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

(1) An immigration officer exercising any power conferred on him by the Immigration Acts may, if necessary, use reasonable force.

(2) A person exercising a power under any of the following may if necessary use reasonable force—

(a) section 28CA, 28FA or 28FB of the 1971 Act (business premises: entry to arrest or search),

(aa) paragraph 25CA, 25CB or 25CC of Schedule 2 to the 1971 Act (powers to search for and seize driving licences),

(b) section 141 or 142 of this Act, and

Part VIII — Detention Centres and Detained Persons

Interpretation

Interpretation of Part VIII

147

In this Part—

“certificate of authorisation” means a certificate issued by the Secretary of State under section 154;

“certified prisoner custody officer” means a prisoner custody officer certified under section 89 of the Criminal Justice Act 1991, or section 114 of the Criminal Justice and Public Order Act 1994, to perform custodial duties;

“contract monitor” means a person appointed by the Secretary of State under section 149(4);

“contracted out removal centre” means a removal centre in relation to which a removal centre contract is in force;

“contractor”, in relation to a removal centre which is being run in accordance with a removal centre contract, means the person who has contracted to run it;

“custodial functions” means custodial functions at a removal centre;

“detained children” means detained persons who are under the age of 18;

“detained persons” means persons detained or required to be detained under the 1971 Act or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State);

“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force;

“removal centre contract” means a contract entered into by the Secretary of State under section 149;

“removal centre rules” means rules made by the Secretary of State under section 153;

“directly managed removal centre” means a removal centre which is not a contracted out removal centre;

“escort arrangements” means arrangements made by the Secretary of State under section 156;

“escort functions” means functions under escort arrangements;

“escort monitor” means a person appointed under paragraph 1 of Schedule 13;

“pre-departure accommodation” means a place used solely for the detention of detained children and their families for a period of— not more than 72 hours, ornot more than seven days in cases where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);

“prisoner custody officer”—in relation to England and Wales, has the same meaning as in the Criminal Justice Act 1991;in relation to Scotland, has the meaning given in section 114(1) of the Criminal Justice and Public Order Act 1994;in relation to Northern Ireland, has the meaning given in section 122(1) of that Act of 1994;

“removal centre” means a place which is used solely for the detention of detained persons but which is not a short-term holding facility, pre-departure accommodation, a prison or part of a prison;

“short-term holding facility” means a place used— solely for the detention of detained persons for a period of not more than seven days or for such other period as may be prescribed , orfor the detention of—detained persons for a period of not more than seven days or for such other period as may be prescribed, andpersons other than detained persons for any period. but which is not pre-departure accommodation.

Detention centres

Management of detention centres

148

(1) A manager must be appointed for every removal centre.

(2) In the case of a contracted out removal centre, the person appointed as manager must be a detainee custody officer whose appointment is approved by the Secretary of State.

(3) The manager of a removal centre is to have such functions as are conferred on him by removal centre rules.

(4) The manager of a contracted out removal centre may not—

(a) enquire into a disciplinary charge laid against a detained person;

(b) conduct the hearing of such a charge; or

(5) The manager of a contracted out removal centre may not, except in cases of urgency, order—

(a) the removal of a detained person from association with other detained persons;

(b) the temporary confinement of a detained person in special accommodation; or

Contracting out of certain detention centres

149

(1) The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any removal centre or part of a removal centre.

(2) While a removal centre contract for the running of a removal centre or part of a removal centre is in force—

(a) the removal centre or part is to be run subject to and in accordance with the provisions of or made under this Part; and

(b) in the case of a part, that part and the remaining part are to be treated for the purposes of those provisions as if they were separate removal centres.

(3) If the Secretary of State grants a lease or tenancy of land for the purposes of a removal centre contract, none of the following enactments applies to the lease or tenancy—

(a) Part II of the Landlord and Tenant Act 1954 (security of tenure);

(b) section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture);

(c) section 19(1), (2) and (3) of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988 (covenants not to assign etc.);

(d) the Agricultural Holdings Act 1986;

(e) sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses);

(f) the Agricultural Holdings (Scotland) Act 1991 and the Agricultural Holdings (Scotland) Act 2003 (asp 11);

(g) section 14 of the Conveyancing Act 1881;

(h) the Conveyancing and Law of Property Act 1892;

(i) the Business Tenancies (Northern Ireland) Order 1996.

(4) The Secretary of State must appoint a contract monitor for every contracted out removal centre.

(5) A person may be appointed as the contract monitor for more than one removal centre.

(6) The contract monitor is to have—

(a) such functions as may be conferred on him by removal centre rules;

(b) the status of a Crown servant.

(7) The contract monitor must—

(a) keep under review, and report to the Secretary of State on, the running of a removal centre for which he is appointed; and

(b) investigate, and report to the Secretary of State on, any allegations made against any person performing custodial functions at that centre.

(8) The contractor, and any sub-contractor of his, must do all that he reasonably can (whether by giving directions to the officers of the removal centre or otherwise) to facilitate the exercise by the contract monitor of his functions.

(9) “Lease or tenancy” includes an underlease, sublease or sub-tenancy.

(10) In relation to a removal centre contract entered into by the Secretary of State before the commencement of this section, this section is to be treated as having been in force at that time.

Contracted out functions at directly managed detention centres

150

(1) The Secretary of State may enter into a contract with another person—

(a) for functions at, or connected with, a directly managed removal centre to be performed by detainee custody officers provided by that person; or

(b) for such functions to be performed by certified prisoner custody officers who are provided by that person.

(2) For the purposes of this section “removal centre” includes a short-term holding facility.

Intervention by Secretary of State

151

(1) The Secretary of State may exercise the powers conferred by this section if it appears to him that—

(a) the manager of a contracted out removal centre has lost, or is likely to lose, effective control of the centre or of any part of it; or

(b) it is necessary to do so in the interests of preserving the safety of any person, or of preventing serious damage to any property.

