Office of Public Sector Information
In section 35(2) and (3) of the Customs and Excise Management Act 1979 (c. 2) (arrivals in the United Kingdom) after “arriving” insert “, or expected to arrive,”.
(1) This section applies to—
(a) the Secretary of State in so far as he has functions under the Immigration Acts,
(b) a chief officer of police, and
(c) Her Majesty’s Revenue and Customs.
(2) The persons specified in subsection (1) shall share information to which subsection (4) applies and which is obtained or held by them in the course of their functions to the extent that the information is likely to be of use for—
(a) immigration purposes,
(b) police purposes, or
(c) Revenue and Customs purposes.
(3) But a chief officer of police in Scotland shall share information under subsection (2) only to the extent that it is likely to be of use for—
(a) immigration purposes,
(b) police purposes, in so far as they are or relate to reserved matters within the meaning of the Scotland Act 1998, or
(c) Revenue and Customs purposes other than the prosecution of crime.
(4) This subsection applies to information which—
(a) is obtained or held in the exercise of a power specified by the Secretary of State and the Treasury jointly by order and relates to—
(i) passengers on a ship or aircraft,
(ii) crew of a ship or aircraft,
(iii) freight on a ship or aircraft, or
(iv) flights or voyages, or
(b) relates to such other matters in respect of travel or freight as the Secretary of State and the Treasury may jointly specify by order.
(5) The Secretary of State and the Treasury may make an order under subsection (4) which has the effect of requiring information to be shared only if satisfied that—
(a) the sharing is likely to be of use for—
(i) immigration purposes,
(ii) police purposes, or
(iii) Revenue and Customs purposes, and
(b) the nature of the information is such that there are likely to be circumstances in which it can be shared under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
(6) Information shared in accordance with subsection (2)—
(a) shall be made available to each of the persons specified in subsection (1), and
(b) may be used for immigration purposes, police purposes or Revenue and Customs purposes (regardless of its source).
(7) An order under subsection (4) may not specify—
(a) a power of Her Majesty’s Revenue and Customs if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, or
(b) a matter to which that section applies.
(8) An order under subsection (4)—
(a) shall be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(9) In this section—
“chief officer of police” means—
in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996 (c. 16),
in Scotland, the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77), and
in Northern Ireland, the chief constable of the Police Service of Northern Ireland,
“immigration purposes” has the meaning given by section 20(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure to Secretary of State),
“police purposes” has the meaning given by section 21(3) of that Act (disclosure by Secretary of State), and
“Revenue and Customs purposes” means those functions of Her Majesty’s Revenue and Customs specified in section 21(6) of that Act.
(10) This section has effect despite any restriction on the purposes for which information may be disclosed or used.
(1) The Secretary of State and the Treasury shall jointly issue one or more codes of practice about—
(a) the use of information shared in accordance with section 36(2), and
(b) the extent to which, or form or manner in which, shared information is to be made available in accordance with section 36(6).
(2) A code—
(a) shall not be issued unless a draft has been laid before Parliament, and
(b) shall come into force in accordance with provision made by order of the Secretary of State and the Treasury jointly.
(3) The Secretary of State and the Treasury shall jointly from time to time review a code and may revise and re-issue it following a review; and subsection (2) shall apply to a revised code.
(4) An order under subsection (2)—
(a) shall be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A person specified in subsection (2) may disclose information obtained or held in the course of his functions to a person specified in subsection (3) if he thinks that the information is likely to be of use for a purpose specified in—
(a) section 1 of the Security Service Act 1989 (c. 5), or
(b) section 1 or 3 of the Intelligence Services Act 1994 (c. 13).
(2) The persons who may disclose information in accordance with subsection (1) are—
(a) the Secretary of State in so far as he has functions under the Immigration Acts,
(b) a chief officer of police, and
(c) Her Majesty’s Revenue and Customs.
(3) The persons to whom information may be disclosed in accordance with subsection (1) are—
(a) the Director-General of the Security Service,
(b) the Chief of the Secret Intelligence Service, and
(c) the Director of the Government Communications Headquarters.
(4) The information referred to in subsection (1) is information—
(a) which is obtained or held in the exercise of a power specified by the Secretary of State and the Treasury jointly by order and relates to—
(i) passengers on a ship or aircraft,
(ii) crew of a ship or aircraft,
(iii) freight on a ship or aircraft, or
(iv) flights or voyages, or
(b) which relates to such other matters in respect of travel or freight as the Secretary of State and the Treasury may jointly specify by order.
