Legalize / United Kingdom / Public General Act

Nationality, Immigration and Asylum Act 2002

Type Public General Act

Publication 2002-11-07

Last updated 2025-12-02

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(c) make provision about the effect of failure to provide biometric information or to submit to a process (which may, in particular, include provision for an application to be disregarded or dismissed if a requirement is not satisfied);

(d) confer a function (which may include the exercise of a discretion) on an authorised person;

(e) require an authorised person to have regard to a code (with or without modification);

(f) require an authorised person to have regard to such provisions of a code (with or without modification) as may be specified by direction of the Secretary of State;

(fa) provide for biometric information to be recorded on any document issued as a result of the application in relation to which the information was provided;

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

(h) make provision which applies generally or only in specified cases or circumstances;

(i) make different provision for different cases or circumstances.

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

(6) In so far as regulations under subsection (1) require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (fingerprints: children).

(7) In so far as regulations under subsection (1) enable an authorised person to require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5), (12) and (13) of that Act (fingerprints: children).

(8) Regulations under subsection (1)—

(a) must be made by statutory instrument, and

(b) shall not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

(8A) Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.

(9) In this section—

“authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (authority to take fingerprints),

“biometric information” has the meaning given by section 15 of the UK Borders Act 2007,

“code” has the meaning given by section 145(6) of that Act (code of practice),

“document” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods),

“entrant” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),

“entry clearance” has the meaning given by section 33(1) of that Act,

Physical data: voluntary provision

127

(1) The Secretary of State may operate a scheme under which an individual may supply, or submit to the obtaining or recording of, biometric information to be used (wholly or partly) in connection with entry to the United Kingdom.

(2) In particular, the Secretary of State may—

(a) require an authorised person to use biometric information supplied under a scheme;

(b) make provision about the collection, use and retention of biometric information supplied under a scheme (which may include provision requiring an authorised person to have regard to a code);

(3) In this section the following expressions have the same meaning as in section 126—

(a) “authorised person”,

(aa) biometric information”, and

(b) “code”, ...

Data collection under Immigration and Asylum Act 1999

128

(1) The following shall be added at the end of section 144 of the Immigration and Asylum Act 1999 (c. 33) (collection of data about external physical characteristics) (which becomes subsection (1))—

(2) In subsection (1) “external physical characteristics” includes, in particular, features of the iris or any other part of the eye.

(2) The following shall be inserted after section 145(2) of that Act (codes of practice)—

(2A) A person exercising a power under regulations made by virtue of section 144 must have regard to such provisions of a code as may be specified.

Disclosure of information by public authority

Local authority

129

(1) The Secretary of State may require a local authority to supply information for the purpose of establishing where a person is if the Secretary of State reasonably suspects that—

(a) the person has committed an offence under section 24(A1), (B1), (C1), (D1), (E1) or (1)(b), (c) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.), and

(b) the person is or has been resident in the local authority’s area.

(2) A local authority shall comply with a requirement under this section.

(3) In the application of this section to England and Wales “local authority” means—

(a) a county council,

(b) a county borough council,

(d) a London borough council,

(e) the Common Council of the City of London, and

(f) the Council of the Isles of Scilly.

(4) In the application of this section to Scotland “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

(5) In the application of this section to Northern Ireland—

(a) a reference to a local authority shall be taken as a reference to the Northern Ireland Housing Executive, and

(b) the reference to a local authority’s area shall be taken as a reference to Northern Ireland.

Inland Revenue

130

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Police, &c.

131

Information may be supplied under section 20 of the Immigration and Asylum Act 1999 (c. 33) (supply of information to Secretary of State) for use for the purpose of —

(a) determining whether an applicant for naturalisation under the British Nationality Act 1981 is of good character;

(b) determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;

(ba) determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;

(bb) determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;

Supply of document, &c. to Secretary of State

132

(1) Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) shall be amended as follows.

(2) After subsection (1) insert—

(1A) This section also applies to a document or article which— (a) comes into the possession of a person listed in subsection (1) or someone acting on his behalf, or (b) is discovered by a person listed in subsection (1) or someone acting on his behalf.

(3) In subsection (2) after “information” insert “ , document or article ”.

(4) After subsection (2) insert—

(2A) The Secretary of State may— (a) retain for immigration purposes a document or article supplied to him under subsection (2), and (b) dispose of a document or article supplied to him under subsection (2) in such manner as he thinks appropriate (and the reference to use in subsection (2) includes a reference to disposal).

(5) In subsection (6) after “information” insert “ , documents or articles ”.

Medical inspectors

133

(1) This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) has brought the person to the attention of—

(a) a medical inspector appointed under paragraph 1(2) of that Schedule, or

(b) a person working under the direction of a medical inspector appointed under that paragraph.

(2) A medical inspector may disclose to a health service body—

(a) the name of a person to whom this section applies,

(b) his place of residence in the United Kingdom,

(d) the language which he speaks,

(e) the nature of any disease with which the inspector thinks the person may be infected,

(f) relevant details of the person’s medical history,

(g) the grounds for an opinion mentioned in paragraph (e) (including the result of any test or examination which has been carried out), and

(h) the inspector’s opinion about action which the health service body should take.

