration Act 1971,
the person had been released from detention under that paragraph,
the person was liable to be detained under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 but, by virtue of a direction of the Secretary of State or the court, was not so detained,
the person was liable to be detained under paragraph 2(2) or (3) of that Schedule but was not so detained,
the person had been released from detention under section 36(3) of the UK Borders Act 2007, or
the person had been released on bail from detention under any provision of the Immigration Acts.
Regulations under section 92(1) may, in particular—and may, in particular, do so by providing for paragraph 7 or 8 to have effect with modifications in relation to such a person.
make provision about the circumstances in which the power in paragraph 6(1) may or must be exercised so as to impose an electronic monitoring condition on a person to whom this sub-paragraph applies;
enable the Secretary of State to exercise a discretion in determining whether an electronic monitoring condition should be imposed on such a person,
Sub-paragraph (3) applies to a person who—
by virtue of regulations under section 92(1) is treated as having been granted immigration bail as a result of falling within—
sub-paragraph (2)(c), (d) or (e), or
sub-paragraph (2)(f) on the basis that the person had been released on bail from detention under paragraph 2 of Schedule 3 to the Immigration Act 1971,
is not treated as being subject to an electronic monitoring condition, and
is not otherwise subject to an electronic monitoring condition.
Sub-paragraph (3) applies to a person who—
is on immigration bail pursuant to a grant before the coming into force of paragraph 2(2) and (3), or the coming into force of those provisions in relation to grants of that kind,
before the grant of immigration bail, was detained or liable to detention under a provision mentioned in paragraph 1(1)(b) or (d), and
is not subject to an electronic monitoring condition.
In this paragraph “specified” means specified in regulations under section 92(1).
Amendments to other Acts
Immigration Act 1971 (c. 77)
The Immigration Act 1971 is amended as follows.
In section 11(1) (construction of references to entry)—
omit “, or temporarily admitted or released while liable to detention,”,
omit “or by Part III of the Immigration and Asylum Act 1999”, and
for “or by section 68 of the Nationality, Immigration and Asylum Act 2002” substitute “ or on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 ”.
Section 24 (illegal entry and other similar offences) is amended as follows.
In subsection (1)—
omit paragraph (e), and
at the end of paragraph (g) insert
In subsection (3) for “28” substitute “ 28(1) ”.
After that subsection insert—
Section 28 (proceedings for offences) is amended as follows.
In subsection (1) for “24” substitute “ 24(3) ”.
After that subsection insert—
In subsection (2) for “subsection (1)(b)” substitute “ subsections (1)(b) and (1A)(b) ”.
In section 28B(5) (meaning of “relevant offence”) for “(e) or (f)” substitute “ (f) or (h) ”.
In section 28D(4) (meaning of “relevant offence”) for “(e) or (f)” substitute “ (f) or (h) ”.
In Schedule 2 (administrative provisions as to control on entry etc) omit paragraphs 21 to 25 and 29 to 34.
Schedule 3 (supplementary provisions as to deportation) is amended as follows.
In paragraph 2—
in sub-paragraph (1)—
omit the words from “, unless” in the first place it appears to “below,”, and
for the words from “unless” in the second place it appears to the end of the sub-paragraph substitute,
in sub-paragraph (1A) for the words from “direct” to the end of the sub-paragraph substitute “ release the person on bail without setting aside the recommendation. ”,
in sub-paragraph (3) for the words from “unless” to the end of the sub-paragraph substitute “ unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016. ”, and
for sub-paragraphs (4A) to (6) substitute—
Omit paragraphs 3 to 10.
Special Immigration Appeals Commission Act 1997 (c. 68)
The Special Immigration Appeals Commission Act 1997 is amended as follows.
In section 3(1) (jurisdiction: bail) for “Schedule 2 to the Immigration Act 1971” substitute “ Schedule 10 to the Immigration Act 2016 ”.
