# Immigration Act 2014

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U.K.

# Immigration Act 2014

# 2014 CHAPTER 22

An Act to make provision about immigration law; to limit, or otherwise make provision about, access to services, facilities                        and employment by reference to immigration status; to make provision about marriage and civil partnership involving certain                        foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers                        and mothers were not married to each other and provision about the removal of citizenship from persons whose conduct is seriously                        prejudicial to the United Kingdom's vital interests; and for connected purposes.                     

[14th May 2014]

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:—                        

## **PART 1**U.K.Removal and other powers

### RemovalU.K.

#### 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 2Restriction on removal of children and their parents etcU.K.

#### 3Independent Family Returns PanelU.K.

### Powers of immigration officersU.K.

#### 4Enforcement powersU.K.

### Detention and bailU.K.

#### 5Restrictions on detention of unaccompanied childrenU.K.

#### 6Pre-departure accommodation for familiesU.K.

#### 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### BiometricsU.K.

#### 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 10Provision of biometric information with citizenship applicationsU.K.

#### 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 2**U.K.Appeals etc

### 15Right of appeal to First-tier TribunalU.K.

### 16Report by Chief Inspector on administrative reviewU.K.

### 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 18Review of certain deportation decisions by Special Immigration Appeals CommissionU.K.

### 19Article 8 of the ECHR: public interest considerationsU.K.

## **PART 3**U.K.Access to services etc

### CHAPTER 1U.K.Residential tenancies

#### Key interpretationU.K.

##### 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Penalty noticesU.K.

##### 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Objections, appeals and enforcementU.K.

##### 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Codes of practiceU.K.

##### 32General mattersU.K.

##### 33DiscriminationU.K.

#### GeneralU.K.

##### 34OrdersU.K.

##### 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### CHAPTER 2U.K.Other services etc

#### National Health ServiceU.K.

##### 38Immigration health chargeU.K.

##### 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Bank accountsU.K.

##### 40Prohibition on opening current accounts for disqualified personsU.K.

##### 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### WorkU.K.

##### 44Appeals against penalty noticesU.K.

##### 45Recovery of sums payable under penalty noticesU.K.

#### Driving licencesU.K.

##### 46Grant of driving licences: residence requirementU.K.

##### 47Revocation of driving licences on grounds of immigration statusU.K.

## **PART 4**U.K.Marriage and civil partnership

### CHAPTER 1U.K.Referral and investigation of proposed marriages and civil partnerships

#### InvestigationU.K.

##### 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### ReferralU.K.

##### 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Scotland and Northern IrelandU.K.

##### 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### CHAPTER 2U.K.Sham marriage and civil partnership

#### 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### CHAPTER 3U.K.Other provisions

#### Persons not relevant nationals etc: marriage on superintendent registrar's certificatesU.K.

##### 57Solemnization of marriage according to rites of Church of EnglandU.K.

##### 58Requirement as to giving of notice of marriage or civil partnershipU.K.

#### InformationE+W

##### 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### MiscellaneousU.K.

##### 60Regulations about evidenceU.K.

##### 61NoticesU.K.

##### 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 5**U.K.Oversight

### Office of the Immigration Services CommissionerU.K.

#### 63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Police Ombudsman for Northern IrelandU.K.

#### 64Police Ombudsman for Northern IrelandU.K.

## **PART 6**U.K.Miscellaneous

### CitizenshipU.K.

#### 65Persons unable to acquire citizenship: natural father not married to motherU.K.

#### 66Deprivation if conduct seriously prejudicial to vital interests of the UKU.K.

### Embarkation checksU.K.

#### 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### FeesU.K.

#### 68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Welfare of childrenU.K.

#### 71Duty regarding the welfare of childrenU.K.

## **PART 7**U.K.Final provisions

### 72Financial provisionU.K.

The following are to be paid out of money provided by Parliament—

(a)expenditure incurred under or by virtue of this Act by the Secretary of State, and                  

(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.                  

### 73Transitional and consequential provisionU.K.

(1)The Secretary of State may, by order, make such transitional, transitory or saving provision as the Secretary of State considers                        appropriate in connection with the coming into force of any provision of this Act.                  

(2)The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of                        this Act.                  

(3)The provision that may be made by an order under subsection (2) includes provision amending, repealing or revoking any enactment.                  

(4)“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;                  

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

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

(5)In section 61(2) of the UK Borders Act 2007 (definition of “the Immigration Acts”)—                  

(a)at the end of paragraph (h), omit “and”;                  

(b)at the end of paragraph (i) insert “, and                   

(j)the Immigration Act 2014.”.                  

(6)Schedule 9 (transitional and consequential provision) has effect.                  

Commencement Information

I1S. 73 partly in force; S. 73(1)-(5) in force at Royal Assent, see s.75(1)(3)

### 74Orders and regulationsU.K.

(1)Any power of the Secretary of State or Treasury to make an order or regulations under this Act is exercisable by statutory                        instrument.                  

(2)A statutory instrument containing any of the following orders or regulations may not be made unless a draft of the instrument                        has been laid before each House of Parliament and approved by a resolution of each House of Parliament—                  

(a)an order under section 20(7), 23(6) or 25(5);                  

(b)an order under section 38;                  

(c)regulations under section 41;                  

(d)an order under section 43, or under a section amended by such an order;                  

(e)the first regulations under section 50(1);                  

(f)the first regulations under section 50(5);                  

(g)the first regulations under section 51(3);                  

(h)the first regulations under section 51(4);                  

(i)an order under section 53 or 54(4) or (6);                  

(j)a fees order (within the meaning of section 68);                  

(k)an order under section 73(2) which amends or repeals primary legislation;                  

(l)an order under paragraph 2(3)(e) of Schedule 6.                  

(3)“Primary legislation” means any of the following—                  

(a)a public general Act;                  

(b)an Act of the Scottish Parliament;                  

(c)a Measure or Act of the National Assembly for Wales;                  

(d)Northern Ireland legislation.                  

(4)A statutory instrument containing any other order or regulations made by the Secretary of State or Treasury under this Act                        is subject to annulment in pursuance of a resolution of either House of Parliament.                  

(5)But subsection (4) does not apply to a statutory instrument containing an order under any of sections 35(3), 73(1) and 75(3)                        (subject to subsection (7)).                  

(6)Subsection (7) applies if an order under section 75(3) is made which—                  

(a)brings into force a provision of Chapter 1 of Part 3,                  

(b)brings that provision into force only in relation to a particular area or areas within England and Wales, Scotland or Northern                        Ireland, and                  

(c)is the first order to be made bringing into force a provision of that Chapter only in relation to an area or areas within                        England and Wales, Scotland or Northern Ireland.                  

(7)A statutory instrument containing any subsequent order under section 75(3) (after the order mentioned in subsection (6)) that                        brings into force a provision of Chapter 1 of Part 3 for anywhere other than the area or areas mentioned in paragraph (b)                        of that subsection is subject to annulment in pursuance of a resolution of either House of Parliament.                  

(8)An order or regulations made by the Secretary of State or Treasury under this Act may—                  

(a)make different provision for different purposes or areas,                  

(b)make provision which applies generally or only for particular purposes or areas,                  

(c)make transitional, transitory or saving provision, or                  

(d)make incidental, supplementary or consequential provision.                  

### 75CommencementU.K.

(1)This Part, other than section 73(6) and Schedule 9, comes into force on the day on which this Act is passed.                  

