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Nationality, Immigration and Asylum Act 2002

Status:

This is the original version (as it was originally enacted).

Disclosure of information by private person

134Employer

(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(1)(a), (b), (c), (e) 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

(c)section 106(1)(a), (b) or (c) of that Act (support for asylum-seeker: fraud).

(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.

135Financial institution

(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

(c)the institution has the information.

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

(a)a person who has permission under Part 4 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)).

136Notice

(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

(c)the period of time within which it is to be provided.

(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,

(c)Christmas Day,

(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.

137Disclosure of information: offences

(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

(c)both.

138Offence by body

(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

(c)if the affairs of the body are managed by its members, a member.

(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.

139Privilege against self-incrimination

(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.

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