(1) The Chief Inspector shall report in writing to the Secretary of State—
(a) once each calendar year, in relation to the performance of the functions under section 48 generally, and
(b) at other times as requested by the Secretary of State in relation to specified matters.
(2) The Secretary of State shall lay before Parliament a copy of any report received under subsection (1).
(3) But a copy may omit material if the Secretary of State thinks that its publication—
(a) is undesirable for reasons of national security, or
(b) might jeopardise an individual’s safety.
(1) The Chief Inspector shall prepare plans describing the objectives and terms of reference of proposed inspections.
(2) Plans shall be prepared—
(a) at prescribed times and in respect of prescribed periods, and
(b) at such other times, and in respect of such other periods, as the Chief Inspector thinks appropriate.
(3) A plan must—
(a) be in the prescribed form, and
(b) contain the prescribed information.
(4) In preparing a plan the Chief Inspector shall consult—
(a) the Secretary of State, and
(b) prescribed persons.
(5) As soon as is reasonably practicable after preparing a plan the Chief Inspector shall send a copy to—
(a) the Secretary of State, and
(b) each prescribed person.
(6) The Chief Inspector and a prescribed person may by agreement disapply a requirement—
(a) to consult the person, or
(b) to send a copy of a plan to the person.
(7) Nothing in this section prevents the Chief Inspector from doing anything not mentioned in a plan.
(1) The Chief Inspector shall cooperate with prescribed persons in so far as the Chief Inspector thinks it consistent with the efficient and effective performance of the functions under section 48.
(2) The Chief Inspector may act jointly with prescribed persons where the Chief Inspector thinks it in the interests of the efficient and effective performance of the functions under section 48.
(3) The Chief Inspector may assist a prescribed person.
(4) The Chief Inspector may delegate a specified aspect of the functions under section 48 to a prescribed person.
(1) Subsection (2) applies if the Chief Inspector believes that—
(a) a prescribed person proposes to inspect any aspect of the work of the Border and Immigration Agency, and
(b) the inspection may impose an unreasonable burden on the Agency.
(2) The Chief Inspector may give the prescribed person a notice prohibiting a specified inspection.
(3) The prescribed person shall comply with the notice, unless the Secretary of State cancels it on the grounds that the inspection would not impose an unreasonable burden on the Agency.
(4) A notice must—
(a) be in the prescribed form, and
(b) contain the prescribed information.
(5) The Secretary of State may by order make provision about—
(a) the timing of notices;
(b) the publication of notices;
(c) the revision or withdrawal of notices.
The following shall cease to have effect—
(a) section 19E of the Race Relations Act 1976 (c. 74) (monitor of immigration exception),
(b) section 34 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (Monitor of Accommodation Centres),
(c) section 111 of that Act (monitor of certification of claims as unfounded), and
(d) section 142 of that Act (Advisory Panel on Country Information).
(1) In sections 48 to 53 “prescribed” means prescribed by order of the Secretary of State.
(2) An order under any of those sections—
(a) may make provision generally or only for specified purposes,
(b) may make different provision for different purposes, and
(c) may include incidental or transitional provision.
(3) An order under any of those sections prescribing a person may specify—
(a) one or more persons, or
(b) a class of person.
(4) An order under any of those sections—
(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) At the end of section 43(3) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (report by Senior President of Tribunals) add— “, and
(e) cases coming before the Asylum and Immigration Tribunal.”
(2) In exercising the function under section 43 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) the Senior President of Tribunals shall have regard to—
(a) the functions of the Chief Inspector of the Border and Immigration Agency, and
(b) in particular, the Secretary of State’s power to request the Chief Inspector to report about specified matters.
The following shall be paid out of money provided by Parliament—
(a) any expenditure of a Minister of the Crown in consequence of this Act, and
(b) any increase attributable to this Act in sums payable out of money provided by Parliament under another enactment.
The enactments listed in the Schedule are repealed to the extent specified.
(1) Section 17 comes into force on the day on which this Act is passed.
(2) The other preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.
(3) An order—
(a) may make provision generally or only for specified purposes,
(b) may make different provision for different purposes, and
(c) may include incidental, consequential or transitional provision.
(4) In particular, transitional provision—
(a) in the case of an order commencing section 16, may permit the adding of a condition to leave given before the passing of this Act;
(b) in the case of an order commencing section 25, may permit an order to be made in proceedings instituted before the passing of this Act;
(c) in the case of an order commencing section 26, may permit an order or regulations to have effect in relation to property which came into the possession of an immigration officer or the Secretary of State before the passing of this Act;
(d) in the case of an order commencing section 32—
(i) may provide for the section to apply to persons convicted before the passing of this Act who are in custody at the time of commencement or whose sentences are suspended at the time of commencement;
(ii) may modify the application of the section in relation to those persons so as to disapply, or apply only to a specified extent, Condition 2.
(5) An order shall be made by statutory instrument.
(1) Sections 1 to 4, 25 and 31(1) and (2) extend to—
(a) England and Wales, and
(b) Northern Ireland.
(2) Other provisions of this Act extend (subject to subsection (3)) to—
(a) England and Wales,
(b) Scotland, and
(c) Northern Ireland.
(3) A provision of this Act which amends another Act shall (subject to subsection (1)) have the same extent as the relevant part of the amended Act (ignoring extent by virtue of an Order in Council).
(4) Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—
(a) any of the Channel Islands;
(b) the Isle of Man.
(1) This Act may be cited as the UK Borders Act 2007.
(2) A reference (in any enactment, including one passed or made before this Act) to “the Immigration Acts” is to—
(a) the Immigration Act 1971 (c. 77),
(b) the Immigration Act 1988 (c. 14),
(c) the Asylum and Immigration Appeals Act 1993 (c. 23),
(d) the Asylum and Immigration Act 1996 (c. 49),
(e) the Immigration and Asylum Act 1999 (c. 33),
(f) the Nationality, Immigration and Asylum Act 2002 (c. 41),
(g) the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19),
(h) the Immigration, Asylum and Nationality Act 2006 (c. 13), and
(i) this Act.
(3) Section 64(2) of the Immigration, Asylum and Nationality Act 2006 (meaning of “Immigration Acts”) shall cease to have effect.
(4) In the definition of “The Immigration Acts” in Schedule 1 to the Interpretation Act 1978 (c. 30) (defined expressions) for “section 64 of the Immigration, Asylum and Nationality Act 2006” substitute “section 61 of the UK Borders Act 2007”.