In subsection (4)(a) for “Part II of Schedule 2 to the Immigration Act 1971” substitute “ Schedule 10 to the Immigration Act 2016 ”.
In subsection (5) for “paragraphs 22 to 24 of Schedule 2 to the Immigration Act 1971” substitute “ Schedule 10 to the Immigration Act 2016 ”.
In subsection (5A)—
for “bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971” substitute “ immigration bail under Schedule 10 to the Immigration Act 2016 ”, and
for “bail” in the second place it appears substitute “ immigration bail ”.
For Schedule 3 substitute—
Immigration and Asylum Act 1999 (c. 33)
The Immigration and Asylum Act 1999 is amended as follows.
In section 10(9) (removal of persons unlawfully in the United Kingdom: application of Schedule 2 to the Immigration Act 1971) omit paragraphs (h) and (i).
In section 53 (applications for bail in immigration cases) omit subsection (4).
In section 95(9A) (support for asylum seekers etc: matters to which conditions may relate) in paragraph (b) for the words from “restriction” to the end of the paragraph substitute “ condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail). ”
Section 141 (fingerprinting: persons temporarily admitted to the United Kingdom) is amended as follows.
In subsection (7)(b) for “temporarily admitted under paragraph 21 of Schedule 2 to the 1971 Act” substitute “ granted immigration bail under Schedule 10 to the Immigration Act 2016 ”.
In subsection (8)(b) for “admit him temporarily” substitute “ grant him bail ”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
Section 23 (power for residence restriction to include requirement to reside at accommodation centre) is amended as follows.
In subsection (1) for “restriction” substitute “ condition ”.
For subsection (2) substitute—
In subsection (4) for “restriction” substitute “ condition ”.
In section 30 (conditions of residence at accommodation centres) in subsection (7) for the words from “restriction” to the end of the subsection substitute “ condition imposed under Schedule 10 to the Immigration Act 2016. ”
Section 62 (detention by the Secretary of State) is amended as follows.
In subsection (3) omit paragraph (b) (but not the “and” at the end of it).
Omit subsection (4).
Omit sections 68 (bail) and 69 (reporting restriction: travel expenses).
Section 70 (power for residence restriction to take account of induction programmes for asylum seekers) is amended as follows.
In subsection (1) for “restriction” in both places substitute “ condition ”.
For subsection (2) substitute—
In subsection (5) for “restrictions” substitute “ conditions ”.
Section 71 (asylum seeker: residence etc restriction) is amended as follows.
In subsection (2)—
for the words from “restriction” to “restrictions)” substitute “ condition which may be imposed under Schedule 10 to the Immigration Act 2016 ”, and
for “that Schedule” substitute “ Schedule 2 to the Immigration Act 1971 ”.
In subsection (3)—
for “restriction” in each place substitute “ condition ”,
for “paragraph 21 of that Schedule” substitute “ Schedule 10 to the Immigration Act 2016 ”, and
for “that Schedule” substitute “ Schedule 2 to the Immigration Act 1971 ”.
In subsection (4) for “restriction” substitute “ condition ”.
Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)
In the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 omit section 36 (electronic monitoring).
Immigration, Asylum and Nationality Act 2006 (c. 13)
In section 24 of the Immigration, Asylum and Nationality Act 2006 (temporary admission)—
in the heading, for “Temporary admission, &c” substitute “ Immigration bail ”,
for “paragraph 21(1) of Schedule 2 to the Immigration Act 1971 (c 77) (temporary admission or release from detention)” substitute “ a grant of immigration bail to the person under Schedule 10 to the Immigration Act 2016 ”, and
in paragraph (b) for “paragraph 21(2)” substitute “ that Schedule as a condition of that person's immigration bail ”.
UK Borders Act 2007 (c. 30)
Section 36 of the UK Borders Act 2007 (detention) is amended as follows.
In subsection (2) for the words from “unless” to the end of the subsection substitute “ unless the person is granted immigration bail under Schedule 10 to the Immigration Act 2016. ”
In subsection (3) for “direct release” substitute “ release a person on bail ”.
