SCHEDULES

Section 20A

[F1SCHEDULE A1U.K.Persons to whom section 20A applies

Law enforcementU.K.

1U.K.The chief officer of police for a police area in England and Wales.

2U.K.The chief constable of the Police Service of Scotland.

3U.K.The Chief Constable of the Police Service of Northern Ireland.

4U.K.The Chief Constable of the British Transport Police Force.

5U.K.A Port Police Force established under an order made under section 14 of the Harbours Act 1964.

6U.K.The Port Police Force established under Part 10 of the Port of London Act 1968.

7U.K.A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.

8U.K.The National Crime Agency.

Local governmentU.K.

9U.K.A county council or district council in England.

10U.K.A London borough council.

11U.K.The Greater London Authority.

12U.K.The Common Council of the City of London in its capacity as a local authority.

13U.K.The Council of the Isles of Scilly.

14U.K.A county council or a county borough council in Wales.

15U.K.A council constituted under section 2 of the Local Government etc (Scotland) Act 1994.

16U.K.A district council in Northern Ireland.

Regulatory bodiesU.K.

17U.K.The Gangmasters and Labour Abuse Authority.

18U.K.The Security Industry Authority.

Health bodiesU.K.

19U.K.An NHS trust established under section 25 of the National Health Service Act 2006 or under section 18 of the National Health Service (Wales) Act 2006.

20U.K.An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

21U.K.A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

22U.K.A National Health Service Trust established under section 12A of the National Health Service (Scotland) Act 1978.

23U.K.A Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (SI 1991/194 (NI 1)).

Education bodiesU.K.

24U.K.The proprietor of a school or 16 to 19 Academy within the meaning of the Education Act 1996 (see sections 4 and 579(1) of that Act).

25U.K.The governing body of an institution within the further education sector within the meaning of the Further and Higher Education Act 1992 (see sections 90 and 91 of that Act).

26U.K.The governing body of a qualifying institution within the meaning of Part 2 of the Higher Education Act 2004 (see sections 11 and 21 of that Act).

27U.K.The proprietor or governing body of a school within the meaning of the Education (Scotland) Act 1980 (see section 135(1) of that Act).

28U.K.The proprietor or governing body of a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005 (see section 35 of that Act).

29U.K.The proprietor of a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)) (see Article 2(2) of that Order).

30U.K.The governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) (see Article 2(2) of that Order).

31U.K.The governing body of a higher education institution as defined by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993 (SI 1993/2810 (NI 12)).

Registration officialsU.K.

32U.K.The Registrar General for England and Wales.

33U.K.A superintendent registrar of births, deaths and marriages.

34U.K.A registrar of births, deaths and marriages.

35U.K.A civil partnership registrar within the meaning of Chapter 1 of Part 2 of the Civil Partnership Act 2004 (see section 29 of that Act).

36U.K.The Registrar General for Scotland.

37U.K.A district registrar within the meaning of section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

38U.K.A senior registrar within the meaning of that section.

39U.K.An assistant registrar within the meaning of that section.

40U.K.The Registrar General for Northern Ireland.

41U.K.A person appointed under Article 31(1) or (3) of the Marriage (Northern Ireland) Order 2003 (SI 2003/413 (NI 3)).

42U.K.A person appointed under section 152(1) or (3) of the Civil Partnership Act 2004.

Other bodies: Northern IrelandU.K.

43U.K.The Northern Ireland Housing Executive.]

Sections 37(6) and 42(8).

SCHEDULE 1U.K. Sale of Transporters

Leave of court requiredU.K.

1(1)The sale of a transporter requires the leave of the court.U.K.

(2)The court is not to give its leave except on proof—

(a)that the penalty [F2or charge] is or was due;

(b)that the person liable to pay it or any connected expenses has failed to do so; and

(c)that the transporter which the Secretary of State seeks leave to sell is liable to sale.

Notice of proposed saleU.K.

2U.K.Before applying for leave to sell a transporter, the Secretary of State must take such steps as may be prescribed—

(a)for bringing the proposed sale to the notice of persons whose interests may be affected by a decision of the court to grant leave; and

(b)for affording to any such person an opportunity of becoming a party to the proceedings if the Secretary of State applies for leave.