(3) A disclosure may be made under subsection (2) only if the medical inspector thinks it necessary for the purpose of—

(a) preventative medicine,

(b) medical diagnosis,

(d) the management of health care services.

(4) For the purposes of this section “health service body” in relation to a person means a body which carries out functions in an area which includes his place of residence and which is—

(a) in relation to England—

(ai) the Secretary of State,

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ia) NHS England,

(ib) an integrated care board established under section 14Z25 of the National Health Service Act 2006,

(ic) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006,

(ii) a National Health Service Trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006,

(iia) an NHS foundation trust,

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to Wales—

(i) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006, or

(ii) a National Health Service Trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006, . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ai) the Secretary of State,

(i) a Health Board, Special Health Board or National Health Service Trust established under section 2 or 12A of the National Health Service (Scotland) Act 1978 (c. 29), . . .

(ii) the Common Services Agency for the Scottish Health Service established under section 10 of that Act, or

(iia) Healthcare Improvement Scotland established under section 10A of the 1978 Act, or

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in relation to Northern Ireland—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), . . .

(iia) the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, or

(iii) the Department of Health, Social Services and Public Safety . . .

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of information by private person

Employer

134

(1) The Secretary of State may require an employer to supply information about an employee whom the Secretary of State reasonably suspects of having committed an offence under—

(a) section 24(A1), (B1), (C1), (D1), (E1) or (1)(b), (c) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.),

(b) section 105(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud), or

(2) The power under subsection (1) may be exercised to require information about an employee only if the information—

(a) is required for the purpose of establishing where the employee is, or

(b) relates to the employee’s earnings or to the history of his employment.

(3) In this section a reference to an employer or employee—

(a) includes a reference to a former employer or employee, and

(b) shall be construed in accordance with section 8(8) of the Asylum and Immigration Act 1996 (c. 49) (restrictions on employment).

(4) Where—

(a) a business (the “employment agency”) arranges for one person (the “worker”) to provide services to another (the “client”), and

(b) the worker is not employed by the employment agency or the client,

this section shall apply as if the employment agency were the worker’s employer while he provides services to the client.

Financial institution

135

(1) The Secretary of State may require a financial institution to supply information about a person if the Secretary of State reasonably suspects that—

(a) the person has committed an offence under section 105(1)(a), (b) or (c) or 106(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud),

(b) the information is relevant to the offence, and

(2) In this section “financial institution” means—

(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to accept deposits, and

(b) a building society (within the meaning given by the Building Societies Act 1986 (c. 53)).

Notice

136

(1) A requirement to provide information under section 134 or 135 must be imposed by notice in writing specifying—

(a) the information,

(b) the manner in which it is to be provided, and

(2) A period of time specified in a notice under subsection (1)(c)—

(a) must begin with the date of receipt of the notice, and

(b) must not be less than ten working days.

(3) A person on whom a notice is served under subsection (1) must provide the Secretary of State with the information specified in the notice.

(4) Information provided under subsection (3) must be provided—

(a) in the manner specified under subsection (1)(b), and

(b) within the time specified under subsection (1)(c).

(5) In this section “working day” means a day which is not—

(a) Saturday,

(b) Sunday,

(d) Good Friday, or

(e) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.

Disclosure of information: offences

137

(1) A person commits an offence if without reasonable excuse he fails to comply with section 136(3).

(2) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding three months,

(b) a fine not exceeding level 5 on the standard scale, or

Offence by body

138

(1) Subsection (2) applies where an offence under section 137 is committed by a body corporate and it is proved that the offence—

(a) was committed with the consent or connivance of an officer of the body, or

(b) was attributable to neglect on the part of an officer of the body.

(2) The officer, as well as the body, shall be guilty of the offence.

(3) In this section a reference to an officer of a body corporate includes a reference to—

(a) a director, manager or secretary,

(b) a person purporting to act as a director, manager or secretary, and

(4) Where an offence under section 137 is committed by a partnership (other than a limited partnership), each partner shall be guilty of the offence.

(5) Subsection (1) shall have effect in relation to a limited partnership as if—

(a) a reference to a body corporate were a reference to a limited partnership, and

(b) a reference to an officer of the body were a reference to a partner.

Privilege against self-incrimination

139

(1) Information provided by a person pursuant to a requirement under section 134 or 135 shall not be admissible in evidence in criminal proceedings against that person.

(2) This section shall not apply to proceedings for an offence under section 137.

Immigration services

Immigration Services Commissioner

140

(1) The following shall be inserted after paragraph 7(1) of Schedule 5 to the Immigration and Asylum Act 1999 (c. 33) (investigation by Commissioner: power of entry)—

(1A) This paragraph also applies if the Commissioner is investigating a matter under paragraph 5(5) and— (a) the matter is of a kind described in paragraph 5(3)(a), (b) or (d) (for which purpose a reference to an allegation shall be treated as a reference to a suspicion of the Commissioner), and (b) there are reasonable grounds for believing that particular premises are being used in connection with the provision of immigration advice or immigration services by a registered person.

