Legalize / United Kingdom / Public General Act

Immigration Act 2016

Type Public General Act

Publication 2016-05-12

Last updated 2026-03-05

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(24C) (1) A person commits an offence if— (a) the person drives a motor vehicle on a road or other public place at a time when the person is not lawfully resident in the United Kingdom, and (b) at that time the person knows or has reasonable cause to believe that the person is not lawfully resident in the United Kingdom. (2) A person who is guilty of an offence under subsection (1) is liable on summary conviction— (a) in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both; (b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both. (3) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (2)(a) to 51 weeks is to be read as a reference to 6 months. (4) In this section “motor vehicle” and “road”— (a) in relation to England and Wales and Scotland, have the same meanings as in the Road Traffic Act 1988; (b) in relation to Northern Ireland, have the same meanings as in the Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994 (NI 18)). (5) For the purposes of this section a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it. (24D) (1) If a person (“P”) has been arrested for an offence under section 24C committed in England and Wales or Northern Ireland, a senior officer or a constable may detain a relevant vehicle. (2) Subject to regulations under subsection (8), a vehicle detained under subsection (1) must be released— (a) when a decision is taken not to charge P with the offence, or (b) if P is charged with the offence— (i) when P is acquitted, the charge against P is dismissed or the proceedings are discontinued, or (ii) if P is convicted, when the court decides not to order forfeiture of the vehicle. (3) If a person (“P”) has been arrested for an offence under section 24C committed in Scotland, a senior officer or a constable may detain a relevant vehicle. (4) Subject to regulations under subsection (8) a vehicle detained under subsection (3) must be released— (a) when a decision is taken not to institute criminal proceedings against P for the offence, or (b) if criminal proceedings are instituted against P for the offence— (i) when P is acquitted or, under section 147 of the Criminal Procedure (Scotland) Act 1995, liberated or the trial diet is deserted simpliciter, or (ii) if P is convicted, when the court decides not to order forfeiture of the vehicle. (5) For the purposes of subsection (4) criminal proceedings are instituted against a person (“P”) at whichever is the earliest of P's first appearance before the sheriff or the service on P of a complaint. (6) A power in subsection (1) or (3) may be exercised by a senior officer or constable at any place at which the senior officer or constable is lawfully present. (7) A vehicle is a relevant vehicle in relation to P if the officer or constable concerned has reasonable grounds for believing it was used in the commission by P of an offence under section 24C. (8) The Secretary of State may by regulations make provision about the release of a vehicle detained under subsection (1) or (3). (9) Regulations under subsection (8) may in particular make provision— (a) for the release of a vehicle before the time mentioned in subsection (2) or (4); (b) about the procedure by which a person may seek to have a vehicle released before or after that time; (c) about the persons to whom a vehicle may or must be released before or after that time; (d) prescribing conditions to be met before a vehicle may be released before or after that time (including a condition requiring the payment of costs in relation to detention of the vehicle and any application for its release); (e) as to the destination of payments made in compliance with such a condition; (f) enabling a person specified in the regulations to waive compliance with such a condition; (g) as to the disposal of a vehicle in a case where such a condition is not met; (h) as to the destination of the proceeds arising from the disposal of a vehicle in such a case. (10) Regulations under subsection (8)— (a) are to be made by statutory instrument; (b) may make different provision for different cases; (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision. (11) A statutory instrument containing regulations under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament. (12) In this section “senior officer” means an immigration officer not below the rank of chief immigration officer. (24E) (1) A senior officer or a constable may enter and search any premises for the purposes of detaining a vehicle under section 24D. (2) The power in subsection (1) may be exercised— (a) only to the extent that it is reasonably required for that purpose, and (b) only if the senior officer or constable knows that a vehicle which may be detained under section 24D is to be found on the premises. (3) The power in subsection (1) may be exercised— (a) by a senior officer (“S”) only if S produces identification showing that S is an immigration officer (whether or not S is asked to do so); (b) by a constable (“C”) only if C produces identification showing that C is a constable (whether or not C is asked to do so). (4) Subsection (5) applies if, on an application by a senior officer or constable, a justice of the peace is satisfied that there are reasonable grounds for suspecting that a vehicle which may be detained under section 24D may be found on premises mentioned in subsection (6). (5) The justice of the peace may issue a warrant authorising any senior officer or constable to enter, if need be by force, the premises for the purpose of searching for and detaining the vehicle. (6) The premises referred to in subsection (4) are— (a) one or more sets of premises specified in the application, or (b) subject to subsection (10), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”). (7) If the application is for an all premises warrant, the justice of the peace must also be satisfied— (a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the vehicle, and (b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched. (8) Subject to subsection (10), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant. (9) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum. (10) A justice of the peace in Scotland may not issue— (a) an all premises warrant under this section, or (b) a warrant under this section authorising multiple entries. (11) In the application of this section to Scotland, references to a justice of the peace are to be read as references to the sheriff or a justice of the peace. (12) In this section “senior officer” means an immigration officer not below the rank of chief immigration officer. (24F) (1) If a person is convicted of an offence under section 24C, the court may order the forfeiture of the vehicle used in the commission of the offence. (2) Where a person who claims to have an interest in the vehicle applies to the court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle unless the person has been given an opportunity to make representations. (3) For the purposes of subsection (2) the persons who have an interest in a vehicle include— (a) a person who owns it, (b) the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994, and (c) a person who is in possession of it under a hire purchase agreement (or, in the case of a detained vehicle, was in possession of it under a hire purchase agreement immediately before its detention). (4) The Secretary of State may by regulations make provision about— (a) the disposal of a vehicle forfeited under this section; (b) the destination of the proceeds arising from the disposal of such a vehicle. (5) Regulations under subsection (4)— (a) are to be made by statutory instrument; (b) may make different provision for different cases; (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision. (6) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In section 28A(3)(a) (arrest without warrant) before “25” insert “ 24C, ”.

(4) In section 28B(5) (search and arrest by warrant: relevant offences) before “26A” insert “ 24C, ”.

(5) In section 28CA(1) (business premises: entry to arrest) for the “or” at the end of paragraph (b) substitute—

(bb) for an offence under section 24C, or

(6) In section 28D(4) (entry and search of premises: relevant offences) before “25” insert “ 24C, ”.

(7) In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.

(8) In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.

(9) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable force) before paragraph (a) insert—

(za) section 24E(1) (powers to enter premises to detain motor vehicle) of the 1971 Act,

Bank accounts

45

(1) Schedule 7 (bank accounts) has effect.

(2) Before the end of the period mentioned in subsection (3), the Secretary of State must—

(a) review the operation of sections 40A to 40G of the Immigration Act 2014 (inserted by Schedule 7),

(b) prepare a report of the review, and

(3) The period referred to in subsection (2) is the period of 5 years beginning with the day on which Schedule 7 comes fully into force.

