PART I continued
In the 1971 Act, in Schedule 2, after paragraph 27B, insert—
27C (1) If a senior officer, or an immigration officer authorised by a senior officer, gives written notice to the owner or agent (“the carrier”) of a ship or aircraft, the carrier must inform a relevant officer of the expected arrival in the United Kingdom of any ship or aircraft—
(a) of which he is the owner or agent; and
(b) which he expects to carry a person who is not an EEA national.
(2) The notice may relate to—
(a) a particular ship or particular aircraft of the carrier;
(b) particular ships or aircraft (however described) of the carrier; or
(c) all of the carrier’s ships or aircraft.
(3) The notice—
(a) must state the date on which it ceases to have effect; and
(b) continues in force until that date, unless withdrawn earlier by written notice given by a senior officer.
(4) The date may not be later than six months after the notice is given.
(5) The fact that a notice under sub-paragraph (1) has ceased to have effect as a result of sub-paragraph (3) does not prevent the notice from being renewed.
(6) The information must be provided—
(a) in such form and manner as the notice may require; and
(b) before the ship or aircraft concerned departs for the United Kingdom.
(7) If a ship or aircraft travelling to the United Kingdom stops at one or more places before arriving in the United Kingdom, it is to be treated as departing for the United Kingdom when it leaves the last of those places.
(8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.
(9) “Relevant officer” means—
(a) the officer who gave the notice under sub-paragraph (1); or
(b) any immigration officer at the port at which the ship or aircraft concerned is expected to arrive.
(10) “EEA national” means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being.”
(1) This section applies to information held by—
(a) a chief officer of police;
(b) the Director General of the National Criminal Intelligence Service;
(c) the Director General of the National Crime Squad;
(d) the Commissioners of Customs and Excise, or a person providing services to them in connection with the provision of those services;
(e) a person with whom the Secretary of State has made a contract or other arrangements under section 95 or 98 or a sub-contractor of such a person; or
(f) any specified person, for purposes specified in relation to that person.
(2) The information may be supplied to the Secretary of State for use for immigration purposes.
(3) “Immigration purposes” means any of the following—
(a) the administration of immigration control under the Immigration Acts;
(b) the prevention, detection, investigation or prosecution of criminal offences under those Acts;
(c) the imposition of penalties or charges under Part II;
(d) the provision of support for asylum-seekers and their dependants under Part VI;
(e) such other purposes as may be specified.
(4) “Chief officer of police” means—
(a) the chief officer of police for a police area in England and Wales;
(b) the chief constable of a police force maintained under the [1967 c. 77.] Police (Scotland) Act 1967;
(c) the Chief Constable of the Royal Ulster Constabulary.
(5) “Specified” means specified in an order made by the Secretary of State.
(6) This section does not limit the circumstances in which information may be supplied apart from this section.
(1) This section applies to information held by the Secretary of State in connection with the exercise of functions under any of the Immigration Acts.
(2) The information may be supplied to—
(a) a chief officer of police, for use for police purposes;
(b) the Director General of the National Criminal Intelligence Service, for use for NCIS purposes;
(c) the Director General of the National Crime Squad, for use for NCS purposes;
(d) the Commissioners of Customs and Excise, or a person providing services to them, for use for customs purposes; or
(e) any specified person, for use for purposes specified in relation to that person.
(3) “Police purposes” means any of the following—
(a) the prevention, detection, investigation or prosecution of criminal offences;
(b) safeguarding national security;
(c) such other purposes as may be specified.
(4) “NCIS purposes” means any of the functions of the National Criminal Intelligence Service mentioned in section 2 of the [1997 c. 50.] Police Act 1997.
(5) “NCS purposes” means any of the functions of the National Crime Squad mentioned in section 48 of that Act.
(6) “Customs purposes” means any of the Commissioners' functions in relation to—
(a) the prevention, detection, investigation or prosecution of criminal offences;
(b) the prevention, detection or investigation of conduct in respect of which penalties which are not criminal penalties are provided for by or under any enactment;
(c) the assessment or determination of penalties which are not criminal penalties;
(d) checking the accuracy of information relating to, or provided for purposes connected with, any matter under the care and management of the Commissioners or any assigned matter (as defined by section 1(1) of the [1979 c. 2.] Customs and Excise Management Act 1979);
(e) amending or supplementing any such information (where appropriate);
(f) legal or other proceedings relating to anything mentioned in paragraphs (a) to (e);
(g) safeguarding national security; and
(h) such other purposes as may be specified.
(7) “Chief officer of police” and “specified” have the same meaning as in section 20.
(8) This section does not limit the circumstances in which information may be supplied apart from this section.
In the [1996 c. 49.] Asylum and Immigration Act 1996, after section 8, insert—
(1) The Secretary of State must issue a code of practice as to the measures which an employer is to be expected to take, or not to take, with a view to securing that, while avoiding the commission of an offence under section 8, he also avoids unlawful discrimination.
