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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) The regulations must provide for the question whether a person is an eligible person to be determined by the local authority concerned.

(2) The regulations may make provision for support to be provided, before the determination of that question, to a person making a claim for support under the regulations by the Secretary of State or such local authority as may be prescribed.

(3) “The local authority concerned” has such meaning as may be prescribed.

3

Subsections (3) to (8) of section 95 apply for the purposes of the regulations as they apply for the purposes of that section, but for the references in subsections (5) and (7) to the Secretary of State substitute references to the local authority concerned.

4

The regulations may prescribe circumstances in which support for an eligible person—

(a) must be provided;

(b) must or may be refused; or

5

The regulations may provide that support—

(a) is to be provided in prescribed ways;

(b) is not to be provided in prescribed ways.

6

The regulations may include provision—

(a) as to the level of support that is to be provided;

(b) for support to be provided subject to conditions;

(d) requiring a copy of any such conditions to be given to such person as may be prescribed.

7

The regulations may make provision that, in providing support, a local authority—

(a) are to have regard to such matters as may be prescribed;

(b) are not to have regard to such matters as may be prescribed.

8

The regulations may include provision—

(a) prescribing particular areas, or descriptions of area, (which may include a locality within their own area) in which a local authority may not place asylum-seekers while providing support for them;

(b) prescribing circumstances in which a particular area, or description of area, (which may include a locality within their own area) is to be one in which a local authority may not place asylum-seekers while providing support for them;

9

(1) The regulations may make provision for the referral by one local authority to another of a claim for support made under the regulations if the local authority to whom the claim is made consider that it is not manifestly unfounded but—

(a) they are providing support for a number of asylum-seekers equal to, or greater than, the maximum number of asylum-seekers applicable to them; or

(b) they are providing support for a number of eligible persons equal to, or greater than, the maximum number of eligible persons applicable to them.

(2) For the purposes of any provision made as a result of sub-paragraph (1), the regulations may make provision for the determination by the Secretary of State of—

(a) the applicable maximum number of asylum-seekers;

(b) the applicable maximum number of eligible persons.

(3) The regulations may make provision for any such determination to be made—

(a) for local authorities generally;

(b) for prescribed descriptions of local authority; or

(4) The regulations may provide that a referral may not be made—

(a) to a prescribed local authority;

(b) to local authorities of a prescribed description; or

(5) The regulations may make provision for the payment by a local authority of any reasonable travel or subsistence expenses incurred as a result of a referral made by them.

(6) The regulations may make provision for the transfer of a claim for support, or responsibility for providing support, under the regulations from one local authority to another on such terms as may be agreed between them.

(7) In exercising any power under the regulations to refer or transfer, a local authority must have regard to such guidance as may be issued by the Secretary of State with respect to the exercise of the power.

10

(1) The regulations may make provision for the referral of claims for support made to the Secretary of State to prescribed local authorities or local authorities of a prescribed description.

(2) The regulations may make provision for the payment by the Secretary of State of any reasonable travel or subsistence expenses incurred as a result of a referral made by him as a result of provision made by virtue of sub-paragraph (1).

11

The regulations may make provision requiring prescribed local authorities or other prescribed bodies to give reasonable assistance to local authorities providing support under the regulations.

12

The regulations may make provision for the procedure for making and determining claims for support.

13

The regulations may make provision for an asylum-seeker or a dependant of an asylum-seeker who has received, or is receiving, any prescribed description of support from a local authority to be taken to have been accepted for support under the regulations by a prescribed local authority.

14

A person entitled to support under the regulations is not entitled to any prescribed description of support, except to such extent (if any) as may be prescribed.

15

“The interim period” means the period—

(a) beginning on such day as may be prescribed for the purposes of this paragraph; and

(b) ending on such day as may be so prescribed.

SCHEDULE 10

Adjudicators

1

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Terms and conditions of appointment

2

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Remuneration, expenses and pensions

3

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Compensation

4

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Staff

5

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Expenditure

6

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Proceedings

7

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SCHEDULE 11

Obtaining certificates of authorisation by false pretences

1

A person who, for the purpose of obtaining a certificate of authorisation for himself or for any other person—

(a) makes a statement which he knows to be false in a material particular, or

(b) recklessly makes a statement which is false in a material particular,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Powers and duties of detainee custody officers

2

(1) A detainee custody officer exercising custodial functions has power—

(a) to search (in accordance with rules made by the Secretary of State) any detained person in relation to whom the officer is exercising custodial functions; and

(b) to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.

(2) The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.

(3) As respects a detained person in relation to whom he is exercising custodial functions, it is the duty of a detainee custody officer—

(a) to prevent that person’s escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;

(d) to attend to his wellbeing.

(4) The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.

Short-term holding facilities and pre-departure accommodation

3

(1) A detainee custody officer may perform functions of a custodial nature at a short-term holding facility or in pre-departure accommodation (whether or not he is authorised to perform custodial functions at a removal centre).

(2) When doing so, he is to have the same powers and duties in relation to the facility or accommodation and persons detained there as he would have if the facility or accommodation were a removal centre.

Assaulting a detainee custody officer

4

A person who assaults a detainee custody officer who is—

(a) acting in accordance with escort arrangements,

(b) performing custodial functions, ...

(d) performing functions under section 51 of the Immigration Act 2016 (search for nationality documents),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Obstructing detainee custody officers

5

A person who resists or wilfully obstructs a detainee custody officer who is—

(a) acting in accordance with escort arrangements,

(b) performing custodial functions, ...

(d) performing functions under section 51 of the Immigration Act 2016 (search for nationality documents),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Uniforms and badges

6

For the purposes of paragraphs 4 and 5, a detainee custody officer is not to be regarded as acting in accordance with escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

Suspension and revocation of certificates of authorisation

7

(1) If it appears to the Secretary of State that a detainee custody officer is not a fit and proper person to perform escort functions or custodial functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions.