[F32AU.K.Where the owner of a transporter is a party to an application for leave to sell it, in determining whether to give leave the court shall consider—

(a)the extent of any hardship likely to be caused by sale,

(b)the extent (if any) to which the owner is responsible for the matters in respect of which the penalty notice was issued, and

(c)any other matter which appears to the court to be relevant (whether specific to the circumstances of the case or of a general nature).]

Duty to obtain best priceU.K.

3U.K.If leave for sale is given, the Secretary of State must secure that the transporter is sold for the best price that can reasonably be obtained.

Effect of failure to comply with paragraph 2 or 3U.K.

4U.K.Failure to comply with any requirement of paragraph 2 or 3 in respect of any sale—

(a)is actionable against the Secretary of State at the suit of any person suffering loss in consequence of the sale; but

(b)after the sale has taken place, does not affect its validity.

Application of proceeds of saleU.K.

5(1)Any proceeds of sale arising from a sale under section 37 [F4or 42] must be applied—U.K.

(a)in making prescribed payments; and

(b)in accordance with such provision as to priority of payments as may be prescribed.

(2)The regulations may, in particular, provide for proceeds of sale to be applied in payment—

(a)of customs or excise duty,

(b)of value added tax,

(c)of expenses incurred by the Secretary of State,

(d)of any penalty [F5or charge] which the court has found to be due,

(e)in the case of the sale of an aircraft, of charges due as a result of regulations made under section 73 of the M1Civil Aviation Act 1982,

(f)of any surplus to or among the person or persons whose interests in the transporter have been divested as a result of the sale,

but not necessarily in that order of priority.

Section 56(2).

F6 SCHEDULE 2U.K. The Immigration Appeal Tribunal

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

Section 57(3).

F6 SCHEDULE 3U.K. Adjudicators

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

Section 58(2) to (4).

F6SCHEDULE 4U.K. Appeals

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

Section 83.

SCHEDULE 5U.K. The Immigration Services Commissioner

Part IU.K. Regulatory Functions

The Commissioner’s rulesU.K.

1(1)The Commissioner may make rules regulating any aspect of the professional practice, conduct or discipline of—U.K.

(a)registered persons, and

[F7(b)those acting on behalf of registered persons,]

in connection with the provision of immigration advice or immigration services.

(2)Before making or altering any rules, the Commissioner must consult such persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.

(3)In determining whether a registered person is competent or otherwise fit to provide immigration advice or immigration services, the Commissioner may take into account any breach of the rules by—

(a)that person; and

[F8(b)any person acting on behalf of that person.]

(4)The rules may, among other things, make provision requiring the keeping of accounts or the obtaining of indemnity insurance.

2(1)The Commissioner’s rules must be made or altered by an instrument in writing.U.K.

(2)Such an instrument must specify that it is made under this Schedule.

(3)Immediately after such an instrument is made, it must be printed and made available to the public.

(4)The Commissioner may charge a reasonable fee for providing a person with a copy of the instrument.

(5)A person is not to be taken to have contravened a rule made by the Commissioner if he shows that at the time of the alleged contravention the instrument containing the rule had not been made available in accordance with this paragraph.

(6)The production of a printed copy of an instrument purporting to be made by the Commissioner on which is endorsed a certificate signed by an officer of the Commissioner authorised by him for that purpose and stating—

(a)that the instrument was made by the Commissioner,

(b)that the copy is a true copy of the instrument, and

(c)that on a specified date the instrument was made available to the public in accordance with this paragraph,

is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.

(7)A certificate purporting to be signed as mentioned in sub-paragraph (6) is to be treated as having been properly signed unless the contrary is shown.

(8)A person who wishes in any legal proceedings to rely on an instrument containing the Commissioner’s rules may require him to endorse a copy of the instrument with a certificate of the kind mentioned in sub-paragraph (6).

Code of StandardsU.K.

3(1)The Commissioner must prepare and issue a code setting standards of conduct which those to whom the code applies are expected to meet.U.K.

(2)The code is to be known as the Code of Standards but is referred to in this Schedule as “the Code”.

(3)The Code is to apply to any person providing immigration advice or immigration services other than—

(a)a person who is authorised by a designated professional body to practise as a member of the profession whose members are regulated by that body;

[F9(aa)a person who is authorised by a designated qualifying regulator to provide immigration advice or immigration services;]

[F10(b)a person who is acting on behalf of a person who is within paragraph (a) [F11or (aa)] ;]

(c)a person mentioned in section 84(6).