PART 3 — Enforcement

Powers of immigration officers etc

Powers in connection with examination, detention and removal

46

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

(2) In paragraph 2(1) (examination by immigration officers) at the end of paragraph (c) insert

; and (d) whether, if he has been given leave which is still in force, his leave should be curtailed.

(3) After paragraph 15 insert—

(15A) (1) This paragraph applies if— (a) an immigration officer is lawfully on any premises, and (b) a person who is liable to be detained under paragraph 16(2) is on the premises. (2) The immigration officer may search the premises for documents which— (a) relate to the person, and (b) may be evidence for a ground on which the person's leave to enter or remain in the United Kingdom may be curtailed. (3) The power may be exercised— (a) only if the immigration officer has reasonable grounds for believing there are documents within sub-paragraph (2) on the premises, and (b) only to the extent that it is reasonably required for the purpose of discovering such documents. (4) An immigration officer searching premises under this paragraph may seize any document the officer finds which the officer has reasonable grounds for believing is a document within sub-paragraph (2). (5) Sub-paragraph (6) applies where— (a) an immigration officer is searching premises under this paragraph, and (b) any document the officer has reasonable grounds for believing is a document within sub-paragraph (2) is stored in any electronic form and is accessible from the premises. (6) The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form. (7) If a requirement under sub-paragraph (6) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the immigration officer may seize the device or medium on which it is stored. (8) But sub-paragraphs (4) to (7) do not apply to a document which the immigration officer has reasonable grounds for believing is an item subject to legal privilege. (9) An immigration officer may retain a document seized under this paragraph while— (a) the person to whom the document relates is liable to be detained under paragraph 16(2), and (b) the document falls within sub-paragraph (2)(b). (10) But a document may not be retained for the purpose mentioned in sub-paragraph (9) if a photograph or copy would be sufficient for that purpose.

(4) In paragraph 25A (entry and search of premises where person arrested or detained under Schedule 2)—

(a) after sub-paragraph (7) insert—

(7A) Sub-paragraph (7B) applies where— (a) an officer is searching premises under this paragraph, and (b) any document the officer has reasonable grounds for believing is a relevant document is stored in any electronic form and is accessible from the premises. (7B) The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form. (7C) If a requirement under sub-paragraph (7B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.

(b) in sub-paragraph (8) for “sub-paragraph (7)(a) does” substitute “ sub-paragraphs (7) to (7C) do ”, and

(5) In paragraph 25B (search of person arrested under Schedule 2) after sub-paragraph (8) insert—

(8A) Sub-paragraph (8B) applies where— (a) an officer is searching a person under this paragraph, and (b) any document the officer has reasonable grounds for believing is a document within sub-paragraph (3)(b) is stored in any electronic form on a device or medium found on the person. (8B) The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form. (8C) If a requirement under sub-paragraph (8B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored. (8D) Sub-paragraphs (8B) and (8C) do not apply to a document which the officer has reasonable grounds for believing is an item subject to legal privilege.

Search of premises in connection with imposition of civil penalty

47

(1) This section applies if an immigration officer is lawfully on any premises.

(2) The immigration officer may search the premises for documents which might be of assistance in determining whether a person is liable to the imposition of a penalty under—

(a) section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty for employing illegal worker etc), or

(b) section 23 or 25 of the Immigration Act 2014 (penalty for leasing premises to disqualified person etc).

(3) The power may be exercised—

(a) only if the immigration officer has reasonable grounds for believing there are documents within subsection (2) on the premises, and

(b) only to the extent that it is reasonably required for the purpose of discovering such documents.

(4) An immigration officer searching premises under this section may seize any document the officer finds which the officer has reasonable grounds for believing is a document within subsection (2).

(5) Subsection (6) applies where—

(a) an immigration officer is searching premises under this section, and

(b) any document the officer has reasonable grounds for believing is a document within subsection (2) is stored in any electronic form and is accessible from the premises.

(6) The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(7) If a requirement under subsection (6) is not complied with or a document to which that subsection applies cannot be produced in a form of the kind mentioned in that subsection, the immigration officer may seize the device or medium on which it is stored.

(8) But subsections (4) to (7) do not apply to a document or item which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.

(9) An immigration officer may retain a document or item seized under this section while the officer has reasonable grounds for believing that the document may be required—

(a) for the purposes of determining whether a person is liable to the imposition of a penalty under a provision mentioned in subsection (2),

(b) for the purposes of any objection relating to the imposition of such a penalty, or

(10) But a document or item may not be retained for a purpose mentioned in subsection (9) if a photograph or copy would be sufficient for that purpose.

(11) Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to a document seized and retained under this section as it applies to anything seized and retained under Part 3 of that Act.

Seizure and retention in relation to offences

48

(1) This section applies if an immigration officer is lawfully on any premises.

(2) The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(3) The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—

(a) that it is evidence in relation to an offence, and

(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.

(4) The immigration officer may require any information which is stored in any electronic form and is accessible from the premises to be produced if the officer has reasonable grounds for believing—

(a) that—

(i) it is evidence in relation to an offence, or

(ii) it has been obtained in consequence of the commission of an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, tampered with or destroyed.

(5) The reference in subsection (4) to information which is stored in any electronic form being produced is to such information being produced in a form—

(a) in which it can be taken away, and

(b) in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(6) This section does not authorise an immigration officer to seize an item which the officer has reasonable grounds for believing is an item subject to legal privilege.

(7) Anything seized by an immigration officer under this section which relates to an immigration offence may be retained so long as is necessary in all the circumstances and in particular—

(a) may be retained, except as provided for by subsection (8)—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with an offence, and

(b) may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

(8) Nothing may be retained for a purpose mentioned in subsection (7)(a) if a photograph or copy would be sufficient for that purpose.

(9) Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to anything seized and retained under this section which relates to an immigration offence as it applies to anything seized and retained by an immigration officer under Part 3 of that Act.

(10) This section does not apply in relation to anything which may be seized by an immigration officer under—

(a) section 19 of the Police and Criminal Evidence Act 1984 as applied by an order under section 23 of the Borders, Citizenship and Immigration Act 2009, or

(b) Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12) as applied by that section.

(11) In this section and section 49 “immigration offence” means an offence which relates to an immigration or nationality matter.

Duty to pass on items seized under section 48

49

(1) This section applies if an immigration officer exercises—

(a) the power under section 48 to seize or take away an item on the basis that the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence other than an immigration offence (a “relevant offence”), or

(b) a power to that effect in Part 3 of the Immigration Act 1971 as applied by section 14(3) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004.

(2) Subject to subsection (3), the immigration officer must, as soon as is reasonably practicable after the power is exercised, notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.

(3) If the immigration officer has reasonable grounds for believing that the item referred to in subsection (1) has also been obtained in consequence of the commission of, or is evidence in relation to, an immigration offence, the immigration officer may notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.

(4) A person notified under this section of the exercise of a power mentioned in subsection (1) in relation to an item must, as soon as is reasonably practicable after being so notified, inform the immigration officer whether the person will accept the item.