(2) If it appears to the escort monitor that a detainee custody officer is not a fit and proper person to perform escort functions, he may—

(a) refer the matter to the Secretary of State; or

(b) in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.

(3) If it appears to the contract monitor for the removal centre concerned that a detainee custody officer is not a fit and proper person to perform custodial functions, he may—

(a) refer the matter to the Secretary of State; or

(b) in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.

SCHEDULE 12

Measuring and photographing detained persons

1

(1) Removal centre rules may (among other things) provide for detained persons to be measured and photographed.

(2) The rules may, in particular, prescribe—

(a) the time or times at which detained persons are to be measured and photographed;

(b) the manner and dress in which they are to be measured and photographed; and

(c) the numbers of copies of measurements or photographs that are to be made and the persons to whom they are to be sent.

Testing for drugs or alcohol

2

(1) If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with removal centre rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining—

(a) whether he has a drug in his body; or

(b) whether he has alcohol in his body.

(2) The sample required may be one or more of the following—

(a) a sample of urine;

(b) a sample of breath;

(3) Sub-paragraph (2)(c)—

(a) applies only if the authorisation so provides; and

(b) does not authorise the taking of an intimate sample.

(4) “Authorisation” means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular removal centre.

(5) “Drug” means a drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971.

(6) “Specified” means specified in the authorisation.

(7) “Intimate sample”—

(a) in relation to England and Wales, has the same meaning as in Part V of the Police and Criminal Evidence Act 1984;

(b) in relation to Scotland, means—

(i) a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(ii) a dental impression;

(iii) a swab taken from a person’s body orifice other than the mouth; and

(c) in relation to Northern Ireland, has the same meaning as in Part VI of the Police and Criminal Evidence (Northern Ireland) Order 1989.

Medical examinations

3

(1) This paragraph applies if—

(a) an authorisation is in force for a removal centre; and

(b) there are reasonable grounds for believing that a person detained in the centre is suffering from a disease which is specified in an order in force under sub-paragraph (7).

(2) A detainee custody officer may require the detained person to submit to a medical examination at the centre.

(3) The medical examination must be conducted in accordance with removal centre rules.

(4) A detained person who fails, without reasonable excuse, to submit to a medical examination required under this paragraph is guilty of an offence.

(5) A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.

(6) “Authorisation” means an authorisation given by the manager of the removal centre for the purpose of this paragraph.

(7) The Secretary of State may by order specify any disease which he considers might, if a person detained in a removal centre were to suffer from it, endanger the health of others there.

Assisting detained persons to escape

4

(1) A person who aids any detained person in escaping or attempting to escape from a removal centre , a short-term holding facility or pre-departure accommodation is guilty of an offence.

(2) A person who, with intent to facilitate the escape of any detained person from a removal centre , a short-term holding facility or pre-departure accommodation —

(a) conveys any thing into the centre , facility or accommodation or to a detained person,

(b) sends any thing (by post or otherwise) into the centre , facility or accommodation or to a person detained there,

(c) places any thing anywhere outside the centre , facility or accommodation with a view to its coming into the possession of a person detained there,

is guilty of an offence.

(3) 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 two years or to a fine or to both.

Alcohol

5

(1) A person who, contrary to removal centre rules, brings or attempts to bring any alcohol into a removal centre, or to a detained person, is guilty of an offence.

(2) A person who places alcohol anywhere outside a removal centre, intending that it should come into the possession of a detained person there, is guilty of an offence.

(3) A detainee custody officer or any other person on the staff of a removal centre who, contrary to removal centre rules, allows alcohol to be sold or used in the centre is guilty of an offence.

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

(5) “Alcohol” means any spirituous or fermented liquor.

Introduction of other articles

6

(1) A person who—

(a) conveys or attempts to convey any thing into or out of a removal centre or to a detained person, contrary to removal centre rules, and

(b) is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

(2) A person who—

(a) places any thing anywhere outside a removal centre, intending it to come into the possession of a detained person, and

(b) is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

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

Notice of penalties

7

(1) In the case of a contracted out removal centre, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable to be fixed outside the centre in a conspicuous place.

(2) In the case of any other removal centre, the Secretary of State must cause such a notice to be fixed outside the centre in a conspicuous place.

8

(1) In the case of a contracted out short-term holding facility or contracted out pre-departure accommodation , the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility or contracted out pre-departure accommodation in a conspicuous place.

(2) In the case of any other short-term holding facility or pre-departure accommodation , the Secretary of State must cause such a notice to be fixed outside the facility or pre-departure accommodation in a conspicuous place.

SCHEDULE 13

Monitoring of escort arrangements

1

(1) Escort arrangements must include provision for the appointment of a Crown servant as escort monitor.

(2) The escort monitor must—

(a) keep the escort arrangements under review and report on them to the Secretary of State as required in accordance with the arrangements;

(b) from time to time inspect the conditions in which detained persons are transported or held in accordance with the escort arrangements;

(c) make recommendations to the Secretary of State, with a view to improving those conditions, whenever he considers it appropriate to do so;

(d) investigate, and report to the Secretary of State on, any allegation made against a detainee custody officer or prisoner custody officer in respect of any act done, or failure to act, when carrying out functions under the arrangements;

(3) Paragraph (d) of sub-paragraph (2) does not apply in relation to—

(a) detainee custody officers employed as part of the Secretary of State’s staff; or

(b) an act or omission of a prisoner custody officer so far as it falls to be investigated by a prisoner escort monitor under section 81 of the Criminal Justice Act 1991 or under section 103 or 119 of the Criminal Justice and Public Order Act 1994.

Powers and duties of detainee custody officers

2

(1) A detainee custody officer acting in accordance with escort arrangements has power—

(a) to search (in accordance with rules made by the Secretary of State) any detained person for whose delivery or custody the officer is responsible in accordance with the arrangements; and

(b) to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.

(2) The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.

