Office of Public Sector Information
SCHEDULE 14 continued
61 In Schedule 2, in paragraph 18 (treatment of persons detained), after sub-paragraph (2) insert—
“(2A) The power conferred by sub-paragraph (2) includes power to take fingerprints.”
62 In Schedule 2, paragraph 21 (temporary admission of persons liable to detention) is amended as follows.
(2) After sub-paragraph (2) insert—
“(2A) The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by regulations made by the Secretary of State.
(2B) The regulations may, among other things, provide for the inclusion of provisions—
(a) prohibiting residence in one or more particular areas;
(b) requiring the person concerned to reside in accommodation provided under section 4 of the Immigration and Asylum Act 1999 and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him.
(2C) The regulations may provide that a particular description of provision may be imposed only for prescribed purposes.
(2D) The power to make regulations conferred by this paragraph is exercisable by statutory instrument and includes a power to make different provision for different cases.
(2E) But no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.”
(3) In sub-paragraph (3), after “2” insert “or 2A”.
(4) In sub-paragraph (4)(a), omit “under paragraph 2 above”.
63 In Schedule 2, in paragraph 22 (temporary release of persons liable to detention), in sub-paragraph (1)(a), after “examination;” insert—
“(aa) a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter;”.
64 (1) In Schedule 2, paragraph 26 (supplementary duties of those connected with ships or aircraft or with ports) is amended as follows.
(2) In sub-paragraph (1), omit “and have not been given leave”.
(3) After sub-paragraph (1) insert—
“(1A) Sub-paragraph (1) does not apply in such circumstances, if any, as the Secretary of State may by order prescribe.”
(4) After sub-paragraph (3) insert—
“(3A) The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament.”
65 In Schedule 2, omit paragraph 28.
66 In Schedule 2, in paragraph 29, for “13(1), 16 or 17 of this Act” substitute “ 59, 65, 66, 67, 69(1) or (5) or 71 of the Immigration and Asylum Act 1999”.
67 In Schedule 2, in paragraph 34 (grant of bail pending removal), in sub-paragraph (1), after “examination” insert “, detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter”.
68 In Schedule 3, in paragraph 2(4) (application of certain provisions if person detained under Schedule 3), for “and 18” substitute “,18 and 25A to 25E”.
69 In Schedule 3 (supplementary provision as to deportation), in paragraph 3—
(a) for “16 or 17” substitute “ 66 or 67 of the Immigration and Asylum Act 1999”;
(b) omit “in paragraph 28(2), (3) and (6) and”; and
(c) for “15(1)(a)” substitute “ 63(1)(a) or 69(4)(a) of the Immigration and Asylum Act 1999”.
70 In Schedule 4 (integration of United Kingdom and Islands immigration law), for paragraph 3 (deportation) substitute—
“3 (1) This Act has effect in relation to a person who is subject to an Islands deportation order as if the order were a deportation order made against him under this Act.
(2) Sub-paragraph (1) does not apply if the person concerned is—
(a) a British citizen;
(b) an EEA national;
(c) a member of the family of an EEA national; or
(d) a member of the family of a British citizen who is neither such a citizen nor an EEA national.
(3) The Secretary of State does not, as a result of sub-paragraph (1), have power to revoke an Islands deportation order.
(4) In any particular case, the Secretary of State may direct that paragraph (b), (c) or (d) of sub-paragraph (2) is not to apply in relation to the Islands deportation order.
(5) Nothing in this paragraph makes it unlawful for a person in respect of whom an Islands deportation order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom.
(6) “Islands deportation order” means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return.
(7) Subsections (10) and (12) to (14) of section 80 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section.”
71 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—
(a) omit—
“Adjudicator appointed for the purposes of the Immigration Act 1971”; and
(b) at the appropriate places, insert—
“Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999”; and
“Asylum Support Adjudicator”.
72 In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices)—
(a) omit—
“Adjudicator appointed for the purposes of the Immigration Act 1971”; and
(b) at the appropriate places, insert—
“Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999”; and
“Asylum Support Adjudicator”.
73 In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), after subsection (7), insert—
“(7A) A tenancy or licence is excluded if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.”