(5) The person may inform the immigration officer that the person will not accept the item only if—

(a) the person does not think the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence,

(b) the person does not have functions in relation to the investigation of the relevant offence, or

(c) the person thinks that it would be more appropriate for the relevant offence to be investigated by another person with such functions.

(6) If the person informs the immigration officer that the person will accept the item, the immigration officer must give it to the person as soon as is reasonably practicable.

(7) Once the item has been given as mentioned in subsection (6), any provision of an enactment which applies to items seized or taken away by the person applies to the item as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence.

(8) If the person informs the immigration officer that the person will not accept the item because subsection (5)(a) applies, the immigration officer must, as soon as is reasonably practicable, return the item in accordance with subsection (10).

(9) If the person informs the immigration officer that the person will not accept the item because subsection (5)(b) or (c) applies, the immigration officer must, as soon as is reasonably practicable—

(a) notify the exercise of a power mentioned in subsection (1) in relation to the item to another person (if any) who the immigration officer thinks has functions in relation to the investigation of the relevant offence, or

(b) if there is no such person, return the item in accordance with subsection (10).

(10) An item which must be returned in accordance with this subsection must be returned—

(a) to the person from whom it was seized, or

(b) if there is no such person, to the place from which it was seized or taken away.

(11) Where an item to which this section applies or information contained in such an item has been obtained in consequence of the commission of, or is evidence in relation to, more than one offence, references in this section to the relevant offence are to any of those offences.

(12) A function conferred or imposed by this section on an immigration officer may be exercised by any other immigration officer.

(13) In this section “enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

Retention of things seized under Part 3 of the Immigration Act 1971

50

After section 28H of the Immigration Act 1971 insert—

(28ZI) (1) This section applies to anything seized by an immigration officer under this Part for the purposes of the investigation of an offence or on the basis that it may be evidence relating to an offence. (2) Anything seized as mentioned in subsection (1) may be retained so long as is necessary in all the circumstances and in particular— (a) may be retained, except as provided for by subsection (3)— (i) for use as evidence at a trial for an offence, or (ii) for forensic examination or for investigation in connection with an offence, and (b) may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence. (3) Nothing may be retained for a purpose mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.

Search for nationality documents by detainee custody officers etc

51

(1) The Secretary of State may direct a detainee custody officer, prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to—

(a) a detained person who is detained in a removal centre, prison or young offender institution, or

(b) a person who is detained in a short-term holding facility.

(2) The Secretary of State may direct a prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to a person detained in a prison or young offender institution—

(a) who has been recommended for deportation by a court under section 3(6) of the Immigration Act 1971,

(b) in respect of whom the Secretary of State—

(i) is considering whether to make a deportation order under section 5(1) of that Act,

(ii) has decided to make such a deportation order, or

(iii) has made such a deportation order, or

(d) in respect of whom the Secretary of State—

(i) is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

(ii) has decided that section 32(5) of that Act applies, or

(iii) has made such a deportation order in accordance with section 32(5) of that Act.

(3) In this section and section 52 “relevant officer” means a detainee custody officer, prison officer or prisoner custody officer.

(4) The Secretary of State may give a direction in relation to a person detained as mentioned in subsection (1) or (2) only if the Secretary of State has reasonable grounds to believe a relevant nationality document will be found if a power in subsection (6) is exercised in relation to the person.

(4A) The Secretary of State may give a direction as mentioned in subsection (2)(b)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a) the Secretary of State has notified the person in writing that the Secretary of State is considering whether to make a deportation order under section 5(1) of the Immigration Act 1971 against the person, or

(b) where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided to make such a deportation order against the person.

(4B) The Secretary of State may give a direction as mentioned in subsection (2)(d)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a) the Secretary of State has notified the person in writing that the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or

(b) where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.

(5) A relevant officer to whom a direction is given under subsection (1) or (2) must (if able to do so) comply with it.

(6) The powers referred to in subsections (1), (2) and (4) are—

(a) to require the person to hand over to the relevant officer all relevant nationality documents in his or her possession,

(b) to search for such documents and to take possession of any that the relevant officer finds,

(c) to inspect any relevant nationality documents obtained in the course of the exercise of a power in paragraph (a) or (b), and

(d) to seize and retain any such documents so obtained.

(7) The power in subsection (6)(b) is a power to search any of the following—

(a) the person;

(b) anything the person has with him or her;

(d) any item of the person's property in the removal centre, short-term holding facility, prison or young offender institution.

(8) A full search may be carried out under subsection (7)(a); but such a search may not be carried out in the presence of—

(a) another person detained as mentioned in subsection (1) or (2), or

(b) a person of the opposite sex.

(9) An intimate search may not be carried out under subsection (7)(a).

(10) A relevant officer may if necessary use reasonable force for the purposes of exercising a power in subsection (6)(a) or (b).

(11) A relevant officer must pass a relevant nationality document seized and retained under subsection (6)(d) to the Secretary of State as soon as is reasonably practicable.

(12) The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under subsection (11) while the Secretary of State suspects that—

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

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

(13) If subsection (12) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—

(a) arrange for the document to be returned in accordance with subsection (14), or

(b) if the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.

(14) A document which is required to be returned in accordance with this subsection must be returned to—

(a) the person who was previously in possession of it, or

(b) if it was not found in the possession of a person, the location in which it was found.

(15) In this section and section 52—

“full search” means a search which involves the removal of an item of clothing which—is being worn wholly or partly on the trunk, andis being so worn either next to the skin or next to an article of underwear;

“intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth;

“nationality document” means a document which might—establish a person's identity, nationality or citizenship, orindicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.

(16) For the purposes of this section and section 52 a nationality document is “relevant” if it relates to a person who is liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts.

(17) In this section the following expressions have the same meaning as in Part 8 of the Immigration and Asylum Act 1999 (see section 147)—

“detained person”;

“detainee custody officer”;

“prisoner custody officer”;

“removal centre”;

“short-term holding facility”.

Seizure of nationality documents by detainee custody officers etc

52

(1) A relevant officer may seize a nationality document which the relevant officer finds in the course of the exercise of a power to search other than one conferred by section 51.

(2) Where a relevant officer seizes a nationality document under subsection (1), the relevant officer—

(a) must seek the consent of the Secretary of State to retain the document, and

(b) if the relevant officer obtains the Secretary of State's consent, must pass the document to the Secretary of State as soon as is practicable.

(3) The Secretary of State may give consent under subsection (2) only if the Secretary of State has reasonable grounds to believe that—

(a) the document is a relevant nationality document, and

(b) the document may facilitate the removal of the person to whom it relates from the United Kingdom in accordance with a provision of the Immigration Acts.

(4) If the Secretary of State does not give consent under subsection (2), the Secretary of State must—

(a) direct the relevant officer to return the document as mentioned in subsection (5), or

(b) if the Secretary of State thinks that it would not be appropriate to return the document, direct the relevant officer to dispose of the document in such manner as the Secretary of State may direct.

