Asylum and Immigration Act 1996

1996 CHAPTER 49

An Act to amend and supplement the Immigration Act 1971 and the Asylum and Immigration Appeals Act 1993; to make further provision with respect to persons subject to immigration control and the employment of such persons; and for connected purposes.

[24th July 1996]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act amended (2.10.2000) by 1999 c. 33, s. 65(1); S.I. 2000/2444, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4)

Act modified (1.9.2001) by 2001 c. 17, s. 32(7) (with ss. 27(3), 39, 78); S.I. 2001/2161, art. 2

Asylum claims U.K.

1 Extension of special appeals procedures. U.K.

For paragraph 5 of Schedule 2 to the M1 Asylum and Immigration Appeals Act 1993 (“the 1993 Act”) there shall be substituted the following paragraph—

“5 (1) This paragraph applies to an appeal by a person on any of the grounds mentioned in subsections (1) to (4) of section 8 of this Act if the Secretary of State has certified that, in his opinion, the person’s claim on the ground that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or be required to leave, the United Kingdom is one to which—

(a) sub-paragraph (2), (3) or (4) below applies; and

(b) sub-paragraph (5) below does not apply.

(2) This sub-paragraph applies to a claim if the country or territory to which the appellant is to be sent is designated in an order made by the Secretary of State by statutory instrument as a country or territory in which it appears to him that there is in general no serious risk of persecution.

(3) This sub-paragraph applies to a claim if, on his arrival in the United Kingdom, the appellant was required by an immigration officer to produce a valid passport and either—

(a) he failed to produce a passport without giving a reasonable explanation for his failure to do so; or

(b) he produced a passport which was not in fact valid and failed to inform the officer of that fact.

(4) This sub-paragraph applies to a claim if—

(a) it does not show a fear of persecution by reason of the appellant’s race, religion, nationality, membership of a particular social group, or political opinion;

(b) it shows a fear of such persecution, but the fear is manifestly unfounded or the circumstances which gave rise to the fear no longer subsist;

(c) it is made at any time after the appellant—

(i) has been refused leave to enter under the 1971 Act,

(ii) has been recommended for deportation by a court empowered by that Act to do so,

(iii) has been notified of the Secretary of State’s decision to make a deportation order against him by virtue of section 3(5) of that Act, or

(iv) has been notified of his liability to removal under paragraph 9 of Schedule 2 to that Act;

(d) it is manifestly fraudulent, or any of the evidence adduced in its support is manifestly false; or

(e) it is frivolous or vexatious.

(5) This sub-paragraph applies to a claim if the evidence adduced in its support establishes a reasonable likelihood that the appellant has been tortured in the country or territory to which he is to be sent.

(6) Rules of procedure under section 22 of the 1971 Act may make special provision in relation to appeals to which this paragraph applies.

(7) If on an appeal to which this paragraph applies the special adjudicator agrees that the claim is one to which—

(a) sub-paragraph (2), (3) or (4) above applies; and

(b) sub-paragraph (5) above does not apply,

section 20(1) of that Act shall not confer on the appellant any right to appeal to the Immigration Appeal Tribunal.

(8) The first order under this paragraph shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(9) A statutory instrument containing a subsequent order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this paragraph—

• “immigration officer” means an immigration officer appointed for the purposes of the 1971 Act;

• “passport”, in relation to an appellant, means a passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship.”

Commencement Information

I1 s. 1 wholly in force at 21.10.1996; s. 1 not in force at Royal Assent see s. 13(3); s. 1 in force for certain purposes at 7.10.1996 by S.I. 1996/2127, art. 2, Sch. Pt. II; s. 1 in force at 21.10.1996 by S.I. 1996/2127, art. 2, Sch. Pt. III

Marginal Citations

M1 1993 c.23.

2 Removal etc. of asylum claimants to safe third countries. U.K.

(1) Nothing in section 6 of the 1993 Act (protection of claimants from deportation etc.) shall prevent a person who has made a claim for asylum being removed from the United Kingdom if—

(a) the Secretary of State has certified that, in his opinion, the conditions mentioned in subsection (2) below are fulfilled;

(b) the certificate has not been set aside on an appeal under section 3 below; and

(c) except in the case of a person who is to be sent to a country or territory to which subsection (3) below applies, the time for giving notice of such an appeal has expired and no such appeal is pending.

