Legalize / United Kingdom / Public General Act

Immigration and Asylum Act 1999

Type Public General Act

Publication 1999-11-11

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) Subsections (3) to (7) of section 91 shall have effect for the purposes of this section as they have effect for the purposes of that section.

(5) An information relating to an offence under this section may in England and Wales be tried by a magistrates' court if—

(a) it is laid within the period of six months beginning with the date (or first date) on which the offence is alleged to have been committed, or

(b) it is laid—

(i) within the period of two years beginning with that date, and

(ii) within the period of six months beginning with a date certified by the Immigration Services Commissioner as the date on which the commission of the offence came to his notice.

(6) In Scotland, proceedings for an offence under this section may be commenced—

(a) at any time within the period of six months beginning with the date (or first date) on which the offence is alleged to have been committed, or

(b) at any time within both—

(i) the period of two years beginning with that date, and

(ii) the period of six months beginning with a date specified, in a certificate signed by or on behalf of the procurator fiscal, as the date on which evidence sufficient in his opinion to warrant such proceedings came to his knowledge,

and any such certificate purporting to be so signed shall be deemed so signed unless the contrary is proved and be conclusive as to the facts stated in it.

(7) Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (date on which proceedings are deemed commenced) has effect to the purposes of subsection (6) as it has effect for the purposes of that section.

(8) A complaint charging the commission of an offence under this section may in Northern Ireland be heard and determined by a magistrates' court if—

(a) it is made within the period of six months beginning with the date (or first date) on which the offence is alleged to have been committed, or

(b) it is made—

(i) within the period of two years beginning with that date, and

(ii) within the period of six months beginning with a date certified by the Immigration Services Commissioner as the date on which the commission of the offence came to his notice.

Grants to voluntary organisations.

Notice of marriage.

Power to require evidence.

24A

(1) Subsection (3) applies if—

(a) a registration authority to whom a notice of proposed civil partnership has been given under section 8 of the Civil Partnership Act 2004,

(aa) a registration authority that receives information in advance of a person giving such a notice,

(b) any person who, under section 8 of the 2004 Act, has attested a declaration accompanying such a notice,

(c) a district registrar to whom a notice of proposed civil partnership has been given under section 88 of the 2004 Act, ...

(ca) a district registrar who receives information in advance of a person giving such a notice,

(d) a registrar to whom a civil partnership notice has been given under section 139 of the 2004 Act, or

(da) a registrar who receives information in advance of a person giving such a notice,

has reasonable grounds for suspecting that the civil partnership will be a sham civil partnership.

(2) Subsection (3) also applies if—

(a) two people register as civil partners of each other under Part 2, 3 or 4 of the 2004 Act in the presence of the registrar, and

(b) before, during or immediately after they do so, the registrar has reasonable grounds for suspecting that the civil partnership will be, or is, a sham civil partnership.

(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 Secretary of State;

(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) A civil partnership (whether or not it is void) is a “sham civil partnership” if—

(a) either, or both, of the parties to the civil partnership is not a relevant national,

(b) there is no genuine relationship between the parties to the civil partnership, and

(c) either, or both, of the parties to the civil partnership enter into the civil partnership for one or more of these purposes—

(i) avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules;

(ii) enabling a party to the civil partnership to obtain a right conferred by that law or those rules to reside in the United Kingdom.

(5A) In subsection (5)—

“relevant national” means—a British citizen, an Irish citizen; or a person who is not an Irish citizen and who—has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, oris an applicant for the purposes of regulation 4 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired.......

(6) “The registrar” means—

(a) in relation to England and Wales, the civil partnership registrar acting under Part 2 of the 2004 Act;

(b) in relation to Scotland, the authorised registrar acting under Part 3 of the 2004 Act;

153A

A detained person does not qualify for the national minimum wage in respect of work which he does in pursuance of removal centre rules.

109A

An immigration officer may arrest without warrant a person whom the immigration officer reasonably suspects has committed an offence under section 105 or 106.

109B

(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),

(d) section 28L(1) (interpretation).

Grants to voluntary organisations.

Refusal to issue certificate.

86A

(1) “Designated qualifying regulator” means a body which is a qualifying regulator and is listed in subsection (2).

(2) The listed bodies are—

(a) the Law Society;

(b) the Institute of Legal Executives;

(3) The Secretary of State may by order remove a body from the list in subsection (2) if the Secretary of State considers that the body has failed to provide effective regulation of relevant authorised persons in their provision of immigration advice or immigration services.

(4) If a designated qualifying regulator asks the Secretary of State to amend subsection (2) so as to remove its name, the Secretary of State may by order do so.

(5) Where, at a time when a body is listed in subsection (2), the body ceases to be a qualifying regulator by virtue of paragraph 8(1)(a) of Schedule 18 to the Legal Services Act 2007 (loss of approved regulator status), the Secretary of State must, by order, remove it from the list.