(2) “Unlawful discrimination” means—
(a) discrimination in contravention of section 4(1) of the [1976 c. 74.] Race Relations Act 1976 (“the 1976 Act”); or
(b) in relation to Northern Ireland, discrimination in contravention of Article 6(1) of the [S.I. 1997/869 (N.I. 6).] Race Relations (Northern Ireland) Order 1997 (“the 1997 Order”).
(3) Before issuing the code, the Secretary of State must—
(a) prepare and publish a draft of the proposed code; and
(b) consider any representations about it which are made to him.
(4) In preparing the draft, the Secretary of State must consult—
(a) the Commission for Racial Equality;
(b) the Equality Commission for Northern Ireland; and
(c) such organisations and bodies (including organisations or associations of organisations representative of employers or of workers) as he considers appropriate.
(5) If the Secretary of State decides to proceed with the code, he must lay a draft of the code before both Houses of Parliament.
(6) The draft code may contain modifications to the original proposals made in the light of representations to the Secretary of State.
(7) After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order made by statutory instrument.
(8) An order under subsection (7)—
(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament;
(b) may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code.
(9) A failure on the part of any person to observe a provision of the code does not of itself make him liable to any proceedings.
(10) But the code is admissible in evidence—
(a) in proceedings under the 1976 Act before an employment tribunal;
(b) in proceedings under the 1997 Order before an industrial tribunal.
(11) If any provision of the code appears to the tribunal to be relevant to any question arising in such proceedings, that provision is to be taken into account in determining the question.
(12) The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.
(13) The provisions of this section also apply (with appropriate modifications) to any revision, or proposed revision, of the code.”
(1) The Secretary of State must appoint a person to monitor, in such a manner as the Secretary of State may determine, refusals of entry clearance in cases where there is, as a result of section 60(5), no right of appeal.
(2) But the Secretary of State may not appoint a member of his staff.
(3) The monitor must make an annual report on the discharge of his functions to the Secretary of State.
(4) The Secretary of State must lay a copy of any report made to him under subsection (3) before each House of Parliament.
(5) The Secretary of State may pay to the monitor such fees and allowances as he may determine.
(1) Subsection (3) applies if—
(a) a superintendent registrar to whom a notice of marriage has been given under section 27 of the [1949 c. 76.] Marriage Act 1949,
(b) any other person who, under section 28(2) of that Act, has attested a declaration accompanying such a notice,
(c) a district registrar to whom a marriage notice or an approved certificate has been submitted under section 3 of the [1977 c. 15.] Marriage (Scotland) Act 1977, or
(d) a registrar or deputy registrar to whom notice has been given under section 13 of the [1844 c. 81.] Marriages (Ireland) Act 1844 or section 4 of the [1863 c. 27.] Marriage Law (Ireland) Amendment Act 1863,
has reasonable grounds for suspecting that the marriage will be a sham marriage.
(2) Subsection (3) also applies if—
(a) a marriage is solemnized in the presence of a registrar of marriages or, in relation to Scotland, an authorised registrar (within the meaning of the Act of 1977); and
(b) before, during or immediately after solemnization of the marriage, the registrar has reasonable grounds for suspecting that the marriage will be, or is, a sham marriage.
(3) The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.
(4) The regulations are to be made—
(a) in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer;
(b) in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;
(c) in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.
(5) “Sham marriage” means a marriage (whether or not void)—
(a) entered into between a person (“A”) who is neither a British citizen nor a national of an EEA State other than the United Kingdom and another person (whether or not such a citizen or such a national); and
(b) entered into by A for the purpose of avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules.
(1) The person responsible for the management of a control port (“the manager”) must provide the Secretary of State free of charge with such facilities at the port as the Secretary of State may direct as being reasonably necessary for, or in connection with, the operation of immigration control there.
(2) Before giving such a direction, the Secretary of State must consult such persons likely to be affected by it as he considers appropriate.
(3) If the Secretary of State gives such a direction, he must send a copy of it to the person appearing to him to be the manager.
(4) If the manager persistently fails to comply with the direction (or part of it), the Secretary of State may—
(a) in the case of a control port which is not a port of entry, revoke any approval in relation to the port given under paragraph 26(1) of Schedule 2 to the 1971 Act;
(b) in the case of a control port which is a port of entry, by order revoke its designation as a port of entry.
(5) A direction under this section is enforceable, on the application of the Secretary of State—
(a) by injunction granted by a county court; or
(b) in Scotland, by an order under section 45 of the [1988 c. 36.] Court of Session Act 1988.
(6) “Control port” means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the 1971 Act.
(7) “Facilities” means accommodation, facilities, equipment and services of a class or description specified in an order made by the Secretary of State.
(1) The Secretary of State may, at the request of any person and in consideration of such charges as he may determine, make arrangements—
(a) for the provision at any control port of immigration officers or facilities in addition to those (if any) needed to provide a basic service at the port;
(b) for the provision of immigration officers or facilities for dealing with passengers of a particular description or in particular circumstances.
(2) “Control port” has the same meaning as in section 25.
(3) “Facilities” includes equipment.
(4) “Basic service” has such meaning as may be prescribed.