(2) The conditions are—

(a) that the person is not a national or citizen of the country or territory to which he is to be sent;

(b) that his life and liberty would not be threatened in that country or territory by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and

(c) that the government of that country or territory would not send him to another country or territory otherwise than in accordance with the Convention.

(3) This subsection applies to any country or territory which is or forms part of a member State, or is designated for the purposes of this subsection in an order made by the Secretary of State by statutory instrument.

(4) The first order under this section shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(5) A statutory instrument containing a subsequent order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) For the purposes of this section, an appeal under section 3 below is pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn.

(7) In this section “claim for asylum” and “the Convention” have the same meanings as in the 1993 Act.

Modifications etc. (not altering text)

C2 S. 2 amended (retrospectively) by 1999 c. 33, s. 169(2), Sch. 15 para. 2

Commencement Information

I2 S. 2 wholly in force at 1.9.1996; s. 2 not in force at Royal Assent see s. 13(3); s. 2 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

3 Appeals against certificates under section 2. U.K.

(1) Where a certificate has been issued under section 2(1) above in respect of any person—

(a) that person may appeal against the certificate to a special adjudicator on the ground that any of the conditions mentioned in section 2(2) above was not fulfilled when the certificate was issued, or has since ceased to be fulfilled; but

(b) unless and until the certificate is set aside on such an appeal, he shall not be entitled to bring or pursue any appeal under—

(i) Part II of the 1971 Act (appeals: general); or

(ii) section 8 of the 1993 Act (appeals to special adjudicator on Convention grounds),

as respects matters arising before his removal from the United Kingdom.

(2) A person who has been, or is to be, sent to a country or territory to which section 2(3) above applies shall not be entitled to bring or pursue an appeal under this section so long as he is in the United Kingdom.

(3) The Lord Chancellor shall designate such number of the adjudicators appointed for the purposes of Part II of the 1971 Act as he thinks necessary to act as special adjudicators for the purposes of this section and may from time to time vary that number and the persons who are so designated.

(4) Subject to subsection (5) below, the following provisions of the 1971 Act, namely—

(a) section 18 (notice of decisions appealable under that Part and statement of appeal rights etc.);

(b) section 19 (determination of appeals under that Part by adjudicators);

(c) section 21 (references of cases by Secretary of State for further consideration);

(d) section 22(1) to (4), (6) and (7) (rules of procedure for appeals);

(e) section 23 (grants to voluntary organisations helping persons with rights of appeal); and

(f) Schedule 5 (provisions about adjudicators and Immigration Appeal Tribunal),

shall have effect as if this section were contained in Part II of that Act.

(5) Rules of procedure under section 22 of the 1971 Act—

(a) may make special provision in relation to appeals under this section; and

(b) may make different provision in relation to appeals by persons who have been, or are to be, sent to countries or territories of different descriptions;

and so much of paragraph 5 of Schedule 5 to that Act as relates to the allocation of duties among the adjudicators shall have effect subject to subsection (3) above.

(6) Paragraph 29 of Schedule 2 to the 1971 Act (grant of bail pending appeal) shall have effect as if the references to appeals under sections 13(1), 15(1)(a) and 16 of that Act included references to appeals under this section.

Commencement Information

I3 S. 3 wholly in force at 1.9.1996; s. 3 not in force at Royal Assent see s. 13(3); s. 3(3)(5) in force at 26.7.1996 by S.I. 1996/2053, art. 2, Sch. Pt. I and wholly in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Immigration offences U.K.

4 Obtaining leave by deception. U.K.

In subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences), after paragraph (a) there shall be inserted the following paragraph—

“(aa) if, by means which include deception by him, he obtains or seeks to obtain leave to enter or remain in the United Kingdom;”.

Modifications etc. (not altering text)

C3 S. 4 extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 4 extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I4 S. 4 wholly in force at 1.10.1996; S. 4 not in force at Royal Assent see s. 13(3); S. 4 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

5 Assisting asylum claimants, and persons seeking to obtain leave by deception. U.K.

(1) In subsection (1) of section 25 of the 1971 Act (assisting illegal entry, and habouring), for the words from “the entry” to “illegal entrant” there shall be substituted the following paragraphs—

“(a) the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an illegal entrant;

(b) the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an asylum claimant; or

(c) the obtaining by anyone of leave to remain in the United Kingdom by means which he knows or has reasonable cause for believing to include deception,”.