(2)Section 56, section 59 and Schedule 6, and section 62 come into force at the end of the period of two months beginning with                        the day on which this Act is passed.                  

(3)Subject to subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by order appoint;                        and different days may be appointed for different purposes or areas.                  

### 76ExtentU.K.

(1)This Act extends to England and Wales, Scotland and Northern Ireland.                  

(2)Subsection (1) is subject to subsection (3).                  

(3)Section 59 and Schedule 6 extend to England and Wales only.                  

(4)Subsections (1) to (3) do not apply to an amendment, repeal or revocation made by this Act.                  

(5)An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked (ignoring                        extent by virtue of an Order in Council).                  

(6)Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications,                        to any of the Channel Islands or the Isle of Man.                  

(7)Subsection (6) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection                        (5).                  

### 77Short titleU.K.

This Act may be cited as the Immigration Act 2014.

# SCHEDULES

 Section 4

## SCHEDULE 1U.K.Enforcement powers

### Power to escort detained personsU.K.

1U.K.In Schedule 2 to the Immigration Act 1971, in paragraph 18(3) (power to escort detained persons) for the first “or of” substitute                        “ an immigration officer, or ”.

### Power to search detained personsU.K.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Entry and search of premisesU.K.

3(1)Paragraph 25A of Schedule 2 to the Immigration Act 1971 (power to enter premises and search for documents following arrest)                        is amended as follows.U.K.

(2)In sub-paragraph (1)(b) for “by a constable (other than under this Schedule)” substitute “ other than under this Schedule ”.

(3)After sub-paragraph (6) insert—

“(6A)If, on an application made by an immigration officer, a justice of the peace is satisfied that—                  

(a)there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which                           are specified in the application, and                  

(b)any of the conditions in sub-paragraph (6B) is met,                  

the justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.                  

(6B)The conditions are that—                  

(a)it is not practicable to communicate with any person entitled to grant entry to the premises;                  

(b)it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate                           with any person entitled to grant access to the relevant documents;                  

(c)entry to the premises will not be granted unless a warrant is produced;                  

(d)the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can                           secure immediate entry.                  

(6C)In the application of sub-paragraph (6A) to Scotland, references to a justice of the peace are to be treated as references                           to the sheriff or a justice of the peace.”                  

(4)In sub-paragraph (7)—

(a)for “sub-paragraph (2)” substitute “ this paragraph ”;

(b)in paragraph (a) omit “and retain”;

(c)omit paragraph (b) and the “but” before it.

(5)After sub-paragraph (8) insert—

“(8A)An immigration officer may retain a document seized under sub-paragraph (7) while the officer has reasonable grounds for believing                           that—                  

(a)the arrested person 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 person's removal.”                  

4U.K.In sections 28J(11) and 28K(14) of the Immigration Act 1971 (warrants - safeguards and execution) after “paragraph 17(2)”                        insert “ or 25A(6A) ”.

### General power to use reasonable forceU.K.

5U.K.In section 146(1) of the Immigration and Asylum Act 1999 (power of immigration officer to use reasonable force when exercising                        powers under certain enactments) for “the 1971 Act or this Act” substitute “ the Immigration Acts ”.

 Section 12

## SCHEDULE 2U.K.Meaning of biometric information

### Immigration Act 1971 (c. 77)U.K.

1(1)Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows.U.K.

(2)In paragraph 4(5)—

(a)after “provide” insert “ biometric ”;

(b)omit from “about his external physical characteristics” to the end.

(3)After paragraph 4(5) insert—

“(6)Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.”                  

(4)In paragraph 18(2A), for “fingerprints” substitute “ biometric information (within the meaning given by section 15 of the UK Borders Act 2007) ”.

### Immigration and Asylum Act 1999 (c. 33)U.K.

2(1)Section 144 of the Immigration and Asylum Act 1999 (provision for collecting physical data other than fingerprints) is amended                        as follows.U.K.

(2)In subsection (1), for “data about external physical characteristics” substitute “ biometric information ”.

(3)For subsection (2) substitute—

“(2)Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.”                  

### Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)U.K.

5U.K.In section 35(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (imposition of requirements to facilitate                        deportation or removal), for paragraph (c) substitute—

“(c)provide biometric information (within the meaning of section 15 of the UK Borders Act 2007), or submit to a process by means                           of which such information is obtained or recorded;”.                  

 Section 20

## SCHEDULE 3U.K.Excluded residential tenancy agreements

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

 Section 52

## SCHEDULE 4U.K.Referral of proposed marriages and civil partnerships in England and Wales

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

 Section 54

## SCHEDULE 5U.K.Sham marriage and civil partnership: administrative regulations

### IntroductionU.K.

1(1)This Schedule sets out the kinds of regulations which may be made by the Secretary of State under section 54(2).U.K.

(2)In this Schedule—
          -  “extension order” has the meaning given in section 54(1);                         
          -  “proposed Scottish or Northern Ireland marriage or civil partnership” means a proposed marriage or civil partnership under the law of Scotland or Northern Ireland.                         

### NoticesU.K.

2(1)The Secretary of State may make regulations which make provision about the giving of relevant notices.U.K.

(2)Regulations under this paragraph may, in particular, provide that a relevant notice given in accordance with the regulations                        is to be presumed to have been received by the person to whom it is given.

(3)In this paragraph “relevant notice” means—

(a)a notice, under any provision of the referral and investigation scheme, which relates to a proposed Scottish or Northern Ireland                        marriage or civil partnership, and

(b)any other notice relating to the referral of a proposed Scottish or Northern Ireland marriage or civil partnership to the                        Secretary of State for the purposes of the referral and investigation scheme,

(whether or not the notice falls to be given by virtue of provision made by an extension order).

### EvidenceU.K.

3(1)The Secretary of State may make regulations about the supply of evidence in accordance with a relevant evidence provision.U.K.

(2)Regulations under this paragraph may, in particular, make provision about—

(a)the kind of evidence which is to be supplied;

(b)the form in which evidence is to be supplied;

(c)the manner in which evidence is to be supplied;

(d)the period within which evidence is to be supplied;

(e)the supply of further evidence;

(f)the sufficiency of evidence supplied;

(g)the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure                        that, in such a case, a particular decision is made or is to be treated as having been made);

(h)the retention or copying of evidence supplied.

(3)In this paragraph—
          -  “evidence” includes a photograph or other image;                         
          -  “relevant evidence provision” means provision (whether or not made by an extension order) about the supply of evidence in relation to a proposed Scottish                           or Northern Ireland marriage or civil partnership in a case where one or both of the parties is not a relevant national.                         

### Change of addressU.K.

4(1)The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—U.K.

(a)notice of a relevant person's usual address, if the person's notified usual address changes;

(b)notice of a relevant person's UK contact address, if the person's notified usual address is not in the United Kingdom;

(c)notice of a relevant person's UK contact address, if the person's notified UK contact address changes;

(d)evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c).

(2)Regulations under this paragraph may, in particular, make—

(a)provision imposing a requirement on a person;

(b)provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false.

(3)Regulations under sub-paragraph (1)(d) may, in particular, make any provision of the kind that may be made under paragraph                        3(2).

(4)In this paragraph—
          -  “notified”, in relation to an address of a relevant person, means notified (whether to the Secretary of State or another person) in                           connection with the proposed Scottish or Northern Ireland marriage or civil partnership (including any such address notified                           in accordance with provision made by an extension order or regulations made under this paragraph);                         
          -  “relevant person” means a person who is a party to a proposed Scottish or Northern Ireland marriage or civil partnership in a case where that                           person or the other party is not a relevant national (or both of them are not relevant nationals);                         
          -  “UK contact address” means an address in the United Kingdom at which a person can be contacted by post.                         