(4)It is the duty of any person to whom the Code applies to comply with its provisions in providing immigration advice or immigration services.

(5)If the Commissioner alters the Code, he must re-issue it.

(6)Before issuing the Code or altering it, the Commissioner must consult—

(a)each of the designated professional bodies;

[F12(aa)each of the designated qualifying regulators;]

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the Lord President of the Court of Session;

(d)the Lord Chief Justice of Northern Ireland; and

(e)such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.

(7)The Commissioner must publish the Code in such form and manner as the Secretary of State may direct.

Extension of scope of the CodeU.K.

4(1)The Secretary of State may by order provide for the provisions of the Code, or such provisions of the Code as may be specified by the order, to apply to—U.K.

(a)persons authorised by any designated professional body to practise as a member of the profession whose members are regulated by that body; and

[F14(b)persons acting on behalf of persons who are within paragraph (a).]

(2)If the Secretary of State is proposing to act under sub-paragraph (1) he must, before doing so, consult—

(a)the Commissioner;

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the [F16Scottish Legal Complaints Commission], if the proposed order would affect a designated professional body in Scotland;

(d)the lay observers appointed under Article 42 of the M2Solicitors (Northern Ireland) Order 1976, if the proposed order would affect a designated professional body in Northern Ireland.

(3)An order under sub-paragraph (1) requires the approval of—

(a)the [F17Department of Justice in Northern Ireland] , if it affects a designated professional body in F18... Northern Ireland;

(b)the Scottish Ministers, if it affects a designated professional body in Scotland.

[F19(4)Before deciding whether or not to give its approval under sub-paragraph (3)(a), the Department of Justice in Northern Ireland must consult the Lord Chief Justice of Northern Ireland.]

(5)Before deciding whether or not to give their approval under sub-paragraph (3)(b), the Scottish Ministers must consult the Lord President of the Court of Session.

[F20InspectionsU.K.

4AU.K.The Commissioner may carry out inspections of the activities and businesses of registered persons.]

Investigation of complaintsU.K.

5(1)The Commissioner must establish a scheme (“the complaints scheme”) for the investigation by him of relevant complaints made to him in accordance with the provisions of the scheme.U.K.

(2)Before establishing the scheme or altering it, the Commissioner must consult—

(a)each of the designated professional bodies; and

(b)such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.

(3)A complaint is a relevant complaint if it relates to—

No commentary item could be found for this reference key-b7ce7ed6f4735e60d721aa948a36dfcc[F21(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,]

(a)the competence or fitness of [F22any other person] to provide immigration advice or immigration services,

[F23(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,]

(b)the competence or fitness of [F24any other person] [F25acting on behalf of] a person providing immigration advice or immigration services,

(c)an alleged breach of the Code,

(d)an alleged breach of one or more of the Commissioner’s rules by [F26a person who, at the time to which the complaint relates, was a registered person or a person acting on behalf of a registered person] , or

[F27(e)an alleged breach of a rule of a relevant regulatory body,]

[F28but not if the complaint is excluded by sub-paragraph (3A).]

[F29(3A)A complaint is excluded if—

(a)it relates to a person who is excluded from the application of subsection (1) of section 84 by subsection (6) of that section, or

(b)it relates to a person within section 84(2)(ba).]

(4)The Commissioner may, on his own initiative, investigate any matter which he would have power to investigate on a complaint made under the complaints scheme.

(5)In investigating any such matter on his own initiative, the Commissioner must proceed as if his investigation were being conducted in response to a complaint made under the scheme.

6(1)The complaints scheme must provide for a person who is the subject of an investigation under the scheme to be given a reasonable opportunity to make representations to the Commissioner.U.K.

(2)Any person who is the subject of an investigation under the scheme must—

(a)take such steps as are reasonably required to assist the Commissioner in his investigation; and

(b)comply with any reasonable requirement imposed on him by the Commissioner.

(3)If a person fails to comply with sub-paragraph (2)(a) or with a requirement imposed under sub-paragraph (2)(b) the Commissioner may—

(a)in the case of a registered person, cancel his registration;

F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31(c)in any other case, refer the matter to any relevant regulatory body.]