74 Section 53 of the Education (Scotland) Act 1980 (requirement to provide school meals etc) is amended as follows—
(a) in subsection (3)—
(i) for the words from the beginning to “an”, where it occurs for the second time, substitute—
“(3) Subsection (3AA) below applies in relation to a pupil—
(a) whose parents are in receipt of—
(i) income support;
(ii) an income-based jobseeker’s allowance (payable under the [1995 c. 18.] Jobseekers Act 1995); or
(iii) support provided under Part VI of the Immigration and Asylum Act 1999; or
(b) who is himself in receipt of income support or an income-based jobseeker’s allowance.
(3AA) An”; and
(ii) for “him”, where it occurs for the first time, substitute “the pupil”; and
(b) in subsection (3A), for “Subsections (1), (2) and (3)” substitute “Subsections (1) to (3AA)”.
75 In Schedule 1 to the Firearms (Northern Ireland) Order 1981 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 4 insert—
“4A An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).”
76 In Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of orders for periodical payment of money), at the end, insert—
“(k) section 113 of the Immigration and Asylum Act 1999.”
77 In section 1 of the Marriage Act 1983 (marriages of house-bound and detained persons in England and Wales)—
(a) in subsection (1), for “a superintendent registrar’s certificate” substitute “certificates of a superintendent registrar”; and
(b) in subsection (2)(a), for “the notice” substitute “each notice”.
78 In Schedule 2 to the Housing (Northern Ireland) Order 1983 (tenancies which are not secure tenancies), after paragraph 3, insert—
3A (1) A tenancy is not a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
(2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.”
79 In section 23A of the Rent (Scotland) Act 1984 (excluded tenancies and occupancy rights), after subsection (5) insert—
“(5A) Nothing in section 23 of this Act applies to a tenancy or right of occupancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.”
80 (1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 8 (power of justice to authorise entry and search of premises), at the end insert—
“(6) This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence.”
(3) In section 22 (retention), at the end insert—
“(6) This section also applies to anything retained by the police under section 28H(5) of the [1971 c. 77.] Immigration Act 1971.”
(4) In section 61 (fingerprints), in subsection (9)(a), after “1971” insert “, section 141 of the Immigration and Asylum Act 1999 or regulations made under section 144 of that Act”.
81 In Schedule 1 to the Housing Act 1985 (tenancies which cannot be secure tenancies), after paragraph 4, insert—
4A (1) A tenancy is not a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
(2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.”
82 In Schedule 2 to the Housing (Scotland) Act 1987 (tenancies which cannot be secure tenancies), after paragraph 5 insert—
5A (1) A tenancy shall not be a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
(2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.”
83 The Immigration Act 1988 is amended as follows.
84 Omit section 5 (restricted right of appeal against deportation in cases of breach of limited leave).
85 Omit section 8 (examination of passengers before arrival).
86 Omit section 9 (charges).
87 In Schedule 4 to the Housing (Scotland) Act 1988 (tenancies which cannot be assured tenancies), after paragraph 11A insert—
11B A tenancy granted under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under Part VI of the Immigration and Asylum Act 1999.”
88 In Schedule 1 to the Housing Act 1988 (tenancies which are not assured tenancies), after paragraph 12, insert—
12A (1) A tenancy granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under Part VI of the Immigration and Asylum Act 1999.
(2) “Private landlord” means a landlord who is not within section 80(1) of the [1985 c. 68.] Housing Act 1985.”
89 (1) Paragraph 10 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (requirements on captain of ship or aircraft with respect to passengers and crew) is amended as follows.
(2) In sub-paragraph (4), for “unless he is subject to the requirements of an order under paragraph 27(2) of Schedule 2 to the [1971 c. 77.] Immigration Act 1971 and subject to sub-paragraph (6)” substitute “subject to sub-paragraphs (5A) and (6)”.
(3) After sub-paragraph (5), insert—
“(5A) Sub-paragraph (4) above does not apply to the extent that the information mentioned in sub-paragraph (5) above is the subject of—
(a) an order under paragraph 27(2) of Schedule 2 to the Immigration Act 1971 in relation to the arrival of the ship or aircraft, or
(b) a request made to the owner or agent of the ship or aircraft under paragraph 27B of that Schedule in relation to the arrival of the ship or aircraft.”