(2) The Secretary of State may appoint a person (to be known as the Controller) to act as manager of the removal centre for the period—

(a) beginning with the time specified in the appointment; and

(b) ending with the time specified in the notice of termination under subsection (5).

(3) During that period—

(a) all the functions which would otherwise be exercisable by the manager or the contract monitor are to be exercisable by the Controller;

(b) the contractor and any sub-contractor of his must do all that he reasonably can to facilitate the exercise by the Controller of his functions; and

(c) the staff of the removal centre must comply with any directions given by the Controller in the exercise of his functions.

(4) The Controller is to have the status of a Crown servant.

(5) If the Secretary of State is satisfied that a Controller is no longer needed for a particular removal centre, he must (by giving notice to the Controller) terminate his appointment at a time specified in the notice.

(6) As soon as practicable after making an appointment under this section, the Secretary of State must give notice of the appointment to those entitled to notice.

(7) As soon as practicable after terminating an appointment under this section, the Secretary of State must give a copy of the notice of termination to those entitled to notice.

(8) Those entitled to notice are the contractor, the manager, the contract monitor and the Controller.

Visiting Committees and inspections

152

(1) The Secretary of State must appoint a committee (to be known as the Visiting Committee) for each removal centre.

(2) The functions of the Visiting Committee for a removal centre are to be such as may be prescribed by the removal centre rules.

(3) Those rules must include provision—

(a) as to the making of visits to the centre by members of the Visiting Committee;

(b) for the hearing of complaints made by persons detained in the centre;

(4) Every member of the Visiting Committee for a removal centre may at any time enter the centre and have free access to every part of it and to every person detained there.

(5) In section 5A of the Prison Act 1952 (which deals with the appointment and functions of Her Majesty’s Chief Inspector of Prisons), after subsection (5), insert—

(5A) Subsections (2) to (5) apply to removal centres (as defined by section 147 of the Immigration and Asylum Act 1999 and including any in Scotland) and persons detained in such removal centres as they apply to prisons and prisoners.

Detention centre rules

153

(1) The Secretary of State must make rules for the regulation and management of removal centres.

(2) Removal centre rules may, among other things, make provision with respect to the safety, care, activities, discipline and control of detained persons.

Custody and movement of detained persons

Detainee custody officers

154

(1) On an application made to him under this section, the Secretary of State may certify that the applicant—

(a) is authorised to perform escort functions; or

(b) is authorised to perform both escort functions and custodial functions.

(2) The Secretary of State may not issue a certificate of authorisation unless he is satisfied that the applicant—

(a) is a fit and proper person to perform the functions to be authorised; and

(b) has received training to such standard as the Secretary of State considers appropriate for the performance of those functions.

(3) A certificate of authorisation continues in force until such date, or the occurrence of such event, as may be specified in the certificate but may be suspended or revoked under paragraph 7 of Schedule 11.

(4) A certificate which authorises the performance of both escort functions and custodial functions may specify one date or event for one of those functions and a different date or event for the other.

(5) The Secretary of State may confer functions of detainee custody officers on prison officers or prisoner custody officers.

(6) A prison officer acting under arrangements made under subsection (5) has all the powers, authority, protection and privileges of a constable.

(7) Schedule 11 makes further provision about detainee custody officers.

Custodial functions and discipline etc. at detention centres

155

(1) Custodial functions may be discharged at a removal centre only by—

(a) a detainee custody officer authorised, in accordance with section 154(1), to perform such functions; or

(b) a prison officer, or a certified prisoner custody officer, exercising functions in relation to the removal centre—

(i) in accordance with arrangements made under section 154(5); or

(ii) as a result of a contract entered into under section 150(1)(b).

(2) Schedule 12 makes provision with respect to discipline and other matters at removal centres and short-term holding facilities and in pre-departure accommodation .

Arrangements for the provision of escorts and custody

156

(1) The Secretary of State may make arrangements for—

(a) the delivery of detained persons to premises in which they may lawfully be detained;

(b) the delivery of persons from any such premises for the purposes of their removal from the United Kingdom in accordance with directions given under the 1971 Act or this Act;

(d) the custody of detained persons held on the premises of any court.

(2) Escort arrangements may provide for functions under the arrangements to be performed, in such cases as may be determined by or under the arrangements, by detainee custody officers.

(3) “Court” includes—

(a) the First-tier Tribunal;

(b) the Upper Tribunal; and

(4) Escort arrangements may include entering into contracts with other persons for the provision by them of—

(a) detainee custody officers; or

(b) prisoner custody officers who are certified under section 89 of the Criminal Justice Act 1991, or section 114 or 122 of the Criminal Justice and Public Order Act 1994, to perform escort functions.

(5) Schedule 13 makes further provision about escort arrangements.

(6) A person responsible for performing a function of a kind mentioned in subsection (1), in accordance with a transfer direction, complies with the direction if he does all that he reasonably can to secure that the function is performed by a person acting in accordance with escort arrangements.

(7) “Transfer direction” means

(a) a transfer direction given under—

(i) section 48 of the Mental Health Act 1983 ... (removal to hospital of, among others, persons detained under the 1971 Act); or

(ii) in Northern Ireland, article 54 of the Mental Health (Northern Ireland) Order 1986 (provision corresponding to section 48 of the 1983 Act). or

(b) a transfer for treatment direction given under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 as applied by article 13 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005.

Short-term holding facilities

157

(1) The Secretary of State may by regulations extend any provision made by or under this Part in relation to removal centres (other than one mentioned in subsection (2)) to short-term holding facilities.

(2) Subsection (1) does not apply to section 150.