(1) The Secretary of State may, with the approval of the Treasury, make regulations prescribing fees to be paid in connection with applications to him for travel documents.
(2) If a fee is prescribed in connection with an application of a particular kind, no such application is to be entertained by the Secretary of State unless the fee has been paid in accordance with the regulations.
(3) In respect of any period before the coming into force of this section, the Secretary of State is to be deemed always to have had power to impose charges in connection with—
(a) applications to him for travel documents; or
(b) the issue by him of travel documents.
(4) “Travel document” does not include a passport.
In the 1971 Act, after section 24, insert—
(1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him—
(a) he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or
(b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.
(2) “Enforcement action”, in relation to a person, means—
(a) the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;
(b) the making of a deportation order against him under section 5 of this Act; or
(c) his removal from the United Kingdom in consequence of directions or a deportation order.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(4) The extended time limit for prosecutions which is provided for by section 28 applies to an offence under this section.”
(1) Section 25 of the 1971 Act (assisting illegal entry) is amended as follows.
(2) In subsection (1), for “seven” substitute “ten”.
(3) For subsection (1A) substitute—
“(1A) Nothing in subsection (1)(b) applies to anything done in relation to a person who—
(a) has been detained under paragraph 16 of Schedule 2 to this Act; or
(b) has been granted temporary admission under paragraph 21 of that Schedule.
(1B) Nothing in subsection (1)(b) applies to anything done by a person otherwise than for gain.
(1C) Nothing in subsection (1)(b) applies to anything done to assist an asylum claimant by a person in the course of his employment by a bona fide organisation, if the purposes of that organisation include assistance to persons in the position of the asylum claimant.
(1D) “Asylum claimant” means a person who intends to make a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention or the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom.
(1E) “Refugee Convention” and “Human Rights Convention” have the meaning given in the Immigration and Asylum Act 1999.”
(4) In subsection (5), for “Subsection (1)(a)” substitute “Paragraphs (a) and (b) of subsection (1)”.
(1) Section 26 of the 1971 Act (general offences in connection with administration of the Act) is amended as follows.
(2) In subsection (1)(c), for “this Act” substitute “a relevant enactment”.
(3) After subsection (2), insert—
“(3) “Relevant enactment” means—
(a) this Act;
(b) the [1988 c. 14.] Immigration Act 1988;
(c) the [1993 c. 23.] Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5); or
(d) the Immigration and Asylum Act 1999 (apart from Part VI).”
(1) It is a defence for a refugee charged with an offence to which this section applies to show that, having come to the United Kingdom directly from a country where his life or freedom was threatened (within the meaning of the Refugee Convention), he—
(a) presented himself to the authorities in the United Kingdom without delay;
(b) showed good cause for his illegal entry or presence; and
(c) made a claim for asylum as soon as was reasonably practicable after his arrival in the United Kingdom.
(2) If, in coming from the country where his life or freedom was threatened, the refugee stopped in another country outside the United Kingdom, subsection (1) applies only if he shows that he could not reasonably have expected to be given protection under the Refugee Convention in that other country.
(3) In England and Wales and Northern Ireland the offences to which this section applies are any offence, and any attempt to commit an offence, under—
(a) Part I of the [1981 c. 45.] Forgery and Counterfeiting Act 1981 (forgery and connected offences);
(b) section 24A of the 1971 Act (deception); or
(c) section 26(1)(d) of the 1971 Act (falsification of documents).
(4) In Scotland, the offences to which this section applies are those—
(a) of fraud,
(b) of uttering a forged document,
(c) under section 24A of the 1971 Act (deception), or
(d) under section 26(1)(d) of the 1971 Act (falsification of documents),
and any attempt to commit any of those offences.
(5) A refugee who has made a claim for asylum is not entitled to the defence provided by subsection (1) in relation to any offence committed by him after making that claim.
(6) “Refugee” has the same meaning as it has for the purposes of the Refugee Convention.
(7) If the Secretary of State has refused to grant a claim for asylum made by a person who claims that he has a defence under subsection (1), that person is to be taken not to be a refugee unless he shows that he is.
(8) A person who—
(a) was convicted in England and Wales or Northern Ireland of an offence to which this section applies before the commencement of this section, but
(b) at no time during the proceedings for that offence argued that he had a defence based on Article 31(1),
may apply to the Criminal Cases Review Commission with a view to his case being referred to the Court of Appeal by the Commission on the ground that he would have had a defence under this section had it been in force at the material time.
(9) A person who—
(a) was convicted in Scotland of an offence to which this section applies before the commencement of this section, but
(b) at no time during the proceedings for that offence argued that he had a defence based on Article 31(1),
may apply to the Scottish Criminal Cases Review Commission with a view to his case being referred to the High Court of Justiciary by the Commission on the ground that he would have had a defence under this section had it been in force at the material time.
(10) The Secretary of State may by order amend—
(a) subsection (3), or
(b) subsection (4),
by adding offences to those for the time being listed there.
(11) Before making an order under subsection (10)(b), the Secretary of State must consult the Scottish Ministers.