(1) A person (P) who is given a penalty notice under section 9(1) may appeal to—
(a) a county court, in England and Wales or Northern Ireland, or
(b) the sheriff, in Scotland.
(2) An appeal may be brought on the grounds—
(a) that P has not failed to comply with a requirement of regulations under section 5(1),
(b) that it is unreasonable to require P to pay a penalty, or
(c) that the amount of the penalty is excessive.
(3) The court or sheriff may—
(a) cancel the penalty notice,
(b) reduce the penalty by varying the penalty notice,
(c) increase the penalty by varying the penalty notice (whether because the court or sheriff thinks the original amount insufficient or because the court or sheriff thinks that the appeal should not have been brought), or
(d) confirm the penalty notice.
(4) An appeal may be brought—
(a) whether or not P has given a notice of objection, and
(b) irrespective of the Secretary of State’s decision on any notice of objection.
(5) The court or sheriff may consider matters of which the Secretary of State was not and could not have been aware before giving the penalty notice.
(6) Rules of court may make provision about the timing of an appeal under this section.
(1) Where a penalty has not been paid before the date specified in the penalty notice in accordance with section 9(2)(b), it may be recovered as a debt due to the Secretary of State.
(2) Where a notice of objection is given in respect of a penalty notice, the Secretary of State may not take steps to enforce the penalty notice before—
(a) deciding what to do in response to the notice of objection, and
(b) informing the objector.
(3) The Secretary of State may not take steps to enforce a penalty notice while an appeal under section 11—
(a) could be brought (disregarding any possibility of an appeal out of time with permission), or
(b) has been brought and has not been determined or abandoned.
(4) In proceedings for the recovery of a penalty no question may be raised as to the matters specified in sections 10 and 11 as grounds for objection or appeal.
(5) Money received by the Secretary of State in respect of a penalty shall be paid into the Consolidated Fund.
(1) The Secretary of State shall issue a code of practice setting out the matters to be considered in determining—
(a) whether to give a penalty notice under section 9(1), and
(b) the amount of a penalty.
(2) The code may, in particular, require the Secretary of State to consider any decision taken by virtue of section 7.
(3) A court or the sheriff shall, when considering an appeal under section 11, have regard to the code.
(4) The Secretary of State may revise and re-issue the code.
(5) Before issuing or re-issuing the code the Secretary of State must—
(a) publish proposals,
(b) consult members of the public, and
(c) lay a draft before Parliament.
(6) The code (or re-issued code) shall come into force at the prescribed time.
(1) In sections 10 to 13 “prescribed” means prescribed by the Secretary of State by order.
(2) An order under subsection (1) or under section 9(6)—
(a) may make provision generally or only for specified purposes,
(b) may make different provision for different purposes,
(c) shall be made by statutory instrument, and
(d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) But the first order under section 13(6) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and shall not be subject to annulment).
(1) For the purposes of section 5—
(a) “person subject to immigration control” means a person who under the Immigration Act 1971 (c. 77) requires leave to enter or remain in the United Kingdom (whether or not such leave has been given),
(b) “biometric information” means information about external physical characteristics,
(c) “external physical characteristics” includes, in particular—
(i) fingerprints, and
(ii) features of the iris or any other part of the eye,
(d) “document” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods),
(e) “authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (c. 33) (authority to take fingerprints),
(f) “immigration” includes asylum, and
(g) regulations permitting something to be done by the Secretary of State may (but need not) permit it to be done only where the Secretary of State is of a specified opinion.
(2) An application for a biometric immigration document is an application in connection with immigration for the purposes of—
(a) section 50(1) and (2) of the Immigration, Asylum and Nationality Act 2006 (c. 13) (procedure), and
(b) section 51 of that Act (fees);
and in the application of either of those sections to an application for a biometric immigration document, the prescribed consequences of non-compliance may include any of the consequences specified in section 7(2) above.
After section 3(1)(c)(iii) of the Immigration Act 1971 (limited leave to enter or remain: conditions) insert—
“(iv) a condition requiring him to report to an immigration officer or the Secretary of State; and
(v) a condition about residence.”
(1) This section applies for the purposes of—
(a) Part 6 (and section 4) of the Immigration and Asylum Act 1999 (support and accommodation for asylum-seekers),
(b) Part 2 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (accommodation centres), and
(c) Schedule 3 to that Act (withholding and withdrawal of support).