(6) If the Secretary of State considers that a body which—

(a) is a qualifying regulator,

(b) is not a designated qualifying regulator, and

(c) is capable of providing effective regulation of relevant authorised persons in their provision of immigration advice or immigration services,

ought to be designated, the Secretary of State may, by order, amend the list in subsection (2) to include the name of that body.

(7) If the Secretary of State is proposing to act under subsection (3) or (6), the Secretary of State must, before doing so, consult the Commissioner.

(8) If the Secretary of State is proposing to act under subsection (3), the Secretary of State must, before doing so, also —

(a) notify the body concerned of the proposal and give it a reasonable period within which to make representations, and

(b) consider any representations duly made.

(9) An order under subsection (3) or (6) requires the approval of the Lord Chancellor.

(10) If the Legal Services Board considers that a designated qualifying regulator is failing to provide effective regulation of relevant authorised persons in their provision of immigration advice or immigration services, the Legal Services Board must make a report to this effect to—

(a) the Secretary of State, and

(b) the Lord Chancellor.

(11) In this section—

“qualifying regulator” means a body which is a qualifying regulator for the purposes of this Part of this Act by virtue of Part 1 of Schedule 18 to the Legal Services Act 2007 (approved regulators approved by the Legal Services Board in relation to immigration matters);

“relevant authorised persons”, in relation to a designated qualifying regulator, means persons who are authorised by the designated qualifying regulator to provide immigration advice or immigration services.

Contracted out functions at directly managed removal centres.

Institution of proceedings.

Expenditure and receipts.

144A

(1) Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to—

(a) fingerprints taken by virtue of section 141, and

(b) biometric information taken by virtue of regulations under section 144,

as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.

(2) Regulations made by virtue of subsection (1)(a) must require fingerprints taken from a person (“F”) by virtue of section 141(7)(f) to be destroyed when fingerprints taken from the person of whose family F is a member or whose dependant F is are destroyed.

(3) Regulations made by virtue of subsection (1)(b) must make equivalent provision in relation to biometric information taken by virtue of any provision of regulations under section 144 which is equivalent to section 141(7)(f).

157A

(1) The following provisions of this Part apply to pre-departure accommodation as they apply to removal centres—

(a) section 149 (contracting out of certain removal centres);

(b) section 150 (contracting out functions at directly managed removal centres);

(2) In the application of those provisions to pre-departure accommodation—

(a) references to a removal centre contract are to be read as a contract made under section 149(1) for the provision or running of pre-departure accommodation;

(b) references to a contracted out removal centre are to be read as references to pre-departure accommodation in relation to which a contract under section 149(1) is in force;

(c) references to a directly managed removal centre are to be read as references to pre-departure accommodation in relation to which there is no contract under section 149(1) in force;

(d) references to removal centre rules are to be read as references to rules made under subsection (4).

(3) The Secretary of State may by regulations extend to pre-departure accommodation any other provision made by or under this Part in relation to removal centres.

(4) The Secretary of State may make rules for the regulation and management of pre-departure accommodation.

Inspections

4A

The Commissioner may carry out inspections of the activities and businesses of registered persons.

Power of entry and inspection

10A

(1) On an application made by the Commissioner a justice of the peace (or in Scotland, the sheriff) may issue a warrant authorising the Commissioner to enter premises.

(2) A justice of the peace or sheriff may issue a warrant in respect of premises if satisfied that there are reasonable grounds for believing that—

(a) the premises are being used, or have been used, in connection with the provision of immigration advice or immigration services by a registered person,

(b) entry to the premises is reasonably required for the exercise of any of the Commissioner's functions, and

(3) The Commissioner may enter premises by virtue of this paragraph only at a reasonable hour.

(4) Where the Commissioner enters premises by virtue of this paragraph the Commissioner may—

(a) take onto the premises any equipment that appears to the Commissioner to be necessary;

(b) require any person on the premises to produce any relevant document and, if the document is produced, to provide any explanation of it;

(c) require any person on the premises to state, to the best of the person's knowledge and belief, where any relevant document is to be found;

(d) take copies of, or extracts from, any relevant document on the premises which is produced;

(e) require any relevant information which is held in a computer and is accessible from the premises to be produced in a form—

(i) in which it can be taken away; and

(ii) in which it is visible and legible.

(5) For the purposes of sub-paragraph (4), a document or information is “relevant” if the document or information relates to any matter connected with the provision of immigration advice or immigration services.

(6) The powers conferred on the Commissioner by sub-paragraphs (1) to (5) may also be exercised by—

(a) a member of the Commissioner's staff authorised by the Commissioner in writing, and

(b) if the Commissioner so determines, a person appointed by the Commissioner to make a report on the provision of immigration advice or immigration services from the premises in question.

(7) If a registered person fails without reasonable excuse to allow access under this paragraph to any premises under the person's occupation or control, the Commissioner may cancel the person's registration.

(8) The Commissioner may also cancel the registration of a registered person who—

(a) without reasonable excuse fails to comply with a requirement imposed under sub-paragraph (4);

(b) intentionally delays or obstructs any person exercising functions under this paragraph; or

(c) fails to take reasonable steps to prevent an employee of the registered person from obstructing any person exercising such functions.