(3) The Secretary of State may make rules for the regulation and management of short-term holding facilities.

Miscellaneous

Wrongful disclosure of information

158

(1) A person who is or has been employed (whether as a detainee custody officer, prisoner custody officer or otherwise)—

(a) in accordance with escort arrangements,

(b) at a contracted out removal centre, or

is guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular detained person.

(2) A person guilty of such an offence is liable—

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

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

(3) “Contracted out functions” means functions which, as the result of a contract entered into under section 150, fall to be performed by detainee custody officers or certified prisoner custody officers.

Power of constable to act outside his jurisdiction

159

(1) For the purpose of taking a person to or from a removal centre under the order of any authority competent to give the order, a constable may act outside the area of his jurisdiction.

(2) When acting under this section, the constable concerned retains all the powers, authority, protection and privileges of his office.

Part IX — Registrar’s Certificates: Procedure

Abolition of certificate by licence

160

(1) In the Marriage Act 1949, in section 26, omit subsection (2) (marriage under superintendent registrar’s certificate to be by licence issued by the registrar or without licence).

(2) In section 27 of the 1949 Act—

(a) in subsection (1), omit “without licence”;

(b) omit subsection (2);

(d) in subsection (3), omit paragraph (b).

(3) Section 32 of the 1949 Act (marriage under certificate by licence) shall cease to have effect.

(4) In section 31 of the 1949 Act (marriage under certificate without licence requiring 21 days’ notice)—

(a) in subsection (1), omit “without licence” and for “twenty-one” substitute “ 15 ”;

(b) in subsection (2), for “twenty-one” substitute “ 15 ”;

(c) in subsection (4), omit “without licence” and for “said period of twenty-one days” substitute “ waiting period in relation to each notice of marriage ”.

(5) In section 31 of the 1949 Act, after subsection (4) insert—

(4A) “The waiting period”, in relation to a notice of marriage, means— (a) the period of 15 days, or (b) such shorter period as may be determined by the Registrar General under subsection (5A) or by a superintendent registrar under any provision of regulations made under subsection (5D), after the day on which the notice of marriage was entered in the marriage notice book.

(6) In section 31 of the 1949 Act, insert at the end—

(5A) If, on an application made to the Registrar General, he is satisfied that there are compelling reasons for reducing the 15 day period because of the exceptional circumstances of the case, he may reduce that period to such shorter period as he considers appropriate. (5B) “The 15 day period” means the period of 15 days mentioned in subsections (1) and (2). (5C) If the Registrar General reduces the 15 day period in a particular case, the reference to 15 days in section 75(3)(a) is to be treated, in relation to that case, as a reference to the reduced period. (5D) The Registrar General may by regulations make provision with respect to the making, and granting, of applications under subsection (5A). (5E) The regulations— (a) may provide for the power conferred by subsection (5A) to be exercised by a superintendent registrar on behalf of the Registrar General in cases falling within a category prescribed in the regulations; (b) may provide for the making of an appeal to the Registrar General against a decision taken by a superintendent registrar in accordance with regulations made by virtue of paragraph (a); (c) may make different provision in relation to different cases; (d) require the approval of the Chancellor of the Exchequer. (5F) The Chancellor of the Exchequer may by order provide for a fee, of such an amount as may be specified in the order, to be payable on an application under subsection (5A). (5G) The order may make different provision in relation to different cases. (5H) The power to make regulations under subsection (5D) or an order under subsection (5F) is exercisable by statutory instrument. (5I) Any statutory instrument made under subsection (5F) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Notice of marriage

161

(1) In the Marriage Act 1949, in section 27(1) (persons by whom notice of marriage must be given)—

(a) in paragraph (a), for “either” substitute “each”;

(b) in paragraph (b), for “either” substitute “each” and for “each registration district in which one of them has resided” substitute “the registration district in which he or she has resided”.

(2) In section 27 of the 1949 Act, in subsection (3) (matters to be stated in notice of marriage), for “and place of residence” substitute “, place of residence and nationality”.

(3) In the 1949 Act, in section 26(1) (marriages which may be solemnized on authority of a certificate of a superintendent registrar), for “a certificate” substitute “two certificates”.

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

Power to require evidence

162

(1) In the Marriage Act 1949, after section 28, insert—

(28A) (1) A superintendent registrar to whom a notice of marriage is given under section 27, or any other person attesting a declaration accompanying such a notice, may require the person giving the notice to provide him with specified evidence— (a) relating to that person; or (b) if the superintendent registrar considers that the circumstances are exceptional, relating to each of the persons to be married. (2) Such a requirement may be imposed at any time— (a) on or after the giving of the notice of marriage; but (b) before the superintendent registrar issues his certificate under section 31. (3) “Specified evidence”, in relation to a person, means such evidence of that person’s— (a) name and surname, (b) age, (c) marital status, and (d) nationality, as may be specified in guidance issued by the Registrar General.

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

Refusal to issue certificate

163

(1) In the Marriage Act 1949, in section 31(2) (issue of marriage certificate), for paragraph (a) substitute—

(a) the superintendent registrar is not satisfied that there is no lawful impediment to the issue of the certificate; or

(2) In the 1949 Act, after section 31, insert—

(31A) (1) If, relying on section 31(2)(a), a superintendent registrar refuses to issue a certificate, the person applying for it may appeal to the Registrar General. (2) On such an appeal, the Registrar General must— (a) confirm the refusal; or (b) direct that a certificate be issued. (3) If— (a) relying on section 31(2)(a), a superintendent registrar refuses to issue a certificate as a result of a representation made to him, and (b) on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate, the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the applicant for the certificate. (4) For the purpose of enabling a person to recover any such costs and damages, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate.