### ReferralU.K.

5(1)The Secretary of State may make regulations requiring a person to act in accordance with the regulations when complying with                        a duty of referral.U.K.

(2)The regulations may, in particular, make provision about—

(a)the form, manner or timing of the referral;

(b)information, photographs or evidence — or copies of any of those things — to be included with the referral.

(3)The Secretary of State may make regulations requiring a person who refers a proposed marriage or civil partnership in accordance                        with a duty of referral to give the parties to the proposed marriage or civil partnership information prescribed in the regulations                        about—

(a)the effects of the referral;

(b)any requirements under regulations under paragraph 4 to notify the Secretary of State of changes of address.

(4)In this paragraph—
          -  “duty of referral” means a duty (whether or not contained in provision made by an extension order) to refer a proposed Scottish or Northern                           Ireland marriage or civil partnership to the Secretary of State for the purposes of the referral and investigation scheme;                         
          -  “referral” means the referral of a proposed Scottish or Northern Ireland marriage or civil partnership under a duty of referral.                         

### Applications for shortening of waiting periodU.K.

6(1)The Secretary of State may make regulations about the making, and granting, of applications for the shortening of a waiting                        period in cases where a proposed Scottish or Northern Ireland marriage or civil partnership is referred to the Secretary of                        State in accordance with a duty of referral.U.K.

(2)Regulations may be made under this paragraph—

(a)whether the application falls to be made by virtue of provision made by an extension order or otherwise;

(b)whether the application falls to be made to the Secretary of State or another person.

(3)In this paragraph—
          -  “duty of referral” has the same meaning as in paragraph 5;                         
          -  “waiting period”, in relation to a proposed Scottish or Northern Ireland marriage or civil partnership, means a period during which it is                           not possible for the marriage to be solemnized or civil partnership to be formed (but which falls after notice of the proposed                           marriage or civil partnership has been given for the purposes of enabling it to be solemnized or formed in due course).                         

 Section 59

## SCHEDULE 6E+WInformation

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

 Section 63

## SCHEDULE 7U.K.Immigration advisers and immigration service providers

### IntroductoryU.K.

1U.K.Part 5 of the Immigration and Asylum Act 1999 (which makes provision for the regulation of immigration advisers and immigration                        service providers) is amended in accordance with this Schedule.

### Removal of Commissioner's power of exemption from registrationU.K.

2(1)In section 84(4) (persons exempt from prohibition on provision of immigration advice and services by unqualified persons)—U.K.

(a)omit paragraphs (a), (b) and (c) (and the word “or” which follows paragraph (c));

(b)in paragraph (d) omit “who”.

(2)Omit the following provisions—

(a)section 84(5) and (7);

(b)section 85(2);

(c)section 87(3)(b);

(d)section 88(2)(c);

(e)section 89(4);

(f)paragraph 6(3)(b) and 9(1)(d) of Schedule 5;

(g)paragraph 6(3)(a) of Schedule 6.

### Waiver of fees for registrationU.K.

3(1)Paragraph 5 of Schedule 6 (fees for registration) is amended as follows.U.K.

(2)In sub-paragraph (1)—

(a)after “order” insert “ (a) ”;

(b)at the end insert—

“(b)make provision for, and in connection with, requiring or authorising the Commissioner to waive all or part of the specified                           fee in particular cases.”                  

(3)In sub-paragraph (2) at the end insert “ (but this is subject to any waiver in accordance with provision under sub-paragraph (1)(b)) ”.

### Cancellation of registration by CommissionerU.K.

4(1)In section 87(3) (decisions of Commissioner which may be appealed to First-tier Tribunal) after paragraph (ea) insert—U.K.

“(eb)to cancel a registration under paragraph 4A(e) of that Schedule.”                  

(2)In paragraph 9 of Schedule 5 (powers of Commissioner on determining a complaint)—

(a)omit sub-paragraph (1)(b);

(b)after sub-paragraph (1A) (inserted by paragraph 7(4) of this Schedule) insert—

“(1B)Sub-paragraph (1)(a) is subject to paragraph 4A(e) of Schedule 6 (duty of Commissioner to cancel registration of a person                           who is no longer competent or is otherwise unfit).”                  

(3)In paragraph 3 of Schedule 6 (applications for continued registration)—

(a)omit sub-paragraph (5);

(b)in sub-paragraph (6) for “Otherwise,” substitute “ Unless the Commissioner is required by paragraph 4A to cancel the applicant's registration ”;

(c)in sub-paragraph (7)(a) omit “or by a direction given by the First-tier Tribunal under section 89(2)(b)”.

(4)In Schedule 6 (registration) after paragraph 4 insert—

#### “Further provision for the cancellation of registrationU.K.

4AThe Commissioner must cancel a person's registration if—

(a)the person asks for it to be cancelled;                  

(b)the person dies (in a case where the person is an individual) or is dissolved or wound up (in any other case);                  

(c)the person is convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act;                  

(d)under section 89(2A)(b) the First-tier Tribunal directs the Commissioner to cancel the person's registration; or                  

(e)the Commissioner considers that the person is no longer competent or is otherwise unfit to provide immigration advice or immigration                           services.”                  

### Suspension of registrationU.K.

5(1)In section 84(3) (limitations on effect of registration)—U.K.

(a)after “subject to” insert “ (a) ”;

(b)at the end insert—

“(b)paragraph 4B(5) of that Schedule (effect of suspension of registration).”                  

(2)In section 87(4) (further functions of First-tier Tribunal)—

(a)for “a further function” substitute “ further functions ”;

(b)at the end insert “ and paragraph 4B of Schedule 6 (suspension of registration by First-tier Tribunal) ”.

(3)After paragraph 4A of Schedule 6 (inserted by paragraph 4(4) of this Schedule) insert—

#### “Suspension of registrationU.K.

4B(1)The First-tier Tribunal may, on an application made to it by the Commissioner, suspend a person's registration if the person                           is for the time being charged with—                  

(a)an offence involving dishonesty or deception;                  

(b)an indictable offence; or                  

(c)an offence under section 25 or 26(1)(d) or (g) of the 1971 Act.                  

(2)The suspension of the person's registration ceases to have effect if one of these occurs—                  

(a)the person is acquitted of the offence;                  

(b)the charge is withdrawn;                  

(c)proceedings in respect of the charge are discontinued;                  

(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted *pro loco et tempore*.                  

(3)If the person is convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act, the suspension of the person's                           registration continues to have effect until the Commissioner cancels the person's registration (as required by paragraph 4A(c)).                  

(4)If the person is convicted of any other offence within sub-paragraph (1)—                  

(a)the Commissioner must as soon as reasonably practicable consider whether the person is no longer competent or is otherwise                           unfit to provide immigration advice or immigration services (so that the person's registration must be cancelled under paragraph                           4A(e));                  

(b)the suspension of the person's registration continues to have effect until the Commissioner either cancels the person's registration,                           or decides that the person is competent and otherwise fit to provide immigration advice and immigration services.                  

(5)A person whose registration is suspended is not to be treated as a registered person for the purposes of section 84 (but is                           to be treated as a registered person for the purposes of the other provisions of this Part).                  

(6)Where a person's registration is suspended the Commissioner must as soon as reasonably practicable record the suspension in                           the register.                  