(9) In this paragraph “premises” includes premises used wholly or partly as a dwelling.

Further provision for the cancellation of registration

4A

The Commissioner must cancel a person's registration if—

(a) the person asks for it to be cancelled;

(b) the person dies (in a case where the person is an individual) or is dissolved or wound up (in any other case);

(d) under section 89(2A)(b) the First-tier Tribunal directs the Commissioner to cancel the person's registration; or

(e) the Commissioner considers that the person is no longer competent or is otherwise unfit to provide immigration advice or immigration services.

Suspension of registration

4B

(1) The First-tier Tribunal may, on an application made to it by the Commissioner, suspend a person's registration if the person is for the time being charged with—

(a) an offence involving dishonesty or deception;

(b) an indictable offence; or

(2) The suspension of the person's registration ceases to have effect if one of these occurs—

(a) the person is acquitted of the offence;

(b) the charge is withdrawn;

(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore.

(3) If the person is convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act, the suspension of the person's registration continues to have effect until the Commissioner cancels the person's registration (as required by paragraph 4A(c)).

(4) If the person is convicted of any other offence within sub-paragraph (1)—

(a) the Commissioner must as soon as reasonably practicable consider whether the person is no longer competent or is otherwise unfit to provide immigration advice or immigration services (so that the person's registration must be cancelled under paragraph 4A(e));

(b) the suspension of the person's registration continues to have effect until the Commissioner either cancels the person's registration, or decides that the person is competent and otherwise fit to provide immigration advice and immigration services.

(5) A person whose registration is suspended is not to be treated as a registered person for the purposes of section 84 (but is to be treated as a registered person for the purposes of the other provisions of this Part).

(6) Where a person's registration is suspended the Commissioner must as soon as reasonably practicable record the suspension in the register.

(7) Where a suspension ceases to have effect (and the person's registration is not cancelled) the Commissioner must as soon as reasonably practicable remove the record of the suspension from the register.

20A

(1) This section applies to a nationality document which the Secretary of State has reasonable grounds for believing is lawfully in the possession of a person listed in Schedule A1.

(2) The Secretary of State may direct the person to supply the document to the Secretary of State if the Secretary of State suspects that—

(a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

(b) the document may facilitate the removal.

(3) A person to whom a direction is given must, as soon as is practicable, supply the document to the Secretary of State.

(4) If the document was originally created in hard copy form and the person possesses the original document, it must be supplied to the Secretary of State unless it is required by the person for the performance of any of the person's functions.

(5) If the original document is required by the person for the performance of any of the person's functions—

(a) the person must, as soon as is practicable, supply a copy of the document to the Secretary of State, and

(b) if subsequently the person no longer requires the original document, the person must supply it to the Secretary of State as soon as is practicable after it is no longer required.

(6) Subsection (5)(b) does not apply if the Secretary of State notifies the person that the original document is no longer required.

(7) If subsection (5) applies the person may make a copy of the original document before supplying it to the Secretary of State.

(8) The Secretary of State may retain a nationality document supplied under this section while the Secretary of State suspects that—

(a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

(b) retention of the document may facilitate the removal.

(9) Subsection (8) does not affect any other power of the Secretary of State to retain a document.

(10) The Secretary of State may dispose of a nationality document supplied under this section in such manner as the Secretary of State thinks appropriate.

(11) Nothing in this section authorises or requires a document to be supplied if to do so would contravene a restriction on the disclosure of information (however imposed).

(12) The Secretary of State may by regulations amend Schedule A1 so as to add, modify or remove a reference to a person or description of person.

(13) Regulations under subsection (12) may not amend Schedule A1 so as to apply this section to—

(a) either House of Parliament or a person exercising functions in connection with proceedings in Parliament,

(b) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament,

(d) the Northern Ireland Assembly or a person exercising functions in connection with proceedings in that Assembly.

(14) In this section “nationality document” means a document which might—

(a) establish a person's identity, nationality or citizenship, or

(b) indicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.

SCHEDULE A1

Law enforcement

1

The chief officer of police for a police area in England and Wales.

2

The chief constable of the Police Service of Scotland.

3

The Chief Constable of the Police Service of Northern Ireland.

4

The Chief Constable of the British Transport Police Force.

5

A Port Police Force established under an order made under section 14 of the Harbours Act 1964.

6

The Port Police Force established under Part 10 of the Port of London Act 1968.

7

A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.

8

The National Crime Agency.

Local government

9

A county council or district council in England.

10

A London borough council.

11

The Greater London Authority.

12

The Common Council of the City of London in its capacity as a local authority.

13

The Council of the Isles of Scilly.

14

A county council or a county borough council in Wales.

15

A council constituted under section 2 of the Local Government etc (Scotland) Act 1994.

16

A district council in Northern Ireland.

Regulatory bodies

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

The Security Industry Authority.

Health bodies

19

An NHS trust established under section 25 of the National Health Service Act 2006 or under section 18 of the National Health Service (Wales) Act 2006.