(2) The following shall be inserted after paragraph 3 of Schedule 6 to the Immigration and Asylum Act 1999 (c. 33) (registration by Commissioner)—

(3A) The Commissioner may vary a person’s 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.

(3) The following shall be inserted after section 87(3)(e) of the Immigration and Asylum Act 1999 (Immigration Services Tribunal: jurisdiction) (before the word “or”)—

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

Immigration control

EEA ports: juxtaposed controls

141

(1) The Secretary of State may by order make provision for the purpose of giving effect to an international agreement which concerns immigration control at a United Kingdom port or an EEA port (whether or not it also concerns other aspects of frontier control at the port).

(2) An order under this section may make any provision which appears to the Secretary of State—

(a) likely to facilitate implementation of the international agreement (including those aspects of the agreement which relate to frontier control other than immigration control), or

(b) appropriate as a consequence of provision made for the purpose of facilitating implementation of the agreement.

(3) In particular, an order under this section may—

(a) provide for a law of England and Wales to have effect, with or without modification, in relation to a person in a specified area or anything done in a specified area;

(b) provide for a law of England and Wales not to have effect in relation to a person in a specified area or anything done in a specified area;

(c) provide for a law of England and Wales to be modified in its effect in relation to a person in a specified area or anything done in a specified area;

(d) disapply or modify an enactment in relation to a person who has undergone a process in a specified area;

(e) disapply or modify an enactment otherwise than under paragraph (b), (c) or (d);

(f) make provision conferring a function (which may include—

(i) provision conferring a discretionary function;

(ii) provision conferring a function on a servant or agent of the government of a State other than the United Kingdom);

(g) create or extend the application of an offence;

(h) impose or permit the imposition of a penalty;

(i) require the payment of, or enable a person to require the payment of, a charge or fee;

(j) make provision about enforcement (which may include—

(i) provision conferring a power of arrest, detention or removal from or to any place;

(ii) provision for the purpose of enforcing the law of a State other than the United Kingdom);

(k) confer jurisdiction on a court or tribunal;

(l) confer immunity or provide for indemnity;

(m) make provision about compensation;

(n) impose a requirement, or enable a requirement to be imposed, for a person to co-operate with or to provide facilities for the use of another person who is performing a function under the order or under the international agreement (which may include a requirement to provide facilities without charge);

(o) make provision about the disclosure of information.

(4) An order under this section may—

(a) make provision which applies generally or only in specified circumstances;

(b) make different provision for different circumstances;

(5) An order under this section—

(a) must be made by statutory instrument,

(b) may not be made unless the Secretary of State has consulted with such persons as appear to him to be appropriate, and

(6) In this section—

“EEA port” means a port in an EEA State from which passengers are commonly carried by sea to ... the United Kingdom,

“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 from time to time),

“frontier control” means the enforcement of law which relates to, or in so far as it relates to, the movement of persons or goods into or out of the United Kingdom or another State,

“immigration control” means arrangements made in connection with the movement of persons into or out of the United Kingdom or another State,

“international agreement” means an agreement made between Her Majesty’s Government and the government of another State, and

“specified area” means an area (whether of the United Kingdom or of another State) specified in an international agreement.

“United Kingdom port” means a port in the United Kingdom from which passengers are commonly carried by sea to an EEA State.

Country information

Advisory Panel on Country Information

142

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Part 7 — Offences

Substance

Assisting unlawful immigration, &c.

143

The following shall be substituted for section 25 of the Immigration Act 1971 (c. 77) (assisting illegal entry)—