90 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.
(2) In Article 10 (provision for Northern Ireland corresponding to section 8 of the 1984 Act), at the end insert—
“(6) This Article applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence.”
(3) In Article 24 (provision for Northern Ireland corresponding to section 22 of the 1984 Act), at the end insert—
“(6) This Article also applies to anything retained by the police under section 28H(5) of the [1971 c. 77.] Immigration Act 1971.”
(4) In Article 61 (fingerprints) in paragraph (9)(a), after “1971” insert “, section 141 of the Immigration and Asylum Act 1999 or regulations made under section 144 of that Act”.
91 (1) The Courts and Legal Services Act 1990 is amended as follows.
(2) In Schedule 10 (judicial and other appointments), omit paragraph 34.
(3) In Schedule 11 (judges etc. barred from legal practice), in the entry relating to the Immigration Appeal Tribunal, omit “appointed under Schedule 5 to the Immigration Act 1971” and after that entry insert—
“Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)”.
92 In the Social Security Contributions and Benefits Act 1992, omit section 146A (persons subject to immigration control).
93 In the Social Security Contributions and Benefits (Northern Ireland) Act 1992, omit section 142A (persons subject to immigration control).
94 The Tribunals and Inquiries Act 1992 is amended as follows.
95 In Schedule 1 (tribunals under the supervision of the Council on Tribunals), after paragraph 2 insert—
| “Asylum-seekers support | 2A. Asylum Support Adjudicators established under section 102 of the Immigration and Asylum Act 1999.” |
96 In Schedule 1, in paragraph 22—
(a) in sub-paragraph (a), for “12 of the Immigration Act 1971” substitute “ 57 of the Immigration and Asylum Act 1999”; and
(b) in sub-paragraph (b), for “that section” substitute “section 56 of that Act”.
97 In Schedule 1, after paragraph 22, insert—
| “Immigration services | 22A. The Immigration Services Tribunal established under section 87 of the Immigration and Asylum Act 1999.” |
98 (1) The Judicial Pensions and Retirement Act 1993 is amended as follows.
(2) In Schedule 1 (offices which may be qualifying judicial offices), in Part II, for “Chief, or any other, immigration adjudicator under the Immigration Act 1971” substitute “Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)”.
(3) In Schedule 5 (relevant offices in relation to the retirement provisions), for “Immigration Adjudicator” substitute “Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)”.
(4) In Schedule 6 (retirement date for certain judicial offices), omit paragraphs 37 and 38.
99 The Asylum and Immigration Appeals Act 1993 is amended as follows.
100 Omit section 3 (fingerprinting).
101 Omit sections 4 and 5 and Schedule 1 (housing of asylum-seekers and their dependants).
102 (1) Omit section 6 (protection of asylum claimants from deportation etc.).
(2) This paragraph is to be treated as having come into force on 26th July 1993.
103 Omit section 7 (curtailment of leave).
104 Omit sections 8, 9, 10 and 11 and Schedule 2 (which relate to appeals).
105 For paragraph (a) of section 9A(1) (bail pending appeal from Immigration Appeal Tribunal), substitute—
“(a) has an appeal under Part IV of the Immigration and Asylum Act 1999 which is pending by reason of an appeal, or an application for leave to appeal;”.
106 In section 9A(6), for “section 9 above” substitute “paragraph 23 of Schedule 4 of the Immigration and Asylum Act 1999”.
107 Omit section 12 (carriers' liability).
108 The Asylum and Immigration Act 1996 is amended as follows.
109 Omit section 7 (power of arrest and search warrants).
110 Omit section 9 (entitlement to housing accommodation and assistance).
111 Omit section 10 (entitlement to child benefit).
112 Omit section 11 (saving for social security regulations).
113 Omit Schedule 1 (modifications of social security regulations).
114 In Schedule 2, omit sub-paragraphs (2) and (3) of paragraph 1, paragraph 3 and paragraph 4(2) (which are spent as a result of this Act).