After subsection (3) insert—
In subsection (4) omit “(including provisions about bail)”.
Omit subsection (5).
Criminal Justice and Immigration Act 2008 (c. 4)
The Criminal Justice and Immigration Act 2008 is amended as follows.
In section 132(4) (special immigration status: effect of designation) in paragraph (b) for the words from “temporary admission” to the end of the paragraph substitute “ immigration bail under Schedule 10 to the Immigration Act 2016. ”
In section 133 (special immigration status: conditions) for subsections (3) and (4) substitute—
Support for certain categories of migrant
Amendments of the Immigration Acts
Abolition of power to support certain categories of migrant
Section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum-seekers, etc) is repealed.
In consequence of the repeal made by paragraph 1—
in section 26A of the Immigration Act 1971, omit subsection (1)(b)(ii);
in the following provisions, omit “section 4 or”—
section 3A(7A) of the Protection from Eviction Act 1977;
paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15));
section 23A(5A) of the Rent (Scotland) Act 1984;
paragraph 4A(1) of Schedule 1 to the Housing Act 1985;
paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988;
paragraph 12A(1) of Schedule 1 to the Housing Act 1988;
in section 99 of the Immigration and Asylum Act 1999, in subsections (1) and (4), omit “4,”;
in section 103 of that Act—
omit subsection (2A), and
in section 118(1)(b) of that Act, omit “4,”;
in section 166(5) of that Act, omit paragraph (za);
in the Nationality, Immigration and Asylum Act 2002—
in section 23, omit subsection (5),
in section 26, in subsection (3), omit “4,”,
omit section 49,
in section 51, in subsection (2), omit paragraph (b), and
in section 55, in subsection (2)(a), omit “4,”;
in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, omit section 10;
in the Immigration, Asylum and Nationality Act 2006, omit section 43(1)(b), (2), (5), (6) and (7);
in the UK Borders Act 2007—
in section 40, in subsection (1), omit paragraph (e);
in section 134 of the Criminal Justice and Immigration Act 2008, omit subsection (5);
in Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in paragraph 31(1)(a), omit “4 or” and “persons temporarily admitted and”;
in paragraph 8 of Schedule 3 to the Immigration Act 2014, omit paragraph (a).
Power to support people making further submissions in relation to protection claims
Section 94 of the Immigration and Asylum Act 1999 (interpretation of Part 6) is amended as follows.
In subsection (1)—
for the definition of “asylum-seeker” substitute—;
omit the definition of “claim for asylum”;
before the definition of “housing accommodation” insert—;
after the definition of “Northern Ireland authority” insert—.
After subsection (2) insert—
In subsection (3), for “claim for asylum” substitute “ protection claim ”.
After subsection (3) insert—
In subsection (8), after “subsection (3)” insert “ or (3B) ”.
In consequence of the repeal made by paragraph 3(2)(b)—
in section 96 of the Immigration and Asylum Act 1999 (ways in which support may be provided), in subsection (1)(c), for “claim for asylum” substitute “ protection claim ”;
in section 141 of that Act (fingerprinting)—
in subsections (7)(e), (8)(e) and (9)(e), for “claim for asylum” substitute “ protection claim ”, and
in subsection (15), for “ “Claim for asylum”” substitute “ “Protection claim” ”;
in section 167 of that Act (interpretation), in subsection (1), in the definition of “claim for asylum”, for “Parts V and VI and section 141” substitute “ Part 5 ”;
in Schedule 8 to that Act (provision of support: regulations), in paragraph 9(2)(b), for “claim for asylum” substitute “ protection claim ”;
in section 135 of the Criminal Justice and Immigration Act 2008 (support: supplemental), in subsection (5), for “claim for asylum” substitute “ protection claim ”.
Power to support failed asylum-seekers
Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers) is amended as follows.
The heading of the Part becomes “ Support for asylum-seekers, etc ”.