(25) (1) A person commits an offence if he— (a) does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union, (b) knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual, and (c) knows or has reasonable cause for believing that the individual is not a citizen of the European Union. (2) In subsection (1) “immigration law” means a law which has effect in a member State and which controls, in respect of some or all persons who are not nationals of the State, entitlement to— (a) enter the State, (b) transit across the State, or (c) be in the State. (3) A document issued by the government of a member State certifying a matter of law in that State— (a) shall be admissible in proceedings for an offence under this section, and (b) shall be conclusive as to the matter certified. (4) Subsection (1) applies to anything done— (a) in the United Kingdom, (b) outside the United Kingdom by an individual to whom subsection (5) applies, or (c) outside the United Kingdom by a body incorporated under the law of a part of the United Kingdom. (5) This subsection applies to— (a) a British citizen, (b) a British overseas territories citizen, (c) a British National (Overseas), (d) a British Overseas citizen, (e) a person who is a British subject under the British Nationality Act 1981 (c. 61), and (f) a British protected person within the meaning of that Act. (6) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. (25A) (1) A person commits an offence if— (a) he knowingly and for gain facilitates the arrival in the United Kingdom of an individual, and (b) he knows or has reasonable cause to believe that the individual is an asylum-seeker. (2) In this section “asylum-seeker” means a person who intends to claim that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under— (a) the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation)), or (b) the Human Rights Convention (within the meaning given by that section). (3) Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which— (a) aims to assist asylum-seekers, and (b) does not charge for its services. (4) Subsections (4) to (6) of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section. (25B) (1) A person commits an offence if he— (a) does an act which facilitates a breach of a deportation order in force against an individual who is a citizen of the European Union, and (b) knows or has reasonable cause for believing that the act facilitates a breach of the deportation order. (2) Subsection (3) applies where the Secretary of State personally directs that the exclusion from the United Kingdom of an individual who is a citizen of the European Union is conducive to the public good. (3) A person commits an offence if he— (a) does an act which assists the individual to arrive in, enter or remain in the United Kingdom, (b) knows or has reasonable cause for believing that the act assists the individual to arrive in, enter or remain in the United Kingdom, and (c) knows or has reasonable cause for believing that the Secretary of State has personally directed that the individual’s exclusion from the United Kingdom is conducive to the public good. (4) Subsections (4) to (6) of section 25 apply for the purpose of an offence under this section as they apply for the purpose of an offence under that section. (25C) (1) This section applies where a person is convicted on indictment of an offence under section 25, 25A or 25B. (2) The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the convicted person— (a) owned the vehicle at the time the offence was committed, (b) was at that time a director, secretary or manager of a company which owned the vehicle, (c) was at that time in possession of the vehicle under a hire-purchase agreement, (d) was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or (e) was driving the vehicle in the course of the commission of the offence. (3) The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person— (a) owned the ship or aircraft at the time the offence was committed, (b) was at that time a director, secretary or manager of a company which owned the ship or aircraft, (c) was at that time in possession of the ship or aircraft under a hire-purchase agreement, (d) was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement, (e) was at that time a charterer of the ship or aircraft, or (f) committed the offence while acting as captain of the ship or aircraft. (4) But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only— (a) in the case of a ship, if subsection (5) or (6) applies; (b) in the case of an aircraft, if subsection (5) or (7) applies. (5) This subsection applies where— (a) in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and (b) a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25, 25A or 25B. (6) This subsection applies where a ship’s gross tonnage is less than 500 tons. (7) This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes. (8) Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations. (9) In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to— (a) an individual who seeks to enter a member State in breach of immigration law (within the meaning of section 25), and (b) an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution). (10) In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to— (a) an asylum-seeker (within the meaning of that section), and (b) an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002. (11) In the case of an offence under section 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002.

Section 143: consequential amendments

144

(1) The Immigration Act 1971 (c. 77) shall be amended as follows.

(2) Section 25A (detention of ship, aircraft or vehicle) shall be renumbered as section 25D (and its title becomes “Detention of ship, aircraft or vehicle”) and—

(a) in subsection (1) for “section 25(1)(a) or (b)” substitute “ section 25, 25A or 25B ”,

(b) in subsections (2) and (4) for “section 25(6)” substitute “ section 25C ”,

(3) A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that— (a) he owns the ship, aircraft or vehicle, (b) he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or (c) he is a charterer of the ship or aircraft.

and

(d) omit subsection (7).

(3) In section 28A (arrest without warrant)—

(a) in subsection (3)(a) for “section 25(1)” substitute “ section 25, 25A or 25B ”,

(b) omit subsection (4),

(d) in subsection (11) omit “, (4)”.

(4) In section 28B(5) (search and arrest by warrant) for “, section 24A or section 25(2)” substitute “ , 24A ”.

(5) In section 28C(1) (search and arrest without warrant) for “section 25(1)” substitute “ section 25, 25A or 25B ”.

(6) In section 28D(4) (entry and search of premises) for “section 24A or section 25” substitute “ 24A, 25, 25A, 25B ”.

(7) In section 28F (the title to which becomes “Entry and search of premises following arrest under section 25, 25A or 25B”) in subsection (1) for “section 25(1)” substitute “ section 25, 25A, 25B ”.

(8) After section 33(1) (interpretation) insert—

(1A) A reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.

Traffic in prostitution

145

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Section 145: supplementary

146

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Employment

147

(1) Section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence) shall be amended as follows.

(2) For subsection (2) (defence) substitute—

(2) It is a defence for a person charged with an offence under this section to prove that before the employment began any relevant requirement of an order of the Secretary of State under subsection (2A) was complied with. (2A) An order under this subsection may— (a) require the production to an employer of a document of a specified description; (b) require the production to an employer of one document of each of a number of specified descriptions; (c) require an employer to take specified steps to retain, copy or record the content of a document produced to him in accordance with the order; (d) make provision which applies generally or only in specified circumstances; (e) make different provision for different circumstances.

(3) After subsection (6) insert—

(6A) Where an offence under this section is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (6B) Subsection (5) shall have effect in relation to a limited partnership as if— (a) a reference to a body corporate were a reference to a limited partnership, and (b) a reference to an officer of the body were a reference to a partner.

(4) At the end of the section add—

(9) Section 28(1) of the Immigration Act 1971 (c. 77) (extended time limit for prosecution) shall apply in relation to an offence under this section. (10) An offence under this section shall be treated as— (a) a relevant offence for the purpose of sections 28B and 28D of that Act (search, entry and arrest), and (b) an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H (search after arrest).