(7)Where a suspension ceases to have effect (and the person's registration is not cancelled) the Commissioner must as soon as                           reasonably practicable remove the record of the suspension from the register.”                  

### InspectionsU.K.

6U.K.After paragraph 4 of Schedule 5 insert—

#### “InspectionsU.K.

4AThe Commissioner may carry out inspections of the activities and businesses of registered persons.”

### Complaints and investigationsU.K.

7(1)For section 89(2) (powers of Tribunal on hearing charge against registered person) substitute—U.K.

“(2)Subsections (2A) and (2B) apply if the person charged was, at the time to which the charge relates, a registered person or                           a person acting on behalf of a registered person.                  

(2A)If the registered person mentioned in subsection (2) is still registered, the First-tier Tribunal may direct the Commissioner—                  

(a)to record the charge and the First-tier Tribunal's decision on it for consideration in connection with that person's next                           application for continued registration;                  

(b)to cancel that person's registration.                  

(2B)If the registered person mentioned in subsection (2) is no longer registered, the First-tier Tribunal may direct the Commissioner                           to record the charge and the First-tier Tribunal's decision on it for consideration in connection with any application by                           that person for registration.”                  

(2)In paragraph 5(3) of Schedule 5 (complaints which may be investigated by Commissioner)—

(a)before paragraph (a) insert—

“(za)the competence or fitness to provide immigration advice or immigration services of a person who, at the time to which the                           complaint relates, was a registered person,”;                  

(b)in paragraph (a) for “a person” substitute “ any other person ”;

(c)after paragraph (a) insert—

“(aa)the competence or fitness of a person who, at the time to which the complaint relates, was acting on behalf of a registered                           person,”;                  

(d)in paragraph (b) for the first “a person” substitute “ any other person ”;

(e)in paragraph (d) for “a person to whom they apply” substitute “ a person who, at the time to which the complaint relates, was a registered person or a person acting on behalf of a registered                           person ”.

(3)For paragraph 9(1)(a) of that Schedule (Commissioner's powers on determining a complaint) substitute—

“(a)if the person to whom the complaint relates was at the time to which the complaint relates—                  

(i)a registered person, or                  

(ii)a person acting on behalf of a registered person,                  

record the complaint and the decision on it to be considered in connection with the next relevant application;”.                  

(4)After paragraph 9(1) insert—

“(1A)In sub-paragraph (1)(a) “relevant application” means—                  

(a)if the registered person referred to in that sub-paragraph is still registered, an application by that person for continued                           registration, and                  

(b)otherwise, an application by that person for registration.”                  

(5)For paragraph 9(4) substitute—

“(4)Relevant person” means—                  

(a)a person who, at the time to which the charge relates, was providing immigration advice or immigration services and was—                  

(i)a registered person, or                  

(ii)a person acting on behalf of a registered person;                  

(b)a person providing immigration advice or immigration services who is—                  

(i)a person to whom section 84(4)(d) applies, or                  

(ii)a person employed by, or working under the supervision of, such a person.”                  

### Power of entry and inspectionU.K.

8(1)Omit paragraph 7 of Schedule 5 (and the cross-heading before it).U.K.

(2)After paragraph 10 of that Schedule insert—

#### “Power of entry and inspectionU.K.

10A(1)On an application made by the Commissioner a justice of the peace (or in Scotland, the sheriff) may issue a warrant authorising                           the Commissioner to enter premises.                  

(2)A justice of the peace or sheriff may issue a warrant in respect of premises if satisfied that there are reasonable grounds                           for believing that—                  

(a)the premises are being used, or have been used, in connection with the provision of immigration advice or immigration services                           by a registered person,                  

(b)entry to the premises is reasonably required for the exercise of any of the Commissioner's functions, and                  

(c)entry to the premises may be prevented or delayed unless a warrant is produced.                  

(3)The Commissioner may enter premises by virtue of this paragraph only at a reasonable hour.                  

(4)Where the Commissioner enters premises by virtue of this paragraph the Commissioner may—                  

(a)take onto the premises any equipment that appears to the Commissioner to be necessary;                  

(b)require any person on the premises to produce any relevant document and, if the document is produced, to provide any explanation                           of it;                  

(c)require any person on the premises to state, to the best of the person's knowledge and belief, where any relevant document                           is to be found;                  

(d)take copies of, or extracts from, any relevant document on the premises which is produced;                  

(e)require any relevant information which is held in a computer and is accessible from the premises to be produced in a form—                  

(i)in which it can be taken away; and                  

(ii)in which it is visible and legible.                  

(5)For the purposes of sub-paragraph (4), a document or information is “relevant” if the document or information relates to any                           matter connected with the provision of immigration advice or immigration services.                  

(6)The powers conferred on the Commissioner by sub-paragraphs (1) to (5) may also be exercised by—                  

(a)a member of the Commissioner's staff authorised by the Commissioner in writing, and                  

(b)if the Commissioner so determines, a person appointed by the Commissioner to make a report on the provision of immigration                           advice or immigration services from the premises in question.                  

(7)If a registered person fails without reasonable excuse to allow access under this paragraph to any premises under the person's                           occupation or control, the Commissioner may cancel the person's registration.                  

(8)The Commissioner may also cancel the registration of a registered person who—                  

(a)without reasonable excuse fails to comply with a requirement imposed under sub-paragraph (4);                  

(b)intentionally delays or obstructs any person exercising functions under this paragraph; or                  

(c)fails to take reasonable steps to prevent an employee of the registered person from obstructing any person exercising such                           functions.                  

(9)In this paragraph “premises” includes premises used wholly or partly as a dwelling.”                  

 Section 67

## SCHEDULE 8U.K.Embarkation checks

### **PART 1**U.K.Functions exercisable by designated persons

#### IntroductionU.K.

1U.K.Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended in accordance with                        this Part of this Schedule.

#### Examinations by designated personU.K.

2(1)Paragraph 3 is amended as follows.U.K.

(2)In sub-paragraph (1), after “immigration officer” insert “ or designated person ”.

(3)For sub-paragraph (1A) substitute—

“(1A)If a person is examined under sub-paragraph (1) (whether by an immigration officer or designated person), an immigration officer                           may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified                           in that sub-paragraph.”.                  

#### Information and documentsU.K.

3(1)Paragraph 4 is amended as follows.U.K.

(2)In sub-paragraph (1), for “his functions” substitute “ that or any other person's functions ”.

(3)In sub-paragraph (2)—

(a)for “shall, if so required by the immigration officer” substitute “ , or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer                           or designated person ”;

(b)in paragraph (b), for “the immigration officer” substitute “ the immigration officer or designated person ”;

(c)in the words after paragraph (b), for “the immigration officer” substitute “ the immigration officer or designated person ”.

(4)In sub-paragraph (3), for the words from “the immigration officer” to the second “officer” substitute “ an immigration officer or a person acting under the directions of an immigration officer ”.

(5)In sub-paragraph (4), in the words before paragraph (a)—

(a)for “produced or found” substitute “ produced to or found by an immigration officer ”;

(b)for “an immigration officer” substitute “ , the immigration officer ”.

(6)After sub-paragraph (4) insert—

“(4A)Where a passport or other document is produced to a designated person in accordance with this paragraph, the designated person—                  

(a)may examine it and detain it; and                  

(b)must deliver any detained passport or document to an immigration officer as soon as reasonably practicable.                  

