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) Subsection (1) has effect in relation to offences committed after the coming into force of that subsection.

(4) Subsection (2) has effect in relation to persons arrested for offences alleged to have been committed after the coming into force of that subsection.

Rail freight

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Individuals without proper documents or authorisation

Charges in respect of passengers without proper documents

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(1) The Secretary of State may charge the owner of a ship or aircraft the sum of £2,000 where—

(a) an individual who would not, on arrival in the United Kingdom, be entitled to enter without leave arrives by travelling on the ship or aircraft, and

(b) at least one of the Cases set out in subsections (1A) to (1C) applies.

(1A) Case 1 is where, on being required to do so by an immigration officer, the individual fails to produce an immigration document which is valid and which satisfactorily establishes the individual’s identity and the individual’s nationality or citizenship.

(1B) Case 2 is where—

(a) the individual requires an entry clearance,

(b) an entry clearance in electronic form of the required kind has not been granted, and

(c) if required to do so by an immigration officer, the individual fails to produce an entry clearance in documentary form of the required kind.

(1C) Case 3 is where—

(a) the individual was required not to travel to the United Kingdom unless the individual had an authorisation in electronic form (“an ETA”) under immigration rules made by virtue of section 11C of the Immigration Act 1971 that was valid for the individual’s journey to the United Kingdom, and

(b) the individual did not have such an ETA.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The charge shall be payable to the Secretary of State on demand.

(4) No charge shall be payable on the basis that Case 1 applies in respect of any individual if the owner provides evidence that the individual produced an immigration document of the kind mentioned in subsection (1A) to the owner or his employee or agent when embarking on the ship or aircraft for the voyage or flight to the United Kingdom.

(4A) No charge shall be payable on the basis that Case 2 applies in respect of any individual if the owner provides evidence that—

(a) the individual produced an entry clearance in documentary form of the required kind to the owner or an employee or agent of the owner when embarking on the ship or aircraft for the voyage or flight to the United Kingdom,

(b) the owner or an employee or agent of the owner reasonably believed, on the basis of information provided by the Secretary of State in respect of the individual, that the individual did not require an entry clearance of the kind in question,

(c) the owner or an employee or agent of the owner reasonably believed, on the basis of information provided by the Secretary of State, that an entry clearance in electronic form of the required kind had been granted, or

(d) the owner or an employee or agent of the owner was unable to establish whether an entry clearance in electronic form of the required kind had been granted in respect of the individual and had a reasonable excuse for being unable to do so.

(4B) No charge shall be payable on the basis that Case 3 applies in respect of any individual if the owner provides evidence that the owner or an employee or agent of the owner—

(a) reasonably believed, on the basis of information provided by the Secretary of State in respect of the individual, that the individual was not required to have an ETA that was valid for the individual’s journey to the United Kingdom,

(b) reasonably believed, on the basis of information provided by the Secretary of State, that the individual had such an ETA, or

(c) was unable to establish whether the individual had such an ETA and had a reasonable excuse for being unable to do so.

(5) For the purpose of subsection (4) or (4A)(a) an owner shall be entitled to regard a document as—

(a) being what it purports to be unless its falsity is reasonably apparent, and

(b) relating to the individual producing it unless it is reasonably apparent that it does not relate to him.

(6) For the purposes of this section an individual requires an entry clearance if—

(a) under the immigration rules he requires an entry clearance for entry into the United Kingdom, or

(b) as a result of section 41 he requires a visa for passing through the United Kingdom.

(7) The Secretary of State may by order amend this section for the purpose of applying it in relation to an individual who—

(a) requires leave to enter the United Kingdom, and

(b) arrives in the United Kingdom by train.

(8) An order under subsection (7) may provide for the application of this section—

(a) except in cases of a specified kind;

(b) subject to a specified defence.

(9) In this section “immigration document” means—

(a) a passport, and

(b) a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport.

(10) The Secretary of State may by order substitute a sum for the sum in subsection (1).

Visas for transit passengers

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(1) The Secretary of State may by order require transit passengers to hold a transit visa.

(2) “Transit passengers” means persons of any description specified in the order who on arrival in the United Kingdom pass through to another country without entering the United Kingdom; and “transit visa” means a visa for that purpose.

(3) The order—

(a) may specify a description of persons by reference to nationality, citizenship, origin or other connection with any particular country but not by reference to race, colour or religion;

(b) may not provide for the requirement imposed by the order to apply to any person who under the 1971 Act has the right of abode in the United Kingdom;

(c) may provide for any category of persons of a description specified in the order to be exempt from the requirement imposed by the order;

(d) may make provision about the method of application for visas required by the order.

Power to detain vehicles etc. in connection with charges under section 40

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Interpretation

Interpretation of Part II

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(1) In this Part—

“aircraft” includes hovercraft;

“captain” means the master of a ship or commander of an aircraft;

“concealed” includes being concealed in any freight, stores or other thing carried in or on the vehicle, ship , aircraft or rail freight wagon concerned;

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“detached trailer” means a trailer, semi-trailer, caravan or any other thing which is designed or adapted for towing by a vehicle but which has been detached for transport—in or on the vehicle concerned; orin the ship or aircraft concerned (whether separately or in or on a vehicle);

“equipment”, in relation to an aircraft, includes—any certificate of registration, maintenance or airworthiness of the aircraft;any log book relating to the use of the aircraft; andany similar document;

“freight shuttle wagon” means a wagon which—forms part of a shuttle-train, andis designed to carry commercial goods vehicles;

“freight train” means any train other than—a train engaged on a service for the carriage of passengers, ora shuttle-train;