Registration card

148

The following shall be inserted after section 26 of the Immigration Act 1971 (general offences)—

(26A) (1) In this section “registration card” means a document which— (a) carries information about a person (whether or not wholly or partly electronically), and (b) is issued by the Secretary of State to the person wholly or partly in connection with a claim for asylum (whether or not made by that person). (2) In subsection (1) “claim for asylum” has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002. (3) A person commits an offence if he— (a) makes a false registration card, (b) alters a registration card with intent to deceive or to enable another to deceive, (c) has a false or altered registration card in his possession without reasonable excuse, (d) uses or attempts to use a false registration card for a purpose for which a registration card is issued, (e) uses or attempts to use an altered registration card with intent to deceive, (f) makes an article designed to be used in making a false registration card, (g) makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or (h) has an article within paragraph (f) or (g) in his possession without reasonable excuse. (4) In subsection (3) “false registration card” means a document which is designed to appear to be a registration card. (5) A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. (6) A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. (7) The Secretary of State may by order— (a) amend the definition of “registration card” in subsection (1); (b) make consequential amendment of this section. (8) An order under subsection (7)— (a) must be made by statutory instrument, and (b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Immigration stamp

149

The following shall be inserted after section 26A of the Immigration Act 1971 (c. 77) (registration card: falsification, &c.) (inserted by section 148 above)—

(26B) (1) A person commits an offence if he has an immigration stamp in his possession without reasonable excuse. (2) A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse. (3) In this section— (a) “immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function, (b) “replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and (c) “immigration function” means a function of an immigration officer or the Secretary of State under the Immigration Acts. (4) A person who is guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

Sections 148 and 149: consequential amendments

150

(1) The following shall be inserted after section 28A(9) of the Immigration Act 1971 (arrest without warrant)—

(9A) A constable or immigration officer may arrest without warrant a person— (a) who has committed an offence under section 26A or 26B; or (b) whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

(2) In section 28B(5) of that Act (search and arrest by warrant) after “, 24A” there shall be inserted “ , 26A or 26B. ”.

(3) In section 28D(4) of that Act (search of premises) after “, 25B” there shall be inserted “ , 26A or 26B ”.

False information

151

In section 26(3) of the Immigration Act 1971 (general offences: “relevant enactment”)—

(a) the word “or” after paragraph (c) shall cease to have effect, and

(b) after paragraph (d) there shall be inserted—

; or (e) the Nationality, Immigration and Asylum Act 2002 (apart from Part 5).

Procedure

Arrest by immigration officer

152

The following shall be inserted after section 28A of the Immigration Act 1971 (c. 77) (arrest without warrant)—

(28AA) (1) This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under— (a) section 24(1)(d), or (b) section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence). (2) The justice of the peace may grant a warrant authorising any immigration officer to arrest the person. (3) In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace.

Power of entry

153

(1) The following shall be inserted after section 28C of the Immigration Act 1971 (search and arrest without warrant)—

(28CA) (1) A constable or immigration officer may enter and search any business premises for the purpose of arresting a person— (a) for an offence under section 24, (b) for an offence under section 24A, or (c) under paragraph 17 of Schedule 2. (2) The power under subsection (1) may be exercised only— (a) to the extent that it is reasonably required for a purpose specified in subsection (1), (b) if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises, (c) with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and (d) if the constable or immigration officer produces identification showing his status. (3) Authority for the purposes of subsection (2)(c)— (a) may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and (b) shall expire at the end of the period of seven days beginning with the day on which it is given. (4) Subsection (2)(d) applies— (a) whether or not a constable or immigration officer is asked to produce identification, but (b) only where premises are occupied. (5) Subsection (6) applies where a constable or immigration officer— (a) enters premises in reliance on this section, and (b) detains a person on the premises. (6) A detainee custody officer may enter the premises for the purpose of carrying out a search. (7) In subsection (6)— - “detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and - “search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).

(2) The following shall be substituted for section 146(2) of the Immigration and Asylum Act 1999 (use of 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), (b) section 141 or 142 of this Act, and (c) regulations under section 144 of this Act.

Power to search for evidence

154

The following shall be inserted after section 28F of the Immigration Act 1971 (c. 77) (entry and search)—

(28FA) (1) This section applies where— (a) a person has been arrested for an offence under section 24(1) or 24A(1), (b) a person has been arrested under paragraph 17 of Schedule 2, (c) a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or (d) a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2. (2) A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes— (a) that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and (b) that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence. (3) A constable or officer searching premises under subsection (2) may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of— (a) an immigration employment offence, or (b) an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud). (4) The power under subsection (2) may be exercised only— (a) to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege, (b) if the constable or immigration officer produces identification showing his status, and (c) if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies. (5) Those conditions are— (a) that it is not practicable to communicate with a person entitled to grant access to the records, (b) that permission to search has been refused, (c) that permission to search would be refused if requested, and (d) that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2). (6) Subsection (4)(b) applies— (a) whether or not a constable or immigration officer is asked to produce identification, but (b) only where premises are occupied. (7) In this section “immigration employment offence” means an offence under section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment). (28FB) (1) This section applies where on an application made by an immigration officer in respect of business premises a justice of the peace is satisfied that there are reasonable grounds for believing— (a) that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer), (b) that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and (c) that at least one of the conditions in subsection (2) is satisfied. (2) Those conditions are— (a) that it is not practicable to communicate with a person entitled to grant access to the premises, (b) that it is not practicable to communicate with a person entitled to grant access to the records, (c) that entry to the premises or access to the records will not be granted unless a warrant is produced, and (d) that the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry. (3) The justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises. (4) Subsection (7)(a) of section 28D shall have effect for the purposes of this section as it has effect for the purposes of that section. (5) An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of— (a) an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act, or (b) an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