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

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

Part X — Miscellaneous and Supplemental

Institution of proceedings

164

In section 3(2) of the Prosecution of Offences Act 1985 (proceedings which must be conducted by the Director of Public Prosecutions), after paragraph (a) insert—

(aa) to take over the conduct of any criminal proceedings instituted by an immigration officer (as defined for the purposes of the Immigration Act 1971) acting in his capacity as such an officer;

Procedural requirements as to applications

165

In the 1971 Act, after section 31, insert—

(31A) (1) If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form. (2) If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind. (3) “Prescribed” means prescribed in regulations made by the Secretary of State. (4) The power to make regulations under this section is exercisable by statutory instrument. (5) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Regulations and orders

166

(1) Any power to make rules, regulations or orders conferred by this Act is exercisable by statutory instrument.

(2) But subsection (1) does not apply in relation to orders made under section 90(1), rules made under paragraph 1 of Schedule 5 or immigration rules.

(3) Any statutory instrument made as a result of subsection (1) may—

(a) contain such incidental, supplemental, consequential and transitional provision as the person making it considers appropriate;

(b) make different provision for different cases or descriptions of case; and

(4) No order is to be made under—

(a) section 20,

(b) section 21,

(d) section 86(2),

(da) section 86A(3),

(e) section 96(5),

(f) section 97(3),

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) paragraph 4 of Schedule 5,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(5) No regulations are to be made under—

(za) section 4(5),

(a) section 9,

(b) section 46(8);

(cza) section 82(4),

(czb) section 92C(3)(a) or (8),

(d) section 144, or

(e) paragraph 9(1E) of Schedule 5,

unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(5A) No regulations under section 20A(12) which amend Schedule A1 so as to—

(a) add a reference to a person or description of person, or

(b) modify a reference to a person or description of person otherwise than in consequence of a change of name or transfer of functions,

are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(6) Any statutory instrument made under this Act, apart from one made—

(a) under any of the provisions mentioned in subsection (4) or (5),

(ab) under section 20A(12) and which falls within subsection (5A), or

(b) under section 24(3) , 24A(3) or 170(4) or (7),

shall be subject to annulment by a resolution of either House of Parliament.

Interpretation

167

(1) In this Act—

“the 1971 Act” means the Immigration Act 1971;

“adjudicator” (except in Part VI) means an adjudicator appointed under section 57;

“Chief Adjudicator” means the person appointed as Chief Adjudicator under section 57(2);

“claim for asylum” (except in Parts V and VI and section 141) means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;

“the Commission” means the Special Immigration Appeals Commission;

“country” includes any territory;

“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being;

“the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;

“justice of the peace”, in relation to Northern Ireland, means lay magistrate;

“prescribed” means prescribed by regulations made by the Secretary of State;

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;

residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020;

“voluntary organisations” means bodies (other than public or local authorities) whose activities are not carried on for profit.

(2) The following expressions have the same meaning as in the 1971 Act—

“certificate of entitlement”;

“entry clearance”;

“illegal entrant”;

“immigration officer”;

“immigration rules”;

“port”;

“United Kingdom passport”;

“work permit”.

Expenditure and receipts

168

(1) There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State or the Lord Chancellor in consequence of this Act; and

(b) any increase attributable to this Act in the sums so payable by virtue of any other Act.

(2) Sums received by the Secretary of State under section 5, 32, 40, 112 or 113 or by the Lord Chancellor under section 48(4) or 49(4) must be paid into the Consolidated Fund.

Minor and consequential amendments, transitional provisions and repeals

169

(1) Schedule 14 makes minor and consequential amendments.

(2) Schedule 15 contains transitional provisions and savings.

(3) The enactments set out in Schedule 16 are repealed.

Short title, commencement and extent

170

(1) This Act may be cited as the Immigration and Asylum Act 1999.

(2) Subsections (1) and (2) of section 115 come into force on the day on which the first regulations made under Schedule 8 come into force.

(3) The following provisions come into force on the passing of this Act—

(a) section 4;

(b) section 9;

(d) section 27;

(e) section 31;

(f) section 94;

(g) section 95(13);

(h) section 99(4) and (5);

(i) sections 105 to 109;

(j) section 110(1), (2) and (8) (so far as relating to subsections (1) and (2));

(k) section 111;

(l) section 124;

(m) section 140;

(n) section 145;

(o) section 146(1);

(p) sections 166 to 168;

(q) this section;

(r) Schedule 9;

(s) paragraphs 62(2), 73, 78, 79, 81, 82, 87, 88 and 102 of Schedule 14;

(t) paragraphs 2 and 13 of Schedule 15.

(4) The other provisions of this Act, except section 10 and paragraph 12 of Schedule 15 (which come into force in accordance with section 9), come into force on such day as the Secretary of State may by order appoint.

(5) Different days may be appointed for different purposes.

(6) This Act extends to Northern Ireland.

(7) Her Majesty may by Order in Council direct that any of the provisions of this Act are to extend, with such modifications (if any) as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

SCHEDULE 1

Leave of court required

1

(1) The sale of a transporter requires the leave of the court.

(2) The court is not to give its leave except on proof—

(a) that the penalty or charge is or was due;

(b) that the person liable to pay it or any connected expenses has failed to do so; and

Notice of proposed sale

2

Before applying for leave to sell a transporter, the Secretary of State must take such steps as may be prescribed—

(a) for bringing the proposed sale to the notice of persons whose interests may be affected by a decision of the court to grant leave; and

(b) for affording to any such person an opportunity of becoming a party to the proceedings if the Secretary of State applies for leave.

Duty to obtain best price

3

If leave for sale is given, the Secretary of State must secure that the transporter is sold for the best price that can reasonably be obtained.

Effect of failure to comply with paragraph 2 or 3

4

Failure to comply with any requirement of paragraph 2 or 3 in respect of any sale—

(a) is actionable against the Secretary of State at the suit of any person suffering loss in consequence of the sale; but

(b) after the sale has taken place, does not affect its validity.