(5) A document which is required to be returned in accordance with this subsection must be returned to—

(a) the person who was previously in possession of it, or

(b) if it was not found in the possession of a person, the location in which it was found.

(6) The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under this section while the Secretary of State suspects that—

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

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

(7) If subsection (6) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—

(a) arrange for the document to be returned in accordance with subsection (5), or

(b) if the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.

Amendments relating to sections 51 and 52

53

(1) Schedule 11 to the Immigration and Asylum Act 1999 (detainee custody officers) is amended as follows.

(2) In paragraph 4 (offence of assaulting detainee custody officer)—

(a) omit the “or” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert

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

(3) In paragraph 5 (offence of obstructing detainee custody officer)—

(a) omit the “or” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert

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

(4) After paragraph 8 insert—

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

Amendments to search warrant provisions

54

Schedule 8 (amendments to search warrant provisions) has effect.

Supply of information to Secretary of State

55

(1) Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) is amended in accordance with subsections (2) to (10).

(2) For the heading substitute “ Power to supply information etc to Secretary of State ”.

(3) In subsection (1) for paragraphs (a) to (f) substitute—

(a) a public authority, or (b) any specified person, for purposes specified in relation to that person.

(4) In subsection (1A) in each of paragraphs (a) and (b) for “a person listed in subsection (1) or someone acting on his behalf” substitute “ a public authority or someone acting on behalf of a public authority ”.

(5) After subsection (1A) insert—

(1B) This section does not apply to— (a) information which is held by the Crown Prosecution Service, or (b) a document or article which comes into the possession of, or is discovered by, the Crown Prosecution Service, or someone acting on behalf of the Crown Prosecution Service, if section 40 of the UK Borders Act 2007 applies to the information, document or article.

(6) After subsection (2A) insert—

(2B) Subsection (2A)(a) does not affect any other power of the Secretary of State to retain a document or article.

(7) In subsection (3) after paragraph (d) insert—

(da) anything else that is done in connection with the exercise of a function under any of the Immigration Acts;

(8) After subsection (3) insert—

(3A) Public authority” means a person with functions of a public nature but does not include— (a) Her Majesty's Revenue and Customs, (b) either House of Parliament or a person exercising functions in connection with proceedings in Parliament, (c) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament, (d) the National Assembly for Wales or a person exercising functions in connection with proceedings in that Assembly, or (e) the Northern Ireland Assembly or a person exercising functions in connection with proceedings in that Assembly.

(9) Omit subsection (4).

(10) After subsection (6) insert—

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

(11) After section 20 of the Immigration and Asylum Act 1999 insert—

(20A) (1) This section applies to a nationality document which the Secretary of State has reasonable grounds for believing is lawfully in the possession of a person listed in Schedule A1. (2) The Secretary of State may direct the person to supply the document to the Secretary of State if the Secretary of State suspects that— (a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and (b) the document may facilitate the removal. (3) A person to whom a direction is given must, as soon as is practicable, supply the document to the Secretary of State. (4) If the document was originally created in hard copy form and the person possesses the original document, it must be supplied to the Secretary of State unless it is required by the person for the performance of any of the person's functions. (5) If the original document is required by the person for the performance of any of the person's functions— (a) the person must, as soon as is practicable, supply a copy of the document to the Secretary of State, and (b) if subsequently the person no longer requires the original document, the person must supply it to the Secretary of State as soon as is practicable after it is no longer required. (6) Subsection (5)(b) does not apply if the Secretary of State notifies the person that the original document is no longer required. (7) If subsection (5) applies the person may make a copy of the original document before supplying it to the Secretary of State. (8) The Secretary of State may retain a nationality document supplied under this section while the Secretary of State suspects that— (a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and (b) retention of the document may facilitate the removal. (9) Subsection (8) does not affect any other power of the Secretary of State to retain a document. (10) The Secretary of State may dispose of a nationality document supplied under this section in such manner as the Secretary of State thinks appropriate. (11) Nothing in this section authorises or requires a document to be supplied if to do so would contravene a restriction on the disclosure of information (however imposed). (12) The Secretary of State may by regulations amend Schedule A1 so as to add, modify or remove a reference to a person or description of person. (13) Regulations under subsection (12) may not amend Schedule A1 so as to apply this section to— (a) either House of Parliament or a person exercising functions in connection with proceedings in Parliament, (b) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament, (c) the National Assembly for Wales or a person exercising functions in connection with proceedings in that Assembly, or (d) the Northern Ireland Assembly or a person exercising functions in connection with proceedings in that Assembly. (14) In this section “nationality document” means a document which might— (a) establish a person's identity, nationality or citizenship, or (b) indicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.

(12) In section 166 of the Immigration and Asylum Act 1999 (regulations and orders)—

(a) after subsection (5) insert—

(5A) No regulations under section 20A(12) which amend Schedule A1 so as to— (a) add a reference to a person or description of person, or (b) modify a reference to a person or description of person otherwise than in consequence of a change of name or transfer of functions, are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

, and

(b) in subsection (6), before the “or” at the end of paragraph (a) insert—

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

(13) Before Schedule 1 to the Immigration and Asylum Act 1999 insert the Schedule A1 set out in Schedule 9.

Detention etc. by immigration officers in Scotland

56

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

Powers to take fingerprints etc. from dependants

57

(1) Section 141 of the Immigration and Asylum Act 1999 (powers to take fingerprints from certain persons and their dependants) is amended as follows.

(2) In subsection (7) for paragraph (f) substitute—

(f) any person (“F”) who is— (i) a member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), or (ii) a dependant of a person within paragraph (c)(i).

(3) In subsection (8)(f) after “person” insert “ of whose family he is a member or ”.

(4) In subsection (9)(f) after “person” insert “ of whose family he is a member or ”.

(5) After subsection (13) insert—

(13A) For the purposes of subsection (7)(f)(i), a person is a member of the family of another person (“P”) if— (a) the person is— (i) P's partner, (ii) P's child, or a child living in the same household as P in circumstances where P has care of the child, (iii) in a case where P is a child, P's parent, or (iv) an adult dependant relative of P, and (b) the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom. (13B) In subsection (13A) “child” means a person who is under the age of 18.

(6) In subsection (14) for “(7)(f)” substitute “ (7)(f)(ii) ”.

(7) Section 142 of the Immigration and Asylum Act 1999 (attendance for fingerprinting) is amended as follows.

(8) In subsection (2) for “a dependant of” substitute “ a member of the family of, or a dependant of, ”.

(9) In subsection (2A) for “a dependant of” substitute “ a member of the family of ”.

(10) Until the commencement of the repeal of section 143 of the Immigration and Asylum Act 1999 (destruction of fingerprints) by paragraph 17(2) of Schedule 9 to the Immigration Act 2014, subsection (9) of that section has effect as if after “the person” there were inserted “ of whose family he is a member or ”.