Sections 153 and 154: supplemental

155

The following shall be added at the end of section 28L of the Immigration Act 1971 (c. 77) (interpretation) (which becomes subsection (1))—

(2) In this Part “business premises” means premises (or any part of premises) not used as a dwelling. (3) In this Part “employee records” means records which show an employee’s— (a) name, (b) date of birth, (c) address, (d) length of service, (e) rate of pay, or (f) nationality or citizenship. (4) The Secretary of State may by order amend section 28CA(3)(a) to reflect a change in nomenclature. (5) An order under subsection (4)— (a) must be made by statutory instrument, and (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Time limit on prosecution

156

(1) In section 28(1) of the Immigration Act 1971 (c. 77) (extended time limit for prosecution) the words “, 24A, 25” shall cease to have effect.

(2) Section 24A(4) of that Act (deception: application of extended time limit) shall cease to have effect.

Part 8 — General

Consequential and incidental provision

157

(1) The Secretary of State may by order make consequential or incidental provision in connection with a provision of this Act.

(2) An order under this section may, in particular—

(a) amend an enactment;

(b) modify the effect of an enactment.

(3) An order under this section must be made by statutory instrument.

(4) An order under this section which amends an enactment shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(5) Any other order under this section shall be subject to annulment pursuant to a resolution of either House of Parliament.

Interpretation: “the Immigration Acts”

158

Applied provision

159

(1) Subsection (2) applies where this Act amends or refers to a provision which is applied by, under or for purposes of—

(a) another provision of the Act which contains the provision, or

(b) another Act.

(2) The amendment or reference shall have effect in relation to the provision as applied.

(3) Where this Act applies a provision of another Act, a reference to that provision in any enactment includes a reference to the provision as applied by this Act.

Money

160

(1) Expenditure of the Secretary of State or the Lord Chancellor in connection with a provision of this Act shall be paid out of money provided by Parliament.

(2) An increase attributable to this Act in the amount payable out of money provided by Parliament under another enactment shall be paid out of money provided by Parliament.

(3) A sum received by the Secretary of State or the Lord Chancellor in connection with a provision of this Act shall be paid into the Consolidated Fund.

Repeals

161

The provisions listed in Schedule 9 are hereby repealed to the extent specified.

Commencement

162

(1) Subject to subsections (2) to (5), the preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.

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

(a) section 6,

(b) section 7,

(d) section 11,

(e) section 15 (and Schedule 2),

(f) section 16,

(g) section 35(1)(h),

(h) section 38,

(i) section 40(1),

(j) section 41(1),

(k) section 42,

(l) section 43,

(m) section 48,

(n) section 49,

(o) section 50,

(p) section 56,

(q) section 58,

(r) section 59,

(s) section 61,

(t) section 67,

(u) section 69,

(v) section 70,

(w) section 115 and paragraph 29 of Schedule 7 (and the relevant entry in Schedule 9),

(x) section 157, and

(y) section 160.

(3) Section 5 shall have effect in relation to—

(a) an application made after the passing of this Act, and

(b) an application made, but not determined, before the passing of this Act.

(4) Section 8 shall have effect in relation to—

(a) an application made on or after a date appointed by the Secretary of State by order, and

(b) an application made, but not determined, before that date.

(5) Section 9 shall have effect in relation to a child born on or after a date appointed by the Secretary of State by order.

(6) An order under subsection (1) may—

(a) make provision generally or for a specified purpose only (which may include the purpose of the application of a provision to or in relation to a particular place or area);

(b) make different provision for different purposes;

(d) include savings;

(e) include consequential provision;

(f) include incidental provision.

(7) An order under this section must be made by statutory instrument.

Extent

163

(1) A provision of this Act which amends or repeals a provision of another Act or inserts a provision into another Act has the same extent as the provision amended or repealed or as the Act into which the insertion is made (ignoring, in any case, extent by virtue of an Order in Council).

(2) Sections 145 and 146 extend only to—

(a) England and Wales, and

(b) Northern Ireland.

(3) A provision of this Act to which neither subsection (1) nor subsection (2) applies extends to—

(a) England and Wales,

(b) Scotland, and

(4) Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—

(a) any of the Channel Islands;

(b) the Isle of Man.

(5) Subsection (4) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (1).

Short title

164

This Act may be cited as the Nationality, Immigration and Asylum Act 2002.