“goods vehicle” means—a mechanically propelled vehicle which—is designed or adapted solely or principally to be used for the carriage or haulage of goods, andat the time in question, is being used for a commercial purpose, orany trailer, semi-trailer or other thing which—is designed or adapted to be towed by a vehicle within paragraph (a)(i), andat the time in question, is being used for a commercial purpose;

“hirer”, in relation to a vehicle, means any person who has hired the vehicle from another person;

“operating weight”, in relation to an aircraft, means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances, in accordance with the certificate of airworthiness in force in respect of the aircraft;

“owner” includes—in relation to a ship or aircraft, the agent or operator of the ship or aircraft; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in relation to a transporter which is the subject of a hire-purchase agreement, includes the person in possession of it under that agreement;

“penalty notice” has the meaning given in section 35(2);

“rail freight wagon” means—any rolling stock, other than a locomotive, which forms part of a freight train, ora freight shuttle wagon,and for the purpose of this definition, “rolling stock” and “locomotive” have the meanings given by section 83 of the Railways Act 1993 (c.43);

“senior officer” means an immigration officer not below the rank of chief immigration officer;

“ship” includes every description of vessel used in navigation;

“shuttle-train” has the meaning given by section 1(9) of the Channel Tunnel Act 1987 (c. 53);

“small aircraft” means an aircraft which has an operating weight of less than 5,700 kilogrammes;

“small ship” means a ship which has a gross tonnage of less than 500 tonnes;

“train” means a train which—is engaged on an international service as defined by section 13(6) of the Channel Tunnel Act 1987; butis not a shuttle train as defined by section 1(9) of that Act;

“train operator”, in relation to a person arriving in the United Kingdom on a train, means the operator of trains who embarked that person on that train for the journey to the United Kingdom;

“transporter” means a vehicle (including a goods vehicle), ship , aircraft or rail freight wagon together with—its equipment; andany stores for use in connection with its operation;

“vehicle” includes a trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle.

(1A) References in this Part to the securing of a goods vehicle against unauthorised access include references to the securing of any container which is being carried by a goods vehicle against unauthorised access.

(1B) In subsection (1A) “container” means any container or other thing which is designed or adapted to be carried by a goods vehicle.

(2) A reference in this Part to “the court” is a reference—

(a) in England and Wales, to the county court,

(b) in Scotland, to the sheriff, and

(3) But—

(a) a county court in Northern Ireland, or the county court in England and Wales, may transfer proceedings under this Part to the High Court, and

(b) the sheriff may transfer proceedings under this Part to the Court of Session.

Part III — Bail

Routine bail hearings

Bail hearings for detained persons

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Location of bail hearings

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General right to be released on bail

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Powers exercisable on granting bail

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Forfeiture

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Forfeiture of securities

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Power of arrest

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Procedure

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Use of live television links at bail hearings

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Bail hearings under other enactments

Applications for bail in immigration cases

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(1) The Secretary of State may by regulations make new provision in relation to applications for bail by persons detained under the 1971 Act or under section 62 of the Nationality, Immigration and Asylum Act 2002.

(2) The regulations may confer a right to be released on bail in prescribed circumstances.

(3) The regulations may, in particular, make provision—

(a) creating or transferring jurisdiction to hear an application for bail by a person detained under the 1971 Act or under section 62 of the Nationality, Immigration and Asylum Act 2002;

(b) as to the places in which such an application may be held;

(d) as to circumstances in which, and conditions (including financial conditions) on which, an applicant may be released on bail;

(e) amending or repealing any enactment so far as it relates to such an application.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Regulations under this section require the approval of the Lord Chancellor.

(6A) In so far as regulations under this section relate to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales before giving his approval.

(6B) In so far as regulations under this section relate to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland and the Department of Justice in Northern Ireland before giving his approval.

(7) In so far as regulations under this section relate to the sheriff or the Court of Session, the Lord Chancellor must obtain the consent of the Scottish Ministers before giving his approval.

(8) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(9) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Extension of right to apply for bail in deportation cases

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(1) Paragraph 2 of Schedule 3 to the 1971 Act (detention or control pending deportation) is amended as follows.

(2) In sub-paragraph (1), at the end insert “ or he is released on bail ”.

(3) In sub-paragraph (3), after “unless” insert “ he is released on bail or ”.

(4) After sub-paragraph (4) insert—

(4A) Paragraphs 22 to 25 of Schedule 2 to this Act apply in relation to a person detained under sub-paragraph (1), (2) or (3) as they apply in relation to a person detained under paragraph 16 of that Schedule.

Grants

Grants to voluntary organisations

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Part IV — Appeals

The appellate authorities

The Immigration Appeal Tribunal

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Adjudicators

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Appeals

General

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Leave to enter

Leave to enter the United Kingdom

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Limitations on rights of appeal under section 59

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Variation of limited leave to enter or remain

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Limitations on rights of appeal under section 61

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Deportation

Deportation orders

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Limitations on rights of appeal under section 63

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Human rights

Acts made unlawful by section 6(1) of the Human Rights Act 1998

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Directions for removal

Validity of directions for removal

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Objection to destination

Removal on objection to destination

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Limitations on rights of appeal under section 67

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Asylum

Claims for asylum

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Limitations on rights of appeal under section 69

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Removal to safe countries

Removal of asylum claimants to safe third countries

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Miscellaneous

Miscellaneous limitations on rights of appeal

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Limitation on further appeals

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“One-stop procedure”

Duty to disclose grounds for appeal etc

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Duty to disclose grounds for entering etc. the United Kingdom

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Result of failure to comply with section 74

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“One-stop” appeals

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Transfer of appellate proceedings