(2) After that subsection there shall be inserted the following subsection—

“(1A) Nothing in subsection (1)(b) above shall apply to anything which is done—

(a) by a person otherwise than for gain, or in the course of his employment by a bona fide organisation whose purpose it is to assist refugees; or

(b) in relation to a person who has been detained under paragraph 16 of Schedule 2 to this Act, or has been granted temporary admission under paragraph 21 of that Schedule;

and in that provision “asylum claimant” means a person who intends to make a claim for asylum (within the meaning of the M2 Asylum and Immigration Appeals Act 1993).”

(3) In subsection (5) of that section, for the words “Subsection (1)” there shall be substituted the words “ Subsection (1)(a) ”.

(4) In subsection (6) of that section, for the words “subsection (1)” there shall be substituted the words “ subsection (1)(a) or (b) ”.

Modifications etc. (not altering text)

C4 S. 5(1)(2) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 5(1)(2) extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I5 S. 5 wholly in force at 1.10.1996; s. 5 not in force at Royal Assent see s. 13(3); s. 5 in force at 1.10.1996 by S.I. 1996/2053, art.2, Sch. Pt. III

Marginal Citations

M2 1993 c.23.

6 Increased penalties. U.K.

In the following provisions, namely—

(a) subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences);

(b) subsection (1) of section 26 (general offences in connection with administration of Act); and

(c) section 27 (offences by persons connected with ships or aircraft or with ports),

for the words “level 4” there shall be substituted the words “ level 5 ”.

Commencement Information

I6 S. 6 wholly in force at 1.10.1996; s. 6 not in force at Royal Assent see s. 13(3); s. 6 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

F1 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 S. 7 repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 109, Sch. 16; S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3)

Persons subject to immigration control U.K.

8 Restrictions on employment. U.K.

(1) Subject to subsection (2) below, if any person (“the employer”) employs a person subject to immigration control (“the employee”) who has attained the age of 16, the employer shall be guilty of an offence if—

(a) the employee has not been granted leave to enter or remain in the United Kingdom; or

(b) the employee’s leave is not valid and subsisting, or is subject to a condition precluding him from taking up the employment,

and (in either case) the employee does not satisfy such conditions as may be specified in an order made by the Secretary of State.

(2) Subject to subsection (3) below, in proceedings under this section, it shall be a defence to prove that—

(a) before the employment began, there was produced to the employer a document which appeared to him to relate to the employee and to be of a description specified in an order made by the Secretary of State; and

(b) either the document was retained by the employer, or a copy or other record of it was made by the employer in a manner specified in the order in relation to documents of that description.

(3) The defence afforded by subsection (2) above shall not be available in any case where the employer knew that his employment of the employee would constitute an offence under this section.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(6) Where the affairs of a body corporate are managed by its members, subsection (5) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section—

• “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing;

• “employ” means employ under a contract of employment and “employment” shall be construed accordingly.

Commencement Information

I7 S. 8 wholly in force at 27.1.1997; s. 8 not in force at Royal Assent see s. 13(3); s. 8 in force for certain purposes at 1.12.1996 and wholly in force at 27.1.1997 by S.I. 1996/2127, art. 2

Valid from 19/02/2001

[F2 8A Code of practice. U.K.

(1) The Secretary of State must issue a code of practice as to the measures which an employer is to be expected to take, or not to take, with a view to securing that, while avoiding the commission of an offence under section 8, he also avoids unlawful discrimination.

(2) “Unlawful discrimination” means—

(a) discrimination in contravention of section 4(1) of the M3 Race Relations Act 1976 (“the 1976 Act”); or

(b) in relation to Northern Ireland, discrimination in contravention of Article 6(1) of the M4 Race Relations (Northern Ireland) Order 1997 (“the 1997 Order”).

(3) Before issuing the code, the Secretary of State must—

(a) prepare and publish a draft of the proposed code; and

(b) consider any representations about it which are made to him.