Section 94 (interpretation of Part 6) is amended as follows.
In subsection (1)—
in the definition of “dependant”, after “asylum-seeker” insert “ , a failed asylum-seeker ”;
after the definition of “the Executive” insert—;
for the definition of “supported person” substitute—
In subsection (2), after “section 95” insert “ or 95A ”.
After subsection (2C) (inserted by paragraph 3(3) above) insert—
Omit subsections (5) and (6).
In section 95 (persons for whom support may be provided), the heading becomes “ Support for asylum-seekers, etc ”.
After section 95 insert—
Section 96 (ways in which support may be provided) is amended as follows.
In subsection (1)—
after “section 95” insert “ or 95A ”;
in paragraph (c), for “the asylum-seeker” substitute “ an asylum-seeker ”;
in paragraph (d)—
for “the asylum-seeker” substitute “ an asylum-seeker ”, and
after “dependants” insert “ , or a failed asylum-seeker and his dependants, ”;
in paragraph (e)—
for “the asylum-seeker” substitute “ an asylum-seeker ”, and
after “dependants” insert “ , or a failed asylum-seeker and his dependants, ”.
After subsection (1) insert—
In subsection (2), after “section 95” insert “ or 95A ”.
Section 97 (supplemental) is amended as follows.
In subsection (1)—
after “section 95” insert “ or 95A ”;
after “regard to” insert “ the following ”;
in paragraph (a), at the beginning insert “ in the case of the provision of accommodation under section 95, ”.
In subsections (4), (5) and (7), after “section 95” insert “ or 95A ”.
After subsection (7) insert—
In section 98, the heading becomes “ Temporary support for asylum-seekers, etc ”.
After section 98 insert—
Section 99 (provision of support by local authorities) is amended as follows.
In subsection (1), for “or 98” substitute “ 95A, 98 or 98A ”.
In subsection (3)—
after “section 95” insert “ or 95A ”;
for “section 96(1) and (2)” substitute “ section 96(1) to (2) ”.
In subsection (4), for “or 98” substitute “ 95A, 98 or 98A ”.
In section 100 (local authority and other assistance for Secretary of State), in subsection (1), after “section 95” insert “ or 95A ”.
In section 101 (reception zones), in subsection (3), after “section 95” (in both places where it occurs) insert “ or 95A ”.
In section 112 (recovery of expenditure on support: misrepresentation etc), in subsections (1)(b) and (3), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”.
In section 113 (recovery of expenditure on support from sponsor), in subsections (1)(b), (4) and (5)(a), after “section 95” insert “ or 95A ”.
Section 114 (overpayments) is amended as follows.
In subsection (1), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”.
In subsection (4), for “section 95” substitute “ section 95, 95A or 98A ”.
In section 118 (housing authority accommodation), in subsection (1)(b), for “or 98” substitute “ 95A, 98 or 98A ”.
Section 122 (support for children) is amended as follows.
In subsection (1), after “section 95” insert “ or 95A ”.
In subsection (2), after “section 95” insert “ or (as the case may be) 95A ”.
In subsections (3) and (4), after “section 95” insert “ or 95A ”.
In subsection (5)—
in paragraph (b)(i), after “section 95” insert “ or 95A ”, and
in paragraph (b)(ii), after “section 95” insert “ or (as the case may be) 95A ”.
Section 125 (entry of premises) is amended as follows.
In subsection (1), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”.
In subsection (2)—
in paragraph (b), at the beginning insert “ in the case of accommodation provided under section 95 or 98, ”;
after that paragraph insert—.
In section 127 (requirement to supply information about redirection of post), in subsection (1)(c), after “asylum-seekers” insert “ or failed asylum-seekers ”.
Section 166 (regulations and orders) is amended as follows.
In subsection (5) (regulations subject to the affirmative procedure) for the “or” at the end of paragraph (c) substitute—.
After subsection (5) insert—
In subsection (6) (regulations subject to the negative procedure) for the “or” at the end of paragraph (a) substitute—.