(4B)If a passport or document is delivered to an immigration officer in accordance with sub-paragraph (4A)(b), sub-paragraph (4)                           applies as if the immigration officer had detained the document (and, accordingly, the immigration officer may continue to                           detain it in accordance with sub-paragraph (4)(a), (b) or (c)).”.                  

(7)In sub-paragraph (5), after “examination” insert “ , or any immigration officer or designated person, ”.

#### Embarkation cardsU.K.

4(1)Paragraph 5 is amended in accordance with sub-paragraphs (2) and (3).U.K.

(2)For “requiring passengers” substitute “requiring— 

(a)passengers”.                  

(3)For “cards in such form” substitute “cards, and 

(b)passengers embarking in the United Kingdom, or any class of such passengers, to produce to a designated person, if so required,                           embarkation cards,                  

in such form ”.                  

#### DesignationsU.K.

5U.K.After paragraph 5 insert—

##### “Designated personsU.K.

5A(1)In this Schedule “designated person” means a person designated by the Secretary of State for the purposes of this Schedule.                  

(2)A designation under this paragraph is subject to such limitations as may be specified in the designation.                  

(3)A limitation under sub-paragraph (2) may, in particular, relate to the functions that are exercisable by virtue of the designation                           (and, accordingly, the exercise of functions under this Schedule by a designated person is subject to any such limitations                           specified in the person's designation).                  

(4)A designation under this paragraph—                  

(a)may be permanent or for a specified period,                  

(b)may (in either case) be withdrawn, and                  

(c)may be varied.                  

(5)The power to designate, or to withdraw or vary a designation, is exercised by the Secretary of State giving notice to the                           person in question.                  

(6)The Secretary of State may designate a person under this paragraph only if the Secretary of State is satisfied that the person—                  

(a)is capable of effectively carrying out the functions that are exercisable by virtue of the designation,                  

(b)has received adequate training in respect of the exercise of those functions, and                  

(c)is otherwise a suitable person to exercise those functions.”.                  

#### Directions to carriers and operators of portsU.K.

6U.K.After paragraph 5A (inserted by paragraph 5 above) insert—

##### “Directions to carriers and operators of ports etcU.K.

5B(1)The Secretary of State may direct—                  

(a)an owner or agent of a ship or aircraft, or                  

(b)a person concerned in the management of a port,                  

to make arrangements for designated persons to exercise a specified function, or a function of a specified description, in                        relation to persons of a specified description.                  

(2)A direction under this paragraph must specify—                  

(a)the port where, and                  

(b)the date (or dates) and time (or times) when,                  

a function is to be exercised under the arrangements.                  

(3)A direction under this paragraph must be in writing.                  

(4)A direction under this paragraph may specify a description of persons by reference, in particular, to—                  

(a)the destination to which persons are travelling;                  

(b)the route by which persons are travelling;                  

(c)the date and time when the persons are travelling.                  

(5)In this paragraph—                  
          -  “function” means a function under this Schedule;                         
          -  “specified” means specified in a direction under this paragraph.”.                         

### **PART 2**U.K.Other provision

#### OffencesU.K.

7(1)Section 27 of the Immigration Act 1971 (offences by persons connected with ships or aircraft or with ports) is amended as                        follows.U.K.

(2)In paragraph (b)—

(a)after sub-paragraph (iii) insert—

“(iiia)he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2; or”;                  

(b)in sub-paragraph (iv) for “a requirement” substitute “ any other requirement ”.

(3)After paragraph (c) insert—

“(ca)if as a person concerned in the management of a port he fails, without reasonable excuse, to comply with a direction under                           paragraph 5B of Schedule 2.”.                  

 Section 73

## SCHEDULE 9U.K.Transitional and consequential provision

### **PART 1**U.K.Provision relating to removal

#### Immigration Act 1971 (c. 77)U.K.

1U.K.In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc), in paragraph 11, after “immigration                        officer” insert “ or the Secretary of State ”.

#### Special Immigration Appeals Commission Act 1997 (c. 68)U.K.

2U.K.In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals), in subsection (2), after paragraph                        (c) insert—

“(ca)section 78A of that Act (restriction on removal of children and their parents),”.                  

#### Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

3(1)The Nationality, Immigration and Asylum Act 2002 is amended as follows.U.K.

(2)In section 62 (detention by Secretary of State)—

(a)in subsection (1)—

(i)in paragraph (a), after “under” insert “ section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or ”;

(ii)in paragraph (b), for “paragraphs” substitute “ provisions ”;

(b)in subsection (2), for “that Act” substitute “ the Immigration Act 1971 ”;

(c)omit subsections (5) and (6).

(3)In section 76 (revocation of leave to enter or remain)—

(a)in subsection (2), omit paragraphs (b) and (c);

(b)in subsection (4), omit the definition of “removed”.

#### Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19)U.K.

4U.K.In section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant's credibility; definitions),                        in paragraph (d) of the definition of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.

#### Immigration, Asylum and Nationality Act 2006 (c. 13)U.K.

5U.K.In the Immigration, Asylum and Nationality Act 2006, section 47 (removal of persons with statutorily extended leave) is repealed.

#### Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)U.K.

6U.K.In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), in paragraph 19(10),                        in the definition of “removal directions”, omit paragraph (e).

#### Consequential repealsU.K.

7U.K.The provisions shown in the table below are repealed in consequence of the amendments made by section 1 and this Part of this                        Schedule.

### **PART 2**U.K.Provision relating to detention and bail

#### Prison Act 1952 (c. 52)U.K.

8(1)Section 5A of the Prison Act 1952 (appointment and functions of Her Majesty's Chief Inspector of Prisons) is amended as follows.U.K.

(2)In subsection (5A)—

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

(b)after paragraph (b) insert—

“(ba)in relation to pre-departure accommodation within the meaning of that section, and”.                  

(3)In subsection (5B)—

(a)in paragraph (a), after “facilities” insert “ , accommodation ”;

(b)in paragraph (b)(i), after “facilities” insert “ , pre-departure accommodation ”.

#### Immigration Act 1971 (c. 77)U.K.

9U.K.In Schedule 3 to the Immigration Act 1971 (supplementary provisions as to deportation), in paragraph 3, for “33” substitute                        “ 33A ”.

#### Special Immigration Appeals Commission Act 1997 (c. 68)U.K.

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

#### Northern Ireland Act 1998 (c. 47)U.K.

11U.K.In section 69C of the Northern Ireland Act 1998 (investigations: places of detention), in subsection (3)(g), for “or short-term                        holding facility” substitute “ , a short-term holding facility or pre-departure accommodation ”.

#### Immigration and Asylum Act 1999 (c. 33)U.K.

12(1)The Immigration and Asylum Act 1999 is amended as follows.U.K.

(2)In Schedule 11 (detainee custody officers)—

(a)in the heading above paragraph 3, at the end insert “ and pre-departure accommodation ”;

(b)in paragraph 3—

(i)in sub-paragraph (1), after “facility” insert “ or in pre-departure accommodation ”;

(ii)in sub-paragraph (2), after “facility” (in both places) insert “ or accommodation ”;

(c)in paragraph 4(c), after “facility” insert “ or in pre-departure accommodation ”;

(d)in paragraph 5(c), after “facility” insert “ or in pre-departure accommodation ”.