20

An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

21

A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

22

A National Health Service Trust established under section 12A of the National Health Service (Scotland) Act 1978.

23

A Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (SI 1991/194 (NI 1)).

Education bodies

24

The proprietor of a school or 16 to 19 Academy within the meaning of the Education Act 1996 (see sections 4 and 579(1) of that Act).

25

The governing body of an institution within the further education sector within the meaning of the Further and Higher Education Act 1992 (see sections 90 and 91 of that Act).

26

The governing body of a qualifying institution within the meaning of Part 2 of the Higher Education Act 2004 (see sections 11 and 21 of that Act).

27

The proprietor or governing body of a school within the meaning of the Education (Scotland) Act 1980 (see section 135(1) of that Act).

28

The proprietor or governing body of a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005 (see section 35 of that Act).

29

The proprietor of a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)) (see Article 2(2) of that Order).

30

The governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) (see Article 2(2) of that Order).

31

The governing body of a higher education institution as defined by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993 (SI 1993/2810 (NI 12)).

Registration officials

32

The Registrar General for England and Wales.

33

A superintendent registrar of births, deaths and marriages.

34

A registrar of births, deaths and marriages.

35

A civil partnership registrar within the meaning of Chapter 1 of Part 2 of the Civil Partnership Act 2004 (see section 29 of that Act).

36

The Registrar General for Scotland.

37

A district registrar within the meaning of section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

38

A senior registrar within the meaning of that section.

39

An assistant registrar within the meaning of that section.

40

The Registrar General for Northern Ireland.

41

A person appointed under Article 31(1) or (3) of the Marriage (Northern Ireland) Order 2003 (SI 2003/413 (NI 3)).

42

A person appointed under section 152(1) or (3) of the Civil Partnership Act 2004.

Other bodies: Northern Ireland

43

The Northern Ireland Housing Executive.

9

A reference in paragraph 4(d) or 5(d) to a detainee custody officer performing functions under section 51 of the Immigration Act 2016 includes a reference to a prison officer or prisoner custody officer performing such functions.

Removal of asylum claimant under standing arrangement with member States

False statements etc.

Defences based on Article 31(1) of the Refugee Convention.

Procedure.

Power to detain vehicles etc. in connection with penalties under section 31A or 32.

Other restrictions on assistance: England and Wales.

Homelessness: Scotland and Northern Ireland.

Detention of persons liable to examination or removal.

Notice of marriage.

Power to require evidence.

Refusal to issue certificate.

31A

(1) The Secretary of State may impose a penalty on a person responsible for a goods vehicle which has arrived at a place mentioned in subsection (2) if—

(a) on its arrival at that place, the vehicle is not adequately secured against unauthorised access (see subsection (4)(a)), and

(b) the person has not taken the actions specified in regulations under subsection (4)(b) as actions to be taken by that person in relation to the securing of the vehicle against unauthorised access before or during its journey to that place.

(2) Those places are—

(a) a place where immigration control is operated, and

(b) in a case where the vehicle previously arrived at a place outside the United Kingdom where immigration control is operated and then journeyed to a place in the United Kingdom, that place in the United Kingdom.

(3) A penalty may be imposed under subsection (1) regardless of whether any person has obtained unauthorised access to the vehicle during its journey to the place mentioned in subsection (2).

(4) The Secretary of State must specify in regulations for the purposes of subsection (1)—

(a) what is meant by a goods vehicle being adequately secured against unauthorised access, and

(b) the actions to be taken by each person responsible for a goods vehicle in relation to the securing of the vehicle against unauthorised access.

(5) The actions that may be specified in regulations under subsection (4)(b) include, in particular—

(a) actions in relation to checking a person has not gained unauthorised access to the vehicle,

(b) actions in relation to the reporting of any unauthorised access to the vehicle, and

(c) actions in relation to the keeping of records to establish that other actions specified in the regulations have been taken.

(6) Before making regulations under subsection (4), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) In imposing a penalty under subsection (1), the Secretary of State—

(a) must specify an amount which does not exceed the maximum prescribed for the purpose of this paragraph,

(b) may impose separate penalties on more than one of the persons responsible for a goods vehicle, and

(c) may not impose penalties which amount in aggregate to more than the maximum prescribed for the purpose of this paragraph.

(8) A penalty imposed under subsection (1) must be paid to the Secretary of State before the end of the prescribed period.

(9) A person is not liable to the imposition of a penalty under subsection (1) if that person’s failure to take the actions specified in regulations under subsection (4)(b) was as a result of duress.

(10) If a penalty is imposed under subsection (1) in relation to the arrival of a goods vehicle in a place outside the United Kingdom where immigration control is operated, a penalty may not be imposed in relation to the vehicle’s arrival in the United Kingdom as part of the same journey.

(11) A penalty may not be imposed on a person under subsection (1) if a penalty is imposed on that person under section 32(2) in respect of the same circumstances.