In section 26A of the Immigration Act 1971 (registration card), in subsection (1)(b), after sub-paragraph (i) insert—
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
In section 18 (definition of asylum-seeker for purposes of Part 2), omit subsection (2).
In section 26 (withdrawal of support), in subsection (3)—
for “95 or 98” substitute “ 95, 95A, 98 or 98A ”;
omit “(asylum-seeker)”.
In section 35—
in subsection (2), for “section 95 or 98” substitute “ section 95, 95A, 98 or 98A ”;
in subsection (3), after “section 95” insert “ or 95A ”.
In section 43—
in subsection (1), for “asylum-seeker” substitute “ asylum-seekers and failed asylum-seekers, etc ”;
the heading of that section becomes “ Form of support under Part 6 of the Immigration and Asylum Act 1999 ”.
In section 51 (choice of form of support), in subsection (2), omit the “and” after paragraph (b) and after paragraph (c) insert
In section 55 (late claim for asylum: refusal of support), in subsection (2), after paragraph (a) insert—.
In Schedule 3 (withholding and withdrawal of support)—
omit paragraph 7A;
in paragraph 14(1) and (2), for “, 7 or 7A” substitute “ or 7 ”.
In section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (failed asylum-seekers: withdrawal of support)—
omit subsections (1) and (4);
in subsection (3)(a) and (b), omit “other than paragraph 7A”.
In section 40 of the UK Borders Act 2007 (supply of Revenue and Customs information), in subsection (1)(f), for “asylum-seekers and their dependants” substitute “ persons ”.
In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements), in paragraph 8 (accommodation provided by virtue of immigration provisions)—
in paragraph (b) after “95” insert “ or 95A ”, and
in paragraph (c) after “98” insert “ or 98A ”.
Accommodation centres: definition of “asylum-seeker” etc
Section 18 of the Nationality, Immigration and Asylum Act 2002 (definition of asylum-seeker for purposes of Part 2) is amended as follows.
For subsection (1) substitute—
For subsection (3) substitute—
In consequence of the amendment made by paragraph 31(3), section 26A of the Immigration Act 1971 (registration card) is amended as follows.
In subsection (1)(b)(i), for “claim for asylum” substitute “ protection claim ”.
In subsection (2), for “ “claim for asylum”” substitute “ “protection claim” ”.
In consequence of the amendments made by paragraph 31, the Nationality, Immigration and Asylum Act 2002 is amended as follows.
In section 16 (establishment of accommodation centres), in subsection (3)(b), for “claims for asylum” substitute “ protection claims ”.
In section 21(3), for “claim for asylum” substitute “ protection claim ”.
In section 29 (facilities), in subsection (1)(c), for “claim for asylum” substitute “ protection claim ”.
Section 55 (late claim for asylum: refusal of support) is amended as follows.
In subsections (1)(a), (3)(a) and (6)(a), for “claim for asylum” substitute “ protection claim ”.
In subsection (9), for “ “claim for asylum”” substitute “ “protection claim” ”.
The heading of the section becomes “ Late protection claim: refusal of support ”.
Section 71 (asylum-seeker: residence, etc restriction) is amended as follows.
In subsection (1)(a), for “claim for asylum” substitute “ protection claim ”.
In subsection (5), for “ “claim for asylum”” substitute “ “protection claim” ”.
In Schedule 3 (withholding and withdrawal of support), in paragraph 17(1), for the definition of “asylum-seeker” substitute—.
Repeal of uncommenced provisions
The following provisions of the Nationality, Immigration and Asylum Act 2002, which contain amendments that have never been brought into force, are repealed—
section 47 (which inserts a new section 122 into that Act);
section 53 (which inserts new sections 103, 103A and 103B into that Act).
In Schedule 15 to the National Health Service (Wales) Act 2006, in paragraph 2, for sub-paragraph (7) substitute—
In Schedule 3 to the National Health Service (Consequential Provisions) Act 2006, omit paragraph 9.