(5) In subsection (2) “chief officer of police” means—
(a) in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996 (c. 16),
(b) in Scotland, the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77), and
(c) in Northern Ireland, the chief constable of the Police Service of Northern Ireland.
(6) An order under subsection (4) may not specify—
(a) a power of Her Majesty’s Revenue and Customs if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, or
(b) a matter to which that section applies.
(7) An order under this section—
(a) shall be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(8) This section has effect despite any restriction on the purposes for which information may be disclosed or used.
(1) A chief officer of police may disclose information obtained in accordance with section 32 or 33 to—
(a) the States of Jersey police force;
(b) the salaried police force of the Island of Guernsey;
(c) the Isle of Man constabulary;
(d) any other foreign law enforcement agency.
(2) In subsection (1) “foreign law enforcement agency” means a person outside the United Kingdom with functions similar to functions of—
(a) a police force in the United Kingdom, or
(b) the Serious Organised Crime Agency.
(3) In subsection (1) “chief officer of police” means—
(a) in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996,
(b) in Scotland, the chief constable of a police force maintained under the Police (Scotland) Act 1967, and
(c) in Northern Ireland, the chief constable of the Police Service of Northern Ireland.
(1) An authorised person may, in accordance with arrangements made under this section, search a searchable ship, aircraft, vehicle or other thing for the purpose of satisfying himself whether there are individuals whom an immigration officer might wish to examine under paragraph 2 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: administrative provisions).
(2) For the purposes of subsection (1)—
(a) “authorised” means authorised for the purpose of this section by the Secretary of State, and
(b) a ship, aircraft, vehicle or other thing is “searchable” if an immigration officer could search it under paragraph 1(5) of that Schedule.
(3) The Secretary of State may authorise a specified class of constable for the purpose of this section.
(4) The Secretary of State may, with the consent of the Commissioners for Her Majesty’s Revenue and Customs, authorise a specified class of officers of Revenue and Customs for the purpose of this section.
(5) The Secretary of State may authorise a person other than a constable or officer of Revenue and Customs for the purpose of this section only if—
(a) the person applies to be authorised, and
(b) the Secretary of State thinks that the person is—
(i) fit and proper for the purpose, and
(ii) suitably trained.
(6) The Secretary of State—
(a) may make arrangements for the exercise by authorised constables of the powers under subsection (1),
(b) may make arrangements with the Commissioners for Her Majesty’s Revenue and Customs for the exercise by authorised officers of Revenue and Customs of the powers under subsection (1), and
(c) may make arrangements with one or more persons for the exercise by authorised persons other than constables and officers of Revenue and Customs of the power under subsection (1).
(7) Where in the course of a search under this section an authorised person discovers an individual whom he thinks an immigration officer might wish to examine under paragraph 2 of that Schedule, the authorised person may—
(a) search the individual for the purpose of discovering whether he has with him anything of a kind that might be used—
(i) by him to cause physical harm to himself or another,
(ii) by him to assist his escape from detention, or
(iii) to establish information about his identity, nationality or citizenship or about his journey;
(b) retain, and as soon as is reasonably practicable deliver to an immigration officer, anything of a kind described in paragraph (a) found on a search under that paragraph;
(c) detain the individual, for a period which is as short as is reasonably necessary and which does not exceed three hours, pending the arrival of an immigration officer to whom the individual is to be delivered;
(d) take the individual, as speedily as is reasonably practicable, to a place for the purpose of delivering him to an immigration officer there;
(e) use reasonable force for the purpose of doing anything under paragraphs (a) to (d).
(8) Despite the generality of subsection (7)—
(a) an individual searched under that subsection may not be required to remove clothing other than an outer coat, a jacket or a glove (but he may be required to open his mouth), and
(b) an item may not be retained under subsection (7)(b) if it is subject to legal privilege—
(i) in relation to a search carried out in England and Wales, within the meaning of the Police and Criminal Evidence Act 1984 (c. 60),
(ii) in relation to a search carried out in Scotland, within the meaning of section 412 of the Proceeds of Crime Act 2002 (c. 29), and
(iii) in relation to a search carried out in Northern Ireland, within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
(1) Arrangements under section 40(6)(c) must include provision for the appointment of a Crown servant to—
(a) monitor the exercise of powers under that section by authorised persons (other than constables or officers of Revenue and Customs),
(b) inspect from time to time the way in which the powers are being exercised by authorised persons (other than constables or officers of Revenue and Customs), and
(c) investigate and report to the Secretary of State about any allegation made against an authorised person (other than a constable or officer of Revenue and Customs) in respect of anything done or not done in the purported exercise of a power under that section.