(12) Where a penalty is imposed under subsection (1) on a person who is the driver of a goods vehicle pursuant to a contract (whether or not a contract of employment) with a person (“P”) who is the vehicle’s owner or hirer—

(a) the driver and P are jointly and severally liable for the penalty imposed on the driver (whether or not a penalty is also imposed on P), and

(b) a provision of this Part about notification, objection or appeal has effect as if the penalty imposed on the driver were also imposed on P (whether or not a penalty is also imposed on P in P’s capacity as the owner or hirer of the vehicle).

(13) In the case of a detached trailer, subsection (12) has effect as if a reference to the driver were a reference to the operator.

(14) For the purposes of this section the persons responsible for a goods vehicle are—

(a) if the goods vehicle is a detached trailer, the owner, hirer and operator of the trailer, and

(b) if it is not, the owner, hirer and driver of the vehicle.

(15) Where by virtue of subsection (14) a person is responsible for a goods vehicle in more than one capacity, a separate penalty may be imposed on the person under subsection (1) in respect of each capacity.

(16) In this section “immigration control” means United Kingdom immigration control and includes any United Kingdom immigration control operated in a prescribed control zone outside the United Kingdom.

Power to detain vehicles etc. in connection with penalties under section 31A or 32.

Intervention by Secretary of State.

Notice of marriage.

Procedural requirements as to applications.

The Immigration Appeal Tribunal.

Notice of marriage.

Minor and consequential amendments, transitional provisions and repeals.

Removal: general notice requirements

10A

(1) This section applies to a person who is liable to removal under section 10; but see sections 10C to 10E for the circumstances in which such a person may be removed otherwise than in accordance with this section.

(2) The person may be removed if—

(a) the Secretary of State or an immigration officer has given the person—

(i) a notice of intention to remove (see subsection (3)), and

(ii) a notice of departure details (see subsection (4)), and

(b) any notice period has expired.

(3) A notice of intention to remove is a written notice which—

(a) states that the person is to be removed,

(b) sets out the notice period, (see subsection (7)), and

(4) A notice of departure details under this section is a written notice which—

(a) states the date on which the person is to be removed,

(b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination, and

(5) The notice of intention to remove and the notice of departure details may be combined.

(6) This subsection applies if the notice of departure details states, under subsection (4)(b)—

(a) a destination which is different to the destination stated under subsection (3)(c) in the notice of intention to remove, or

(b) any stops that were not stated in the notice of intention to remove, other than a stop in—

(i) the United Kingdom, or

(ii) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

(7) The notice period must be no shorter than the period of five working days beginning with the day after the day on which the person is given the notice.

(8) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.

(9) This section is subject to section 10B (failed removals).

(10) In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the person is when they are given the notice.

Failed removals

10B

(1) This section applies where as a result of matters reasonably beyond the control of the Secretary of State, such as—

(a) adverse weather conditions,

(b) technical faults or other issues causing delays to transport, or

a person is not removed from the United Kingdom on the date stated in a notice of departure details under section 10A (“the original notice”).

(2) The person may be removed from the United Kingdom if—

(a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (3)), and

(b) they are removed before the end of the period of 21 days beginning with the date stated in the original notice.

(3) A notice of departure details under this section is a written notice which—

(a) states the date on which the person is to be removed, and

(b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination.

(4) But this section does not apply if the notice under subsection (3) states, under subsection (3)(b)—

(a) a destination which is different to the destination stated in the original notice, or

(b) any stops that were not stated in the original notice, other than a stop in—

(i) the United Kingdom, or

(ii) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

(5) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.

Removal: notice requirements in port cases

10C

(1) This section applies to a person who is liable to removal under section 10 if the person was refused leave to enter upon their arrival in the United Kingdom.

(2) The person may be removed if—

(a) the Secretary of State or an immigration officer has given the person a notice of departure details under this section which—

(i) states the date on which the person is to be removed, and

(ii) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination, and

(b) the date stated under paragraph (a)(i) is a date before the end of the period of seven days beginning with the day after the day on which the person was refused leave to enter.

(3) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.

Removal: PRN recipients

10D

(1) This section applies to a person who is liable to removal under section 10 and is a PRN recipient.

(2) If the person does not make a protection claim or a human rights claim before the PRN cut-off date, the person may be removed from the United Kingdom if—

(a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (4)), and

(b) they are removed before the end of the period of 21 days beginning with the day after the PRN cut-off date.

(3) If the PRN recipient makes a protection claim or a human rights claim, the person may be removed from the United Kingdom if—

(a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (4)),

(b) their appeal rights are exhausted, and

(c) they are removed before the end of the period of 21 days beginning with the day after the date on which their appeal rights are exhausted;

and for the purposes of this subsection, whether a PRN recipient’s appeal rights are exhausted is to be determined in accordance with section 21(3) of the Nationality and Borders Act 2022 (and see, in particular, section 82A of the Nationality, Immigration and Asylum Act 2002).

(4) A notice of departure details under this section is a written notice which—

(a) states the date on which the person is to be removed,

(b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination.