(3)In Schedule 12 (discipline etc at removal centres)—

(a)in paragraph 4 (assisting detained persons to escape)—

(i)in sub-paragraph (1), for “or short-term holding facility” substitute “ , a short-term holding facility or pre-departure accommodation ”;

(ii)in the opening words of sub-paragraph (2), for “or short-term holding facility” substitute “ , a short-term holding facility or pre-departure accommodation ”;

(iii)in sub-paragraph (2)(a), for “or facility” substitute “ , facility or accommodation ”;

(iv)in sub-paragraph (2)(b), for “or facility” substitute “ , facility or accommodation ”;

(v)in sub-paragraph (2)(c), for “or facility” substitute “ , facility or accommodation ”;

(b)in paragraph 8 (notice of penalties)—

(i)in sub-paragraph (1), after “facility” insert “ or contracted out pre-departure accommodation ”;

(ii)in sub-paragraph (2), after “facility” insert “ or pre-departure accommodation ”.

#### Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

13U.K.In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State), in subsection (3), after                        paragraph (a) insert—

“(aa)a reference in paragraph 18B of that Schedule to an immigration officer shall be read as a reference to the Secretary of State,”.                  

#### Safeguarding Vulnerable Groups Act 2006 (c. 47)U.K.

14U.K.In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (7)(d), after “facility” insert                        “ or in pre-departure accommodation ”.

#### Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)U.K.

15U.K.In section 2 of the Corporate Manslaughter and Corporate Homicide Act 2007 (meaning of “relevant duty of care”)—

(a)in subsection (2)(b), for “or short-term holding facility” substitute “ , a short-term holding facility or in pre-departure accommodation ”;

(b)in subsection (7), for “and “short-term holding facility”” substitute “, “short-term holding facility” and “pre-departure                        accommodation””.

#### UK Borders Act 2007 (c. 30)U.K.

16U.K.In section 48 of the UK Borders Act 2007 (establishment of border and immigration inspectorate), in subsection (2A)(a), after                        “facilities” insert “ and in pre-departure accommodation ”.

### **PART 3**U.K.Provision relating to biometrics

#### Immigration and Asylum Act 1999 (c. 33)U.K.

17(1)The Immigration and Asylum Act 1999 is amended as follows.U.K.

(2)Section 143 (destruction of fingerprints) is repealed.

(3)In section 144(1) (power to make provision about other biometric information) for “, 142 and 143” substitute “ and 142 ”.

(4)Omit section 166(4)(g) (Parliamentary procedure for orders under section 143).

#### Anti-terrorism, Crime and Security Act 2001 (c. 24)U.K.

18U.K.Section 36 of the Anti-terrorism, Crime and Security Act 2001 (which amends section 143 of the Immigration and Asylum Act                        1999) is repealed.

#### Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

19U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### **PART 4**U.K.Provision relating to appeals

#### Immigration Act 1971 (c. 77)U.K.

20U.K.The Immigration Act 1971 is amended as follows.

21(1)Section 3C (continuation of leave pending variation decision) is amended as follows.U.K.

(2)In subsection (2)—

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

(b)after paragraph (c) insert “, or 

(d)an administrative review of the decision on the application for variation—                  

(i)could be sought, or                  

(ii)is pending.”                  

(3)After subsection (6) insert—

“(7)In this section—                  
          -  “administrative review” means a review conducted under the immigration rules;                         
          -  the question of whether an administrative review is pending is to be determined in accordance with the immigration rules.”                         

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24U.K.In Schedule 3 (supplementary provisions as to deportation), in paragraph 3, for the words from “of the kind” to “order)” substitute                        “ that relates to a deportation order ”.

#### British Nationality Act 1981 (c. 61)U.K.

25U.K.In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeal), in subsection (3)—

(a)omit “, 83 or 83A”;

(b)omit paragraph (a).

#### Special Immigration Appeals Commission Act 1997 (c. 68)U.K.

26(1)The Special Immigration Appeals Commission Act 1997 is amended as follows.U.K.

(2)In section 2 (jurisdiction: appeals)—

(a)in subsection (1)(a), omit “, 83(2) or 83A(2)”;

(b)in subsection (1)(b), omit “, 83(2) or 83A(2)”;

(c)in subsection (2), omit paragraphs (d), (h) and (l);

(d)omit subsections (3) and (4);

(e)in subsection (5), omit “against an immigration decision”;

(f)omit subsection (6).

(3)In section 2B (appeal to SIAC against deprivation of citizenship), omit the words from “(and” to the end.

(4)In section 6A (procedure in relation to review jurisdiction)—

(a)in the heading, for “and 2D” substitute “ to 2E ”;

(b)in subsection (1), for “or 2D” substitute “ , 2D or 2E ”;

(c)in subsection (2)—

(i)in paragraph (a), for “or 2D” substitute “ , 2D or 2E ”;

(ii)in paragraph (b), for “or (as the case may be) 2D(2)” substitute “ , 2D(2) or (as the case may be) 2E(2) ”.

(5)In section 7 (appeals from the Commission), in subsection (1A), for “or 2D” substitute “ , 2D or 2E ”.

#### Immigration and Asylum Act 1999 (c. 33)U.K.

27U.K.The Immigration and Asylum Act 1999 is amended as follows.

28U.K.Section 23 (monitoring refusals of entry clearance) is repealed.

29(1)Section 141 (fingerprinting) is amended as follows.U.K.

(2)In subsection (7)—

(a)for paragraph (c) substitute—

“(c)any person (“C”) in respect of whom the Secretary of State has decided—                  

(i)to make a deportation order, or                  

(ii)that section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies;                  

(ca)any person (“CA”) who requires leave to enter or remain in the United Kingdom but does not have it;”;                  

(b)in paragraph (f), for the words from “paragraph (c)” to the end substitute “ paragraph (c)(ii) ”.

(3)In subsection (8), for paragraph (c) substitute—

“(c)for C, when he is notified of the decision mentioned in subsection (7)(c);                  

(ca)for CA, when he becomes a person to whom this section applies;”.                  

(4)In subsection (9)—

(a)in paragraph (b), after “C” insert “ , CA ”;

(b)in paragraph (c)(i) for “relevant immigration decision” substitute “ decision mentioned in subsection (7)(c) ”;

(c)after paragraph (c) insert—

“(ca)for CA, when he no longer requires leave to enter or remain in the United Kingdom;”.                  

(5)Omit subsection (16).

#### Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

30U.K.The Nationality, Immigration and Asylum Act 2002 is amended as follows.

31U.K.In section 72 (serious criminal), in subsection (9)(a)—

(a)omit “, 83, 83A or 101”;

(b)for the words from “that to remove him” to the end substitute “ mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention),                           and ”.

Prospective

32U.K.In section 79 (deportation order: appeal), in subsection (1) for “against” substitute “ that may be brought or continued from within the United Kingdom relating to ”.

33U.K.For the heading to Part 5, substitute “ Appeals in respect of Protection and Human Rights Claims ”.

34U.K.In section 85 (matters to be considered)—

(a)in subsection (2), for “84(1)” substitute “ 84 ”;

(b)in subsection (4)—

(i)omit “, 83(2) or 83A(2)”;

(ii)omit “evidence about”;

(iii)omit “evidence which concerns”.

35U.K.Section 85A (matters to be considered: new evidence: exceptions) is repealed.

36U.K.In section 86 (determination of appeal)—

(a)in subsection (1), omit “, 83 or 83A”;

(b)in subsection (2), omit “(whether or not by virtue of section 85(1))”;

(c)omit subsections (3) to (6).

37U.K.Sections 87 to 91 are repealed.

38(1)Section 94 (appeal from within the United Kingdom) is amended as follows.U.K.

(2)In the heading, for “asylum” substitute “ protection ”.