115 In Schedule 3, omit paragraphs 1, 2 and 5 (which are spent as a result of this Act).
116 In section 183(2) of the Housing Act 1996 (interpretation of expressions related to assistance), in the definition of “eligible for assistance”, omit “or section 186 (asylum seekers and their dependants)”.
117 In section 512(3) of the Education Act 1996 (requirement to provide school meals)—
(a) for the words from the beginning to “a”, where it occurs for the second time, substitute—
“(3) Subsection (3A) applies in relation to a pupil—
(a) whose parents are in receipt of—
(i) income support;(ii) an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995); or(iii) support provided under Part VI of the Immigration and Asylum Act 1999; or(b) who is himself in receipt of income support or an income-based jobseeker’s allowance.
(3A) A”; and
(b) in paragraph (a), for “him” substitute “the pupil”.
118 The Special Immigration Appeals Commission Act 1997 is amended as follows.
119 In section 2 (appellate jurisdiction of the Commission), for subsection (1) substitute—
“(1) A person may appeal to the Special Immigration Appeals Commission against a decision which he would be entitled to appeal against under any provision (other than section 59(2)) of Part IV of the Immigration and Asylum Act 1999 (“the 1999 Act”) or the Immigration (European Economic Area) Order 1994 (“the 1994 Order”) but for a public interest provision.
(1A) “Public interest provision” means any of—
(a) sections 60(9), 62(4), 64(1) or (2) or 70(1) to (6) of the 1999 Act; or
(b) paragraphs (b), (c) or (d) of Article 20(2) of the 1994 Order.”.
120 In section 2(2) for “subsection (2) of section 13 of the Immigration Act 1971, but for subsection (5) of that section” substitute “section 59(2) of the 1999 Act but for section 60(9) of that Act”.
121 After section 2 insert—
(1) A person who alleges that an authority has, in taking an appealable decision, acted in breach of his human rights may appeal to the Commission against that decision.
(2) For the purposes of this section, an authority acts in breach of a person’s human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the [1998 c. 42.] Human Rights Act 1998.
(3) Subsections (4) and (5) apply if, in any appellate proceedings being heard by the Commission, a question arises as to whether an authority has, in taking a decision which is the subject of the proceedings, acted in breach of the appellant’s human rights.
(4) The Commission has jurisdiction to consider the question.
(5) If the Commission decides that the authority concerned acted in breach of the appellant’s human rights, the appeal may be allowed on that ground.
(6) “Authority” means—
(a) the Secretary of State;
(b) an immigration officer;
(c) a person responsible for the grant or refusal of entry clearance.
(7) “Appealable decision” means a decision against which a person would be entitled to appeal under Part IV of the 1999 Act or the 1994 Order but for a public interest provision.
(8) “The 1999 Act”, “the 1994 Order” and “public interest provision” have the same meaning as in section 2.”
122 In section 4 (determination of appeals), after subsection (1) insert—
“(1A) If a certificate under section 70(4)(b) of the Immigration and Asylum Act 1999 has been issued, the Commission on an appeal to it under this Act may, instead of determining the appeal, quash the certificate and remit the appeal to an adjudicator.”
123 In section 7 (appeals from Commission), omit subsection (4).
124 After section 7, insert—
(1) For the purposes of this Act, an appeal to the Commission is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
(2) An appeal is not to be treated as finally determined while a further appeal may be brought.
(3) If a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
(4) A pending appeal to the Commission is to be treated as abandoned if the appellant leaves the United Kingdom.
(5) A pending appeal to the Commission is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom.
(6) But subsection (5) does not apply to an appeal brought under section 2(1) as a result of section 70(4) of the Immigration and Asylum Act 1999.
(7) A pending appeal brought under section 2(1) as a result of section 62(3) of that Act is to be treated as abandoned if a deportation order is made against the appellant.”
125 In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)—
(a) in sub-paragraph (i), for “paragraph 1 of Schedule 5 to the Immigration Act 1971” substitute “section 57(2) of the Immigration and Asylum Act 1999”; and
(b) in sub-paragraph (ii), for “paragraph 7 of that Schedule” substitute “paragraph 1(3) of Schedule 2 to that Act”.
126 In Schedule 2 (supplementary provisions as to appeals) for paragraphs 1 to 3 substitute—
Immigration and Asylum Act 1999