(5) But this section does not apply unless the priority removal notice stated—

(a) a destination to which the person is to be removed which is the same as the destination stated in the notice of departure details under subsection (4)(b), and

(b) stops, other than stops falling within subsection (6), that are expected to be made on the way to that destination which are the same as those stated in the notice of departure details under subsection (4)(b).

(6) A stop falls within this subsection if it is a stop in—

(a) the United Kingdom, or

(b) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

(7) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.

(8) For the purposes of this section and section 10E—

“priority removal notice”, “PRN cut-off date” and “PRN recipient” have the same meaning as in section 20 of the Nationality and Borders Act 2022;

“protection claim” and “human rights claim” have the same meaning as in Part 5 of the Nationality, Immigration and Asylum Act 2002.

Removal: judicial review

10E

(1) This section applies to a person (whether or not they are a PRN recipient) who is liable to removal under section 10 where—

(a) the person has made an application for judicial review or (in Scotland) an application to the supervisory jurisdiction of the Court of Session, relating to their removal, and

(b) a court or tribunal has made a decision the effect of which is that the person may be removed from the United Kingdom.

(2) The person may be removed from the United Kingdom if—

(a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (3)), and

(b) they are removed before the end of the period of 21 days beginning with the day after the day on which the court or tribunal made the decision mentioned in subsection (1)(b).

(3) A notice of departure details under this section is a written notice which—

(a) states the date on which the person is to be removed,

(b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination.

(4) But this section does not apply unless the person has received a priority removal notice or a notice of intention to remove under section 10A(3) which stated—

(a) a destination to which the person is to be removed which is the same as the destination stated in the notice of departure details under subsection (3)(b), and

(b) stops, other than stops falling within subsection (5), that are expected to be made on the way to that destination which are the same as those stated in the notice of departure details under subsection (3)(b).

(5) A stop falls within this subsection if it is a stop in—

(a) the United Kingdom, or

(b) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

(6) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.

84A

(1) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) (persons acting under supervision) if—

(a) P is disqualified under paragraph 4 of Schedule 6 (conviction of certain immigration offences) for registration under paragraph 2 of that Schedule or continued registration under paragraph 3 of that Schedule,

(b) P’s registration is suspended under paragraph 4AA of Schedule 6 (suspension on grounds of risk of serious harm), or

(c) P’s registration is suspended under paragraph 4B of Schedule 6 (suspension of persons charged with particular offences).

(2) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) during the relevant period if—

(a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6 (cancellation for lack of competence etc), and

(b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition A in subsection (3AB) of that section (risk of serious harm) was met in relation to P.

(3) In subsection (2) “the relevant period” means the period of 12 months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect.

(4) Subsection (2) does not apply if—

(a) the Commissioner decides to register P or to continue P’s registration, or

(b) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).

(5) A person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—

(a) P’s registration has been cancelled under paragraph 4A(e) of Schedule 6, and

(b) the cancellation took effect before the end of the period mentioned in subsection (3A) of section 87 because condition B in subsection (3AC) of that section (conviction of particular offences) was met in relation to P.

(6) Subsection (5) does not apply if—

(a) P’s conviction of the offence mentioned in section 87(3AC) is quashed or set aside,

(b) the Commissioner decides to register P or to continue P’s registration, or

(c) the cancellation of P’s registration is overturned on appeal (unless the cancellation is subsequently reinstated as a result of a further appeal).

(7) A person (“P”) other than a person to whom subsection (1), (2) or (5) applies is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) if—

(a) subsection (8) applied to P when P entered into the arrangement for supervision, and

(b) P did not inform the person by whom P was to be supervised of that fact before entering into that arrangement.

(8) This subsection applies to P if—

(a) P is or has previously been subject to a direction by the First-tier Tribunal under section 89(2A)(a) (directions in connection with registration),

(b) P is or has previously been subject to a direction by the First-tier Tribunal under section 89(8)(a) (restrictions on provision of immigration advice or immigration services),

(c) P has previously been subject to a direction by the First-tier Tribunal under section 89(8)(b) (suspension from provision of immigration advice or immigration services),

(d) P is or has previously been subject to an order made by a disciplinary body under section 90(1)(a) (restrictions on provision of immigration advice or immigration services),

(e) P has previously been subject to an order made by a disciplinary body under section 90(1)(b) (suspension from provision of immigration advice or immigration services),

(f) P has at any time been given a penalty notice under section 92C (power to impose monetary penalties),

(g) P’s registration has at any time been cancelled under paragraph 6(3)(a) of Schedule 5 (failure to assist with investigation),

(h) P’s registration has at any time been cancelled under paragraph 10A(7) or (8) of Schedule 5 (failure to allow access to premises etc),

(i) P’s registration has at any time been cancelled under paragraph 4A(d) or (e) of Schedule 6 (cancellation following direction by First-tier Tribunal or for lack of competence etc),

(j) P’s registration has previously been suspended under paragraph 4AA of Schedule 6, or

(k) P’s registration has previously been suspended under paragraph 4B of Schedule 6.