(4) In preparing the draft, the Secretary of State must consult—

(a) the Commission for Racial Equality;

(b) the Equality Commission for Northern Ireland; and

(c) such organisations and bodies (including organisations or associations of organisations representative of employers or of workers) as he considers appropriate.

(5) If the Secretary of State decides to proceed with the code, he must lay a draft of the code before both Houses of Parliament.

(6) The draft code may contain modifications to the original proposals made in the light of representations to the Secretary of State.

(7) After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order made by statutory instrument.

(8) An order under subsection (7)—

(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code.

(9) A failure on the part of any person to observe a provision of the code does not of itself make him liable to any proceedings.

(10) But the code is admissible in evidence—

(a) in proceedings under the 1976 Act before an employment tribunal;

(b) in proceedings under the 1997 Order before an industrial tribunal.

(11) If any provision of the code appears to the tribunal to be relevant to any question arising in such proceedings, that provision is to be taken into account in determining the question.

(12) The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

(13) The provisions of this section also apply (with appropriate modifications) to any revision, or proposed revision, of the code.]

Textual Amendments

F2 S. 8A inserted (19.2.2001 for specified purposes and otherwise 2.5.2001) by 1999 c. 33, s. 22; S.I. 2001/239, art. 2, Sch.; S.I. 2001/1394, art. 2, Sch.

Marginal Citations

M3 1976 c. 74.

M4 S.I. 1997/869 (N.I. 6).

F3 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 S. 9 repealed (1.3.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 110, Sch. 16; S.I. 2000/464, art. 2, Sch.

F4 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 S. 10 repealed (3.4.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 111, Sch. 16; S.I. 2000/464, art. 2, Sch.

F5 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F5 S. 11 repealed (3.4.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 112, Sch. 16; S.I. 2000/464, art. 2, Sch.

Miscellaneous and supplemental U.K.

12 Other amendments and repeals. U.K.

(1) Schedule 2 to this Act (which contains amendments of the 1971 Act and a related amendment of the M5 Immigration Act 1988) shall have effect.

(2) Schedule 3 to this Act (which contains amendments of the 1993 Act) shall have effect.

(3) The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C5 S. 12(1) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 12(1) extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I8 S. 12 partly in force; s. 12 not in force at Royal Assent see s. 13(3); s. 12 in force for certain purposes at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II; s. 12(1)(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Marginal Citations

M5 1988 c. 14.

13 Short title, interpretation, commencement and extent. U.K.

(1) This Act may be cited as the Asylum and Immigration Act 1996.

(2) In this Act—

• “the 1971 Act” means the M6 Immigration Act 1971;

• “the 1993 Act” means the M7 Asylum and Immigration Appeals Act 1993;

• “person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

(3) This Act, except section 11 and Schedule 1, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

(4) An order under subsection (3) above may make such transitional and supplemental provision as the Secretary of State thinks necessary or expedient.

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

(6) This Act extends to Northern Ireland.

Subordinate Legislation Made

P1 S. 13(3) power partly exercised (25.7.1996): different dates appointed for specified provisions by S.I. 1996/2053

S. 13(3) power partly exercised (11.8.1996): different dates appointed for specified provisions by S.I. 1996/2127

S. 13(3) power partly exercised (25.11.1996): 27.1.1997 appointed for s. 8 by S.I. 1996/2970

Modifications etc. (not altering text)

C6 S. 13(1) extended (Guernsey) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 13(1) extended (Jersey) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

C7 S. 13(2) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/2164, art. 3, Sch.

S. 13(2) extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I9 S. 13 wholly in force at 26.7.1996; s. 13 not in force at Royal Assent see s. 13(3); s. 13 in force at 26.7.1996 by S.I. 1996/2053, art. 2, Sch. Pt. I

Marginal Citations

M6 1971 c.77.

M7 1993 c.23.

SCHEDULES

F6 SCHEDULE 1 U.K.

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

Textual Amendments

F6 Sch. 1 omitted (3.4.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 108, 113; S.I. 2000/464, art. 2, Sch.

Section 12(1).

SCHEDULE 2 U.K. Amendments of the 1971 Act and the Immigration Act 1988

General provisions for regulation and control, &c. U.K.