(3) As respects a detained person for whose delivery or custody he is responsible in accordance with escort arrangements, it is the duty of a detainee custody officer—

(a) to prevent that person’s escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;

(d) to attend to his wellbeing.

(4) The Secretary of State may make rules with respect to the performance by detainee custody officers of their duty under sub-paragraph (3)(d).

(5) The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.

Breaches of discipline

3

(1) Sub-paragraph (2) applies if a detained person for whose delivery or custody a person (“A”) has been responsible in accordance with escort arrangements is delivered to a removal centre.

(2) The detained person is to be treated, for the purposes of such removal centre rules as relate to disciplinary offences, as if he had been in the custody of the director of the removal centre at all times while A was so responsible.

(3) Sub-paragraph (4) applies if a detained person for whose delivery or custody a person (“B”) has been responsible in accordance with escort arrangements is delivered to a prison.

(4) The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible.

(5) “Director” means—

(a) in the case of a contracted out removal centre, the person appointed by the Secretary of State in relation to the centre under section 149 or such other person as the Secretary of State may appoint for the purposes of this paragraph;

(b) in the case of any other removal centre, the manager of the removal centre.

(6) This paragraph does not authorise the punishment of a detained person under removal centre rules or prison rules in respect of any act or omission of his for which he has already been punished by a court.

(7) “Prison rules” means—

(a) rules made under section 47 of the Prison Act 1952;

(b) rules made under section 19 of the Prisons (Scotland) Act 1989;

SCHEDULE 14

The Marriages (Ireland) Act 1844 (c. 81)

1

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The Marriage Law (Ireland) Amendment Act 1863 (c. 27)

2

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The Marriage Act 1949 (c. 76)

3

The Marriage Act 1949 is amended as follows.

4

In section 3(1) (marriages of persons under 21)—

(a) for “a certificate” substitute “ certificates ”; and

(b) omit “whether by licence or without licence,”.

5

In section 5 (methods of authorising marriages), in paragraph (d), for “a certificate” substitute “ certificates ”.

6

In section 17 (marriage under superintendent registrar’s certificate)—

(a) for “a certificate” substitute “ certificates ”; and

(b) for “notice of marriage and certificate” substitute “ notices of marriage and certificates ”.

7

In section 25 (void marriages)—

(a) in paragraph (b), for “a certificate” substitute “ certificates ”;

(b) in paragraph (c), for “a certificate of a superintendent registrar which is” substitute “ certificates of a superintendent registrar which are ”; and

(c) in paragraph (d), for “a certificate” substitute “ certificates ” and for “notice of marriage and certificate” substitute “ notices of marriage and certificates ”.

8

In section 27(1) (notice of marriage), for “a certificate” substitute “ certificates ”.

9

In section 27A (additional information required in certain cases)—

(a) in subsections (2) and (3), for the first “the notice” substitute “ each notice ”;

(b) in subsection (4), for the first “The person” substitute “ Each person ”; and

10

In section 27B (provisions relating to section 1(3) marriages)—

(a) in subsection (1), for “a certificate” substitute “ certificates ”;

(b) in subsections (4) and (6), omit “or licence”; and

11

In section 28(1) (declaration to accompany notice of marriage), omit “or licence” and for paragraph (b) substitute—

(b) that the persons to be married have for the period of 7 days immediately before the giving of the notice had their usual places of residence within the registration district or registration districts in which notice is given;

12

In section 29 (caveat against issue of certificate or licence), omit every “or licence”.

13

In section 30 (provision for issue of certificate to be forbidden) for first “a certificate” substitute “ certificates ”.

14

In section 31 (marriage certificates)—

(a) in subsections (1) and (4), for “a certificate” substitute “ certificates ”; and

(b) in subsection (5), for “one of the persons to be married” substitute “ the person by whom notice of marriage was given ”.

15

For section 33 substitute—

(33) (1) A marriage may be solemnized on the authority of certificates of a superintendent registrar at any time within the period which is the applicable period in relation to that marriage. (2) If the marriage is not solemnized within the applicable period— (a) the notices of marriage and the certificates are void; and (b) no person may solemnize the marriage on the authority of those certificates. (3) The applicable period, in relation to a marriage, is the period beginning with the day on which the notice of marriage was entered in the marriage notice book and ending— (a) in the case of a marriage which is to be solemnized in pursuance of section 26(1)(dd), 37 or 38, on the expiry of three months; and (b) in the case of any other marriage, on the expiry of twelve months. (4) If the notices of marriage given by each person to be married are not given on the same date, the applicable period is to be calculated by reference to the earlier of the two dates.

16

For section 34 substitute—

(34) Subject to section 35, a superintendent registrar may not issue a certificate for the solemnization of a marriage elsewhere than within a registration district in which one of the persons to be married has resided for 7 days immediately before the giving of the notice of marriage.

17

(1) Section 35 (marriages in registration district in which neither party resides) is amended as follows.

(2) In subsection (1)—

(a) omit “, or if the marriage is to be by licence, a certificate and a licence,”; and

(b) for “or certificate and licence is issued” substitute “ is issued in respect of each of the persons to be married ”.

(3) In subsections (2) and (4), omit “or, if the marriage is to be by licence, a certificate and a licence,”.

(4) In subsections (2A) and (2B), omit “or, if the marriage is to be by licence, a certificate and licence,”.

(5) In subsection (5)—

(a) for “a certificate” substitute “ certificates ”;

(b) for “the notice” substitute “ each notice ”; and

18

Omit section 36 (superintendent registrar not normally to issue licences for marriages in registered buildings outside his district).

19

In section 37(1) (one party resident in Scotland)—

(a) for first “a certificate” substitute “ certificates ”; and

(b) omit “without licence”.

20

(1) Section 38 (one party resident in Northern Ireland) is amended as follows.

(2) In subsection (1)—

(a) for “a certificate” substitute “ certificates ”; and

(b) omit “without licence”.

(3) In subsection (2), for “and place of residence” substitute “ , place of residence and nationality ”.