SCHEDULE 1

1

The following shall be substituted for section 42 of the British Nationality Act 1981 (c. 61) (registration and naturalisation: fee and oath)—

(42) (1) A person of full age shall not be registered under this Act as a British citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony. (2) A certificate of naturalisation as a British citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony. (3) A person of full age shall not be registered under this Act as a British overseas territories citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5. (4) A certificate of naturalisation as a British overseas territories citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5. (5) A person of full age shall not be registered under this Act as a British Overseas citizen or a British subject unless he has made the relevant citizenship oath specified in Schedule 5. (6) Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may— (a) disapply any of subsections (1) to (5), or (b) modify the effect of any of those subsections. (7) Sections 5 and 6 of the Oaths Act 1978 (c. 19) (affirmation) apply to a citizenship oath; and a reference in this Act to a citizenship oath includes a reference to a citizenship affirmation. (42A) (1) A person shall not be registered under a provision of this Act as a citizen of any description or as a British subject unless any fee payable by virtue of this Act in connection with the registration has been paid. (2) A certificate of naturalisation shall not be granted to a person under a provision of this Act unless any fee payable by virtue of this Act in connection with the grant of the certificate has been paid. (42B) (1) A person who is registered under this Act as a citizen of any description or as a British subject shall be treated as having become a citizen or subject— (a) immediately on making the required citizenship oath and pledge in accordance with section 42, or (b) where the requirement for an oath and pledge is disapplied, immediately on registration. (2) A person granted a certificate of naturalisation under this Act as a citizen of any description shall be treated as having become a citizen— (a) immediately on making the required citizenship oath and pledge in accordance with section 42, or (b) where the requirement for an oath and pledge is disapplied, immediately on the grant of the certificate. (3) In the application of subsection (1) to registration as a British Overseas citizen or as a British subject the reference to the citizenship oath and pledge shall be taken as a reference to the citizenship oath.

2

The following shall be substituted for Schedule 5 to the British Nationality Act 1981 (c. 61)—

SCHEDULE 5 (1) The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British citizen— “I,[name], swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.” “I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen.” (2) The form of citizenship oath and pledge is as follows for registration of or naturalisation as a British overseas territories citizen— “I,[name], swear by Almighty God that, on becoming a British overseas territories citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.” “I will give my loyalty to[name of territory] and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British overseas territories citizen.” (3) The form of citizenship oath is as follows for registration of a British Overseas citizen— “I,[name], swear by Almighty God that, on becoming a British Overseas citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.” (4) The form of citizenship oath is as follows for registration of a British subject— “I,[name], swear by Almighty God that, on becoming a British subject, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.”.

3

Section 41 of the British Nationality Act 1981 (c. 61) (regulations) shall be amended as follows.

4

For subsection (1)(d) substitute—

(d) for the time within which an obligation to make a citizenship oath and pledge at a citizenship ceremony must be satisfied; (da) for the time within which an obligation to make a citizenship oath or pledge must be satisfied; (db) for the content and conduct of a citizenship ceremony; (dc) for the administration and making of a citizenship oath or pledge; (dd) for the registration and certification of the making of a citizenship oath or pledge; (de) for the completion and grant of a certificate of registration or naturalisation;

5

In subsection (2)(c)—

(a) for “the taking there of any oath of allegiance” substitute “ the making there of a citizenship oath or pledge ”, and

(b) for “granted or taken” substitute “ or granted ”.

6

In subsection (3)(a) for “taking of oaths of allegiance” substitute “ making of oaths and pledges of citizenship ”.

7

After subsection (3) insert—

(3A) Regulations under subsection (1)(d) to (de) may, in particular— (a) enable the Secretary of State to designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge; (b) require, or enable the Secretary of State to require, a local authority to provide specified facilities and to make specified arrangements in connection with citizenship ceremonies; (c) impose, or enable the Secretary of State to impose, a function (which may include a discretion) on a local authority or on a registrar. (3B) In subsection (3A)— - “local authority” means— 1. in relation to England and Wales, a county council, a county borough council, a metropolitan district council, a London Borough Council and the Common Council of the City of London, and 2. in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), and - “registrar” means— 1. in relation to England and Wales, a superintendent registrar of births, deaths and marriages (or, in accordance with section 8 of the Registration Service Act 1953 (c. 37), a deputy superintendent registrar), and 2. in relation to Scotland, a district registrar within the meaning of section 7(12) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49).

8

The Secretary of State may make a payment to a local authority in respect of anything done by the authority in accordance with regulations made by virtue of section 41(3A) of the British Nationality Act 1981 (c. 61).

9

(1) A local authority must—

(a) comply with a requirement imposed on it by regulations made by virtue of that section, and

(b) carry out a function imposed on it by regulations made by virtue of that section.

(2) A local authority on which a requirement or function is imposed by regulations made by virtue of that section—

(a) may provide facilities or make arrangements in addition to those which it is required to provide or make, and

(b) may make a charge for the provision of facilities or the making of arrangements under paragraph (a) which does not exceed the cost of providing the facilities or making the arrangements.