In section 21 of the Care Act 2014, for subsections (2) and (3) substitute—
In section 46 of the Social Services and Well-being (Wales) Act 2014, for subsections (2) and (3) substitute—
Transitional and saving provision
The repeals made by paragraphs 1 and 2 do not apply in relation to—This is subject to sub-paragraph (2).
any person for whom accommodation is being provided under section 4 of the Immigration and Asylum Act 1999 immediately before the day on which those paragraphs come into force,
any person who has made an application before that day for accommodation to be provided under that section and whose application has not been determined or withdrawn before that day,
any person who has appealed before that day against a decision not to provide accommodation for the person under that section, or a decision not to continue to provide accommodation for the person under that section, and whose appeal has not been determined or withdrawn before that day, and
any dependant of a person within paragraph (a), (b) or (c).
The repeals made by paragraph 2(d) (which remove the right to appeal against a decision not to continue to provide accommodation for a person under section 4 of the Immigration and Asylum Act 1999) apply in relation to any decision not to continue to provide accommodation under that section for any person within sub-paragraph (1) which is made on or after the day on which paragraph 2(d) comes into force.
On and after the day on which paragraphs 1 and 2 come into force, section 4 of the Immigration and Asylum Act 1999 has effect in relation to persons within sub-paragraph (1) as if in subsection (11)(b) the word “not” were omitted.
In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).
The repeal made by paragraph 7(5) does not apply in relation to—
any person who has made an application before that day for support to be provided under section 95 of that Act and whose application has not been determined or withdrawn before that day,
any person who has appealed before that day against a decision not to provide support for the person under that section, or a decision not to continue to provide support for the person under that section, and whose appeal has not been determined or withdrawn before that day, and
any dependant of a person within paragraph (a), (b) or (c).
Where by virtue of sub-paragraph (1) a person is provided with support under section 95 of the Immigration and Asylum Act 1999 by virtue of section 94(5) of that Act on or after the day on which paragraph 7(5) comes into force, section 103 of that Act (appeals) does not apply in relation to any decision not to continue to provide that support for that person which is made on or after that day.
In this paragraph “dependant” has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).
Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) has effect as if—
after paragraph 7C there were inserted—, and
in paragraph 14 (information), references to paragraph 7 included a reference to the paragraph 7D treated as inserted by this Schedule.
Availability of local authority support
Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) is amended as follows.
Paragraph 1 (ineligibility for support) is amended as follows.
In sub-paragraph (1) (excluded support or assistance) after paragraph (g) insert—.
In that sub-paragraph, in paragraph (h) for “or 36” substitute “ , 35A or 35B ”.
After sub-paragraph (2) insert—
After paragraph 1 insert—
Paragraph 2(1) (exceptions) is amended as follows.
In paragraph (c) for “or 10” substitute “ , 10, 10A or 10B ”.
After the “or” at the end of paragraph (c) insert—.
After paragraph 2 insert—
After paragraph 3 insert—
In paragraph 6 (third class of ineligible person: failed asylum-seeker), in sub-paragraph (1), in the words before sub-paragraph (a), after “person” insert “ in Wales, Scotland or Northern Ireland ”.
In paragraph 7 (fourth class of ineligible person: person unlawfully in United Kingdom), in the words before sub-paragraph (a), after “person” insert “ in Wales, Scotland or Northern Ireland ”.
Before paragraph 8 insert—
After paragraph 10 insert—
In paragraph 11 (assistance and accommodation: general), in the words before sub-paragraph (a), for “or 10” substitute “ , 10, 10A or 10B ”.
In paragraph 13 (offences), in sub-paragraphs (1)(b) and (2)(a), for “or 10” substitute “ , 10, 10A or 10B ”.
In paragraph 14 (information), in sub-paragraphs (1) and (2), for “or 7” (as substituted by paragraph 26(8)(b) of Schedule 11) substitute “, 7 or 7B”.