1 (1) In subsection (1) of section 3 of the 1971 Act (general provisions for regulation and control), for paragraph (c) there shall be substituted the following paragraph—

“(c) if he is given limited leave to enter or remain in the United Kingdom, it may be given subject to all or any of the following conditions, namely—

(i) a condition restricting his employment or occupation in the United Kingdom;

(ii) a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; and

(iii) a condition requiring him to register with the police.”

(2) In subsection (5) (persons liable to deportation) of that section, after paragraph (a) there shall be inserted the following paragraph—

“(aa) if he has obtained leave to remain by deception; or”.

(3) In subsection (1) of section 5 of the M12 Immigration Act 1988 (restricted right of appeal against deportation), after paragraph (a) there shall be inserted the following paragraph—

“(aa) by virtue of section 3(5)(aa) of that Act (leave obtained by deception); or”.

Modifications etc. (not altering text)

C8 Sch. 2 para. 1(1)(3) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/2164, art. 3, Sch.

Sch. 2 para. 1(1)(3) extended (Jersey) (with modifications) (22.7.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I10 Sch. 2 para. 1 wholly in force at 1.11.1996; Sch. 2 para. 1 not in force at Royal Assent see s. 13(3); Sch. 2 para. 1(2)(3) in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III; Sch. 2 para. 1(1) in force at 1.11.1996 by S.I. 1996/2127, art. 2, Sch. Pt. IV

Marginal Citations

M12 1988 c. 14.

Persons belonging to another’s family U.K.

2 U.K. In subsection (4) of section 5 of the 1971 Act (persons belonging to another’s family), for paragraph (b) there shall be substituted the following paragraph—

“(b) where that other person is a woman, her husband and her or his children under the age of eighteen;”.

Modifications etc. (not altering text)

C9 Sch. 2 para. 2 extended (Guernsey) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

Sch. 2 para. 2 extended (Jersey) (with modifications) (22.7.1998) by S.I. 1998/1070, art. 3, Sch. (as amended (coming into force in accordance with art. 1 of the amending S.I.) by The Immigration and Asylum (Jersey) Order 2012 (S.I. 2012/2593), art. 3(2))

Commencement Information

I11 Sch. 2 para. 2 wholly in force at 1.10.1996; Sch. 2 para. 2 not in force at Royal Assent see s. 13(3); Sch. 2 para. 2 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Appeals against conditions U.K.

3 (1) After subsection (2) of section 14 of the 1971 Act (appeals against conditions), there shall be inserted the following subsection—

“(2ZA) A person shall not be entitled to appeal under subsection (1) above against—

(a) a variation of his leave which adds such a condition as is mentioned in section 3(1)(c)(ii) above; or

(b) a refusal to vary his leave by revoking such a condition.”

(2) In subsection (2B) of that section, for paragraph (c) there shall be substituted the following paragraph—

“(c) work permits, or equivalent documents issued after entry.”

Commencement Information

I12 Sch. 2 para. 3 wholly in force at 1.11.1996; Sch. 2 para. 3 not in force at Royal Assent see s. 13(3); Sch. 2 para. 3(2) in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II; Sch. 2 para. 3(1) in force at 1.11.1996 by S.I. 1996/2127, art. 2, Sch. Pt. IV

Interpretation U.K.

4 (1) In subsection (1) of section 33 of the 1971 Act (interpretation), for the definitions of “entrant” and “illegal entrant” there shall be substituted the following definitions— ““entrant” means a person entering or seeking to enter the United Kingdom and “illegal entrant” means a person—

(a) unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or

(b) entering or seeking to enter by means which include deception by another person,

and includes also a person who has entered as mentioned in paragraph (a) or (b) above; ”.

(2) In subsection (4) of that section, after the words “determined or withdrawn”, in the first place where they occur, there shall be inserted the words “ or is abandoned by reason of the appellant leaving the United Kingdom ”.

Modifications etc. (not altering text)

C10 Sch. 2 para. 4(1)(2) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

Sch. 2 para. 4(1)(2) extended (Jersey) (with modifications) (22.7.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I13 Sch. 2 para. 4 wholly in force at 1.10.1996; Sch. 2 para. 4 not in force at Royal Assent see s. 13(3); Sch. 2 para. 4 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Information and documents U.K.