(9) Subsection (7) does not apply if, before the time mentioned in subsection (7)(a), the direction, order, penalty, cancellation or suspension referred to in subsection (8)—

(a) had been reversed, cancelled or quashed,

(b) had been overturned on appeal (and had not subsequently been reinstated as a result of a further appeal), or

(c) in the case of suspension under paragraph 4B of Schedule 6, had ceased to have effect by virtue of sub-paragraph (2) of that paragraph.

84B

(1) The Secretary of State may by regulations provide that a person is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—

(a) the person is subject to a professional sanction of a kind specified in the regulations, or

(b) in the circumstances specified in the regulations, the person is disqualified or suspended from practice as a member of a relevant profession.

(2) The Secretary of State may by regulations provide that a person (“P”) is not entitled to provide immigration advice or immigration services by virtue of section 84(2)(e) where—

(a) when P entered into the arrangement for supervision—

(i) P was or had previously been subject to a professional sanction of a kind specified in the regulations, or

(ii) in the circumstances specified in the regulations, P was or had previously been disqualified or suspended from practice as a member of a relevant profession, and

(b) P did not inform the person by whom P was to be supervised of that fact before entering into the arrangement for supervision.

(3) In this section—

“professional sanction” means an order, direction or decision which is imposed, given or made by, or other action which is taken by—a designated professional body,a designated qualifying regulator,a relevant disciplinary body,an Inn of Court, ora judge, court or tribunal in the exercise of a function in relation to the provision of legal services;

“relevant disciplinary body” means a body established wholly or partly for the purpose of exercising disciplinary functions in relation to—members of a designated professional body, orpersons regulated by a designated qualifying regulator;

“relevant profession” means a profession which is regulated by a designated professional body or a designated qualifying regulator.

92C

(1) The Commissioner may give a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the relevant person—

(a) has failed to comply with—

(i) the duty imposed on the person by paragraph 3(4) of Schedule 5 (duty to comply with Code of Standards) or paragraph 6(2) of that Schedule (duty to assist with investigation of complaint), or

(ii) any other requirement imposed on the person by or under this Part, or

(b) has, without reasonable excuse, obstructed the Commissioner in the exercise of the Commissioner’s functions under paragraph 4A of Schedule 5 (power to carry out inspections).

(2) In this section “relevant person”, in relation to the giving of a penalty notice, means a person who was a registered person at the time of the act or omission in relation to which the notice is given.

(3) A penalty notice is a notice requiring the person to whom it is given to pay to the Commissioner—

(a) an amount specified in regulations made by the Secretary of State (a “fixed penalty notice”), or

(b) an amount specified by the Commissioner in the notice (a “variable penalty notice”).

(4) The Commissioner may give a person who is not a relevant person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has failed to comply with the duty imposed on the person by paragraph 6(2) of Schedule 5.

(5) The Commissioner may give an unqualified person a penalty notice if the Commissioner is satisfied on the balance of probabilities that the person has committed an offence under section 91 or 92B.

(6) In subsection (5) “unqualified person”, in relation to the giving of a penalty notice, means a person who was not a qualified person at the time of the act or omission in relation to which the notice is given.

(7) An amount specified in regulations under subsection (3)(a), and the amount specified in a variable penalty notice, must not exceed—

(a) in the case of a penalty imposed on a person under subsection (5) in relation to the commission of an offence under section 92B, the maximum amount of the fine that could be imposed on the person on summary conviction for the offence;

(b) in any other case, £15,000.

(8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).

(9) In this section and sections 92D to 92H—

“penalty notice” means a notice under this section;

“fixed penalty notice” and “variable penalty notice” have the meanings given by subsection (3).

92D

(1) Before giving a penalty notice to a person the Commissioner must notify the person of the Commissioner’s intention to do so.

(2) The notice under subsection (1) must—

(a) specify the proposed amount of the penalty,

(b) specify the Commissioner’s reasons for proposing to impose the penalty,

(c) specify the period during which the person may make representations about the proposal (“the specified period”), and

(d) specify the way in which those representations may be made.

(3) The specified period must not be less than 28 days beginning with the date on which the notice under subsection (1) is given.

(4) The Commissioner must have regard to any representations made by a person during the specified period in deciding—

(a) whether to give a penalty notice to the person, and

(b) if the Commissioner decides to give a variable penalty notice to the person, the amount of the penalty specified in the notice.

(5) Where the Commissioner gives a penalty notice to a person, the notice must specify—

(a) the amount of the penalty, and

(b) the period within which the penalty must be paid (“the payment period”).

(6) The penalty notice must also contain information as to—

(a) the grounds for the penalty,

(b) how payment may be made,

(d) the consequences of non-payment,

(e) rights of appeal, and

(f) the period within which an appeal may be made.

(7) The penalty notice may include provision for the amount payable under the notice—

(a) to reduce in the event of early payment;

(b) to increase in the event of payment after the end of the payment period.

92E

(1) A person to whom a penalty notice has been given may appeal to the First-tier Tribunal against—

(a) the decision to give the person a penalty notice;

(b) where the notice given is a variable penalty notice, the amount of the penalty specified in the notice.