(2) A person (A-S) remains (or again becomes) an asylum-seeker, despite the fact that the claim for asylum made by A-S has been determined, during any period when—
(a) A-S can bring an in-country appeal against an immigration decision under section 82 of the 2002 Act or section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68), or
(b) an in-country appeal, brought by A-S under either of those sections against an immigration decision, is pending (within the meaning of section 104 of the 2002 Act).
(3) For the purposes of subsection (2)—
(a) “in-country” appeal means an appeal brought while the appellant is in the United Kingdom, and
(b) the possibility of an appeal out of time with permission shall be ignored.
(4) For the purposes of the provisions mentioned in subsection (1)(a) and (b), a person’s status as an asylum-seeker by virtue of subsection (2)(b) continues for a prescribed period after the appeal ceases to be pending.
(5) In subsection (4) “prescribed” means prescribed by regulations made by the Secretary of State; and the regulations—
(a) may contain incidental or transitional provision,
(b) may make different provision for different classes of case,
(c) shall be made by statutory instrument, and
(d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) This section shall be treated as always having had effect.
In Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers) after section 109 (offences: supplemental) insert—
An immigration officer may arrest without warrant a person whom the immigration officer reasonably suspects has committed an offence under section 105 or 106.
(1) An offence under section 105 or 106 shall be treated as—
(a) a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971, and
(b) an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act.
(2) The following provisions of the Immigration Act 1971 (c. 77) shall have effect in connection with an offence under section 105 or 106 of this Act as they have effect in connection with an offence under that Act—
(a) section 28I (seized material: access and copying),
(b) section 28J (search warrants: safeguards),
(c) section 28K (execution of warrants), and
(d) section 28L(1) (interpretation).”
(1) For section 85(5) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal: new evidence may be considered: exception) substitute—
“(5) But subsection (4) is subject to the exceptions in section 85A.”
(2) After section 85 of that Act insert—
(1) This section sets out the exceptions mentioned in section 85(5).
(2) Exception 1 is that in relation to an appeal under section 82(1) against an immigration decision of a kind specified in section 82(2)(b) or (c) the Tribunal may consider only the circumstances appertaining at the time of the decision.
(3) Exception 2 applies to an appeal under section 82(1) if—
(a) the appeal is against an immigration decision of a kind specified in section 82(2)(a) or (d),
(b) the immigration decision concerned an application of a kind identified in immigration rules as requiring to be considered under a “Points Based System”, and
(c) the appeal relies wholly or partly on grounds specified in section 84(1)(a), (e) or (f).
(4) Where Exception 2 applies the Tribunal may consider evidence adduced by the appellant only if it—
(a) was submitted in support of, and at the time of making, the application to which the immigration decision related,
(b) relates to the appeal in so far as it relies on grounds other than those specified in subsection (3)(c),
(c) is adduced to prove that a document is genuine or valid, or
(d) is adduced in connection with the Secretary of State’s reliance on a discretion under immigration rules, or compliance with a requirement of immigration rules, to refuse an application on grounds not related to the acquisition of “points” under the “Points Based System”.”
(3) In section 106(2) of that Act after paragraph (u) insert—
“(ua) may make provision, for the purposes of section 85A(4)(a), about the circumstances in which evidence is to be treated, or not treated, as submitted in support of, and at the time of making, an application;”.
(1) Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (fees: power to set amount in excess of costs) is amended as follows.
(2) In subsection (2) after paragraph (d) insert—
“(da) an application or process in connection with sponsorship of persons seeking leave to enter or remain in the United Kingdom,”.
(3) After that subsection insert—
“(2A) Regulations under section 51(3) of the Immigration, Asylum and Nationality Act 2006, specifying the amount of a fee for a claim, application, service, process or other matter in respect of which an order has been made under section 51(1) or (2), may specify an amount which reflects (in addition to any costs referable to the claim, application, service, process or other matter) costs referable to—
(a) any other claim, application, service, process or matter in respect of which the Secretary of State has made an order under section 51(1) or (2),
(b) the determination of applications for entry clearances (within the meaning given by section 33(1) of the Immigration Act 1971),
(c) the determination of applications for transit visas under section 41 of the Immigration and Asylum Act 1999, or
(d) the determination of applications for certificates of entitlement to the right of abode in the United Kingdom under section 10 of the Nationality, Immigration and Asylum Act 2002.”