5 (1) In sub-paragraph (2)(b) of paragraph 4 of Schedule 2 to the 1971 Act (information and documents), after the words “is carrying or conveying”, in the first place where they occur, there shall be inserted the words “ , or has carried or conveyed, ”. U.K.

(2) In sub-paragraph (3) of that paragraph—

(a) after the words “is carrying or conveying” there shall be inserted the words “ , or has carried or conveyed, ”;

(b) for the words from “he and any” to “control” there shall be substituted the following paragraphs—

“(a) he and any baggage or vehicle belonging to him or under his control; and

(b) any ship, aircraft or vehicle in which he arrived in the United Kingdom,”; and

(c) after the words “is doing” there shall be inserted the words “ or, as the case may be, has done ”.

Modifications etc. (not altering text)

C11 Sch. 2 para. 5(2)(b) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

Sch. 2 para. 5(2)(b) extended (Jersey) (with modifications) (22.7.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I14 Sch. 2 para. 5 wholly in force at 1.10.1996; Sch. 2 para. 5 not in force at Royal Assent see s. 13(3); Sch. 2 para. 5 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Removal of illegal entrants U.K.

6 U.K. Paragraph 9 of Schedule 2 to the 1971 Act (removal of illegal entrants) shall be renumbered as sub-paragraph (1) of that paragraph; and after that provision as so renumbered there shall be inserted the following sub-paragraph—

“(2) Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.”

Modifications etc. (not altering text)

C12 Sch. 2 para. 6 extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

Sch. 2 para. 6 extended (Jersey) (with modifications) (22.7.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I15 Sch. 2 para. 6 wholly in force at 1.10.1996; Sch. 2 para. 6 not in force at Royal Assent see s. 13(3); Sch. 2 para. 6 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Arrest of persons liable to detention U.K.

7 U.K. In sub-paragraph (2)(b) of paragraph 17 of Schedule 2 to the 1971 Act (arrest of persons liable to detention), the words “magistrate or” shall cease to have effect.

Commencement Information

I16 Sch. 2 para. 7 wholly in force at 1.10.1996; Sch. 2 para. 7 not in force at Royal Assent see s. 13(3); Sch. 2 para. 7 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Recovery of expenses incurred in detaining persons refused leave to enter U.K.

8 U.K. In sub-paragraph (1) of paragraph 19 of Schedule 2 to the 1971 Act (recovery of expenses incurred in detaining persons refused leave to enter), for the words “at any time” there shall be substituted the words “ for any period (not exceeding 14 days) ”.

Modifications etc. (not altering text)

C13 Sch. 2 para. 8 extended (Guernsey) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

Sch. 2 para. 8 extended (Jersey) (22.7.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I17 Sch. 2 para. 8 wholly in force at 1.9.1996; Sch. 2 para. 8 not in force at Royal Assent see s. 13(3); Sch. 2 para. 8 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Recovery of expenses incurred in detaining illegal entrants U.K.

9 (1) In sub-paragraph (1) of paragraph 20 of Schedule 2 to the 1971 Act (recovery of expenses incurred in detaining illegal entrants), for the words “at any time” there shall be substituted the words “ for any period (not exceeding 14 days) ”. U.K.

(2) After that sub-paragraph there shall be inserted the following sub-paragraph—

“(1A) Sub-paragraph (1) above shall not apply to expenses in respect of an illegal entrant if he obtained leave to enter by deception and the leave has not been cancelled under paragraph 6(2) above.”.

Modifications etc. (not altering text)

C14 Sch. 2 para. 9 extended (Guernsey) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

Sch. 2 para. 9 extended (Jersey) (22.7.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I18 Sch. 2 para. 9 wholly in force at 1.9.1996; Sch. 2 para. 9 not in force at Royal Assent see s. 13(3); Sch. 2 para. 9 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Temporary admission of persons liable to detention U.K.

10 U.K. After sub-paragraph (2) of paragraph 21 of Schedule 2 to the 1971 Act (temporary admission of persons liable to detention) there shall be inserted the following sub-paragraphs—

“(3) Sub-paragraph (4) below applies where a person who is at large in the United Kingdom by virtue of this paragraph is subject to a restriction as to reporting to an immigration officer with a view to the conclusion of his examination under paragraph 2 above.