(4) In subsection (3), for “twenty-one” substitute “ 15 ”.

21

In section 39(1) (issue of certificates on board Her Majesty’s ships)—

(a) for first “a certificate” substitute “ certificates ”; and

(b) omit “without licence”.

22

In section 40 (forms of certificates for marriage), omit subsection (2).

23

In section 44(1) (solemnization of marriage in registered buildings), for “a notice of marriage and certificate” substitute “ the notices of marriage and certificates ”.

24

In section 45(1) (solemnization of marriage in register office)—

(a) for “a certificate” substitute “ certificates ”;

(b) for first “notice” substitute “ notices ”;

(d) for “certificate or certificate and licence, as the case may be, has or” substitute “ certificates ”.

25

In section 47(2) (marriages according to usages of Society of Friends), in paragraph (a), for “the person” substitute “ each person ”.

26

In section 48(1) (proof of certain matters not necessary to validity of marriages), in paragraph (a), for “notice” substitute “ notices ”.

27

In section 49 (void marriages)—

(a) in paragraph (b), after “issued” insert “ , in respect of each of the persons to be married, ”;

(b) omit paragraph (c);

(d) in paragraph (e), for “notice” substitute “ notices ” and for “certificate” substitute “ certificates ”.

28

In section 50 (person to whom certificate to be delivered)—

(a) in subsection (1), for “a certificate” substitute “ certificates ” and omit “the certificate or, if notice of marriage has been given to more than one superintendent registrar,”;

(b) omit subsection (2); and

29

In section 51(1) (fees of registrars for attending marriages), omit from first “the sum” to “case,”.

30

(1) Section 75 (offences relating to solemnization of marriages) is amended as follows.

(2) In subsection (1)(b), for “a certificate” substitute “ certificates ”.

(3) In subsection (2)—

(a) in paragraph (a)(ii), for “notice of marriage and certificate” substitute “ notices of marriage and certificates ”;

(b) in paragraph (d), for “a certificate” substitute “ certificates ” and for from “(not being” to “book” substitute “ before the expiry of the waiting period in relation to each notice of marriage ”; and

(4) After subsection (2), insert—

(2A) In subsection (2)(d) “the waiting period” has the same meaning as in section 31(4A).

(5) In subsection (3), for paragraph (a) substitute—

(a) issues any certificate for marriage before the expiry of 15 days from the day on which the notice of marriage was entered in the marriage notice book;

(6) In subsection (3), in paragraph (b), omit “or licence”.

31

In section 78(3) (interpretation), in paragraph (a), for “the notice” substitute “ each notice ”.

32

In Schedule 4 (provisions of Act which are excluded or modified in their application to naval, military and air force chapels), in Part III (exclusion of provisions relating to marriages otherwise than according to the rites of the Church of England), omit “The proviso to subsection (2) of section twenty-six”.

The Prison Act 1952 (c. 52)

33

In section 55 of the Prison Act 1952 (provisions extending to Scotland) at the end insert—

(4A) Subsections (2) to (5) of section 5A, as applied by subsection (5A) of that section, extend to Scotland.

The Firearms Act 1968 (c. 27)

34

The Firearms Act 1968 is amended as follows.

35

In Schedule 1 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 5B insert—

5C. An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).

36

In Schedule 2 (which lists corresponding Scottish offences), after paragraph 13A insert—

13B. An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).

The Family Law Reform Act 1969 (c. 46)

37

In section 2(3) (provisions relating to marriage), omit “or licence” in both cases.

The Marriage (Registrar General’s Licence) Act 1970 (c. 34)

38

The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.

39

In section 1(1) (marriages which may be solemnised by Registrar General’s licence), for “a certificate” substitute “ certificates ”.

40

In section 5 (caveat against issue of Registrar General’s licence), omit “or licence”.

41

In section 6 (marriage of persons under 18), for “a certificate” substitute “ certificates ”.

42

In section 13 (void marriages)—

(a) in paragraph (a), for ““certificate” substitute “ “certificates ” and for ““Registrar” substitute “ “a Registrar ”; and

(b) omit paragraph (b).

The Immigration Act 1971 (c. 77)

43

The 1971 Act is amended as follows.

44

(1) In section 3 (general provisions for regulation and control), in subsection (1)(a), after “in accordance with” insert “ the provisions of, or made under, ”.

(2) In section 3, for subsection (5) substitute—

(5) A person who is not a British citizen is liable to deportation from the United Kingdom if— (a) the Secretary of State deems his deportation to be conducive to the public good; or (b) another person to whose family he belongs is or has been ordered to be deported.

45

In section 4(1) (giving or refusal of leave to enter or remain to be in writing except where allowed by the Act) for “allowed by” substitute “ allowed by or under ”.

46

In section 7(1) (exemption of certain residents from deportation)—

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

(b) in paragraph (b), for “, (b) or (c)” substitute “or (b) or 10 of the Immigration and Asylum Act 1999”.

47

(1) Section 10 (entry otherwise than by sea or air) is amended as follows.

(2) In subsection (1), omit from “and any such Order” to the end.

(3) After subsection (1), insert—

(1A) Her Majesty may by Order in Council direct that paragraph 27B or 27C of Schedule 2 shall have effect in relation to trains or vehicles as it has effect in relation to ships or aircraft. (1B) Any Order in Council under this section may make— (a) such adaptations or modifications of the provisions concerned, and (b) such supplementary provisions, as appear to Her Majesty to be necessary or expedient for the purposes of the Order.

(4) In subsection (2), for “this section” substitute “ subsection (1) ”.

48

In section 11(1) (entry to the United Kingdom), at the end insert “ or by Part III of the Immigration and Asylum Act 1999 ”.

49

Omit Part II.

50

In section 24 (illegal entry and similar offences), omit subsections (1)(aa) and (2).

51

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

52

(1) Section 27 (offences by persons connected with ships or aircraft) is amended as follows.