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Appeals without merit

Penalty on continuing an appeal without merit

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European Economic AreaEEA nationals

EEA nationals

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Grants

Grants to voluntary organisations

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Part V — Immigration Advisers and Immigration Service Providers

Interpretation

Interpretation of Part V

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(1) In this Part—

“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under—the Refugee Convention, orArticle 3 of the Human Rights Convention,for the claimant to be removed from, or required to leave, the United Kingdom;

“the Commissioner” means the Immigration Services Commissioner;

“the complaints scheme” means the scheme established under paragraph 5(1) of Schedule 5;

“designated judge” has the same meaning as in section 119(1) of the Courts and Legal Services Act 1990;

“designated professional body” has the meaning given by section 86;

“designated qualifying regulator” has the meaning given by section 86A;

“immigration advice” means advice which—relates to a particular individual;is given in connection with one or more relevant matters;is given by a person who knows that he is giving it in relation to a particular individual and in connection with one or more relevant matters; andis not given in connection with representing an individual before a court in criminal proceedings or matters ancillary to criminal proceedings;

“immigration services” means the making of representations on behalf of a particular individual—in civil proceedings before a court, tribunal or adjudicator in the United Kingdom, orin correspondence with a Minister of the Crown or government department,in connection with one or more relevant matters;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“qualified person” means a person who is qualified for the purposes of section 84;

“registered person” means a person who is registered with the Commissioner under section 85;

“relevant matters” means any of the following—a claim for asylum; an application for an ETA (within the meaning of section 11C of the Immigration Act 1971 (electronic travel authorisations)); an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom; an application for an immigration employment document; unlawful entry into the United Kingdom;nationality and citizenship under the law of the United Kingdom;.........removal or deportation from the United Kingdom;an application for bail under the Immigration Acts or under the Special Immigration Appeals Commission Act 1997;an appeal against, or an application for judicial review in relation to, any decision taken in connection with a matter referred to in paragraphs (a) to (i); ...

(2) In this Part, references to the provision of immigration advice or immigration services are to the provision of such advice or services by a person—

(a) in the United Kingdom (regardless of whether the persons to whom they are provided are in the United Kingdom or elsewhere); and

(b) in the course of a business carried on (whether or not for profit) by him or by another person.

(3) In the definition of “relevant matters” in subsection (1) “immigration employment document” means—

(a) a work permit (within the meaning of section 33(1) of the Immigration Act 1971 (interpretation)), and

(b) any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.

(4) The Secretary of State may by regulations amend the definition of “relevant matters” in subsection (1).

(5) Regulations under subsection (4) may make consequential amendments to this section.

The Immigration Services Commissioner

The Commissioner

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(1) There is to be an Immigration Services Commissioner (referred to in this Part as “the Commissioner”).

(2) The Commissioner is to be appointed by the Secretary of State after consulting the Lord Chancellor, the Department of Justice in Northern Ireland and the Scottish Ministers.

(3) It is to be the general duty of the Commissioner to promote good practice by those who provide immigration advice or immigration services.

(4) In addition to any other functions conferred on him by this Part, the Commissioner is to have the regulatory functions set out in Part I of Schedule 5.

(5) The Commissioner must exercise his functions so as to secure, so far as is reasonably practicable, that those who provide immigration advice or immigration services—

(a) are fit and competent to do so;

(b) act in the best interests of their clients;

(d) do not seek to abuse any procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure);

(e) do not advise any person to do something which would amount to such an abuse.

(6) The Commissioner—

(a) must arrange for the publication, in such form and manner and to such extent as he considers appropriate, of information about his functions and about matters falling within the scope of his functions; and

(b) may give advice about his functions and about such matters.

(6A) The duties imposed on the Commissioner by subsections (3) and (5) apply in relation to persons within section 84(2)(ba) only to the extent that those duties have effect in relation to the Commissioner's functions under section 92 or 92A.

(7) Part II of Schedule 5 makes further provision with respect to the Commissioner.

The general prohibition

Provision of immigration services

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(1) No person may provide immigration advice or immigration services unless he is a qualified person.

(2) A person is a qualified person if he is—

(a) a registered person,

(b) authorised by a designated professional body to practise as a member of the profession whose members the body regulates,

(ba) a person authorised to provide immigration advice or immigration services by a designated qualifying regulator,

(d) ... or

(e) acting on behalf of, and under the supervision of, a person within any of paragraphs (a) to (ba) (whether or not under a contract of employment).

(3) Subsection (2)(a) and (e) are subject to—

(a) any limitation on the effect of a person’s registration imposed under paragraph 2(2) of Schedule 6.

(b) paragraph 4B(5) of that Schedule (effect of suspension of registration).

(3A) A person's entitlement to provide immigration advice or immigration services by virtue of subsection (2)(ba)—

(a) is subject to any limitation on that person's authorisation imposed by the regulatory arrangements of the designated qualifying regulator in question, and

(b) does not extend to the provision of such advice or services by the person other than in England and Wales (regardless of whether the persons to whom they are provided are in England and Wales or elsewhere).

(3B) In subsection (3A) “regulatory arrangements” has the same meaning as in the Legal Services Act 2007 (see section 21 of that Act).

(4) Subsection (1) does not apply to a person who—

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(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) ... falls within a category of person specified in an order made by the Secretary of State for the purposes of this subsection.

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(6) Subsection (1) does not apply to a person—

(a) holding an office under the Crown, when acting in that capacity;

(b) employed by, or for the purposes of, a government department, when acting in that capacity;

(d) otherwise exercising functions on behalf of the Crown.

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Registration and exemption by the Commissioner

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(1) The Commissioner must prepare and maintain a register for the purposes of section 84(2)(a) ....