(11) In section 144A(2) of the Immigration and Asylum Act 1999 (application of regulations about use and retention of fingerprints etc to dependants) after “the person” insert “ of whose family F is a member or ”.

Interpretation of Part

58

(1) In this Part “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

(2) In this Part “premises” and “item subject to legal privilege” have the same meaning—

(a) in relation to England and Wales, as in the Police and Criminal Evidence Act 1984;

(b) in relation to Northern Ireland, as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12));

Detention and bail

Guidance on detention of vulnerable persons

59

(1) The Secretary of State must issue guidance specifying matters to be taken into account by a person to whom the guidance is addressed in determining—

(a) whether a person (“P”) would be particularly vulnerable to harm if P were to be detained or to remain in detention, and

(b) if P is identified as being particularly vulnerable to harm in those circumstances, whether P should be detained or remain in detention.

(2) In subsection (1) “detained” means detained under—

(a) the Immigration Act 1971,

(b) section 62 of the Nationality, Immigration and Asylum Act 2002, or

and “detention” is to be construed accordingly.

(3) A person to whom guidance under this section is addressed must take the guidance into account.

(4) Before issuing guidance under this section the Secretary of State must lay a draft of the guidance before Parliament.

(5) Guidance under this section comes into force in accordance with regulations made by the Secretary of State.

(6) The Secretary of State may from time to time review guidance under this section and may revise and re-issue it.

(7) References in this section to guidance under this section include revised guidance.

Limitation on detention of pregnant women

60

(1) This section applies to a woman if the Secretary of State is satisfied that the woman is pregnant.

(2) A woman to whom this section applies may not be detained under a relevant detention power unless the Secretary of State is satisfied that—

(a) the woman will shortly be removed from the United Kingdom, or

(b) there are exceptional circumstances which justify the detention.

(3) In determining whether to authorise the detention under a relevant detention power of a woman to whom this section applies, a person who, apart from this section, has power to authorise the detention must have regard to the woman's welfare.

(4) A woman to whom this section applies may not be detained under a relevant detention power for a period of—

(a) more than 72 hours from the relevant time, or

(b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

(5) In subsection (4) “the relevant time” means the later of—

(a) the time at which the Secretary of State is first satisfied that the woman is pregnant, and

(b) the time at which the detention begins.

(6) A woman to whom this section applies who has been released following detention under a relevant detention power may be detained again under such a power in accordance with this section.

(7) This section does not apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule applies.

(8) In this section—

“relevant detention power” means a power to detain under—paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), orsection 36(1) of the UK Borders Act 2007 (detention pending deportation);

“woman” means a female of any age.

(9) The Immigration Act 1971 is amended in accordance with subsections (10) and (11).

(10) In paragraph 16 of Schedule 2 (detention of persons liable to examination or removal) after sub-paragraph (2A) insert—

(2B) The detention under sub-paragraph (2) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

(11) In paragraph 2 of Schedule 3 (detention or control pending deportation) after sub-paragraph (4) insert—

(4ZA) The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

(12) In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) after subsection (7) insert—

(7A) The detention under this section of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

(13) In section 36 of the UK Borders Act 2007 (detention) after subsection (2) insert—

(2A) The detention under subsection (1) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

Immigration bail

61

(1) Schedule 10 (immigration bail) has effect.

(2) In that Schedule—

(a) Part 1 contains the main provisions about immigration bail, and

(b) Part 2 contains amendments to other Acts.

(3) A person may be released and remain on bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 even if the person can no longer be detained under a provision of the Immigration Acts to which that paragraph applies, if the person is liable to detention under such a provision.

(4) The reference in subsection (3) to paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 includes that paragraph as applied by any other provision of the Immigration Acts.

(5) Subsections (3) and (4) are to be treated as always having had effect.

(6) Subsections (3) to (5) are repealed on the coming into force of the repeal of paragraphs 22 and 29 of Schedule 2 to the Immigration Act 1971 by paragraph 20 of Schedule 10.

Power to cancel leave

Power to cancel leave extended under section 3C of the Immigration Act 1971

62

(1) In section 3C of the Immigration Act 1971 (continuation of leave pending variation decision) after subsection (3) insert—

(3A) Leave extended by virtue of this section may be cancelled if the applicant— (a) has failed to comply with a condition attached to the leave, or (b) has used or uses deception in seeking leave to remain (whether successfully or not).

(2) In section 4(1) of that Act (persons by whom and means by which powers are to be exercised) after “conditions)” insert “ or to cancel any leave under section 3C(3A) ”.

PART 4 — Appeals

Appeals within the United Kingdom: certification of human rights claims

63

(1) Section 94B of the Nationality, Immigration and Asylum Act 2002 (appeals from within the United Kingdom: certification of human rights claims made by persons liable to deportation) is amended in accordance with subsections (2) to (5).

(2) In the heading omit “made by persons liable to deportation”.

(3) In subsection (1) omit the words from “who is liable” to the end of paragraph (b).

(4) In subsection (2) for the words from “removal” to “removed” substitute “ refusing P entry to, removing P from or requiring P to leave the United Kingdom ”.

(5) In subsection (3) for the words from “removed” in the first place it appears to “removed” in the second place it appears substitute “ refused entry to, removed from or required to leave the United Kingdom ”.

(6) In section 92(3)(a) of that Act (cases where human rights claim appeal must be brought from outside the United Kingdom) omit “made by persons liable to deportation”.

Continuation of leave: repeals

64

(1) In the Immigration Act 1971 omit section 3D (continuation of leave following revocation).

(2) In section 2(2)(a) of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals) omit “or 3D”.

(3) In section 120(4)(b) of the Nationality, Immigration and Asylum Act 2002 (requirement to state additional grounds for application etc) omit “or 3D”.

(4) In consequence of the repeals made by this section, the following are repealed—

(a) paragraph 14(b)(i) of Schedule 1 to the Immigration, Asylum and Nationality Act 2006, and

(b) paragraph 22 of Schedule 9 to the Immigration Act 2014.

(5) The repeals made by this section do not apply in relation to a person (“P”) where—

(a) P's leave was extended by virtue of section 3D of the Immigration Act 1971 immediately before 6 April 2015, and

(b) immediately before the coming into force of this section an appeal by P against the variation or revocation of P's leave to enter or remain in the United Kingdom was pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002.

Deemed refusal of leave to enter: repeals

65

(1) In the Immigration Act 1971 omit paragraph 2A(9) of Schedule 2 (deemed refusal of leave to enter).

(2) In consequence of the repeal made by this section, paragraph 23 of Schedule 9 to the Immigration Act 2014 is repealed.

(3) The repeals made by this section do not apply in relation to a person if, immediately before the coming into force of this section, the person's appeal by virtue of paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 against the cancellation of the person's leave to enter under paragraph 2A(8) of that Schedule was pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002.

PART 5 — Support etc for certain categories of migrant

Support

Support for certain categories of migrant

66

Schedule 11 (support for certain categories of migrant) has effect.