Application of proceeds of sale

5

(1) Any proceeds of sale arising from a sale under section 37 or 42 must be applied—

(a) in making prescribed payments; and

(b) in accordance with such provision as to priority of payments as may be prescribed.

(2) The regulations may, in particular, provide for proceeds of sale to be applied in payment—

(a) of customs or excise duty,

(b) of value added tax,

(d) of any penalty or charge which the court has found to be due,

(e) in the case of the sale of an aircraft, of charges due as a result of regulations made under section 73 of the Civil Aviation Act 1982,

(f) of any surplus to or among the person or persons whose interests in the transporter have been divested as a result of the sale,

but not necessarily in that order of priority.

SCHEDULE 2

Members

1

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

President and Deputy President

2

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

Term of office

3

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

Remuneration

4

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

Compensation

5

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

Proceedings

6

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

Staff

7

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

SCHEDULE 3

Deputy Chief Adjudicator and Regional Adjudicators

1

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

Qualification for appointment

2

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

Term of office

3

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

Remuneration

4

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

Compensation

5

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

Proceedings

6

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

Staff

7

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

SCHEDULE 4

Part I — Procedure

Notice of appealable matters

1

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

Service of notices

2

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

Lord Chancellor’s rules of procedure

3

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

4

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

Practice directions

5

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

Hearings in private

6

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

Leave to appeal

7

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

Offences

8

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

Convention cases

9

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

Part II — Effect of Appeals

Stay on directions for removal

10

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

11

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

12

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

13

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

14

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

15

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

Suspension of variation of limited leave

16

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

Continuation of leave

17

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

Deportation orders

18

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

19

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

Appeals under section 65

20

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

Part III — Determination of Appeals

Determination of appeals

21

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

Appeals to Immigration Appeal Tribunal

22

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

Appeals from Immigration Appeal Tribunal

23

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

Appeals which must be dismissed

24

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

SCHEDULE 5

Part I — Regulatory Functions

The Commissioner’s rules

1

(1) The Commissioner may make rules regulating any aspect of the professional practice, conduct or discipline of—

(a) registered persons, and

(b) those acting on behalf of registered persons,

in connection with the provision of immigration advice or immigration services.

(2) Before making or altering any rules, the Commissioner must consult such persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.

(3) In determining whether a registered person is competent or otherwise fit to provide immigration advice or immigration services, the Commissioner may take into account any breach of the rules by—

(a) that person; and

(b) any person acting on behalf of that person.

(4) The rules may, among other things, make provision requiring the keeping of accounts or the obtaining of indemnity insurance.

2

(1) The Commissioner’s rules must be made or altered by an instrument in writing.

(2) Such an instrument must specify that it is made under this Schedule.

(3) Immediately after such an instrument is made, it must be printed and made available to the public.

(4) The Commissioner may charge a reasonable fee for providing a person with a copy of the instrument.

(5) A person is not to be taken to have contravened a rule made by the Commissioner if he shows that at the time of the alleged contravention the instrument containing the rule had not been made available in accordance with this paragraph.

(6) The production of a printed copy of an instrument purporting to be made by the Commissioner on which is endorsed a certificate signed by an officer of the Commissioner authorised by him for that purpose and stating—

(a) that the instrument was made by the Commissioner,

(b) that the copy is a true copy of the instrument, and

is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.

(7) A certificate purporting to be signed as mentioned in sub-paragraph (6) is to be treated as having been properly signed unless the contrary is shown.

(8) A person who wishes in any legal proceedings to rely on an instrument containing the Commissioner’s rules may require him to endorse a copy of the instrument with a certificate of the kind mentioned in sub-paragraph (6).

Code of Standards

3

(1) The Commissioner must prepare and issue a code setting standards of conduct which those to whom the code applies are expected to meet.

(2) The code is to be known as the Code of Standards but is referred to in this Schedule as “the Code”.

(3) The Code is to apply to any person providing immigration advice or immigration services other than—

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

(aa) a person who is authorised by a designated qualifying regulator to provide immigration advice or immigration services;

(b) a person who is acting on behalf of a person who is within paragraph (a) or (aa) ;

(4) It is the duty of any person to whom the Code applies to comply with its provisions in providing immigration advice or immigration services.

(5) If the Commissioner alters the Code, he must re-issue it.

(6) Before issuing the Code or altering it, the Commissioner must consult—

(a) each of the designated professional bodies;

(aa) each of the designated qualifying regulators;

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

(d) the Lord Chief Justice of Northern Ireland; and

(e) such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.

(7) The Commissioner must publish the Code in such form and manner as the Secretary of State may direct.

Extension of scope of the Code

4

(1) The Secretary of State may by order provide for the provisions of the Code, or such provisions of the Code as may be specified by the order, to apply to—

(a) persons authorised by any designated professional body to practise as a member of the profession whose members are regulated by that body; and

(b) persons acting on behalf of persons who are within paragraph (a).

(2) If the Secretary of State is proposing to act under sub-paragraph (1) he must, before doing so, consult—

(a) the Commissioner;

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

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

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

(3) An order under sub-paragraph (1) 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.

(4) Before deciding whether or not to give its approval under sub-paragraph (3)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.

(5) Before deciding whether or not to give their approval under sub-paragraph (3)(b), the Scottish Ministers must consult the Lord President of the Court of Session.

Investigation of complaints

5

(1) The Commissioner must establish a scheme (“the complaints scheme”) for the investigation by him of relevant complaints made to him in accordance with the provisions of the scheme.

(2) Before establishing the scheme or altering it, the Commissioner must consult—

(a) each of the designated professional bodies; and

(b) such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.