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(3) Schedule 6 makes further provision with respect to registration.

Designated professional bodies

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(1) “Designated professional body” means—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) The Law Society of Scotland;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) The Faculty of Advocates; or

(g) The General Council of the Bar of Northern Ireland.

(2) The Secretary of State may by order remove a body from the list in subsection (1) if he considers that the body—

(a) has failed to provide effective regulation of its members in their provision of immigration advice or immigration services, or

(b) has failed to comply with a request of the Commissioner for the provision of information (whether general or in relation to a particular case or matter).

(3) If a designated professional body asks the Secretary of State to amend subsection (1) so as to remove its name, the Secretary of State may by order do so.

(4) If the Secretary of State is proposing to act under subsection (2) he must, before doing so—

(a) consult the Commissioner;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) consult the Scottish Legal Complaints Commission, if the proposed order would affect a designated professional body in Scotland;

(d) consult the Legal Services Oversight Commissioner for Northern Ireland, if the proposed order would affect a designated professional body in Northern Ireland;

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

(f) consider any representations so made.

(5) An order under subsection (2) requires the approval of—

(a) the Department of Justice in Northern Ireland, if it affects a designated professional body in ... Northern Ireland;

(b) the Scottish Ministers, if it affects a designated professional body in Scotland.

(6) Before deciding whether or not to give its approval under subsection (5)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.

(7) Before deciding whether or not to give their approval under subsection (5)(b), the Scottish Ministers must consult the Lord President of the Court of Session.

(8) If the Secretary of State considers that a body (other than a body in England and Wales) which—

(a) is concerned (whether wholly or in part) with regulating the legal profession, or a branch of it, in Scotland or Northern Ireland,

(b) is not a designated professional body, and

(c) is capable of providing effective regulation of its members in their provision of immigration advice or immigration services,

ought to be designated, he may by order amend subsection (1) to include the name of that body.

(9) The Commissioner must—

(a) keep under review the list of designated professional bodies set out in subsection (1); and

(b) report to the Secretary of State if the Commissioner considers that a designated professional body—

(i) is failing to provide effective regulation of its members in their provision of immigration advice or immigration services, or

(ii) has failed to comply with a request of the Commissioner for the provision of information (whether general or in relation to a particular case or matter).

(9A) A designated professional body shall comply with a request of the Commissioner for the provision of information (whether general or in relation to a specified case or matter).

(10) For the purpose of meeting the costs incurred by the Commissioner in discharging his functions under this Part, each designated professional body must pay to the Commissioner, in each year and on such date as may be specified, such fee as may be specified.

(11) Any unpaid fee for which a designated professional body is liable under subsection (10) may be recovered from that body as a debt due to the Commissioner.

(12) “Specified” means specified by an order made by the Secretary of State.

Appeals to the First-tier Tribunal

The Tribunal

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any person aggrieved by a relevant decision of the Commissioner may appeal to the First-tier Tribunal against the decision.

(3) “Relevant decision” means a decision—

(a) to refuse an application for registration made under paragraph 1 of Schedule 6;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) to refuse an application for continued registration made under paragraph 3 of that Schedule;

(e) to vary a registration on an application under paragraph 3 of that Schedule;

(ea) to vary a registration under paragraph 3A of that Schedule; or

(eb) to cancel a registration under paragraph 4A(e) of that Schedule.

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) A relevant decision of the Commissioner is not to have effect while the period within which an appeal may be brought against the decision is running.

(3B) In the case of an appeal under this section, Tribunal Procedure Rules may include provision permitting the First-tier Tribunal to direct that while the appeal is being dealt with—

(a) no effect is to be given to the decision appealed against; or

(b) only such limited effect is to be given to it as may be specified in the direction.

(3C) If provision is made in Tribunal Procedure Rules by virtue of subsection (3B), the rules must also include provision requiring the First-tier Tribunal to consider applications by the Commissioner for the cancellation or variation of directions given by virtue of that subsection.

(4) For further functions of the First-tier Tribunal under this Part, see paragraph 9(1)(e) of Schedule 5 (disciplinary charges laid by the Commissioner) and paragraph 4B of Schedule 6 (suspension of registration by First-tier Tribunal) .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal upheld by the Tribunal

88

(1) This section applies if the First-tier Tribunal allows an appeal under section 87.

(2) If the First-tier Tribunal considers it appropriate, it may direct the Commissioner—

(a) to register the applicant or to continue the applicant’s registration;

(b) to make or vary the applicant’s registration so as to have limited effect in any of the ways mentioned in paragraph 2(2) of Schedule 6;

(d) to quash a decision recorded under paragraph 9(1)(a) of Schedule 5 and the record of that decision.

Disciplinary charge upheld by the Tribunal

89

(1) This section applies if the First-tier Tribunal upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).

(2) Subsections (2A) and (2B) apply if the person charged was, at the time to which the charge relates, a registered person or a person acting on behalf of a registered person.

(2A) If the registered person mentioned in subsection (2) is still registered, the First-tier Tribunal may direct the Commissioner—

(a) to record the charge and the First-tier Tribunal's decision on it for consideration in connection with that person's next application for continued registration;

(b) to cancel that person's registration.

(2B) If the registered person mentioned in subsection (2) is no longer registered, the First-tier Tribunal may direct the Commissioner to record the charge and the First-tier Tribunal's decision on it for consideration in connection with any application by that person for registration.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the First-tier Tribunal may direct him to repay to the clients concerned such portion of those fees as it may determine.

(6) The First-tier Tribunal may direct the person charged to pay a penalty to the Commissioner of such sum as it considers appropriate.