Unaccompanied refugee children: relocation and support

67

(1) The Secretary of State must, as soon as possible after the passing of this Act, make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee children from other countries in Europe.

(2) The number of children to be resettled under subsection (1) shall be determined by the Government in consultation with local authorities.

(3) The relocation of children under subsection (1) shall be in addition to the resettlement of children under the Vulnerable Persons Relocation Scheme.

Availability of local authority support

68

Schedule 12 (availability of local authority support) has effect.

Transfer of responsibility for relevant children

69

(1) This section applies in relation to a local authority ... (“the first authority”) if—

(a) the authority has functions under any of the relevant provisions in relation to a relevant child, or

(b) functions under any of the relevant provisions may be conferred on the authority in relation to a relevant child.

(2) The first authority may make arrangements with another local authority in the same part of the United Kingdom (“the second authority”) under which—

(a) if this section applies to the authority by virtue of paragraph (a) of subsection (1), the functions mentioned in that paragraph become functions of the second authority in relation to the relevant child, and

(b) if this section applies to the authority by virtue of paragraph (b) of subsection (1), the functions mentioned in that paragraph become functions that may be conferred on the second authority in relation to the relevant child.

(3) The effect of arrangements under subsection (2) is that, from the time at which the arrangements have effect in accordance with their terms—

(a) functions under the relevant provisions cease to be functions of, and may not be conferred on, the first authority in relation to the relevant child (“C”),

(b) any of the relevant provisions which immediately before that time applied in relation to C as a result of C's connection with the first authority or the area of the first authority have effect as if C had that connection with the second authority or the area of the second authority (if that would not otherwise be the case), and

(c) C is to be treated for the purposes of the relevant provisions as if C were not and had never been ordinarily resident in the area of the first authority (if that would otherwise be the case).

(3A) The first authority may make arrangements with another local authority in a different part of the United Kingdom (“the second authority”) having the effects mentioned in subsection (3B).

(3B) The effects are that, from the time at which the arrangements have effect in accordance with their terms—

(a) the first authority ceases to have any functions in relation to the relevant child (“C”) under the relevant provisions and functions under those provisions may not be conferred on the first authority in relation to C,

(b) C is to be treated as having a like connection with the second authority, or the area of the second authority, as C had immediately before that time with the first authority or the area of the first authority, and

(c) C is to be treated for the purposes of the relevant provisions in relation to both the first authority and the second authority as if the first authority had never had any functions in relation to C.

(3C) Where a statutory provision would, but for this subsection, require the approval of a court or of any other person for arrangements under subsection (3A), that statutory provision does not apply in relation to such arrangements.

(4) Subsections (3)(b) and (3B)(b) are subject to any change in C's circumstances after the time at which the arrangements have effect.

(5) Nothing in subsection (3) or (3B) affects any liability of the first authority in relation to C for any act or omission of the first authority before the time at which the arrangements have effect.

(6) The Secretary of State may by regulations make further provision about the effect of arrangements under this section.

(7) Arrangements under this section may not be brought to an end by the first or second authority once they have come into effect.

(8) In this section “local authority”—

(a) in relation to England and Wales has the same meaning as in the Children Act 1989 (see section 105(1) of that Act),

(b) in relation to Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and

(c) in relation to Northern Ireland means a Health and Social Care trust established under Article 10 of the Health and Personal Services (Northern Ireland) Order 1991.

(8A) In this section “the relevant provisions”—

(a) in relation to a local authority in England, means the provisions of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families and care, supervision and protection of children), and

(b) in relation to a local authority in Wales, Scotland or Northern Ireland, means any statutory provision which confers functions on, or which are exercisable by, such an authority which correspond, or are similar, to the functions conferred on a local authority in England by or under any of those Parts of that Act.

(9) In this section “relevant child” means—

(a) a person under the age of 18 who is unaccompanied and has made a protection claim which has not been determined,

(b) a person under the age of 18 who is unaccompanied and who—

(i) requires leave to enter or remain in the United Kingdom but does not have it, and

(ii) is a person of a kind specified in regulations made by the Secretary of State, or

(i) has leave to enter or remain in the United Kingdom, and

(ii) is a person of a kind specified in regulations made by the Secretary of State.

(10) The Secretary of State may by regulations make provision about the meaning of “unaccompanied” for the purposes of subsection (9).

(11) In subsection (9)—

(a) “protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002, and

(b) the reference to a protection claim having been determined is to be construed in accordance with section 94(3) of the Immigration and Asylum Act 1999.

(12) In this section “statutory provision” means a provision made by or under—

(a) an Act,

(b) an Act of the Scottish Parliament,

(d) an Act of the Northern Ireland Assembly.

(13) In this section a reference to a part of the United Kingdom is a reference to England, Wales, Scotland or Northern Ireland.

Duty to provide information for the purposes of transfers of responsibility

70

(1) The Secretary of State may direct a local authority ... to provide information of the kind specified in subsection (2) to the Secretary of State for the purposes of enabling—

(a) arrangements to be made under section 69, or

(b) the Secretary of State to exercise functions under section 72.

(2) The information mentioned in subsection (1) is—

(a) information about the support or accommodation provided to children who are looked after by the local authority within the meaning of the relevant provisions;

(b) such other information as may be specified in regulations made by the Secretary of State.

(3) A local authority which is directed to provide information under this section must provide it—

(a) in such form and manner as the Secretary of State may direct, and

(b) before such time or before the end of such period as the Secretary of State may direct.

(4) In this section “local authority” and “relevant provisions” have the same meanings as in section 69.

Request for transfer of responsibility for relevant children

71

(1) Subsection (2) applies if—

(a) a local authority ... (“the first authority”) requests another local authority ... (“the second authority”) to enter into arrangements under section 69, and

(b) the second authority does not comply with the first authority's request.

(2) The Secretary of State may direct the second authority to provide the first authority and the Secretary of State with written reasons for its failure to comply with the request.

(3) In this section “local authority” has the same meaning as in section 69.

Scheme for transfer of responsibility for relevant children

72

(1) The Secretary of State may prepare a scheme for functions of, or which may be conferred on, a local authority ... (“the transferring authority”) to become functions of, or functions which may be conferred on, one or more other local authorities in the same part of the United Kingdom (a “receiving authority”) in accordance with arrangements under section 69(2).

(1A) The Secretary of State may prepare a scheme in relation to a local authority to which section 69 applies (“the transferring authority”) and one or more other local authorities in one or more other parts of the United Kingdom (“a receiving authority”) having the effects mentioned in section 69(3B).

(2) A scheme under this section—

(a) must specify the local authorities to which it relates, and

(b) unless it relates to all relevant children who may be the subject of arrangements under section 69 between the transferring authority and each receiving authority, must specify the relevant child or children, or descriptions of relevant children, to which it relates.

(3) The Secretary of State may direct the transferring authority and each receiving authority under a scheme under this section to comply with the scheme.