(2) On an appeal under this section, the Tribunal may—

(a) cancel the penalty,

(b) confirm the requirement to pay the penalty, or

(3) The requirement to pay the penalty under the notice is suspended at any time when—

(a) an appeal under this section could be brought by the person in respect of the penalty, or

(b) such an appeal is pending.

(4) But subsection (3)(a) does not prevent the requirement to pay taking effect if the person notifies the Commissioner that the person does not intend to appeal.

(5) No further amount is payable as a result of provision included in the penalty notice by virtue of section 92D(7)(b) in respect of the period during which the requirement to pay is suspended.

(6) For the purposes of subsection (3)(b) an appeal is pending during the period—

(a) starting when the appeal is brought, and

(b) ending when the appeal is finally determined, abandoned or withdrawn.

92F

(1) This section applies if a person who is liable to pay an amount to the Commissioner under a penalty notice has not paid the whole or any part of that amount when it is required to be paid.

(2) In England and Wales the Commissioner may recover the unpaid amount on the order of the county court as if it were payable under an order of that court.

(3) In Scotland payment of the unpaid amount may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland the Commissioner may recover the unpaid amount on the order of a county court as if it were payable under an order of that court.

92G

(1) The Commissioner must prepare and publish guidance about the Commissioner’s use of the power to give a penalty notice.

(2) The guidance must, in particular, include information as to—

(a) the circumstances in which the Commissioner is likely to give—

(i) a fixed penalty notice, or

(ii) a variable penalty notice, and

(b) in the case of a variable penalty notice, the matters to which the Commissioner has regard in determining the amount of the penalty.

(3) The Commissioner—

(a) must from time to time review the guidance, and

(b) may revise and republish the guidance following a review.

(4) Before preparing or revising guidance under this section, the Commissioner must consult such persons as the Commissioner considers appropriate.

92H

A person who is required to pay a penalty under a penalty notice given under section 92C(5) (penalty in respect of offence under section 91 or 92B) may not at any time be convicted of an offence under section 91 or, as the case may be, 92B in respect of the act or omission in relation to which the notice was given.

93A

(1) The Secretary of State may by order provide for fees to be charged by the Commissioner in respect of the exercise of the Commissioner’s functions.

(2) The order may, in particular, make provision—

(a) for fees (including fees for the taking of examinations) to be charged in respect of the assessment of a person’s competence to provide immigration advice or immigration services;

(b) for fees to be charged in respect of a person’s registration or continued registration;

(d) for fees to be charged in respect of the provision by the Commissioner of training for persons providing or seeking to provide immigration advice or immigration services;

(e) for fees to be charged in respect of the provision by the Commissioner of, or of access to, training or other material for such persons;

(f) for fees to be charged in respect of the provision by the Commissioner of events for such persons;

(g) for fees to be charged in respect of the accreditation by the Commissioner of training or events for such persons;

(h) for fees to be charged in respect of the provision of advice by the Commissioner;

(i) for, and in connection with, requiring or authorising the Commissioner to waive all or part of a fee in particular cases.

(3) The order may result in the charging of a fee in respect of the exercise of a function in a particular case which exceeds the costs of exercising the function in that case.

(4) But in specifying the amount of a fee by virtue of subsection (3) the Secretary of State may have regard only to either or both of the following—

(a) the costs of exercising the function in question;

(b) the costs of exercising any other function of the Commissioner.

(5) References in subsection (4) to the costs of exercising a function are to the costs of doing so in a particular class of case or in all cases.

(6) In this section “registration” means registration with the Commissioner under section 85.

Acting as Commissioner in event of vacancy etc

17A

(1) Sub-paragraph (2) applies at any time when—

(a) there is a vacancy in the office of Commissioner or the Commissioner is unable to exercise the Commissioner’s functions, and

(b) no person has been appointed as Deputy Commissioner under paragraph 16(1) or the Deputy Commissioner is unable to act in the Commissioner’s place under paragraph 16(2).

(2) A member of the Commissioner’s staff nominated by the Secretary of State for the purposes of this paragraph may act in the Commissioner’s place.

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Immigration and Asylum Act 1999

Failure of sponsor to maintain.

Grants to voluntary organisations.

Notice of marriage.

Notice of marriage.

Power to require evidence.

24A

153A

109A

109B

Grants to voluntary organisations.

Refusal to issue certificate.

86A

Contracted out functions at directly managed removal centres.

Institution of proceedings.

Expenditure and receipts.

144A

157A

Inspections

4A

Power of entry and inspection

10A

Further provision for the cancellation of registration

4A

Suspension of registration

4B

20A

SCHEDULE A1

Law enforcement

1

2

3

4

5

6

7

8

Local government

9

10

11

12

13

14

15

16

Regulatory bodies

17

18

Health bodies

19

20

21

22

23

Education bodies

24

25

26

27

28

29

30

31

Registration officials

32

33

34

35

36

37

38

39

40

41

42

Other bodies: Northern Ireland

43

9

Removal of asylum claimant under standing arrangement with member States