SCHEDULE 2

1

The following provisions of the British Nationality Act 1981 (c. 61) shall cease to have effect—

(a) section 7(registration as British citizen by virtue of residence or employment),

(b) section 8(registration as British citizen by virtue of marriage),

(d) section 19(registration as British Dependent Territories citizen by virtue of residence),

(e) section 20(registration as British Dependent Territories citizen by virtue of marriage),

(f) section 21(registration as British Dependent Territories citizen by virtue of father’s status),

(g) section 27(2)(entitlement of minor to registration as British Overseas citizen),

(h) section 28(registration as British Overseas citizen by virtue of marriage), and

(i) section 33(registration as British subject of certain women by virtue of earlier entitlement).

2

Nothing in this Schedule has any effect in relation to a registration made under a provision before its repeal.

SCHEDULE 3

Ineligibility for support

1

(1) A person to whom this paragraph applies shall not be eligible for support or assistance under—

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

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

(d) Article 7 or 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, social welfare, &c.),

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

(f) section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (interim duty to accommodate in case of apparent priority need where review of a local authority decision has been requested),

(g) section 17, 23C, 23CZB, 23CA, 24A or 24B of the Children Act 1989 (c. 41) (welfare and other powers which can be exercised in relation to adults),

(h) Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (welfare and other powers which can be exercised in relation to adults),

(i) sections 22, 29 and 30 of the Children (Scotland) Act 1995 (c. 36) (provisions analogous to those mentioned in paragraph (g)),

(j) section 188(3) or 204(4) of the Housing Act 1996 (c. 52) (accommodation pending review or appeal),

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ka) section 1 of the Localism Act 2011 (local authority’s general power of competence),

(l) a provision of the Immigration and Asylum Act 1999 (c. 33), ...

(m) a provision of this Act , ...

(n) Part 1 of the Care Act 2014 (care and support provided by local authority) or

(o) Part 4 (duty of local authority to meet needs) or sections 105 to 116 (leaving care, accommodation and fostering) of the Social Services and Well-being (Wales) Act 2014.

(2) A power or duty under a provision referred to in sub-paragraph (1) may not be exercised or performed in respect of a person to whom this paragraph applies (whether or not the person has previously been in receipt of support or assistance under the provision).

(3) An approval or directions given under or in relation to a provision referred to in sub-paragraph (1) shall be taken to be subject to sub-paragraph (2).

Exceptions

2

(1) Paragraph 1 does not prevent the provision of support or assistance—

(a) to a British citizen, or

(b) to a child, or

(d) in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1, or

(e) in circumstances in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.

(2) Regulations under sub-paragraph (1)(d) may confer a discretion on the Secretary of State.

(3) Regulations under sub-paragraph (1)(e) may, in particular, disapply paragraph 1 to the provision of support or assistance by a local authority to a person where the authority—

(a) has taken steps in accordance with guidance issued by the Secretary of State to determine whether paragraph 1 would (but for the regulations) apply to the person, and

(b) has concluded on the basis of those steps that there is no reason to believe that paragraph 1 would apply.

(4) Regulations under sub-paragraph (1)(d) or (e) may confer a discretion on an authority.

(5) A local authority which is considering whether to give support or assistance to a person under a provision listed in paragraph 1(1) shall act in accordance with any relevant guidance issued by the Secretary of State under sub-paragraph (3)(a).

(6) A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(d) or (e), except in a case for which the regulations provide otherwise.

3

Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—

(a) a person’s Convention rights, ...

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

First class of ineligible person: refugee status abroad

4

(1) Paragraph 1 applies to a person if he—

(a) has refugee status abroad, or

(b) is the dependant of a person who is in the United Kingdom and who has refugee status abroad.

(2) For the purposes of this paragraph a person has refugee status abroad if—

(a) he does not have the nationality of an EEA State and is not a British citizen, and

(b) the government of an EEA State ... has determined that he is entitled to protection as a refugee under the Refugee Convention.

Second class of ineligible person: citizen of other EEA State

5

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

Third class of ineligible person: failed asylum-seeker

6

(1) Paragraph 1 applies to a person if—

(a) he was (but is no longer) an asylum-seeker, and

(b) he fails to cooperate with removal directions issued in respect of him.

(2) Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

Fourth class of ineligible person: person unlawfully in United Kingdom

7

Paragraph 1 applies to a person if—

(a) he is in the United Kingdom in breach of the immigration laws within the meaning of section 50A of the British Nationality Act 1981 , and

(b) he is not an asylum-seeker.

Travel assistance

8

The Secretary of State may make regulations providing for arrangements to be made enabling a person to whom paragraph 1 applies by virtue of paragraph 4 ... to leave the United Kingdom.

Temporary accommodation

9

(1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person to whom paragraph 1 applies pending the implementation of arrangements made by virtue of paragraph 8.

(2) Arrangements for a person by virtue of this paragraph—

(a) may be made only if the person has with him a dependent child, and

(b) may include arrangements for a dependent child.

10

(1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person if—

(a) paragraph 1 applies to him by virtue of paragraph 7, and

(b) he has not failed to cooperate with removal directions issued in respect of him.

(2) Arrangements for a person by virtue of this paragraph—

(a) may be made only if the person has with him a dependent child, and

(b) may include arrangements for a dependent child.

Assistance and accommodation: general

11

Regulations under paragraph 8, 9 or 10 may—

(a) provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;

(b) confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;

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