(3) A complaint is a relevant complaint if it relates to—

(za) the competence or fitness to provide immigration advice or immigration services of a person who, at the time to which the complaint relates, was a registered person,

(a) the competence or fitness of any other person to provide immigration advice or immigration services,

(aa) the competence or fitness of a person who, at the time to which the complaint relates, was acting on behalf of a registered person,

(b) the competence or fitness of any other person acting on behalf of a person providing immigration advice or immigration services,

(d) an alleged breach of one or more of the Commissioner’s rules by a person who, at the time to which the complaint relates, was a registered person or a person acting on behalf of a registered person, or

(e) an alleged breach of a rule of a relevant regulatory body,

but not if the complaint is excluded by sub-paragraph (3A).

(3A) A complaint is excluded if—

(a) it relates to a person who is excluded from the application of subsection (1) of section 84 by subsection (6) of that section, or

(b) it relates to a person within section 84(2)(ba).

(4) The Commissioner may, on his own initiative, investigate any matter which he would have power to investigate on a complaint made under the complaints scheme.

(5) In investigating any such matter on his own initiative, the Commissioner must proceed as if his investigation were being conducted in response to a complaint made under the scheme.

6

(1) The complaints scheme must provide for a person who is the subject of an investigation under the scheme to be given a reasonable opportunity to make representations to the Commissioner.

(2) Any person who is the subject of an investigation under the scheme must—

(a) take such steps as are reasonably required to assist the Commissioner in his investigation; and

(b) comply with any reasonable requirement imposed on him by the Commissioner.

(3) If a person fails to comply with sub-paragraph (2)(a) or with a requirement imposed under sub-paragraph (2)(b) the Commissioner may—

(a) in the case of a registered person, cancel his registration;

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

(See also section 92C (which confers a power to impose monetary penalties for breaching the duty imposed by paragraph 6(2)).)

...

7

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

Determination of complaints

8

(1) On determining a complaint under the complaints scheme, the Commissioner must give his decision in a written statement.

(2) The statement must include the Commissioner’s reasons for his decision.

(3) A copy of the statement must be given by the Commissioner to—

(a) the person who made the complaint; and

(b) the person who is the subject of the complaint.

9

(1) On determining a complaint under the complaints scheme, the Commissioner may—

(a) if the person to whom the complaint relates was at the time to which the complaint relates—

(i) a registered person, or

(ii) a person acting on behalf of a registered person,

record the complaint and the decision on it to be considered in connection with the next relevant application;

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

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

(e) lay before the First-tier Tribunala disciplinary charge against a relevant person;

(f) if the person to whom the complaint relates (“P”) was not, at the time to which the complaint relates, a relevant authorised person, order P or a relevant body in relation to P—

(i) to refund all or any part of the fees charged by P or the relevant body for the immigration advice or immigration services to which the complaint relates;

(ii) to pay to the person to whom the advice or services were provided an amount specified in the order by way of compensation in respect of any loss, inconvenience or distress suffered by the person as a result of the provision of the advice or services.

(See also section 92C (which confers a power to impose monetary penalties for breaching the Code or otherwise failing to comply with requirements imposed by or under this Part).)

(1A) In sub-paragraph (1)(a) “relevant application” means—

(a) if the registered person referred to in that sub-paragraph is still registered, an application by that person for continued registration, and

(b) otherwise, an application by that person for registration.

(1B) Sub-paragraph (1)(a) is subject to paragraph 4A(e) of Schedule 6 (duty of Commissioner to cancel registration of a person who is no longer competent or is otherwise unfit).

(1C) For the purposes of sub-paragraph (1)(f) and this sub-paragraph—

(a) a person is a “relevant authorised person” if—

(i) the person falls within section 84(2)(b), or

(ii) the person falls within section 84(2)(e) because the person acts on behalf of, and under the supervision of, a person falling within section 84(2)(b);

(b) a body is a “relevant body” in relation to P if P was acting as the employee, officer, member or partner of the body when providing the immigration advice or immigration services to which the complaint relates;

(c) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.

(1D) The total amount that may be ordered to be refunded or paid by virtue of sub-paragraph (1)(f) in respect of a complaint must not exceed £250,000.

(1E) The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (1D).

(1F) An order under sub-paragraph (1)(f) may specify the time by which the refund or payment must be made.

(2) Sub-paragraph (3) applies if—

(a) the First-tier Tribunal is considering a disciplinary charge against a relevant person; and

(b) the Commissioner asks it to exercise its powers under that sub-paragraph.

(3) The First-tier Tribunal may give directions (which are to have effect while it is dealing with the charge)—

(a) imposing restrictions on the provision of immigration advice or immigration services by the relevant person or by a person acting on his behalf or under his supervision;

(b) prohibiting the provision of immigration advice or immigration services by the relevant person or a person acting on his behalf or under his supervision.

(4) Relevant person” means—

(a) a person who, at the time to which the charge relates, was providing immigration advice or immigration services and was—

(i) a registered person, or

(ii) a person acting on behalf of a registered person;

(b) a person providing immigration advice or immigration services who is—

(i) a person to whom section 84(4)(d) applies, or

(ii) a person employed by, or working under the supervision of, such a person.

Complaints referred to designated professional bodies

10

(1) This paragraph applies if the Commissioner refers a complaint to a designated professional body under paragraph 9(1)(c).

(2) The Commissioner may give directions setting a timetable to be followed by the designated professional body—

(a) in considering the complaint; and

(b) if appropriate, in taking disciplinary proceedings in connection with the complaint.

(3) In making his annual report to the Secretary of State under paragraph 21, the Commissioner must take into account any failure of a designated professional body to comply (whether wholly or in part) with directions given to it under this paragraph.

(4) Sub-paragraph (5) applies if the Commissioner or the Secretary of State considers that a designated professional body has persistently failed to comply with directions given to it under this paragraph.