F32...U.K.

F327U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of complaintsU.K.

8(1)On determining a complaint under the complaints scheme, the Commissioner must give his decision in a written statement.U.K.

(2)The statement must include the Commissioner’s reasons for his decision.

(3)A copy of the statement must be given by the Commissioner to—

(a)the person who made the complaint; and

(b)the person who is the subject of the complaint.

9(1)On determining a complaint under the complaints scheme, the Commissioner may—U.K.

[F33(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;]

F34(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(c)refer the complaint and his decision on it to a relevant regulatory body;]

F36(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)lay before the [F37First-tier Tribunal] a disciplinary charge against a relevant person.

[F38(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.]

[F39(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).]

(2)Sub-paragraph (3) applies if—

(a)the [F40First-tier Tribunal] is considering a disciplinary charge against a relevant person; and

(b)the Commissioner asks it to exercise its powers under that sub-paragraph.

(3)The [F41First-tier Tribunal] may give directions (which are to have effect while it is dealing with the charge)—

[F42(a)imposing restrictions on the provision of immigration advice or immigration services by the relevant person or by a person acting on his behalf or under his supervision;]

[F42(b)prohibiting the provision of immigration advice or immigration services by the relevant person or a person acting on his behalf or under his supervision.]

[F43(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.]

Complaints referred to designated professional bodiesU.K.

10(1)This paragraph applies if the Commissioner refers a complaint to a designated professional body under paragraph 9(1)(c).U.K.

(2)The Commissioner may give directions setting a timetable to be followed by the designated professional body—

(a)in considering the complaint; and

(b)if appropriate, in taking disciplinary proceedings in connection with the complaint.

(3)In making his annual report to the Secretary of State under paragraph 21, the Commissioner must take into account any failure of a designated professional body to comply (whether wholly or in part) with directions given to it under this paragraph.

(4)Sub-paragraph (5) applies if the Commissioner or the Secretary of State considers that a designated professional body has persistently failed to comply with directions given to it under this paragraph.

(5)The Commissioner must take the failure into account in determining whether to make a report under section 86(9)(b) and the Secretary of State must take it into account in determining whether to make an order under section 86(2).

[F44Power 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.U.K.

(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.]

Part IIU.K. Commissioner’s Status, Remuneration and Staff etc

StatusU.K.

11(1)The Commissioner is to be a corporation sole.U.K.

(2)The Commissioner and the members of the Commissioner’s staff are not to be regarded as the servants or agents of the Crown or as having any status, privilege or immunity of the Crown.

Period of officeU.K.

12(1)The Commissioner—U.K.

(a)is to hold office for a term of five years; but

(b)may resign at any time by notice in writing given to the Secretary of State.

(2)The Secretary of State may dismiss the Commissioner—

(a)on the ground of incapacity or misconduct; or

(b)if he is satisfied—

(i)that he has been convicted of a criminal offence; or

(ii)that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors.

(3)The Commissioner is eligible for re-appointment when his term of office ends.

Terms and conditions of appointmentU.K.

13U.K.Subject to the provisions of this Schedule, the Commissioner is to hold office on such terms and conditions as the Secretary of State may determine.

Remuneration, expenses and pensionsU.K.

14(1)There is to be paid to the Commissioner such remuneration and expenses as the Secretary of State may determine.U.K.

(2)The Secretary of State may pay, or provide for the payment of, such pensions, allowances or gratuities to or in respect of the Commissioner as he may determine.

CompensationU.K.

15U.K.If a person ceases to be the Commissioner, otherwise than when his term of office ends, and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may make a payment to him of such amount as the Secretary of State may determine.

Deputy CommissionerU.K.

16(1)The Secretary of State must appoint a person to act as Deputy Commissioner.U.K.

(2)During any vacancy in the office of Commissioner, or at any time when he is unable to discharge his functions, the Deputy Commissioner may act in his place.

(3)Paragraphs 11(2) and 12 to 15 apply to the Deputy Commissioner as they apply to the Commissioner.

StaffU.K.

17(1)Subject to obtaining the approval of the Secretary of State as to numbers and terms and conditions of service, the Commissioner may appoint such staff as he considers appropriate.U.K.