(7) A direction given by the First-tier Tribunal under subsection (5) (or under subsection (6)) may be enforced by the clients concerned (or by the Commissioner)—

(a) as if it were an order of a county court in Northern Ireland or the county court in England and Wales ; or

(b) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(8) The First-tier Tribunal may direct that the person charged or any person acting on his behalf or under his supervision is to be—

(a) subject to such restrictions on the provision of immigration advice or immigration services as the First-tier Tribunal considers appropriate;

(b) suspended from providing immigration advice or immigration services for such period as the First-tier Tribunal may determine; or

(9) The Commissioner must keep a record of the persons against whom there is in force a direction given by the First-tier Tribunal under subsection (8).

Orders by disciplinary bodies

90

(1) A disciplinary body may make an order directing that a person subject to its jurisdiction is to be—

(a) subject to such restrictions on the provision of immigration advice or immigration services as the body considers appropriate;

(b) suspended from providing immigration advice or immigration services for such period as the body may determine; or

(2) “Disciplinary body” means any body—

(a) appearing to the Secretary of State to be established for the purpose of hearing disciplinary charges against—

(i) members of a designated professional body, or

(ii) persons regulated by designated qualifying regulators; and

(b) specified in an order made by the Secretary of State.

(3) The Secretary of State must consult the designated professional body or designated qualifying regulator concerned before making an order under subsection (2)(b).

(4) For the purposes of this section, a person is subject to the jurisdiction of a disciplinary body if he is an authorised person or is acting on behalf of an authorised person.

(5) “Authorised person” means —

(a) a person who is authorised by the designated professional body concerned to practise as a member of the profession whose members are regulated by that body, or

(b) a person who is authorised by the designated qualifying regulator concerned to provide immigration advice or immigration services.

Enforcement

Offences

91

(1) A person who provides immigration advice or immigration services in contravention of section 84 or of a restraining order is guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(2) “Restraining order” means—

(a) a direction given by the First-tier Tribunal under section 89(8) or paragraph 9(3) of Schedule 5; or

(b) an order made by a disciplinary body under section 90(1).

(3) If an offence under this section committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) “Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.

(5) If the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(6) If an offence under this section committed by a partnership in Scotland is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) “Partner” includes a person purporting to act as a partner.

Enforcement

92

(1) If it appears to the Commissioner that a person—

(a) is providing immigration advice or immigration services in contravention of section 84 or of a restraining order, and

(b) is likely to continue to do so unless restrained,

the Commissioner may apply to a county court in Northern Ireland or the county court in England and Wales for an injunction, or to the sheriff for an interdict, restraining him from doing so.

(2) If the court is satisfied that the application is well-founded, it may grant the injunction or interdict in the terms applied for or in more limited terms.

(3) “Restraining order” has the meaning given by section 91.

Miscellaneous

Information

93

(1) No enactment or rule of law prohibiting or restricting the disclosure of information prevents a person from—

(a) giving the Commissioner information which is necessary for the discharge of his functions; or

(b) giving the First-tier Tribunal information which is necessary for the discharge of its functions.

(2) No relevant person may at any time disclose information which—

(a) has been obtained by, or given to, the Commissioner under or for purposes of this Act,

(b) relates to an identified or identifiable individual or business, and

unless the disclosure is made with lawful authority.

(3) For the purposes of subsection (2), a disclosure is made with lawful authority only if, and to the extent that—

(a) it is made with the consent of the individual or of the person for the time being carrying on the business;

(b) it is made for the purposes of, and is necessary for, the discharge of any of the Commissioner’s functions under this Act ...;

(c) it is made for the purposes of any civil or criminal proceedings arising under or by virtue of this Part, or otherwise; or

(d) having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest.

(4) A person who knowingly or recklessly discloses information in contravention of subsection (2) is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

(5) “Relevant person” means a person who is or has been—

(a) the Commissioner;

(b) a member of the Commissioner’s staff; or

Part VI — Support for Asylum-Seekers

Interpretation

Interpretation of Part VI

94

(1) In this Part—

“asylum-seeker” means a person who is not under 18 and has made a claim for asylum which has been recorded by the Secretary of State but which has not been determined;

“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention, or under Article 3 of the Human Rights Convention, for the claimant to be removed from, or required to leave, the United Kingdom;

“the Department” means the Department of Health and Social Services for Northern Ireland;

“dependant”, in relation to an asylum-seeker or a supported person, means a person in the United Kingdom who—is his spouse;is a child of his, or of his spouse, who is under 18 and dependent on him; orfalls within such additional category, if any, as may be prescribed;

“the Executive” means the Northern Ireland Housing Executive;

“housing accommodation” includes flats, lodging houses and hostels;

“local authority” means—in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“Northern Ireland authority” has the meaning given by section 110(9).

“supported person” means—an asylum-seeker, ora dependant of an asylum-seeker,who has applied for support and for whom support is provided under section 95.

(2) References in this Part to support provided under section 95 include references to support which is provided under arrangements made by the Secretary of State under that section.

(3) For the purposes of this Part, a claim for asylum is determined at the end of such period beginning—

(a) on the day on which the Secretary of State notifies the claimant of his decision on the claim, or

(b) if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of,

as may be prescribed.

(4) An appeal is disposed of when it is no longer pending for the purposes of the Immigration Acts or the Special Immigration Appeals Commission Act 1997.

(4A) For the purposes of the definitions of “asylum-seeker” and “failed asylum-seeker”, the circumstances in which a claim is determined or rejected include where the claim is declared inadmissible under section 80A or 80B of the Nationality, Immigration and Asylum Act 2002.