(4) A direction may not be given under subsection (3) unless the Secretary of State is satisfied that compliance with the direction will not unduly prejudice the discharge by each receiving authority of any of its functions.

(5) Before giving a direction under subsection (3) to a local authority, the Secretary of State must give the authority notice in writing of the proposed direction.

(6) The Secretary of State may not give a direction to a local authority before the end of the period of 14 days beginning with the day on which notice under subsection (5) was given to it.

(7) The local authority may make written representations to the Secretary of State about the proposed direction within that period.

(8) The Secretary of State may modify or withdraw a direction under subsection (3) by notice in writing to the local authorities to which it was given.

(9) A modification or withdrawal of a direction does not affect any arrangements made under section 69 pursuant to the direction before it was modified or withdrawn.

(10) Subsections (5) to (7) apply to the modification or withdrawal of a direction as they apply to the giving of a direction, but as if—

(a) the reference to the proposed direction were to the proposed modification or proposal to withdraw the direction, and

(b) subsection (6) permitted the Secretary of State to withdraw the direction before the end of the 14 day period with the agreement of the local authorities to which it applies.

(11) In this section “local authority” , “relevant child” and “part of the United Kingdom” have the same meanings as in section 69.

Extension to Wales, Scotland and Northern Ireland

73

(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for enabling any of the provisions of sections 69 to 72 to apply in relation to Wales, Scotland or Northern Ireland.

(2) The Secretary of State may by regulations make provision which—

(a) has a similar effect to—

(i) any of the provisions mentioned in subsection (1), or

(ii) provision which may be made under section 69(6) or (10), and

(b) applies in relation to Wales, Scotland or Northern Ireland.

(3) Regulations under subsection (1) may amend, repeal or revoke any enactment (including an enactment contained in this Act).

(4) Regulations under subsection (1) or (2) may not confer functions on—

(a) the Welsh Ministers,

(b) the Scottish Ministers,

(d) a Northern Ireland Minister, or

(e) a Northern Ireland department.

(5) In this section “enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

PART 6 — Border security

Penalties relating to airport control areas

74

(1) In paragraph 26 of Schedule 2 to the Immigration Act 1971 (supplementary duties of those connected with ships or aircraft or with ports) after sub-paragraph (3A) insert—

(4) Part 1A of this Schedule makes provision for and in connection with the imposition of a penalty for certain breaches of sub-paragraph (2) or (3).

(2) In that Schedule after Part 1 insert the Part 1A set out in Schedule 13.

Maritime enforcement

75

Schedule 14 (maritime enforcement) has effect.

Persons excluded from the United Kingdom under international obligations

76

(1) In section 8 of the Immigration Act 1971 (exceptions for seamen, aircrews and other special cases) in subsection (5) after “expired” insert “ or otherwise ceased to be in force ”.

(2) In section 8A of that Act (persons ceasing to be exempt) after subsection (3) insert—

(4) References in this section to a person who ceases to be exempt do not include a person who ceases to be exempt by virtue of section 8B(3).

(3) Section 8B of that Act (persons excluded from the United Kingdom under international obligations) is amended as follows.

(4) In subsection (1) after paragraph (b) insert—

(and any leave given to a person who is an excluded person is invalid)

(5) For subsection (3) substitute—

(3) Any exemption of a person from the provisions of this Act under section 8(1), (2) or (3) does not apply while the person is an excluded person.

(6) In subsection (4) for “a designated instrument” substitute “ an instrument falling within subsection (5) ”.

(7) In subsection (5) for “The Secretary of State may by order designate an instrument” substitute “ An instrument falls within this subsection ”.

(8) After subsection (5) insert—

(5A) Subsection (1), (2) or (3) does not apply to a person if— (a) the application of that subsection to that person would be contrary to the United Kingdom's obligations under— (i) the Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or (ii) the Refugee Convention (within the meaning given by that provision), or (b) the person has been exempted from the application of that subsection under a process applying by virtue of the instrument falling within subsection (5).

(9) Omit subsections (6) to (8).

PART 7 — Language requirements for public sector workers

English language requirements for public sector workers

77

(1) A public authority must ensure that each person who works for the public authority in a customer-facing role speaks fluent English.

(2) In determining how to comply with subsection (1), a public authority must have regard to the code of practice under section 80 that is for the time being applicable to that authority.

(3) A public authority must operate an adequate procedure for enabling complaints to be made to the authority about breaches by the authority of subsection (1) and for the consideration of such complaints.

(4) In determining whether a procedure is adequate for the purposes of subsection (3), a public authority must have regard to the code of practice under section 80 that is for the time being applicable to that authority.

(5) For the purposes of this Part a person works for a public authority if the person works—

(a) under a contract of employment with the public authority,

(b) under a contract of apprenticeship with the public authority,

(d) in England and Wales or Scotland, as an agency worker within the meaning of the Agency Workers Regulations 2010 (SI 2010/93) in respect of whom the public authority is the hirer within the meaning of those regulations,

(e) in Northern Ireland, as an agency worker within the meaning of the Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in respect of whom the public authority is the hirer within the meaning of those regulations,

(f) for the public authority as a constable, or

(g) for the public authority in the course of Crown employment.

(6) In subsection (5) “Crown employment”—

(a) in relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996,

(b) in relation to Northern Ireland, has the meaning given by Article 236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16)), and

(c) includes service as a member of the armed forces of the Crown and employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996.

(7) References in this Part to a person who works in a customer-facing role are to a person who, as a regular and intrinsic part of the person's role, is required to speak to members of the public in English.

(8) For the purposes of this Part a person speaks fluent English if the person has a command of spoken English which is sufficient to enable the effective performance of the person's role.

(9) This section applies in relation to a person who is working in a customer-facing role for a public authority when this section comes into force as well as to a person who begins to work in such a role after that time.

(10) This section does not apply in relation to a person whose work is carried out wholly or mainly outside the United Kingdom.

Meaning of “public authority”

78

(1) Subject as follows, in this Part “public authority” means a person with functions of a public nature.

(2) A person is not a public authority for the purposes of this Part if, apart from this subsection, the person would be a public authority for those purposes merely because the person exercises functions on behalf of another public authority.

(3) A person who exercises functions in relation to Scotland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to a reserved matter.

(4) In subsection (3) “Scotland” and “reserved matter” have the same meanings as in the Scotland Act 1998.

(5) A person who exercises functions in relation to Wales is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions are functions that could not be conferred by provision falling within the legislative competence of the National Assembly for Wales.

(6) A person who exercises functions in relation to Northern Ireland is a public authority for the purposes of this Part in relation to those functions only if and to the extent that those functions relate to an excepted matter.

(7) In subsection (6) “Northern Ireland” and “excepted matter” have the same meanings as in the Northern Ireland Act 1998.