(2)Subject to obtaining the approval of the Secretary of State, the Commissioner may pay, or provide for the payment of, such pensions, allowances or gratuities (including by way of compensation for loss of office or employment) to or in respect of his staff as he considers appropriate.

(3)Any functions of the Commissioner may, to the extent authorised by him, be performed by the Deputy Commissioner or any of his staff.

(4)The M3Employers’ Liability (Compulsory Insurance) Act 1969 is not to require insurance to be effected by the Commissioner.

ExpenditureU.K.

18U.K.The Secretary of State may pay to the Commissioner—

(a)any expenses incurred or to be incurred by the Commissioner in respect of his staff; and

(b)with the approval of the Treasury, such other sums for enabling the Commissioner to perform his functions as the Secretary of State thinks fit.

ReceiptsU.K.

19(1)Subject to any general or specific directions given to him by the Secretary of State, sums received by the Commissioner in the exercise of his functions must be paid to the Secretary of State.U.K.

(2)Sums received by the Secretary of State under this paragraph must be paid into the Consolidated Fund.

(3)The approval of the Treasury is required for any direction given under this paragraph.

Accounts and recordsU.K.

20(1)The Commissioner must—U.K.

(a)keep proper accounts and proper records in relation to his accounts;

(b)prepare a statement of accounts for each financial year; and

(c)send copies of the statement to the Secretary of State and to the Comptroller and Auditor General on or before the specified date.

(2)The statement of accounts must be in such form as the Secretary of State may, with the approval of the Treasury, direct.

(3)The Comptroller and Auditor General must—

(a)examine, certify and report on each statement received by him under this paragraph; and

(b)lay copies of each statement and of his report before each House of Parliament.

(4)“Financial year” means the period of 12 months beginning with 1st April.

(5)“Specified date” means—

(a)31st August next following the end of the year to which the statement relates; or

(b)such earlier date after the end of that year as the Treasury may direct.

Annual reportU.K.

21(1)The Commissioner must, as soon as is practicable after the end of each financial year, report to the Secretary of State on the performance of his functions in that year.U.K.

[F45(2)The report must, in particular, set out the Commissioner’s opinion as to the extent to which each designated professional body has—

(a)provided effective regulation of its members in their provision of immigration advice or immigration services, and

(b)complied with requests of the Commissioner for the provision of information.]

(3)The Secretary of State must lay a copy of the report before each House of Parliament.

(4)“Financial year” has the same meaning as in paragraph 20.

Proof of instrumentsU.K.

22U.K.A document purporting to be an instrument issued by the Commissioner and to be signed by or on behalf of the Commissioner is to be received in evidence and treated as such an instrument unless the contrary is shown.

Disqualification for House of CommonsU.K.

23U.K.In Part III of Schedule 1 to the M4House of Commons Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place—

“The Immigration Services Commissioner

The Deputy Immigration Services Commissioner”.

Disqualification for Northern Ireland AssemblyU.K.

24U.K.In Part III of Schedule 1 to the M5Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place—

“The Immigration Services Commissioner

The Deputy Immigration Services Commissioner”.

The Parliamentary Commissioner Act 1967 (c.13)U.K.

25U.K.In Schedule 2 of the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert, at the appropriate place, “ The Immigration Services Commissioner ”.

Section 85(3).

SCHEDULE 6U.K. Registration

Applications for registrationU.K.

1(1)An application for registration under section 84(2)(a) F46... must—U.K.

(a)be made to the Commissioner in such form and manner, and

(b)be accompanied by such information and supporting evidence,

as the Commissioner may from time to time determine.

(2)When considering an application for registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require.

RegistrationU.K.

2(1)If the Commissioner considers that an applicant for registration is competent and otherwise fit to provide immigration advice and immigration services, he must register the applicant.U.K.

(2)Registration may be made so as to have effect—

(a)only in relation to a specified field of advice or services;

(b)only in relation to the provision of advice or services to a specified category of person;

(c)only in relation to the provision of advice or services to a member of a specified category of person; or

(d)only in specified circumstances.

Review of qualificationsU.K.

3(1)At such intervals as the Commissioner may determine, each registered person must submit an application for his registration to be continued.U.K.

(2)Different intervals may be fixed by the Commissioner in relation to different registered persons or descriptions of registered person.