(4) If the person fails at any time to comply with that restriction—

(a) an immigration officer may direct that the person’s examination under paragraph 2 above shall be treated as concluded at that time; but

(b) nothing in paragraph 6 above shall require the notice giving or refusing him leave to enter the United Kingdom to be given within twenty-four hours after that time.”

Modifications etc. (not altering text)

C15 Sch. 2 para. 10 extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

Sch. 2 para. 10 extended (Jersey) (with modifications) (22.7.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I19 Sch. 2 para. 10 wholly in force at 1.9.1996; Sch. 2 para. 10 not in force at Royal Assent see s. 13 (3); Sch. 2 para. 10 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Temporary release of persons liable to detention U.K.

11 (1) For sub-paragraph (1) of paragraph 22 of Schedule 2 to the 1971 Act (temporary release of persons liable to detention) there shall be substituted the following sub-paragraphs— U.K.

“(1) The following, namely—

(a) a person detained under paragraph 16(1) above pending examination; and

(b) a person detained under paragraph 16(2) above pending the giving of directions,

may be released on bail in accordance with this paragraph.

(1A) An immigration officer not below the rank of chief immigration officer or an adjudicator may release a person so detained on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer at a time and place named in the recognizance or bail bond or at such other time and place as may in the meantime be notified to him in writing by an immigration officer.

(1B) Sub-paragraph (1)(a) above shall not apply unless seven days have elapsed since the date of the person’s arrival in the United Kingdom.”

(2) In sub-paragraph (2) of that paragraph—

(a) for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

(b) for the word “adjudicator”, in the second place where it occurs, there shall be substituted the words “ officer or adjudicator ”.

(3) In sub-paragraph (3) of that paragraph—

(a) for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

(b) for the word “adjudicator”, in the second and third places where it occurs, there shall be substituted the words “ officer or adjudicator ”.

Commencement Information

I20 Sch. 2 para. 11 wholly in force at 1.9.1996; Sch. 2 para. 11 not in force at Royal Assent see s. 13(3); Sch. 2 para. 11 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Grant of bail pending removal U.K.

12 U.K. After paragraph 33 of Schedule 2 to the 1971 Act there shall be inserted the following paragraph—

“ Grant of bail pending removal U.K.

34 (1) Paragraph 22 above shall apply in relation to a person—

(a) directions for whose removal from the United Kingdom are for the time being in force; and

(b) who is for the time being detained under Part I of this Schedule,

as it applies in relation to a person detained under paragraph 16(1) above pending examination or detained under paragraph 16(2) above pending the giving of directions.

(2) Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.”

Commencement Information

I21 Sch. 2 para. 12 wholly in force at 1.9.1996; Sch. 2 para. 12 not in force at Royal Assent see s. 13(3); Sch. 2 para. 12 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Supplementary provisions as to deportation U.K.

13 U.K. In paragraph 2(5) of Schedule 3 to the 1971 Act (supplementary provisions as to deportation), after the words “the police” there shall be inserted the words “ or an immigration officer ”.

Modifications etc. (not altering text)

C16 Sch. 2 para. 13 extended (Guernsey) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

Sch. 2 para. 13 extended (Jersey) (22.7.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I22 Sch. 2 para. 13 wholly in force at 1.10.1996; Sch. 2 para. 13 not in force at Royal Assent see s. 13(3); Sch. 2 para. 13 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Section 12(2).

SCHEDULE 3 U.K. Amendments of the 1993 Act

Curtailment of leave to enter or remain U.K.

1 (1) After subsection (1) of section 7 of the 1993 Act (curtailment of leave to enter or remain) there shall be inserted the following subsection—

“(1A) Where the Secretary of State by notice under subsection (1) above curtails the duration of any person’s leave to enter or remain in the United Kingdom, he may also by notice in writing given to any dependant of that person curtail to the same extent the duration of that dependant’s leave so to enter or remain.”

(2) In subsections (2), (3) and (4) of that section, for the words “subsection (1) above” there shall be substituted the words “ subsection (1) or (1A) above ”.