(4B) But if a claim is—

(a) declared inadmissible under section 80B of that Act, and

(b) nevertheless considered by the Secretary of State in accordance subsection (7) of that section,

the claim ceases to be treated as determined or rejected from the time of the decision to consider the claim.

(4C) For the purposes of subsection (3), notification of a declaration of inadmissibility under section 80A or 80B of that Act is to be treated as notification of the Secretary of State’s decision on the claim.

(5) If an asylum-seeker’s household includes a child who is under 18 and a dependant of his, he is to be treated (for the purposes of this Part) as continuing to be an asylum-seeker while—

(a) the child is under 18; and

(b) he and the child remain in the United Kingdom.

(6) Subsection (5) does not apply if, on or after the determination of his claim for asylum, the asylum-seeker is granted leave to enter or remain in the United Kingdom (whether or not as a result of that claim).

(7) For further provision as to the conduct of age assessments, which applies for the purposes of this Part, see Part 4 of the Nationality and Borders Act 2022.

(8) A notice under subsection (3) must be given in writing.

(9) If such a notice is sent by the Secretary of State by first class post, addressed—

(a) to the asylum-seeker’s representative, or

(b) to the asylum-seeker’s last known address,

it is to be taken to have been received by the asylum-seeker on the second day after the day on which it was posted.

Provision of support

Persons for whom support may be provided

95

(1) The Secretary of State may provide, or arrange for the provision of, support for—

(a) asylum-seekers, or

(b) dependants of asylum-seekers,

who appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed.

(2) In prescribed circumstances, a person who would otherwise fall within subsection (1) is excluded.

(3) For the purposes of this section, a person is destitute if—

(a) he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or

(b) he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs.

(4) If a person has dependants, subsection (3) is to be read as if the references to him were references to him and his dependants taken together.

(5) In determining, for the purposes of this section, whether a person’s accommodation is adequate, the Secretary of State—

(a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but

(b) may not have regard to such matters as may be prescribed for the purposes of this paragraph or to any of the matters mentioned in subsection (6).

(6) Those matters are—

(a) the fact that the person concerned has no enforceable right to occupy the accommodation;

(b) the fact that he shares the accommodation, or any part of the accommodation, with one or more other persons;

(d) the location of the accommodation.

(7) In determining, for the purposes of this section, whether a person’s other essential living needs are met, the Secretary of State—

(a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but

(b) may not have regard to such matters as may be prescribed for the purposes of this paragraph.

(8) The Secretary of State may by regulations provide that items or expenses of such a description as may be prescribed are, or are not, to be treated as being an essential living need of a person for the purposes of this Part.

(9) Support may be provided subject to conditions.

(9A) A condition imposed under subsection (9) may, in particular, relate to—

(a) any matter relating to the use of the support provided, or

(b) compliance with a condition imposed under Schedule 10 to the Immigration Act 2016 (immigration bail).

(10) The conditions must be set out in writing.

(11) A copy of the conditions must be given to the supported person.

(12) Schedule 8 gives the Secretary of State power to make regulations supplementing this section.

(13) Schedule 9 makes temporary provision for support in the period before the coming into force of this section.

Ways in which support may be provided

96

(1) Support may be provided under section 95—

(a) by providing accommodation appearing to the Secretary of State to be adequate for the needs of the supported person and his dependants (if any);

(b) by providing what appear to the Secretary of State to be essential living needs of the supported person and his dependants (if any);

(c) to enable the supported person (if he is the asylum-seeker) to meet what appear to the Secretary of State to be expenses (other than legal expenses or other expenses of a prescribed description) incurred in connection with his claim for asylum;

(d) to enable the asylum-seeker and his dependants to attend bail proceedings in connection with his detention under any provision of the Immigration Acts; or

(e) to enable the asylum-seeker and his dependants to attend bail proceedings in connection with the detention of a dependant of his under any such provision.

(2) If the Secretary of State considers that the circumstances of a particular case are exceptional, he may provide support under section 95 in such other ways as he considers necessary to enable the supported person and his dependants (if any) to be supported.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) But the Secretary of State may by order provide for subsection (3) not to apply—

(a) in all cases, for such period as may be specified;

(b) in such circumstances as may be specified;

(d) in relation to persons whose accommodation is in a specified locality.

(5) The Secretary of State may by order repeal subsection (3).

(6) “Specified” means specified in an order made under subsection (4).

Supplemental

97

(1) When exercising his power under section 95 to provide accommodation, the Secretary of State must have regard to—

(a) the fact that the accommodation is to be temporary pending determination of the asylum-seeker’s claim;

(b) the desirability, in general, of providing accommodation in areas in which there is a ready supply of accommodation; and

(2) But he may not have regard to—

(a) any preference that the supported person or his dependants (if any) may have as to the locality in which the accommodation is to be provided; or

(b) such other matters (if any) as may be prescribed.

(3) The Secretary of State may by order repeal all or any of the following—

(a) subsection (1)(a);

(b) subsection (1)(b);

(3A) When exercising the power under section 95 (support for asylum seekers) or section 4 (accommodation for failed asylum seekers) to provide or arrange for the provision of accommodation, the Secretary of State may decide to provide or arrange for the provision of different types of accommodation to persons supported under those sections on the basis of either or both of the following matters—

(a) the stage that their claim for asylum has reached, including whether they have been notified that their claim is being considered for a declaration of inadmissibility (see sections 80A and 80B of the Nationality, Immigration and Asylum Act 2002);

(b) their previous compliance with any conditions imposed on them under any of the following—

(i) section 95(9) (conditions for support under section 95);

(ii) Schedule 10 to the Immigration Act 2016 (conditions of immigration bail);

(iii) regulations made under section 4(6) (conditions for support under section 4).