(3)For subsections (1) to (2) substitute—

“(1)The Secretary of State may certify a protection claim or human rights claim as clearly unfounded.”                  

(4)In subsection (3)—

(a)for “an asylum claimant or human rights” substitute “ a ”;

(b)for “subsection (2)” substitute “ subsection (1) ”.

(5)In subsection (6A) for “an asylum claimant or human rights” substitute “ a ”.

(6)In subsection (7), for the words from the beginning to “certifies that” substitute “ The Secretary of State may certify a protection claim or human rights claim made by a person if ”.

(7)In subsection (8)(b), at the end insert “ or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection ”.

(8)Omit subsection (9).

39U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40U.K.Section 95 (appeal from outside the United Kingdom: removal) is repealed.

41(1)Section 96 (earlier right of appeal) is amended as follows.U.K.

(2)In subsection (1)—

(a)in the opening words, for the words from the beginning to “brought” substitute “ A person may not bring an appeal under section 82 against a decision (“the new decision”) ”;

(b)in paragraph (a), omit “immigration”;

(c)in paragraph (b) for “matter” substitute “ ground ”;

(d)in paragraph (c) for “matter” substitute “ ground ”.

(3)For subsection (2) substitute—

“(2)A person may not bring an appeal under section 82 if the Secretary of State or an immigration officer certifies—                  

(a)that the person has received a notice under section 120(2),                  

(b)that the appeal relies on a ground that should have been, but has not been, raised in a statement made under section 120(2)                           or (5), and                  

(c)that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground                           not having been raised in a statement under section 120(2) or (5).”                  

42U.K.In section 97 (national security etc)—

(a)in subsection (1), omit “, 83(2) or 83A(2)”;

(b)in subsection (3), omit “, 83(2) or 83A(2)”.

43U.K.In section 97A (national security: deportation)—

(a)in subsection (2B), for the words from “breach” to the end substitute “ be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention)                           ”;

(b)omit subsections (2D), (2E) and (3).

44U.K.Section 97B (variation of leave on grounds of public good: rights of appeal) is repealed.

45U.K.Section 98 (other grounds of public good) is repealed.

46U.K.In section 99—

(a)in the heading, for “Sections 97 and 98” substitute “ Section 97 ”;

(b)in subsection (1), omit “or 98”.

47(1)Section 104 (pending appeal) is amended as follows.U.K.

(2)Omit subsection (4).

(3)In subsection (4A), for “subsections (4B) and (4C)” substitute “ subsection (4B) ”.

(4)In subsection (4B)—

(a)for “the ground relating to the Refugee Convention specified in section 84(1)(g)” substitute “ a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) ”;

(b)omit paragraph (a) (and the “and” immediately following it).

(5)Omit subsections (4C) and (5).

48(1)Section 105 (notice of immigration decision) is amended as follows.U.K.

(2)In subsection (1), for “immigration” substitute “ appealable ”.

(3)In subsection (2)—

(a)in the opening words, for “a decision against which the person is entitled to appeal under section 82(1)” substitute “ an appealable decision ”;

(b)in paragraph (a) for “that section” substitute “ section 82 ”.

(4)At the end insert—

“(4)In this section “appealable decision” means a decision mentioned in section 82(1).”                  

49U.K.In section 106 (rules)—

(a)in subsection (3), omit “, 83 or 83A”;

(b)in subsection (4), omit “, 83 or 83A”.

50U.K.In section 107 (practice directions), in subsection (3), omit “, 83 or 83A”.

51U.K.In section 108 (forged documents: proceedings in private), in subsection (1)(a), omit “, 83 or 83A”.

52U.K.In section 112 (regulations etc)—

(a)omit subsection (3A);

(b)in subsection (4), omit “or 115(8)”;

(c)in subsection (5), omit “or 115(9)”.

53(1)Section 113 (interpretation) is amended as follows.U.K.

(2)In subsection (1)—

(a)in the definition of “human rights claim”—

(i)after “Kingdom” insert “ or to refuse him entry into the United Kingdom ”;

(ii)omit “as being incompatible with his Convention rights”;

(b)at the appropriate places insert—

““humanitarian protection” has the meaning given in section 82(2);”                  

““protection claim” has the meaning given in section 82(2)”;                  

““protection status” has the meaning given in section 82(2)”;                  

(c)omit the definitions of “entry clearance”, “illegal entrant”, “prescribed”, “visitor” and “work permit”;

(d)in the definition of “immigration rules”, for “that Act” substitute “ the Immigration Act 1971 ”.

(3)Omit subsection (2).

54U.K.Section 115 (appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision) is repealed.

55U.K.For section 120 (requirement to state additional grounds for application) substitute—

##### “120Requirement to state additional grounds for application etc

#### Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)U.K.

56(1)Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country)                        is amended as follows.U.K.

(2)In paragraph 1, at the end insert—

“(3)Section 92 of the Nationality, Immigration and Asylum Act 2002 makes further provision about the place from which an appeal                           relating to an asylum or human rights claim may be brought or continued.”                  

(3)In paragraph 5—

(a)omit sub-paragraph (2);

(b)in sub-paragraph (3), for the words from “by virtue of” to “rights)” substitute “ from within the United Kingdom ”;

(c)in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act” substitute “ from within the United Kingdom ”.

(4)In paragraph 10—

(a)omit sub-paragraph (2);

(b)in sub-paragraph (3), for the words from “by virtue of” to “rights)” substitute “ from within the United Kingdom ”;

(c)in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act” substitute “ from within the United Kingdom ”.

(5)In paragraph 15—

(a)omit sub-paragraph (2);

(b)in sub-paragraph (3), for the words from “by virtue of” to “rights)” substitute “ from within the United Kingdom ”;

(c)in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act” substitute “ from within the United Kingdom ”.

(6)In paragraph 19—

(a)omit paragraph (a);

(b)in paragraph (b), for the words from “by virtue of” to “rights)” substitute “ from within the United Kingdom ”;

(c)in paragraph (c), for “by virtue of section 92(4)(a) of that Act” substitute “ from within the United Kingdom ”.

#### Immigration, Asylum and Nationality Act 2006 (c. 13)U.K.

57(1)The Immigration, Asylum and Nationality Act 2006 is amended as follows.U.K.

(2)In section 12(3) (new definition of human rights claims), in paragraph (a) of the definition of “human rights claim”—

(a)after “Kingdom” insert “ or to refuse him entry into the United Kingdom ”;

(b)omit “as being incompatible with his Convention rights”.

(3)Section 13 (appeal from within the United Kingdom: certification of unfounded claim) is repealed.

(4)In section 55 (Refugee Convention: certification), in subsection (2)(a)—

(a)in sub-paragraph (i), omit “, 83 or 101”;

(b)for sub-paragraph (ii) substitute—

“(ii)which is brought on the ground mentioned in section 84(1)(a) or (3)(a) of that Act (breach of United Kingdom's obligations                           under the Refugee Convention);”.                  

(5)In Schedule 1 (consequential amendments) paragraph 11 (amendment to section 112(5) of the 2002 Act) is repealed.

#### UK Borders Act 2007 (c. 30)U.K.

58U.K.In section 17 of the UK Borders Act 2007 (support for failed asylum-seekers), in subsection (2)—

(a)in paragraph (a), omit “against an immigration decision”;

(b)in paragraph (b), omit “against an immigration decision”.

#### Equality Act 2010 (c. 15)U.K.

59U.K.In section 115 of the Equality Act 2010 (immigration cases), in subsection (8) after “2D” insert “ and 2E ”.