(8) The following are not public authorities for the purposes of this Part—

(a) the Security Service;

(b) the Secret Intelligence Service;

(9) The relevant Minister may by regulations amend subsection (8) so as to add, modify or remove a reference to a person or description of person with functions of a public nature.

Power to expand meaning of person working for public authority

79

(1) The relevant Minister may by regulations amend section 77 with the effect that a person who works for a contractor of a public authority is a person who works for the authority for the purposes of this Part.

(2) In subsection (1) “contractor”, in relation to a public authority, means a person who—

(a) provides a service to members of the public as a result of an arrangement made with a public authority (whether or not by that person), but

(b) is not a public authority.

(3) For the purposes of subsection (1) a person works for a contractor if the person works—

(a) under a contract of employment with the contractor,

(b) under a contract of apprenticeship with the contractor,

(d) in England and Wales or Scotland, as an agency worker within the meaning of the Agency Workers Regulations 2010 (SI 2010/93) in respect of whom the contractor is the hirer within the meaning of those regulations, or

(e) in Northern Ireland, as an agency worker within the meaning of the Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/350) in respect of whom the contractor is the hirer within the meaning of those regulations.

Duty to issue codes of practice

80

(1) The relevant Minister must issue a code or codes of practice for the purposes of section 77.

(2) A code of practice must include provision about the following matters—

(a) the standard of spoken English to be met by a person working for a public authority to which the code applies in a customer-facing role;

(b) the action available to such a public authority where such a person does not meet that standard;

(c) the procedure to be operated by such a public authority for enabling complaints to be made to the authority about breaches by the authority of section 77(1) and for the consideration of such complaints;

(d) how the public authority is to comply with its other legal obligations as well as complying with the duty in section 77(1).

(3) A code of practice may make such other provision as the relevant Minister considers appropriate for securing that a person who works for a public authority to which the code applies in a customer-facing role speaks fluent English.

(4) A code of practice may make provision in relation to—

(a) all public authorities,

(b) particular descriptions of public authority, or

(5) But the relevant Minister must ensure that there is at all times a code of practice in force which applies to each public authority.

(6) A code of practice may make different provision for different purposes, including different provision for different public authorities or descriptions of public authority.

Procedure for codes of practice

81

(1) In preparing a code of practice the relevant Minister must consult such persons as the relevant Minister thinks appropriate.

(2) Before issuing a code of practice the relevant Minister must lay a draft of the code before Parliament.

(3) A code of practice comes into force in accordance with provision made by regulations made by the relevant Minister.

(4) After a code of practice has come into force the relevant Minister must publish it in such manner as the relevant Minister thinks appropriate.

(5) The relevant Minister may from time to time review a code of practice and may revise and re-issue it following a review.

(6) References in subsections (1) to (4) to a code of practice include a revised code.

Application of Part to Wales

82

(1) Subsection (2) makes provision about the application of this Part in relation to—

(a) a public authority that exercises functions only in Wales, and

(b) a public authority that exercises functions outside Wales and in Wales, to the extent that it exercises functions in Wales.

(2) In the provisions of this Part listed in subsection (3) references to English are to be read as references to English or Welsh.

(3) Those provisions are—

(a) section 77(1), (7) and (8), and

(b) section 80(2)(a) and (3).

Interpretation of Part

83

In this Part—

“contract” means a contract whether express or implied and, if express, whether oral or in writing;

“public authority” has the meaning given by section 78;

“relevant Minister” means the Secretary of State or the Minister for the Cabinet Office ;

“Wales” has the same meaning as in the Government of Wales Act 2006.

Crown application

84

This Part binds the Crown.

PART 8 — Fees and charges

Immigration

Immigration skills charge

85

(1) The Immigration Act 2014 is amended as follows.

(2) After section 70 insert—

(70A) (1) The Secretary of State may by regulations provide for a charge to be imposed on— (a) persons who make immigration skills arrangements, or (b) any description of such persons. (2) “Immigration skills arrangements” are arrangements made by a person (“the sponsor”) with the Secretary of State with a view to securing that an individual who is not exempt for the purposes of this section is granted entry clearance or leave to remain in the United Kingdom to enable the individual to work for the sponsor in the United Kingdom. (3) Regulations under this section may in particular— (a) impose a separate charge on a sponsor in respect of each individual in relation to whom the sponsor makes immigration skills arrangements; (b) specify the amount of any charge (and different amounts may be specified for different purposes); (c) make provision about when or how a charge may or must be paid to the Secretary of State; (d) make provision about the consequences of a sponsor failing to pay a charge; (e) provide for exemptions from a charge; (f) provide for the reduction, waiver or refund of part or all of a charge (whether by conferring a discretion or otherwise). (4) Sums paid by virtue of regulations under this section must— (a) be paid into the Consolidated Fund, or (b) be applied in such other way as the regulations may specify. (5) Regulations under this section may be made only with the consent of the Treasury. (6) An individual is exempt for the purposes of this section if he or she is— (a) a British citizen; (b) a national of an EEA State other than the United Kingdom; (c) a national of Switzerland; (d) otherwise entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972. (7) In this section “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971.

(3) In section 74(2) (orders and regulations which are subject to affirmative resolution procedure) after paragraph (j) insert—

(ja) regulations under section 70A;

Passports and civil registration

Power to make passport fees regulations

86

(1) The Secretary of State may by regulations provide for fees to be charged in respect of the exercise by the Secretary of State of such functions in connection with applications for the issue of a passport or other travel document as may be specified.

(2) Regulations under subsection (1) are referred to in this section and section 87 as “passport fees regulations”.

(3) Passport fees regulations must provide for the fee in respect of the exercise of each specified function to comprise one or more amounts each of which is—

(a) a specified fixed amount, or

(b) an amount calculated by reference to a specified hourly rate or other specified factor.

(4) Provision made under subsection (3) may be intended to result in a fee in respect of a specified function which exceeds the costs of exercising the function.

(5) In specifying the amount of any fee, or hourly rate or other factor, the Secretary of State may have regard only to the costs of exercising—

(a) the function;

(b) any other function of the Secretary of State in connection with United Kingdom passports or other UK travel documents;

This is subject to section 87(5).

(6) In respect of any fee provided for under this section, passport fees regulations may—

(a) provide for exceptions;

(b) provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);

(i) the consequences of failure to pay a fee;

(ii) enforcement;

(iii) when a fee may or must be paid.

(7) In this section—

“consular function” means—any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968;any function in the United Kingdom which corresponds to a function mentioned in paragraph (a);in each case regardless of whether the function is exercised by a consular officer or by another person authorised by the Secretary of State;

“costs” includes—the costs of the Secretary of State, andthe costs of any other person (whether or not funded from public money);

“function” includes a power or a duty;

“specified” means specified in passport fees regulations;

“travel document” means a document which enables or facilitates travel from one state to another and a “UK travel document” means such a document issued by the Secretary of State;

“United Kingdom passport” has the same meaning as in the Immigration Act 1971 (see section 33 of that Act).

(8) Any reference in this section to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—

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