(2) The authorisation for the purpose of section 40 of a constable or officer of Revenue and Customs or of a class of constable or officer of Revenue and Customs—
(a) may be revoked, and
(b) shall have effect, unless revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation.
(3) The authorisation of a person other than a constable or officer of Revenue and Customs for the purpose of section 40—
(a) may be subject to conditions,
(b) may be suspended or revoked by the Secretary of State by notice in writing to the authorised person, and
(c) shall have effect, unless suspended or revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation.
(4) A class may be specified for the purposes of section 40(3) or (4) by reference to—
(a) named individuals,
(b) the functions being exercised by a person,
(c) the location or circumstances in which a person is exercising functions, or
(d) any other matter.
(5) An individual or article delivered to an immigration officer under section 40 shall be treated as if discovered by the immigration officer on a search under Schedule 2 to the Immigration Act 1971 (c. 77).
(6) A person commits an offence if he—
(a) absconds from detention under section 40(7)(c),
(b) absconds while being taken to a place under section 40(7)(d) or having been taken to a place in accordance with that paragraph but before being delivered to an immigration officer,
(c) obstructs an authorised person in the exercise of a power under section 40, or
(d) assaults an authorised person who is exercising a power under section 40.
(7) But a person does not commit an offence under subsection (6) by doing or failing to do anything in respect of an authorised person who is not readily identifiable—
(a) as a constable or officer of Revenue and Customs, or
(b) as an authorised person (whether by means of a uniform or badge or otherwise).
(8) A person guilty of an offence under subsection (6) shall be liable on summary conviction to—
(a) imprisonment for a term not exceeding 51 weeks, in the case of a conviction in England and Wales, or six months, in the case of a conviction in Scotland or Northern Ireland,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
(9) In relation to a conviction occurring before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in subsection (8)(a) to 51 weeks shall be treated as a reference to six months.
(1) Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be amended as follows.
(2) In paragraph 3(1) for the words from “and if he is not” to the end substitute— “and, if he is not a British citizen, for the purpose of establishing—
(a) his identity;
(b) whether he entered the United Kingdom lawfully;
(c) whether he has complied with any conditions of leave to enter or remain in the United Kingdom;
(d) whether his return to the United Kingdom is prohibited or restricted.
(1A) An immigration officer who examines a person under sub-paragraph (1) may require him, by notice in writing, to submit to further examination for a purpose specified in that sub-paragraph.”
(3) After paragraph 16(1A) insert—
“(1B) A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination.”
(4) In paragraph 21(1) after “16” insert “(1), (1A) or (2)”.
(1) In section 99(1) of the Immigration and Asylum Act 1999 (c. 33) (provision of support by local authorities)—
(a) for “asylum-seekers and their dependants (if any)” substitute “persons”, and
(b) after “section” insert “4,”.
(2) In section 99(4) (expenditure) after “section” insert “4,”.
(3) In section 118(1)(b) (housing authority accommodation) for “95” substitute “4, 95 or 98”.
(4) In the following provisions for “under Part VI of the Immigration and Asylum Act 1999” substitute “under section 4 or Part VI of the Immigration and Asylum Act 1999”—
(a) section 3A(7A) of the Protection from Eviction Act 1977 (c. 43) (excluded tenancies and licences),
(b) paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)) (non-secure tenancies),
(c) section 23A(5A) of the Rent (Scotland) Act 1984 (c. 58) (excluded tenancies and occupancy rights),
(d) paragraph 4A(1) of Schedule 1 to the Housing Act 1985 (c. 68) (non-secure tenancies),
(e) paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988 (c. 43) (non-assured tenancies), and
(f) paragraph 12A(1) of Schedule 1 to the Housing Act 1988 (c. 50) (non-assured tenancies).
(5) A tenancy is not a Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10) if it is granted in order to provide accommodation under section 4 of the Immigration and Asylum Act 1999 (accommodation).
(6) A tenancy which would be a Scottish secure tenancy but for subsection (4) becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to be regarded as such.
(7) At the end of section 4 of the Immigration and Asylum Act 1999 (c. 33) (accommodation) add—
“(10) The Secretary of State may make regulations permitting a person who is provided with accommodation under this section to be supplied also with services or facilities of a specified kind.