#### Consequential repealsU.K.

60U.K.The provisions shown in the table below are repealed in consequence of the amendments made by sections 15 to 18 and this Part                        of this Schedule.

### **PART 5**U.K.Provision relating to employment

#### Immigration, Asylum and Nationality Act 2006 (c. 13)U.K.

61U.K.In section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty), in subsection (6)(e), after “penalty” insert                        “ or make an appeal against it ”.

### **PART 6**U.K.Provision relating to driving licences

#### Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))U.K.

62U.K.In Article 5 of the Road Traffic (Northern Ireland) Order 1981 (tests of competence to drive)—

(a)in paragraph (1), omit “meets the relevant residence requirement and”;

(b)omit paragraph (1A);

(c)in paragraph (4)(aa) for “normally resident in Northern Ireland or the United Kingdom” insert “ normally and lawfully resident in Northern Ireland or the United Kingdom (within the meaning of Article 13A) ”.

#### Road Traffic Act 1988 (c. 52)U.K.

63U.K.In section 89 of the Road Traffic Act 1988 (tests of competence to drive)—

(a)in subsection (1), omit “meets the relevant residence requirement and”;

(b)omit subsection (1A);

(c)in subsection (4)(aa) for “normally resident in Great Britain or the United Kingdom” substituted “ normally and lawfully resident in Great Britain or the United Kingdom (within the meaning of section 97A) ”.

#### Road Safety Act 2006 (c. 49)U.K.

64U.K.In Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), in paragraph 9—

(a)after sub-paragraph (3) insert—

“(3A)In subsection (3ZA), omit “and its counterpart”.”;                  

(b)in sub-paragraph (6A)(b), at the end insert “ in both places ”.

#### Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10))U.K.

65U.K.In Schedule 5 to the Road Traffic (Northern Ireland) Order 2007 (endorsement: all drivers: consequential amendments), in paragraph                        6, after sub-paragraph (a) insert—

“(aa)in paragraph (5ZA), omit “and its counterpart”.”                  

### **PART 7**U.K.Provision relating to marriage and civil partnership

#### Transitional provisionU.K.

66U.K.The provisions of sections 48 to 51, and the amendments made by Schedule 4, apply only to proposed marriages and civil partnerships                        in respect of which notice under section 27 of the Marriage Act 1949 or under section 8 of the Civil Partnership Act 2004                        is given after the day on which the provisions and amendments come into force.

### **PART 8**U.K.Provision relating to immigration advisers and immigration service providers

#### Transitional provisionU.K.

67(1)On the day on which paragraph 2 of Schedule 7 comes into force the Immigration Services Commissioner must register in the                        register maintained under section 85(1) of the Immigration and Asylum Act 1999 each person who, immediately before that day,                        was an exempt person (within the meaning given by section 84(4)(a) of that Act).U.K.

(2)The registration of a person by reason of sub-paragraph (1) may be made so as to have effect only in relation to a specified                        field of advice or services.

68(1)In the provisions listed in sub-paragraph (2)—U.K.

(a)references to a person who, at the time to which a charge or (as the case may be) a complaint relates, was a registered person                        do not include a person who ceased to be a registered person before the day on which paragraph 7 of Schedule 7 comes into                        force;

(b)references to a person who, at the time to which a charge or (as the case may be) a complaint relates, was acting on behalf                        of a registered person do not include—

(i)a person who ceased to act on behalf of a registered person before that day;

(ii)a person who was acting on behalf of a person who ceased to be a registered person before that day.

(2)The provisions are—

(a)section 89(2) to (2B) of the Immigration and Asylum Act 1999;

(b)paragraph 5(3)(za), (aa) and (d) of Schedule 5 to that Act;

(c)paragraph 9(1)(a), (1A) and (4)(a) of Schedule 5 to that Act.

69(1)The provisions listed in paragraph 68(2) (apart from paragraph 5(3)(d) of Schedule 5 to the Immigration and Asylum Act 1999)                        apply in relation to a person who—U.K.

(a)was an exempt person immediately before the day on which paragraph 2 of Schedule 7 comes into force, and

(b)became a registered person on that day by virtue of paragraph 67(1),

as if, while the person was an exempt person, the person had been a registered person.

(2)In paragraph 10A(2)(a) of Schedule 5 to the Immigration and Asylum Act 1999, the reference to premises which have been used                        in connection with the provision of immigration advice or immigration services by a registered person includes premises which                        have been so used by an exempt person.

(3)In this paragraph “exempt person” has the meaning given by section 84(4)(a) of the Immigration and Asylum Act 1999.

### **PART 9**U.K.Provision relating to persons unable to acquire nationality because natural father not married to mother

#### British Nationality Act 1981U.K.

70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### British Nationality (General) Regulations 2003U.K.

71(1)In regulation 14 of the British Nationality (General) Regulations 2003—U.K.

(a)after “4D(3)” insert “ or 4G(3) ”;

(b)after “section 4D” insert “ or 4G ”.

(2)The provision inserted into regulation 14 by this paragraph may be amended or revoked by the exercise of the powers conferred                        by section 41 of the British Nationality Act 1981 as if that provision had been inserted by those powers.

### **PART 10**U.K.Provision relating to embarkation checks

#### Transitional provisionU.K.

72(1)Any order or direction under paragraph 5 of Schedule 2 to the Immigration Act 1971 that has effect immediately before commencement                        has, after commencement, the same effect in relation to the production of embarkation cards to designated persons as it has                        in relation to the production of such cards to immigration officers.U.K.

(2)This paragraph is subject to the exercise, after commencement, of the powers under paragraph 5 of Schedule 2 to the Immigration                        Act 1971.

(3)In this paragraph “commencement” means the day when the amendments made by Part 1 of Schedule 8 come into force.

### **PART 11**U.K.Provision relating to fees

#### Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)U.K.

73(1)Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (amount of fees) is amended as follows.U.K.

(2)Omit subsections (1) to (2A).

(3)For subsection (3A) substitute—

“(3A)The amount of a fee under section 1 of the Consular Fees Act 1980 in respect of a matter specified in subsection (3B) may                           be set so as to reflect costs referable to the exercise of any function in respect of which the Secretary of State has made                           an order under section 68 of the Immigration Act 2014.                  

(3B)The matters are—                  

(a)the determination of applications for entry clearances (within the meaning given by section 33(1) of the Immigration Act 1971),                  

(b)the determination of applications for transit visas under section 41 of the Immigration and Asylum Act 1999, or                  

(c)the determination of applications for certificates of entitlement to the right of abode in the United Kingdom under section                           10 of the Nationality, Immigration and Asylum Act 2002.”                  

(4)In subsection (4) omit “(1)(b) or”.

(5)In subsection (7) omit from “(and any provision” to the end.

#### Immigration, Asylum and Nationality Act 2006 (c. 13)U.K.

74U.K.Sections 51 and 52 of the Immigration, Asylum and Nationality Act 2006 (fees) are repealed.

#### UK Borders Act 2007 (c. 30)U.K.

75U.K.For section 15(2)(b) of the UK Borders Act 2007 (application of certain provisions to applications for biometric immigration                        documents) substitute—

“(b)section 68 of the Immigration Act 2014 (fees);”.                  

#### Consequential repealsU.K.

76U.K.The following provisions are repealed in consequence of the amendments made by this Part of this Schedule—

(a)paragraph 6 of Schedule 2 to the Immigration, Asylum and Nationality Act 2006;

(b)section 20 of the UK Borders Act 2007.