(2) In paragraph (a)(ii), after “Schedule 2 or 3” insert “ or under the Immigration and Asylum Act 1999 ”.

(3) In paragraph (b)(iii)—

(a) after “arrangements for” insert “ or in connection with ”; and

(b) at the end insert

or under the Immigration and Asylum Act 1999; or (iv) he fails, without reasonable excuse, to comply with the requirements of paragraph 27B or 27C of Schedule 2;

53

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

54

(1) Section 32 (proof of documents) is amended as follows.

(2) In subsection (2)—

(a) for “this Act” substitute “ the Immigration Acts ”; and

(b) after second “by him” insert “ or on his behalf ”.

(3) In subsection (3), for “proceedings under Part II of this Act” substitute “ other proceedings under the Immigration Acts ”.

(4) In subsection (4)—

(a) for first “this Act” substitute “ the Immigration Acts ”; and

(b) for “proceedings under Part II of this Act” substitute “ other proceedings under the Immigration Acts ”.

(5) After subsection (4) insert—

(5) “Immigration Acts” has the same meaning as in the Immigration and Asylum Act 1999.

(6) The amendments made by sub-paragraphs (2)(a) and (5) apply whenever the document in question was made or issued.

55

In section 33 (interpretation), for subsection (4) substitute—

(4) For the purposes of this Act, the question of whether an appeal is pending shall be determined— (a) in relation to an appeal to the Special Immigration Appeals Commission, in accordance with section 7A of the Special Immigration Appeals Commission Act 1997; (b) in any other case, in accordance with section 58(5) to (10) of the Immigration and Asylum Act 1999

56

In Schedule 2 (administrative provisions as to control on entry), in paragraph 2(1) (purposes for which persons arriving in the United Kingdom may be examined), for paragraph (c) substitute—

(c) whether, if he may not— (i) he has been given leave which is still in force, (ii) he should be given leave and for what period or on what conditions (if any), or (iii) he should be refused leave.

57

In Schedule 2, after paragraph 2, insert—

(2A) (1) This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival. (2) He may be examined by an immigration officer for the purpose of establishing— (a) whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled; (b) whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or (c) whether there are medical grounds on which that leave should be cancelled. (3) He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled. (4) He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector. (5) A person examined under this paragraph may be required by the officer or inspector to submit to further examination. (6) A requirement under sub-paragraph (5) does not prevent a person who arrives— (a) as a transit passenger, (b) as a member of the crew of a ship or aircraft, or (c) for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft. (7) An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed. (8) An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter. (9) Cancellation of a person’s leave under sub-paragraph (8) is to be treated for the purposes of this Act and Part IV of the Immigration and Asylum Act 1999 as if he had been refused leave to enter at a time when he had a current entry clearance. (10) A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.

58

In Schedule 2, in paragraph 4(1) and (2) (production of information and documents in connection with examinations), after “paragraph 2” insert “ , 2A ”.

59

In Schedule 2, for paragraph 7 substitute—

(7) (1) This paragraph applies if an immigration officer examining a person under paragraph 2 decides— (a) that he may be given leave to enter the United Kingdom; but (b) that a further medical test or examination may be required in the interests of public health. (2) This paragraph also applies if an immigration officer examining a person under paragraph 2A decides— (a) that his leave to enter the United Kingdom should not be cancelled; but (b) that a further medical test or examination may be required in the interests of public health. (3) The immigration officer may give the person concerned notice in writing requiring him— (a) to report his arrival to such medical officer of health as may be specified in the notice; and (b) to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require. (4) In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of— (a) a medical inspector; or (b) if no medical inspector is available, a fully qualified medical practitioner.

60

In Schedule 2, in paragraph 16 (detention of persons liable to examination), after sub-paragraph (1), insert—

(1A) A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending— (a) completion of his examination under that paragraph; and (b) a decision on whether to cancel his leave to enter.

61

In Schedule 2, in paragraph 18 (treatment of persons detained), after sub-paragraph (2) insert—

(2A) The power conferred by sub-paragraph (2) includes power to take fingerprints.

62

In Schedule 2, paragraph 21 (temporary admission of persons liable to detention) is amended as follows.

(2) After sub-paragraph (2) insert—

(2A) The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by regulations made by the Secretary of State. (2B) The regulations may, among other things, provide for the inclusion of provisions— (a) prohibiting residence in one or more particular areas; (b) requiring the person concerned to reside in accommodation provided under section 4 of the Immigration and Asylum Act 1999 and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him. (2C) The regulations may provide that a particular description of provision may be imposed only for prescribed purposes. (2D) The power to make regulations conferred by this paragraph is exercisable by statutory instrument and includes a power to make different provision for different cases. (2E) But no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(3) In sub-paragraph (3), after “2” insert “ or 2A ”.

(4) In sub-paragraph (4)(a), omit “under paragraph 2 above”.

63

In Schedule 2, in paragraph 22 (temporary release of persons liable to detention), in sub-paragraph (1)(a), after “examination;” insert—

(aa) a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter;

64

(1) In Schedule 2, paragraph 26 (supplementary duties of those connected with ships or aircraft or with ports) is amended as follows.

(2) In sub-paragraph (1), omit “and have not been given leave”.

(3) After sub-paragraph (1) insert—

(1A) Sub-paragraph (1) does not apply in such circumstances, if any, as the Secretary of State may by order prescribe.

(4) After sub-paragraph (3) insert—

(3A) The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament.

65

In Schedule 2, omit paragraph 28.

66

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

67

In Schedule 2, in paragraph 34 (grant of bail pending removal), in sub-paragraph (1), after “examination” insert “ , detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter ”.

68

In Schedule 3, in paragraph 2(4) (application of certain provisions if person detained under Schedule 3), for “and 18” substitute “ ,18 and 25A to 25E ”.