(5) The Commissioner must take the failure into account in determining whether to make a report under section 86(9)(b) and the Secretary of State must take it into account in determining whether to make an order under section 86(2).

Part II — Commissioner’s Status, Remuneration and Staff etc

Status

11

(1) The Commissioner is to be a corporation sole.

(2) The Commissioner and the members of the Commissioner’s staff are not to be regarded as the servants or agents of the Crown or as having any status, privilege or immunity of the Crown.

Period of office

12

(1) The Commissioner—

(a) is to hold office for a term not exceeding five years; but

(b) may resign at any time by notice in writing given to the Secretary of State.

(2) The Secretary of State may dismiss the Commissioner—

(a) on the ground of incapacity or misconduct; or

(b) if he is satisfied—

(i) that he has been convicted of a criminal offence; or

(ii) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors.

(3) The Commissioner is eligible for re-appointment when his term of office ends.

Terms and conditions of appointment

13

Subject to the provisions of this Schedule, the Commissioner is to hold office on such terms and conditions as the Secretary of State may determine.

Remuneration, expenses and pensions

14

(1) There is to be paid to the Commissioner such remuneration and expenses as the Secretary of State may determine.

(2) The Secretary of State may pay, or provide for the payment of, such pensions, allowances or gratuities to or in respect of the Commissioner as he may determine.

Compensation

15

If a person ceases to be the Commissioner, otherwise than when his term of office ends, and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may make a payment to him of such amount as the Secretary of State may determine.

Deputy Commissioner

16

(1) The Secretary of State may appoint a person to act as Deputy Commissioner.

(2) During any vacancy in the office of Commissioner, or at any time when he is unable to discharge his functions, the Deputy Commissioner may act in his place.

(3) Paragraphs 11(2) and 12 to 15 apply to the Deputy Commissioner as they apply to the Commissioner.

Staff

17

(1) Subject to obtaining the approval of the Secretary of State as to numbers and terms and conditions of service, the Commissioner may appoint such staff as he considers appropriate.

(2) Subject to obtaining the approval of the Secretary of State, the Commissioner may pay, or provide for the payment of, such pensions, allowances or gratuities (including by way of compensation for loss of office or employment) to or in respect of his staff as he considers appropriate.

(3) Any functions of the Commissioner may, to the extent authorised by him, be performed by the Deputy Commissioner or any of his staff.

(4) The Employers’ Liability (Compulsory Insurance) Act 1969 is not to require insurance to be effected by the Commissioner.

Expenditure

18

The Secretary of State may pay to the Commissioner—

(a) any expenses incurred or to be incurred by the Commissioner in respect of his staff; and

(b) with the approval of the Treasury, such other sums for enabling the Commissioner to perform his functions as the Secretary of State thinks fit.

Receipts

19

(1) Subject to any general or specific directions given to him by the Secretary of State, sums received by the Commissioner in the exercise of his functions must be paid to the Secretary of State.

(2) Sums received by the Secretary of State under this paragraph must be paid into the Consolidated Fund.

(3) The approval of the Treasury is required for any direction given under this paragraph.

Accounts and records

20

(1) The Commissioner must—

(a) keep proper accounts and proper records in relation to his accounts;

(b) prepare a statement of accounts for each financial year; and

(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General on or before the specified date.

(2) The statement of accounts must be in such form as the Secretary of State may, with the approval of the Treasury, direct.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement received by him under this paragraph; and

(b) lay copies of each statement and of his report before each House of Parliament.

(4) “Financial year” means the period of 12 months beginning with 1st April.

(5) “Specified date” means—

(a) 31st August next following the end of the year to which the statement relates; or

(b) such earlier date after the end of that year as the Treasury may direct.

Annual report

21

(1) The Commissioner must, as soon as is practicable after the end of each financial year, report to the Secretary of State on the performance of his functions in that year.

(2) The report must, in particular, set out the Commissioner’s opinion as to the extent to which each designated professional body has—

(a) provided effective regulation of its members in their provision of immigration advice or immigration services, and

(b) complied with requests of the Commissioner for the provision of information.

(3) The Secretary of State must lay a copy of the report before each House of Parliament.

(4) “Financial year” has the same meaning as in paragraph 20.

Proof of instruments

22

A document purporting to be an instrument issued by the Commissioner and to be signed by or on behalf of the Commissioner is to be received in evidence and treated as such an instrument unless the contrary is shown.

Disqualification for House of Commons

23

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place—

The Immigration Services Commissioner The Deputy Immigration Services Commissioner

Disqualification for Northern Ireland Assembly

24

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place—

The Immigration Services Commissioner The Deputy Immigration Services Commissioner

The Parliamentary Commissioner Act 1967 (c. 13)

25

In Schedule 2 of the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert, at the appropriate place, “ The Immigration Services Commissioner ”.

SCHEDULE 6

Applications for registration

1

(1) An application for registration under section 84(2)(a) ... must—

(a) be made to the Commissioner in such form and manner, and

(b) be accompanied by such information and supporting evidence,

as the Commissioner may from time to time determine.

(2) When considering an application for registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require.

Registration

2

(1) If the Commissioner considers that an applicant for registration is competent and otherwise fit to provide immigration advice and immigration services, he must register the applicant.

(2) Registration may be made so as to have effect—

(a) only in relation to a specified field of advice or services;

(b) only in relation to the provision of advice or services to a specified category of person;

(d) only in specified circumstances.

Review of qualifications

3

(1) At such intervals as the Commissioner may determine, each registered person must submit an application for his registration to be continued.

(2) Different intervals may be fixed by the Commissioner in relation to different registered persons or descriptions of registered person.