(4) When exercising his power under section 95 to provide essential living needs, the Secretary of State—

(a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but

(b) may not have regard to such other matters as may be prescribed for the purposes of this paragraph.

(5) In addition, when exercising his power under section 95 to provide essential living needs, the Secretary of State may limit the overall amount of the expenditure which he incurs in connection with a particular supported person—

(za) to such portion of the maximum amount of an award of universal credit under section 8(1) of the Welfare Reform Act 2012, or

(a) to such portion of the income support applicable amount provided under section 124 of the Social Security Contributions and Benefits Act 1992, or

(b) to such portion of any components or elements of that amount,

as he considers appropriate having regard to the temporary nature of the support that he is providing.

(6) For the purposes of subsection (5), any support of a kind falling within section 96(1)(c) is to be treated as if it were the provision of essential living needs.

(7) In determining how to provide, or arrange for the provision of, support under section 95, the Secretary of State may disregard any preference which the supported person or his dependants (if any) may have as to the way in which the support is to be given.

Temporary support

98

(1) The Secretary of State may provide, or arrange for the provision of, support for—

(a) asylum-seekers, or

(b) dependants of asylum-seekers,

who it appears to the Secretary of State may be destitute.

(2) Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95.

(3) Subsections (2) to (11) of section 95 apply for the purposes of this section as they apply for the purposes of that section.

(4) Subsection (3A) of section 97 applies to the power to provide, or arrange for the provision of, accommodation under this section as it applies to the power to do so under section 95.

Support and assistance by local authorities etc.

Provision of support by local authorities

99

(1) A local authority or Northern Ireland authority may provide support for persons in accordance with arrangements made by the Secretary of State under section 4, 95 or 98.

(2) Support may be provided by an authority in accordance with arrangements made with the authority or with another person.

(3) Support may be provided by an authority in accordance with arrangements made under section 95 only in one or more of the ways mentioned in section 96(1) and (2).

(4) An authority may incur reasonable expenditure in connection with the preparation of proposals for entering into arrangements under section 4, 95 or 98.

(5) The powers conferred on an authority by this section include power to—

(a) provide services outside their area;

(b) provide services jointly with one or more other bodies;

(d) tender for contracts (whether alone or with any other person).

Local authority and other assistance for Secretary of State

100

(1) This section applies if the Secretary of State asks—

(a) a local authority,

(aa) a private registered provider of social housing,

(b) a registered social landlord,

(d) the Executive,

to assist him to exercise his power under section 95 to provide accommodation.

(2) The person to whom the request is made must co-operate in giving the Secretary of State such assistance in the exercise of that power as is reasonable in the circumstances.

(3) Subsection (2) does not require a private registered provider of social housing or a registered social landlord to act beyond its powers.

(4) A local authority must supply to the Secretary of State such information about their housing accommodation (whether or not occupied) as he may from time to time request.

(5) The information must be provided in such form and manner as the Secretary of State may direct.

(6) “Registered social landlord” has the same meaning as in Part I of the Housing Act 1996.

(7) “Registered housing association” has the same meaning—

(a) in relation to Scotland, as in the Housing Associations Act 1985; and

(b) in relation to Northern Ireland, as in Part II of the Housing (Northern Ireland) Order 1992.

Reception zones

101

(1) The Secretary of State may by order designate as reception zones—

(a) areas in England and Wales consisting of the areas of one or more local authorities;

(b) areas in Scotland consisting of the areas of one or more local authorities;

(2) Subsection (3) applies if the Secretary of State considers that—

(a) a local authority whose area is within a reception zone has suitable housing accommodation within that zone; or

(b) the Executive has suitable housing accommodation.

(3) The Secretary of State may direct the local authority or the Executive to make available such of the accommodation as may be specified in the direction for a period so specified—

(a) to him for the purpose of providing support under section 95; or

(b) to a person with whom the Secretary of State has made arrangements under section 95.

(4) A period specified in a direction under subsection (3)—

(a) begins on a date so specified; and

(b) must not exceed five years.

(5) A direction under subsection (3) is enforceable, on an application made on behalf of the Secretary of State, by injunction or in Scotland an order under section 45(b) of the Court of Session Act 1988.

(6) The Secretary of State’s power to give a direction under subsection (3) in respect of a particular reception zone must be exercised by reference to criteria specified for the purposes of this subsection in the order designating that zone.

(7) The Secretary of State may not give a direction under subsection (3) in respect of a local authority in Scotland unless the Scottish Ministers have confirmed to him that the criteria specified in the designation order concerned are in their opinion met in relation to that authority.

(8) Housing accommodation is suitable for the purposes of subsection (2) if it—

(a) is unoccupied;

(b) would be likely to remain unoccupied for the foreseeable future if not made available; and

(c) is appropriate for the accommodation of persons supported under this Part or capable of being made so with minor work.

(9) If housing accommodation for which a direction under this section is, for the time being, in force—

(a) is not appropriate for the accommodation of persons supported under this Part, but

(b) is capable of being made so with minor work,

the direction may require the body to whom it is given to secure that that work is done without delay.

(10) The Secretary of State must make regulations with respect to the general management of any housing accommodation for which a direction under subsection (3) is, for the time being, in force.

(11) Regulations under subsection (10) must include provision—

(a) as to the method to be used in determining the amount of rent or other charges to be payable in relation to the accommodation;

(b) as to the times at which payments of rent or other charges are to be made;

(d) enabling the accommodation to be inspected, in such circumstances as may be prescribed, by the body to which the direction was given;

(e) with respect to the condition in which the accommodation is to be returned when the direction ceases to have effect.