69

In Schedule 3 (supplementary provision as to deportation), in paragraph 3—

(a) for “16 or 17” substitute “ 66 or 67 of the Immigration and Asylum Act 1999 ”;

(b) omit “in paragraph 28(2), (3) and (6) and”; and

70

In Schedule 4 (integration of United Kingdom and Islands immigration law), for paragraph 3 (deportation) substitute—

(3) (1) This Act has effect in relation to a person who is subject to an Islands deportation order as if the order were a deportation order made against him under this Act. (2) Sub-paragraph (1) does not apply if the person concerned is— (a) a British citizen; (b) an EEA national; (c) a member of the family of an EEA national; or (d) a member of the family of a British citizen who is neither such a citizen nor an EEA national. (3) The Secretary of State does not, as a result of sub-paragraph (1), have power to revoke an Islands deportation order. (4) In any particular case, the Secretary of State may direct that paragraph (b), (c) or (d) of sub-paragraph (2) is not to apply in relation to the Islands deportation order. (5) Nothing in this paragraph makes it unlawful for a person in respect of whom an Islands deportation order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom. (6) “Islands deportation order” means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return. (7) Subsections (10) and (12) to (14) of section 80 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section.

The House of Commons Disqualification Act 1975 (c. 24)

71

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—

(a) omit—

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

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

72

In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices)—

(a) omit—

(b) ...

The Protection from Eviction Act 1977 (c. 43)

73

In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), after subsection (7), insert—

(7A) A tenancy or licence is excluded if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

The Education (Scotland) Act 1980 (c. 44)

74

Section 53 of the Education (Scotland) Act 1980 (requirement to provide school meals etc) is amended as follows—

(a) in subsection (3)—

(i) for the words from the beginning to “an”, where it occurs for the second time, substitute—

(3) Subsection (3AA) below applies in relation to a pupil— (a) whose parents are in receipt of— (i) income support; (ii) an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995); or (iii) support provided under Part VI of the Immigration and Asylum Act 1999; or (b) who is himself in receipt of income support or an income-based jobseeker’s allowance. (3AA) An

; and

(ii) for “him”, where it occurs for the first time, substitute “ the pupil ”; and

(b) in subsection (3A), for “Subsections (1), (2) and (3)” substitute “ Subsections (1) to (3AA) ”.

The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))

75

In Schedule 1 to the Firearms (Northern Ireland) Order 1981 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 4 insert—

(4A) An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).

The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

76

In Article 98(11) of the Magistrates’ Courts (Northern Ireland) Order 1981 (enforcement of orders for periodical payment of money), at the end, insert—

(k) section 113 of the Immigration and Asylum Act 1999.

The Marriage Act 1983 (c. 32)

77

In section 1 of the Marriage Act 1983 (marriages of house-bound and detained persons in England and Wales)—

(a) in subsection (1), for “a superintendent registrar’s certificate” substitute “ certificates of a superintendent registrar ”; and

(b) in subsection (2)(a), for “the notice” substitute “ each notice ”.

The Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))

78

In Schedule 2 to the Housing (Northern Ireland) Order 1983 (tenancies which are not secure tenancies), after paragraph 3, insert—

(3A) (1) A tenancy is not a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999. (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.

The Rent (Scotland) Act 1984 (c. 58)

79

In section 23A of the Rent (Scotland) Act 1984 (excluded tenancies and occupancy rights), after subsection (5) insert—

(5A) Nothing in section 23 of this Act applies to a tenancy or right of occupancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

The Police and Criminal Evidence Act 1984 (c. 60)

80

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 8 (power of justice to authorise entry and search of premises), at the end insert—

(6) This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence.

(3) In section 22 (retention), at the end insert—

(6) This section also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971.

(4) In section 61 (fingerprints), in subsection (9)(a), after “1971” insert “ , section 141 of the Immigration and Asylum Act 1999 or regulations made under section 144 of that Act ”.

The Housing Act 1985 (c. 68)

81

In Schedule 1 to the Housing Act 1985 (tenancies which cannot be secure tenancies), after paragraph 4, insert—

(4A) (1) A tenancy is not a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999. (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.

The Housing (Scotland) Act 1987 (c. 26)

82

In Schedule 2 to the Housing (Scotland) Act 1987 (tenancies which cannot be secure tenancies), after paragraph 5 insert—

(5A) (1) A tenancy shall not be a secure tenancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999. (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy.

The Immigration Act 1988 (c. 14)

83

The Immigration Act 1988 is amended as follows.

84

Omit section 5 (restricted right of appeal against deportation in cases of breach of limited leave).

85

Omit section 8 (examination of passengers before arrival).

86

Omit section 9 (charges).

The Housing (Scotland) Act 1988 (c. 43)

87

In Schedule 4 to the Housing (Scotland) Act 1988 (tenancies which cannot be assured tenancies), after paragraph 11A insert—

(11B) A tenancy granted under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under Part VI of the Immigration and Asylum Act 1999.

The Housing Act 1988 (c. 50)

88

In Schedule 1 to the Housing Act 1988 (tenancies which are not assured tenancies), after paragraph 12, insert—

(12A) (1) A tenancy granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under Part VI of the Immigration and Asylum Act 1999. (2) “Private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985.

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

89

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

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

90

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.

(2) In Article 10 (provision for Northern Ireland corresponding to section 8 of the 1984 Act), at the end insert—

(6) This Article applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence.

(3) In Article 24 (provision for Northern Ireland corresponding to section 22 of the 1984 Act), at the end insert—

(6) This Article also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971.

(4) In Article 61 (fingerprints) in paragraph (9)(a), after “1971” insert “ , section 141 of the Immigration and Asylum Act 1999 or regulations made under section 144 of that Act ”.

The Courts and Legal Services Act 1990 (c. 41)

91

(1) The Courts and Legal Services Act 1990 is amended as follows.

(2) In Schedule 10 (judicial and other appointments), omit paragraph 34.