Paragraph 15 (power to amend Schedule 3) is amended as follows.
After paragraph (a) insert—.
In paragraph (c) after “remove” insert “ , or modify the application of, ”.
After paragraph (c) insert—
Paragraph 16 (orders and regulations) is amended as follows.
In sub-paragraph (2)(d) after “amending” insert “ , repealing or revoking ”.
In sub-paragraph (3) after “2(1)(d) or (e)” insert “ , 2A(3)(b), 10A or 10B ”.
In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements) after paragraph 8 insert—
Penalties relating to airport control areas
Maritime enforcement
The Immigration Act 1971 is amended as follows.
In section 25(1) (offence of assisting unlawful immigration to member State), in paragraphs (a) and (b) after “breach” insert “ or attempted breach ”.
In section 25A (helping an asylum-seeker to enter United Kingdom) in subsection (1)(a)—
after “arrival” insert “ or attempted arrival ”, and
after “entry” insert “ or attempted entry ”.
In section 25B (assisting entry to United Kingdom in breach of deportation or exclusion order)—
in subsection (1), in paragraphs (a) and (b) after “breach” insert “ or attempted breach ”,
for subsection (2) substitute—,
in subsection (3)—
in paragraphs (a) and (b) after “remain” insert “ , or attempt to arrive in, enter or remain, ”, and
in paragraph (c) for the words from “personally” to the end substitute “ made an order excluding the individual from the United Kingdom on the grounds of public policy, public security or public health ”, and
after subsection (4) insert—
In section 28 (proceedings) after subsection (2) insert—
In section 28A(3) (arrest without warrant) in paragraphs (a) and (b) after “committed” insert “ or attempted to commit ”.
After Part 3 insert—
After Schedule 4 insert—
Civil registration fees
Powers to make regulations for the charging of fees
Marriage Act 1949 (c. 76)
Before section 72 of the Marriage Act 1949 (but after the heading of Part 6 of that Act) insert—
Births and Deaths Registration Act 1953 (c. 20)
Before section 39 of the Births and Deaths Registration Act 1953 (but after the cross-heading above that section) insert—
Registration Service Act 1953 (c. 37)
After section 19A of the Registration Service Act 1953 insert—
Civil Partnership Act 2004 (c. 33)
Section 34 of the Civil Partnership Act 2004 (fees) is amended as follows.
In subsection (1), omit “, of such amounts as may be specified in the order,”.
After subsection (1) insert—
For subsection (2) substitute—
Marriage (Same Sex Couples) Act 2013 (c. 30)
In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil partnership into marriage) after subsection (5) insert—
Consequential and related amendments
Places of Worship Registration Act 1855 (c. 81)
For section 5 of the Places of Worship Registration Act 1855 (fee to superintendent registrar) substitute—
Savings Banks Act 1887 (c. 40)
In section 10 of the Savings Banks Act 1887 (price of certificate of birth, death or marriage)—
the existing text becomes subsection (1),
in that subsection (1), after “entered for” insert “ , where the birth, death or marriage is registered in England and Wales, the appropriate fee or in any other case for ”, and
after that subsection insert—
Marriage Act 1949 (c. 76)
The Marriage Act 1949 is amended as follows.
In section 27 (notice of marriage) omit subsections (6) and (7).
In section 31 (marriage under certificate without licence)—
omit subsections (5F) and (5G),
in subsection (5H), omit “or an order under subsection (5F)”, and
omit subsection (5I).
In section 41 (registration of buildings: marriage of a man and a woman) omit subsection (6).
In section 43D (regulations about registration of buildings) in subsection (1), omit “and the fees payable”.
In section 51 (fees of registrars for attending marriages)—
for the heading substitute “ Fees of superintendent registrars for attending marriages in approved premises ”,
omit subsection (1),
in subsection (1A), omit paragraph (a) (and the “but” after it), and
omit subsection (2).
In section 57 (quarterly returns to superintendent registrar) omit subsection (4).