(3) An application for continued registration must—

(a) be made to the Commissioner in such form and manner, and

(b) be accompanied by such information and supporting evidence,

as the Commissioner may from time to time determine.

(4) When considering an application for continued registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require.

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

(6) Unless the Commissioner is required by paragraph 4A to cancel the applicant's registration the Commissioner must continue the applicant’s registration but may, in doing so, vary the registration—

(a) so as to make it have limited effect in any of the ways mentioned in paragraph 2(2); or

(b) so as to make it have full effect.

(7) If a registered person fails, without reasonable excuse—

(a) to make an application for continued registration as required by sub-paragraph (1) ..., or

(b) to provide further information or evidence under sub-paragraph (4),

the Commissioner may cancel the person’s registration as from such date as he may determine.

Disqualification of certain persons

4

A person convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act is disqualified for registration under paragraph 2 or for continued registration under paragraph 3.

Fees

5

No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the fee specified for that application by order under section 93A (but this is subject to any waiver in accordance with provision by virtue of subsection (2)(i) of that section).

Open registers

6

(1) The register must be made available for inspection by members of the public in a legible form at reasonable hours.

(2) A copy of the register or of any entry in the register must be provided—

(a) on payment of a reasonable fee;

(b) in written or electronic form; and

(3) Sub-paragraphs (1) and (2) also apply to—

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

(b) the record kept by the Commissioner of the persons against whom there is in force a direction given by the First-tier Tribunal under section 89(8).

SCHEDULE 7

Members

1

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

The President

2

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

Terms and conditions of appointment

3

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

Remuneration and expenses

4

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

Proceedings

5

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

6

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

Rules of procedure

7

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

Suspending the effect of a relevant decision

8

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

Staff

9

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

Expenditure

10

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

Meaning of “legally qualified”

11

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

Disqualification for House of Commons

12

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

Disqualification for Northern Ireland Assembly

13

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

SCHEDULE 8

General regulation-making power

1

The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 95 as he considers appropriate.

Determining whether a person is destitute

2

(1) The regulations may provide, in connection with determining whether a person is destitute, for the Secretary of State to take into account, except in such circumstances (if any) as may be prescribed—

(a) income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and

(b) support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,

otherwise than by way of support provided under section 95.

(2) The regulations may provide that in such circumstances (if any) as may be prescribed, a person is not to be treated as destitute for the purposes of section 95.

Prescribed levels of support

3

The regulations may make provision—

(a) as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support in accordance with prescribed levels or of a prescribed kind;

(b) as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support otherwise than in accordance with the prescribed levels.

Provision of items and services

4

The regulations may make provision for prescribed items or services to be provided or made available to persons receiving support under section 95 for such purposes and in such circumstances as may be prescribed.

Support and assets to be taken into account

5

The regulations may make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding the level or kind of support to be provided—

(a) income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and

(b) support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,

otherwise than by way of support provided under section 95.

Valuation of assets

6

The regulations may make provision as to the valuation of assets.

Breach of conditions

7

The regulations may make provision for the Secretary of State to take into account, when deciding—

(a) whether to provide, or to continue to provide, support under section 95, or

(b) the level or kind of support to be provided,

the extent to which any condition on which support is being, or has previously been, provided has been complied with.

Suspension or discontinuation of support

8

(1) The regulations may make provision for the suspension or discontinuance of support under section 95 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support).

(2) The circumstances which may be prescribed include the cessation of residence—

(a) in accommodation provided under section 95; or

(b) at an address notified to the Secretary of State in accordance with the regulations.

Notice to quit

9

(1) The regulations may provide that if—

(a) as a result of support provided under section 95, a person has a tenancy or a licence to occupy accommodation,

(b) one or more of the conditions mentioned in sub-paragraph (2) are satisfied, and

his tenancy or licence is to be treated as ending with the period specified in that notice, regardless of when it could otherwise be brought to an end.

(2) The conditions are that—

(a) the support provided under section 95 is suspended or discontinued as a result of any provision of a kind mentioned in paragraph 8;

(b) the relevant claim for asylum has been determined;

(d) he is to be moved to other accommodation.

Contributions to support

10

The regulations may make provision requiring a supported person to make payments to the Secretary of State, in prescribed circumstances, by way of contributions to the cost of the provision of that support.

Recovery of sums by Secretary of State

11

(1) The regulations may provide for the recovery by the Secretary of State of sums representing the whole or part of the monetary value of support provided to a person under section 95 where it appears to the Secretary of State—

(a) that that person had, at the time when he applied for support, assets of any kind in the United Kingdom or elsewhere which were not capable of being realised; but

(b) that those assets have subsequently become, and remain, capable of being realised.

(2) An amount recoverable under regulations made by virtue of sub-paragraph (1) may be recovered—

(a) as if it were a debt due to the Secretary of State; or

(b) by such other method of recovery, including by deduction from support provided under section 95 as may be prescribed.

Procedure

12

The regulations may make provision with respect to procedural requirements including, in particular, provision as to—

(a) the procedure to be followed in making an application for support;

(b) the information which must be provided by the applicant;

(c) the circumstances in which an application may not be entertained (which may, in particular, provide for an application not to be entertained where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries under paragraph (d));

(d) the making of further enquiries by the Secretary of State;

(e) the circumstances in which, and person by whom, a change of circumstances of a prescribed description must be notified to the Secretary of State.

SCHEDULE 9

1

(1) The Secretary of State may by regulations make provision requiring prescribed local authorities or local authorities falling within a prescribed description of authority to provide support, during the interim period, to eligible persons.

(2) “Eligible persons” means—

(a) asylum-seekers, or

(b) their dependants,

who appear to be destitute or to be likely to become destitute within such period as may be prescribed.

(3) For the purposes of sub-paragraph (1), in Northern Ireland, a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) is to be treated as a local authority.

2

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