(11) Regulations under subsection (10)—
(a) may, in particular, permit a person to be supplied with a voucher which may be exchanged for goods or services,
(b) may not permit a person to be supplied with money,
(c) may restrict the extent or value of services or facilities to be provided, and
(d) may confer a discretion.”
(1) The Secretary of State may by order provide for paragraph 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (failed asylum-seeker with family: withdrawal of support) to cease to have effect.
(2) An order under subsection (1) shall also provide for the following to cease to have effect—
(a) section 9(1), (2) and (4) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (which insert paragraph 7A of Schedule 3 and make consequential provision), and
(b) in section 9(3)(a) and (b) of that Act, the words “other than paragraph 7A.”
(3) An order under subsection (1)—
(a) may include transitional provision,
(b) shall be made by statutory instrument, and
(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Section 13 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (integration loan for refugees) shall be amended as follows.
(2) In subsection (1) for “to refugees.” substitute “—
(a) to refugees, and
(b) to such other classes of person, or to persons other than refugees in such circumstances, as the regulations may prescribe.”
(3) In subsection (2)(b) for “granted him indefinite leave to enter or remain” substitute “granted him leave to enter or remain”.
(4) In subsection (3)(a)(iii) after “as a refugee” insert “or since some other event)”.
(5) In subsection (3)(h) for “refugee” substitute “person”.
(6) The heading to the section becomes “Integration loans for refugees and others”.
(1) For section 5A(5A) of the Prison Act 1952 (c. 52) (removal centres: inspection) substitute—
“(5A) Subsections (2) to (5) shall apply—
(a) in relation to removal centres within the meaning of section 147 of the Immigration and Asylum Act 1999 (c. 33),
(b) in relation to short-term holding facilities within the meaning of that section, and
(c) in relation to escort arrangements within the meaning of that section.
(5B) In their application by virtue of subsection (5A) subsections (2) to (5)—
(a) shall apply to centres, facilities and arrangements anywhere in the United Kingdom, and
(b) shall have effect—
(i) as if a reference to prisons were a reference to removal centres, short-term holding facilities and escort arrangements,
(ii) as if a reference to prisoners were a reference to detained persons and persons to whom escort arrangements apply, and
(iii) with any other necessary modifications.”
(2) In section 55 of that Act (extent)—
(a) omit subsection (4A), and
(b) after subsection (5) insert—
“(6) But (despite subsections (4) and (5)) the following shall extend to England and Wales, Scotland and Northern Ireland—
(a) section 5A(5A) and (5B), and
(b) section 5A(2) to (5) in so far as they apply by virtue of section 5A(5A).”
(1) Where a person’s leave to enter or remain in the United Kingdom is extended by section 3C(2)(b) or 3D(2)(a) of the Immigration Act 1971 (c. 77) (extension pending appeal), the Secretary of State may decide that the person is to be removed from the United Kingdom, in accordance with directions to be given by an immigration officer if and when the leave ends.
(2) Directions under this section may impose any requirements of a kind prescribed for the purpose of section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of persons unlawfully in United Kingdom).
(3) In relation to directions under this section, paragraphs 10, 11, 16 to 18, 21 and 22 to 24 of Schedule 2 to the Immigration Act 1971 (administrative provisions as to control of entry) apply as they apply in relation to directions under paragraph 8 of that Schedule.
(4) The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.
(5) A person shall not be liable to removal from the United Kingdom under this section at a time when section 7(1)(b) of the Immigration Act 1971 (Commonwealth and Irish citizens ordinarily resident in United Kingdom) would prevent a decision to deport him.
(6) In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of appeal: general) after paragraph (h) insert—
“(ha) a decision that a person is to be removed from the United Kingdom by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006 (removal: persons with statutorily extended leave),”.
(7) In section 92(2) of that Act (appeal from within United Kingdom) after “(f)” insert “, (ha)”.
(8) In section 94(1A) of that Act (appeal from within United Kingdom: unfounded claim) for “or (e)” substitute “(e) or (ha)”.
For section 10(8) of the Immigration and Asylum Act 1999 (c. 33) (removal directions: cancellation of leave to enter or remain in UK) substitute—
“(8) When a person is notified that a decision has been made to remove him in accordance with this section, the notification invalidates any leave to enter or remain in the United Kingdom previously given to him.”
After section 44 of the British Nationality Act 1981 (c. 61) (decisions involving discretion) insert—
Where a provision of this Act requires an applicant to be of full capacity, the Secretary of State may waive the requirement in respect of a specified applicant if he thinks it in the applicant’s best interests.”
Immigration, Asylum and Nationality Act 2006