Commencement Information

I23 Sch. 3 para. 1 wholly in force at 1.9.1996; Sch. 3 para. 1 not in force at Royal Assent see s. 13(3); Sch. 3 para. 1 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Appeals to special adjudicator U.K.

2 (1) In subsection (3) of section 8 of the 1993 Act (appeals to special adjudicator), the words from “but a person” to the end shall cease to have effect.

(2) After that subsection there shall be inserted the following subsection—

“(3A) A person may not appeal under paragraph (b) of subsection (3) above if he has had the right to appeal under paragraph (a) of that subsection, whether or not he has exercised it.”

Commencement Information

I24 Sch. 3 para. 2 wholly in force at 1.9.1996; Sch. 3 para. 2 not in force at Royal Assent see s. 13(3); Sch. 3 para. 2 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Bail pending appeal from Immigration Appeal Tribunal U.K.

3 U.K. After section 9 of the 1993 Act there shall be inserted the following section—

“9A Bail pending appeal from Immigration Appeal Tribunal

(1) Where a person (“an appellant”)—

(a) has an appeal under Part II of the 1971 Act which is pending by reason of an appeal, or an application for leave to appeal, under section 9 above; and

(b) is for the time being detained under Part I of Schedule 2 to that Act (general provisions as to control on entry etc.),

he may be released on bail in accordance with this section.

(2) An immigration officer not below the rank of chief immigration officer, a police officer not below the rank of inspector or an adjudicator may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the appropriate appeal court at a time and place named in the recognizance or bail bond.

(3) The Immigration Appeal Tribunal may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the appropriate appeal court at a time and place named in the recognizance or bail bond; and where—

(a) the appeal, or the application for leave to appeal, under section 9 above is by the Secretary of State; or

(b) the appellant has been granted leave to appeal under that section, and has duly given notice of appeal,

the Tribunal shall, if the appellant so requests, exercise its powers under this subsection.

(4) Sub-paragraphs (5) and (6) of paragraph 29 (grant of bail pending appeal) of Schedule 2 to the 1971 Act shall apply for the purposes of this section as they apply for the purposes of that paragraph.

(5) Paragraphs 30 to 33 of that Schedule shall apply as if—

(a) any reference to paragraph 29 included a reference to this section;

(b) the reference in paragraph 30(2) to paragraph 29(3) or (4) included a reference to subsection (3) above; and

(c) any reference in paragraphs 31 to 33 to the Immigration Appeal Tribunal included a reference to the appropriate appeal court.

(6) In this section “the appropriate appeal court” has the same meaning as in section 9 above.”

Commencement Information

I25 Sch. 3 para. 3 wholly in force at 1.9.1996; Sch. 3 para. 3 not in force at Royal Assent see s. 13(3); Sch. 3 para. 3 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Prospective

Security of tenure U.K.

4 U.K. In paragraph 6(1) of Schedule 1 to the 1993 Act (security of tenure)—

(a) after the words “Part III of the Act of 1985” there shall be inserted the words “ or Part II of the Act of 1987 ”; and

(b) after the words “ the M13 Housing Act 1988” there shall be inserted the words “ or the M14 Housing (Scotland) Act 1988 ”.

Marginal Citations

M13 1988 c.50.

M14 1988 c.43.

Appeals to special adjudicator: supplementary U.K.

5 In paragraph 4(2) of Schedule 2 to the 1993 Act (appeals to special adjudicator: supplementary), for the word “and” immediately following paragraph (f) there shall be substituted the following paragraph—

“(ff) section 33(4) (duration of appeals); and”.

Commencement Information

I26 Sch. 3 para. 5 wholly in force at 1.9.1996; Sch. 3 para. 5 not in force at Royal Assent see s. 13(3); Sch. 3 para. 5 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Section 12(3).

SCHEDULE 4 U.K. Repeals

Commencement Information

I27 Sch. 4 wholly in force at 1.10.1996; Sch. 4 not in force at Royal Assent see s. 13(3); Sch. 4 in force for certain purposes at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II; Sch. 4 wholly in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Chapter	Short title	Extent of repeal
1971 c.77.	Immigration Act 1971.	In Schedule 2, in paragraph 17(2)(b), the words “magistrate or”.
1993 c.23.	Asylum and Immigration Appeals Act 1993.	In section 8(3), the words from “but a person” to the end.