(3) In Schedule 11 (judges etc. barred from legal practice), in the entry relating to the Immigration Appeal Tribunal, omit “appointed under Schedule 5 to the Immigration Act 1971” and after that entry insert—

Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)

92

In the Social Security Contributions and Benefits Act 1992, omit section 146A (persons subject to immigration control).

93

In the Social Security Contributions and Benefits (Northern Ireland) Act 1992, omit section 142A (persons subject to immigration control).

The Tribunals and Inquiries Act 1992 (c. 53)

94

The Tribunals and Inquiries Act 1992 is amended as follows.

95

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

96

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

97

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

The Judicial Pensions and Retirement Act 1993 (c. 8)

98

(1) The Judicial Pensions and Retirement Act 1993 is amended as follows.

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

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

(4) In Schedule 6 (retirement date for certain judicial offices), omit paragraphs 37 and 38.

The Asylum and Immigration Appeals Act 1993 (c. 23)

99

The Asylum and Immigration Appeals Act 1993 is amended as follows.

100

Omit section 3 (fingerprinting).

101

Omit sections 4 and 5 and Schedule 1 (housing of asylum-seekers and their dependants).

102

(1) Omit section 6 (protection of asylum claimants from deportation etc.).

(2) This paragraph is to be treated as having come into force on 26th July 1993.

103

Omit section 7 (curtailment of leave).

104

Omit sections 8, 9, 10 and 11 and Schedule 2 (which relate to appeals).

105

For paragraph (a) of section 9A(1) (bail pending appeal from Immigration Appeal Tribunal), substitute—

(a) has an appeal under Part IV of the Immigration and Asylum Act 1999 which is pending by reason of an appeal, or an application for leave to appeal;

106

In section 9A(6), for “section 9 above” substitute “ paragraph 23 of Schedule 4 of the Immigration and Asylum Act 1999 ”.

107

Omit section 12 (carriers’ liability).

The Asylum and Immigration Act 1996 (c. 49)

108

The Asylum and Immigration Act 1996 is amended as follows.

109

Omit section 7 (power of arrest and search warrants).

110

Omit section 9 (entitlement to housing accommodation and assistance).

111

Omit section 10 (entitlement to child benefit).

112

Omit section 11 (saving for social security regulations).

113

Omit Schedule 1 (modifications of social security regulations).

114

In Schedule 2, omit sub-paragraphs (2) and (3) of paragraph 1, paragraph 3 and paragraph 4(2) (which are spent as a result of this Act).

115

In Schedule 3, omit paragraphs 1, 2 and 5 (which are spent as a result of this Act).

The Housing Act 1996 (c. 52)

116

In section 183(2) of the Housing Act 1996 (interpretation of expressions related to assistance), in the definition of “eligible for assistance”, omit “or section 186 (asylum seekers and their dependants)”.

The Education Act 1996 (c. 56)

117

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

The Special Immigration Appeals Commission Act 1997 (c. 68)

118

The Special Immigration Appeals Commission Act 1997 is amended as follows.

119

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

120

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

121

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

122

In section 4 (determination of appeals), after subsection (1) insert—

(1A) If a certificate under section 70(4)(b) of the Immigration and Asylum Act 1999 has been issued, the Commission on an appeal to it under this Act may, instead of determining the appeal, quash the certificate and remit the appeal to an adjudicator.

123

In section 7 (appeals from Commission), omit subsection (4).

124

After section 7, insert—

(7A) (1) For the purposes of this Act, an appeal to the Commission is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned. (2) An appeal is not to be treated as finally determined while a further appeal may be brought. (3) If a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned. (4) A pending appeal to the Commission is to be treated as abandoned if the appellant leaves the United Kingdom. (5) A pending appeal to the Commission is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom. (6) But subsection (5) does not apply to an appeal brought under section 2(1) as a result of section 70(4) of the Immigration and Asylum Act 1999. (7) A pending appeal brought under section 2(1) as a result of section 62(3) of that Act is to be treated as abandoned if a deportation order is made against the appellant.

125

In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)—

(a) in sub-paragraph (i), for “paragraph 1 of Schedule 5 to the Immigration Act 1971” substitute “section 57(2) of the Immigration and Asylum Act 1999”; and

(b) in sub-paragraph (ii), for “paragraph 7 of that Schedule” substitute “paragraph 1(3) of Schedule 2 to that Act”.

126

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

127

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

128

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

129

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

SCHEDULE 15

Leave to enter or remain

1

(1) An order made under section 3A of the 1971 Act may make provision with respect to leave given before the commencement of section 1.

(2) An order made under section 3B of the 1971 Act may make provision with respect to leave given before the commencement of section 2.

Section 2 of the Asylum and Immigration Act 1996

2

(1) This paragraph applies in relation to any time before the commencement of the repeal by this Act of section 2 of the Asylum and Immigration Act 1996.

(2) That section has effect, and is to be deemed always to have had effect, as if the reference to section 6 of the Asylum and Immigration Appeals Act 1993 were a reference to section 15, and any certificate issued under that section is to be read accordingly.

Adjudicators and the Tribunal

3

(1) Each existing member of the Tribunal is to continue as a member of the Tribunal as if he had been duly appointed by the Lord Chancellor under Schedule 2.

(2) Each existing adjudicator is to continue as an adjudicator as if he had been duly appointed by the Lord Chancellor under Schedule 3.

(3) The terms and conditions for a person to whom sub-paragraph (1) or (2) applies remain those on which he held office immediately before the appropriate date.

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

(5) The repeal by this Act of Schedule 5 to the 1971 Act (provisions with respect to adjudicators and the Tribunal) does not affect any entitlement which an existing member or adjudicator had immediately before the appropriate date as a result of a determination made under paragraph 3(1)(b) or 9(1)(b) of that Schedule.

(6) “The appropriate date” means—

(a) in relation to existing members of the Tribunal, the date on which section 56 comes into force; and

(b) in relation to existing adjudicators, the date on which section 57 comes into force.

(7) “Existing member” means a person who is a member of the Tribunal immediately before the appropriate date.