(4) After subsection (3) insert—
“(3A) The amount of a fee under section 1 of the Consular Fees Act 1980 in respect of a matter specified in subsection (2A)(b) to (d) above may be set so as to reflect costs referable to any claim, application, service, process or other matter in respect of which the Secretary of State has made an order under section 51(1) or (2) of the Immigration, Asylum and Nationality Act 2006.”
(1) The Secretary of State shall issue a code of practice designed to ensure that in exercising functions in the United Kingdom the Border and Immigration Agency takes appropriate steps to ensure that while children are in the United Kingdom they are safe from harm.
(2) The Agency shall—
(a) have regard to the code in the exercise of its functions, and
(b) take appropriate steps to ensure that persons with whom it makes arrangements for the provision of services have regard to the code.
(3) The code shall come into force in accordance with provision made by order of the Secretary of State; and an order—
(a) shall be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) The Secretary of State shall from time to time review and, if necessary, revise the code; and subsection (3) applies to a revision as to the original code.
(5) In this section—
(a) “the Border and Immigration Agency” means—
(i) immigration officers, and
(ii) other officials of the Secretary of State, and the Secretary of State, in respect of functions relating to immigration, asylum or nationality, and
(b) “child” means an individual who is less than 18 years old.
(1) A person who assaults an immigration officer commits an offence.
(2) A person guilty of an offence under this section shall be liable on summary conviction to—
(a) imprisonment for a period not exceeding 51 weeks,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
(3) In the application of this section to Northern Ireland the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to 6 months.
(4) In the application of this section to Scotland the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to 12 months.
(5) In relation to an offence committed 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 (2)(a) to 51 weeks shall be treated as a reference to 6 months.
(1) An immigration officer may arrest a person without warrant if the officer reasonably suspects that the person has committed or is about to commit an offence under section 22.
(2) An offence under section 22 shall be treated as—
(a) a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (c. 77) (search, entry and arrest), and
(b) an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act.
(3) The following provisions of the Immigration Act 1971 shall have effect in connection with an offence under section 22 of this Act as they have effect in connection with an offence under that Act—
(a) section 28I (seized material: access and copying),
(b) section 28J (search warrants: safeguards),
(c) section 28K (execution of warrants), and
(d) section 28L(1) (interpretation).
(1) Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash) shall apply in relation to an immigration officer as it applies in relation to a constable.
(2) For that purpose—
(a) “unlawful conduct”, in or in relation to section 289, means an offence under the Immigration Acts,
(b) “unlawful conduct”, in or in relation to other provisions, means an offence—
(i) under the Immigration Acts, or
(ii) listed in section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19),
(c) “senior officer” in section 290 means an official of the Secretary of State who is a civil servant of the rank of at least Assistant Director,
(d) in section 292 the words “(in relation to England and Wales and Northern Ireland)” shall be disregarded,
(e) section 293 shall not apply,
(f) an application for an order under section 295(2) must be made—
(i) in relation to England and Wales or Northern Ireland, by an immigration officer, and
(ii) in relation to Scotland, by the Scottish Ministers in connection with their functions under section 298 or by a procurator fiscal,
(g) an application for forfeiture under section 298 must be made—
(i) in relation to England and Wales or Northern Ireland, by an immigration officer, and
(ii) in relation to Scotland, by the Scottish Ministers, and
(h) any compensation under section 302 shall be paid by the Secretary of State.
(3) The Secretary of State may by order amend subsection (2)(c) to reflect a change in nomenclature; and an order—
(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 court making a forfeiture order about property may order that the property be taken into the possession of the Secretary of State (and not of the police).
(2) An order may be made under subsection (1) only if the court thinks that the offence in connection with which the order is made—
(a) related to immigration or asylum, or
(b) was committed for a purpose connected with immigration or asylum.
(3) In subsection (1) “forfeiture order” means an order under—
(a) section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), or
(b) Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)).
(1) In this section “property” means property which—
(a) has come into the possession of an immigration officer, or
(b) has come into the possession of the Secretary of State in the course of, or in connection with, a function under the Immigration Acts.
(2) A magistrates' court may, on the application of the Secretary of State or a claimant of property—
(a) order the delivery of property to the person appearing to the court to be its owner, or
(b) if its owner cannot be ascertained, make any other order about property.