(12) Regulations under subsection (10) may, in particular, include provision—

(a) for the cost, or part of the cost, of minor work required by a direction under this section to be met by the Secretary of State in prescribed circumstances;

(b) as to the maximum amount of expenditure which a body may be required to incur as a result of a direction under this section.

(13) The Secretary of State must by regulations make provision (“the dispute resolution procedure”) for resolving disputes arising in connection with the operation of any regulations made under subsection (10).

(14) Regulations under subsection (13) must include provision—

(a) requiring a dispute to be resolved in accordance with the dispute resolution procedure;

(b) requiring the parties to a dispute to comply with obligations imposed on them by the procedure; and

(c) for the decision of the person resolving a dispute in accordance with the procedure to be final and binding on the parties.

(15) Before—

(a) designating a reception zone in Great Britain,

(b) determining the criteria to be included in the order designating the zone, or

the Secretary of State must consult such local authorities, local authority associations and other persons as he thinks appropriate.

(16) Before—

(a) designating Northern Ireland as a reception zone, or

(b) determining the criteria to be included in the order designating Northern Ireland,

the Secretary of State must consult the Executive and such other persons as he thinks appropriate.

(17) Before making regulations under subsection (10) which extend only to Northern Ireland, the Secretary of State must consult the Executive and such other persons as he thinks appropriate.

(18) Before making any other regulations under subsection (10), the Secretary of State must consult—

(a) such local authorities, local authority associations and other persons as he thinks appropriate; and

(b) if the regulations extend to Northern Ireland, the Executive.

Appeals

Asylum Support Adjudicators

102

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

Appeals

103

(1) If, on an application for support under section 95, the Secretary of State decides that the applicant does not qualify for support under that section, the applicant may appeal to the First-tier Tribunal.

(2) If the Secretary of State decides to stop providing support for a person under section 95 before that support would otherwise have come to an end, that person may appeal to the First-tier Tribunal.

(2A) If the Secretary of State decides not to provide accommodation for a person under section 4, or not to continue to provide accommodation for a person under section 4, the person may appeal to the First-tier Tribunal.

(3) On an appeal under this section, the First-tier Tribunal may—

(a) require the Secretary of State to reconsider the matter;

(b) substitute its decision for the decision appealed against; or

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The decision of the First-tier Tribunal is final.

(6) If an appeal is dismissed, no further application by the appellant for support under section 4 or 95 is to be entertained unless the Secretary of State is satisfied that there has been a material change in the circumstances.

(7) The Secretary of State may by regulations provide for decisions as to where support provided under section 4 or 95 is to be provided to be appealable to the First-tier Tribunal under this Part.

(8) Regulations under subsection (7) may provide for any provision of this section to have effect, in relation to an appeal brought by virtue of the regulations, subject to such modifications as may be prescribed.

(9) The Secretary of State may pay any reasonable travelling expenses incurred by an appellant in connection with attendance at any place for the purposes of an appeal under this section.

Secretary of State’s rules

104

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

Offences

False representations

105

(1) A person is guilty of an offence if, with a view to obtaining support for himself or any other person under any provision made by or under this Part, he—

(a) makes a statement or representation which he knows is false in a material particular;

(b) produces or gives to a person exercising functions under this Part, or knowingly causes or allows to be produced or given to such a person, any document or information which he knows is false in a material particular;

(c) fails, without reasonable excuse, to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or

(d) without reasonable excuse, knowingly causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.

Dishonest representations

106

(1) A person is guilty of an offence if, with a view to obtaining any benefit or other payment or advantage under this Part for himself or any other person, he dishonestly—

(a) makes a statement or representation which is false in a material particular;

(b) produces or gives to a person exercising functions under this Part, or causes or allows to be produced or given to such a person, any document or information which is false in a material particular;

(c) fails to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or

(d) causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(3) In the application of this section to Scotland, in subsection (1) for “dishonestly” substitute “ knowingly ”.

Delay or obstruction

107

(1) A person is guilty of an offence if, without reasonable excuse, he—

(a) intentionally delays or obstructs a person exercising functions conferred by or under this Part; or

(b) refuses or neglects to answer a question, give any information or produce a document when required to do so in accordance with any provision made by or under this Part.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

108

(1) A person is guilty of an offence if, during any period in respect of which he has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person—

(a) he persistently refuses or neglects, without reasonable excuse, to maintain that person in accordance with the undertaking; and

(b) in consequence of his refusal or neglect, support under any provision made by or under this Part is provided for or in respect of that person.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both.

(3) For the purposes of this section, a person is not to be taken to have refused or neglected to maintain another person by reason only of anything done or omitted in furtherance of a trade dispute.

Supplemental

109

(1) If an offence under section 105, 106, 107 or 108 committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) “Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.

(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) If an offence under section 105, 106, 107 or 108 committed by a partnership in Scotland is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) “Partner” includes a person purporting to act as a partner.

Expenditure

Payments to local authorities

110

(1) The Secretary of State may from time to time pay to any local authority or Northern Ireland authority such sums as he considers appropriate in respect of expenditure incurred, or to be incurred, by the authority in connection with—

(a) persons who are, or have been, asylum-seekers; and

(b) their dependants.

(2) The Secretary of State may from time to time pay to any—

(a) local authority,

(b) local authority association, or

such sums as he considers appropriate in respect of services provided by the authority or association in connection with the discharge of functions under this Part.

(3) The Secretary of State may make payments to any local authority towards the discharge of any liability of supported persons or their dependants in respect of council tax payable to that authority.

(4) The Secretary of State must pay to a body to which a direction under section 101(3) is given such sums as he considers represent the reasonable costs to that body of complying with the direction.

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