In section 63 (searches in register books) in subsection (1), omit from “, on payment” to the end.
In section 64 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.
In section 65 (searches of indexes kept by Registrar General) in subsection (2), omit from “, on payment” to the end.
In section 65A (searches and records of information: additional provision) omit subsection (2).
In section 74 (regulations) in subsection (1)(b), after “this Act” insert “ (other than section 71A) ”.
In section 78 (interpretation) in subsection (1), in the definition of “prescribed” after “ “prescribed”” insert “ (other than in section 71A) ”.
Births and Deaths Registration Act 1953 (c. 20)
The Births and Deaths Registration Act 1953 is amended as follows.
In section 13 (registration of name of child or of alteration of name) in subsection (2), omit “on payment of a fee not exceeding £1.00”.
In section 30 (searches of indexes kept by Registrar General)—
in subsection (2), omit from “, on payment” to the end, and
in subsection (3), omit “and on payment as aforesaid of the appropriate fee aforesaid”.
In section 31 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.
In section 32 (searches in registers kept by registrars) omit from “, on payment” to the end of paragraph (c).
In section 33 (short certificate of birth) in subsection (1), omit from “on payment” to “and”.
In section 33A (short certificate of death)—
in subsection (1), for paragraphs (a) and (b) substitute “ , on furnishing the prescribed particulars, ”, and
omit subsection (3).
In section 34A (searches and records of information: additional provision) omit subsection (2).
In section 39 (regulations made by the Registrar General) in paragraph (a), for “and 34A” substitute “ , 34A and 38A ”.
In section 39A (regulations made by the Minister: further provisions)—
in subsection (1)(c), after “such” insert “ consequential, ”,
in subsection (2), after “provisions” insert “ other than section 38A ”, and
in subsection (5), for “and 34A” substitute “ , 34A and 38A ”.
In section 41 (interpretation) in subsection (1), in the definition of “prescribed”, for “and 10C” substitute “ , 10C and 38A ”.
Registration Service Act 1953 (c. 37)
Omit section 16 of the Registration Service Act 1953 (general provision as to fees).
Factories Act 1961 (c. 34)
In section 178 of the Factories Act 1961 (certificates of birth)—
in subsection (1), after “payment of” insert “ the appropriate fee in England and Wales or ”,
also in subsection (1), before “, be entitled” insert “ in Scotland ”, and
after subsection (2) insert—
Public Expenditure and Receipts Act 1968 (c. 14)
In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees)—
omit the entry relating to the Education Act 1996,
omit the entry relating to the Marriage Act 1949,
omit the entry relating to the Births and Deaths Registration Act 1953,
in the entry relating to the Savings Banks Act 1887, in the second column, omit “Secretary of State or, as regards Scotland, the”,
in the entry relating to the Factories Act 1961, in the second column, omit “Secretary of State or, as regards Scotland, the”,
in the entry relating to the Social Security Administration Act 1992, in the second column, omit “Secretary of State or, as regards Scotland, the”, and
omit the entry for the Places of Worship Registration Act 1855.
Marriage (Registrar General's Licence) Act 1970 (c. 34)
Omit section 17 of the Marriage (Registrar General's Licence) Act 1970 (fees).
Social Security Administration Act 1992 (c. 5)
Section 124 of the Social Security Administration Act 1992 (provisions relating to age, death and marriage) is amended as follows.
In subsection (3), for the words from “a fee” to “Wales and” substitute “ the appropriate fee in England and Wales and a fee of ”.
In subsection (3A), for paragraph (b) substitute—.
In subsection (5), in paragraph (a) after the opening words insert—
Education Act 1996 (c. 56)
Section 564 of the Education Act 1996 (certificates of birth and registrars' returns) is amended as follows.
In subsection (1), for paragraph (b) substitute—.
In subsection (4)—
after the opening words insert—, and
in the definition of “register of births and deaths”, for “the Births and Deaths Registration Act 1953” substitute “ that Act ”.