(3) An order shall not affect the right of any person to take legal proceedings for the recovery of the property, provided that the proceedings are instituted within the period of six months beginning with the date of the order.
(4) An order may be made in respect of property forfeited under section 25, or under section 25C of the Immigration Act 1971 (c. 77) (vehicles, &c.), only if—
(a) the application under subsection (2) above is made within the period of six months beginning with the date of the forfeiture order, and
(b) the applicant (if not the Secretary of State) satisfies the court—
(i) that the applicant did not consent to the offender’s possession of the property, or
(ii) that the applicant did not know and had no reason to suspect that the property was likely to be used, or was intended to be used, in connection with an offence.
(5) The Secretary of State may make regulations for the disposal of property—
(a) where the owner has not been ascertained,
(b) where an order under subsection (2) cannot be made because of subsection (4)(a), or
(c) where a court has declined to make an order under subsection (2) on the grounds that the court is not satisfied of the matters specified in subsection (4)(b).
(6) The regulations may make provision that is the same as or similar to provision that may be made by regulations under section 2 of the Police (Property) Act 1897 (c. 30) (or any similar enactment applying in relation to Scotland or Northern Ireland); and the regulations—
(a) may apply, with or without modifications, regulations under that Act,
(b) may, in particular, provide for property to vest in the Secretary of State,
(c) may make provision about the timing of disposal (which, in particular, may differ from provision made by or under the Police (Property) Act 1897),
(d) shall have effect only in so far as not inconsistent with an order of a court (whether or not under subsection (2) above),
(e) shall be made by statutory instrument, and
(f) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) For the purposes of subsection (1) it is immaterial whether property is acquired as a result of forfeiture or seizure or in any other way.
(8) In the application of this section to Scotland a reference to a magistrates' court is a reference to the sheriff.
In section 28AA of the Immigration Act 1971 (c. 77) (arrest with warrant) for subsection (1)(b) substitute—
“(b) section 21(1) of the Immigration, Asylum and Nationality Act 2006.”
In section 28FA(7) of the Immigration Act 1971 (enforcement: search for personnel records) for “an offence under section 8 of the Asylum and Immigration Act 1996 (c. 49)” substitute “an offence under section 21 of the Immigration, Asylum and Nationality Act 2006”.
In section 25A(1)(a) of the Immigration Act 1971 (helping asylum seeker to enter UK: offence) after “the arrival in” insert “, or the entry into,”.
(1) For section 25(4) and (5) of the Immigration Act 1971 (assisting unlawful immigration: territorial application) substitute—
“(4) Subsection (1) applies to things done whether inside or outside the United Kingdom.”
(2) In sections 25A(4) and 25B(4) (facilitation: asylum-seekers and deportees) for “Subsections (4) to (6)” substitute “Subsections (4) and (6)”.
(1) In section 4(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking) after “the arrival in” insert “, or the entry into,”.
(2) For section 5(1) and (2) of that Act (trafficking: extent) substitute—
“(1) Subsections (1) to (3) of section 4 apply to anything done whether inside or outside the United Kingdom.”
(3) In section 57(1) of the Sexual Offences Act 2003 (c. 42) (trafficking) after “the arrival in” insert “, or the entry into,”.
(4) For sections 60(2) and (3) of that Act (trafficking: extent) substitute—
“(2) Sections 57 to 59 apply to anything done whether inside or outside the United Kingdom.”
(1) In this section “foreign criminal” means a person—
(a) who is not a British citizen,
(b) who is convicted in the United Kingdom of an offence, and
(c) to whom Condition 1 or 2 applies.
(2) Condition 1 is that the person is sentenced to a period of imprisonment of at least 12 months.
(3) Condition 2 is that—
(a) the offence is specified by order of the Secretary of State under section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (serious criminal), and
(b) the person is sentenced to a period of imprisonment.
(4) For the purpose of section 3(5)(a) of the Immigration Act 1971 (c. 77), the deportation of a foreign criminal is conducive to the public good.
(5) The Secretary of State must make a deportation order in respect of a foreign criminal (subject to section 33).
(6) The Secretary of State may not revoke a deportation order made in accordance with subsection (5) unless—
(a) he thinks that an exception under section 33 applies,
(b) the application for revocation is made while the foreign criminal is outside the United Kingdom, or
(c) section 34(4) applies.
(7) Subsection (5) does not create a private right of action in respect of consequences of non-compliance by the Secretary of State.