(8) “Existing adjudicator” means a person who is an adjudicator immediately before the appropriate date.

References to justices’ chief executive

4

At any time before the coming into force of section 90 of the Access to Justice Act 1999—

(a) the reference in section 48(3)(b) to the justices’ chief executive appointed by the magistrates’ court committee whose area includes the petty sessions area for which the specified court acts is to be read as a reference to the clerk of that court; and

(b) the reference in section 28K(9)(a) and (10) of the 1971 Act (inserted by section 138) to the justices’ chief executive appointed by the magistrates’ court committee whose area includes the petty sessions area for which the justice acts is to be read as a reference to the clerk to the justices for the petty sessions area for which the justice acts.

Duties under National Assistance Act 1948

5

Section 116 has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

Duties under Health Services and Public Health Act 1968

6

Section 117(1) has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

7

Subsections (1) to (3) of section 120 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

8

Subsections (1) and (2) of section 121 have effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

Duties under National Health Service Act 1977

9

Section 117(2) has effect, in relation to any time before section 115 is brought into force, as if section 115 came into force on the passing of this Act.

Duties under Mental Health (Scotland) Act 1984

10

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

Appeals relating to deportation orders

11

Section 15 of the 1971 Act, section 5 of the Immigration Act 1988 and the Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1993 are to continue to have effect in relation to any person on whom the Secretary of State has, before the commencement of the repeal of those sections, served a notice of his decision to make a deportation order.

12

(1) Sub-paragraph (2) applies if, on the coming into force of section 10, sections 15 of the 1971 Act and 5 of the Immigration Act 1988 have been repealed by this Act.

(2) Those sections are to continue to have effect in relation to any person—

(a) who applied during the regularisation period fixed by section 9, in accordance with the regulations made under that section, for leave to remain in the United Kingdom, and

(b) on whom the Secretary of State has since served a notice of his decision to make a deportation order.

Assistance under Part VII of the Housing Act 1996

13

(1) The Secretary of State may by order provide for any provision of Part VII of the Housing Act 1996 (homelessness) to have effect in relation to section 185(2) persons, during the interim period, with such modifications as may be specified in the order.

(2) An order under this paragraph may, in particular, include provision—

(a) for the referral of section 185(2) persons by one local housing authority to another by agreement between the authorities;

(b) as to the suitability of accommodation for such persons;

(3) “Interim period” means the period beginning with the passing of this Act and ending on the coming into force of the repeal of section 186 of the Act of 1996 (asylum-seekers and their dependants) by this Act (as to which see section 117(5)).

(4) “Local housing authority” has the same meaning as in the Act of 1996.

(5) “Section 185(2) person” means a person who—

(a) is eligible for housing assistance under Part VII of the Act of 1996 as a result of regulations made under section 185(2) of that Act; and

(b) is not made ineligible by section 186 (or any other provision) of that Act.

(6) The fact that an order may be made under this paragraph only in respect of the interim period does not prevent it from containing provisions of a kind authorised under section 166(3)(a) which are to have continuing effect after the end of that period.

Provision of support

14

(1) The Secretary of State may, by directions given to a local authority to whom Schedule 9 applies, require the authority to treat the interim period fixed for the purposes of that Schedule as coming to an end—

(a) for specified purposes,

(b) in relation to a specified area or locality, or

on such earlier day as may be specified.

(2) The Secretary of State may, by directions given to an authority to whom an amended provision applies, provide for specified descriptions of person to be treated—

(a) for specified purposes, or

(b) in relation to a specified area or locality,

as being persons to whom section 115 applies during such period as may be specified.

(3) Directions given under this paragraph may—

(a) make such consequential, supplemental or transitional provision as the Secretary of State considers appropriate; and

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

(4) “Specified” means specified in the directions.

(5) “Amended provision” means any provision amended by—

(a) section 116;

(b) section 117(1) or (2);

(d) section 121.

SCHEDULE 16

Leave to remain.

False statements etc.

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

32A

(1) The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 32.

(A1) The Secretary of State must issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 31A.

(B1) The Secretary of State must have regard to the code (in addition to any other matters the Secretary of State thinks relevant)—

(a) when imposing a penalty under section 31A, and

(b) when considering a notice of objection under section 35(4) in relation to a penalty under section 31A.

(2) The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—

(a) when imposing a penalty under section 32, and

(b) when considering a notice of objection under section 35(4) in relation to a penalty under section 32 .

(3) Before issuing the code a code under this section the Secretary of State shall lay a draft before Parliament.

(4) After laying the draft code a draft code before Parliament the Secretary of State may bring the code into operation by order.

(5) The Secretary of State may from time to time revise the whole or any part of the code a code under this section and issue the code as revised.

(6) Subsections (3) and (4) also apply to a revision or proposed revision of the code a code.

Defences to claim that penalty is due under section 32.

35A

(1) A person may appeal to the court against a penalty imposed on him under section 31A or 32 on the ground that—

(a) he is not liable to the imposition of a penalty, or

(b) the amount of the penalty is too high.

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

(a) allow the appeal and cancel the penalty,

(b) allow the appeal and reduce the penalty, or

(3) An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty and shall be determined having regard to—

(a) any code of practice under section 32A which has effect at the time of the appeal, and

(b) the code of practice under section 33 which had effect at the time of the events to which the penalty relates, and

(c) any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

(4) Subsection (3) has effect despite any provision of Civil Procedure Rules.

(5) An appeal may be brought by a person under this section against a penalty whether or not—

(a) he has given notice of objection under section 35(4);

(b) the penalty has been increased or reduced under section 35(6).

36A

(1) This section applies where a person to whom a penalty notice has been issued under section 35 fails to pay the penalty before the date specified in accordance with section 35(2)(c).

(2) The Secretary of State may make arrangements for the detention of any vehicle, small ship, small aircraft or rail freight wagon which the person to whom the penalty notice was issued uses in the course of a business.

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