(3)An application for continued registration must—

(a)be made to the Commissioner in such form and manner, and

(b)be accompanied by such information and supporting evidence,

as the Commissioner may from time to time determine.

(4)When considering an application for continued registration, the Commissioner may require the applicant to provide him with such further information or supporting evidence as the Commissioner may reasonably require.

F47(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)[F48Unless the Commissioner is required by paragraph 4A to cancel the applicant's registration] the Commissioner must continue the applicant’s registration but may, in doing so, vary the registration—

(a)so as to make it have limited effect in any of the ways mentioned in paragraph 2(2); or

(b)so as to make it have full effect.

(7)If a registered person fails, without reasonable excuse—

(a)to make an application for continued registration as required by sub-paragraph (1) F49..., or

(b)to provide further information or evidence under sub-paragraph (4),

the Commissioner may cancel the person’s registration as from such date as he may determine.

[F50Variation of registrationU.K.

3AU.K.The Commissioner may vary a person’s registration—

(a)so as to make it have limited effect in any of the ways mentioned in paragraph 2(2); or

(b)so as to make it have full effect.]

Disqualification of certain personsU.K.

4U.K.A person convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act is disqualified for registration under paragraph 2 or for continued registration under paragraph 3.

[F51Further provision for the cancellation of registrationU.K.

4AU.K.The 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.]

[F52Suspension 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—U.K.

(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.]

FeesU.K.

5(1)The Secretary of State may by order—U.K.

[F53(a)] specify fees for the registration or continued registration of persons on the register.

[F54(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.]

(2)No application under paragraph 1 or 3 is to be entertained by the Commissioner unless it is accompanied by the specified fee [F55(but this is subject to any waiver in accordance with provision under sub-paragraph (1)(b))] .

Open registersU.K.

6(1)The register must be made available for inspection by members of the public in a legible form at reasonable hours.U.K.

(2)A copy of the register or of any entry in the register must be provided—

(a)on payment of a reasonable fee;

(b)in written or electronic form; and

(c)in a legible form.

(3)Sub-paragraphs (1) and (2) also apply to—

F56(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the record kept by the Commissioner of the persons against whom there is in force a direction given by the [F57First-tier Tribunal] under section 89(8).

Section 87(5).

F58SCHEDULE 7U.K. The Immigration Services Tribunal

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

Section 95(12).

SCHEDULE 8U.K. Provision of Support: Regulations

General regulation-making powerU.K.

1U.K.The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 95 as he considers appropriate.

Determining whether a person is destituteU.K.

2(1)The regulations may provide, in connection with determining whether a person is destitute, for the Secretary of State to take into account, except in such circumstances (if any) as may be prescribed—U.K.

(a)income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and

(b)support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,

otherwise than by way of support provided under section 95.

(2)The regulations may provide that in such circumstances (if any) as may be prescribed, a person is not to be treated as destitute for the purposes of section 95.

Prescribed levels of supportU.K.

3U.K.The regulations may make provision—

(a)as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support in accordance with prescribed levels or of a prescribed kind;

(b)as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support otherwise than in accordance with the prescribed levels.

Provision of items and servicesU.K.

4U.K.The regulations may make provision for prescribed items or services to be provided or made available to persons receiving support under section 95 for such purposes and in such circumstances as may be prescribed.

Support and assets to be taken into accountU.K.

5U.K.The regulations may make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding the level or kind of support to be provided—

(a)income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and

(b)support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,

otherwise than by way of support provided under section 95.

Valuation of assetsU.K.

6U.K.The regulations may make provision as to the valuation of assets.

Breach of conditionsU.K.

7U.K.The regulations may make provision for the Secretary of State to take into account, when deciding—

(a)whether to provide, or to continue to provide, support under section 95, or

(b)the level or kind of support to be provided,

the extent to which any condition on which support is being, or has previously been, provided has been complied with.

Suspension or discontinuation of supportU.K.

8(1)The regulations may make provision for the suspension or discontinuance of support under section 95 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support).U.K.

(2)The circumstances which may be prescribed include the cessation of residence—

(a)in accommodation provided under section 95; or

(b)at an address notified to the Secretary of State in accordance with the regulations.

Notice to quitU.K.

9(1)The regulations may provide that if—U.K.

(a)as a result of support provided under section 95, a person has a tenancy or a licence to occupy accommodation,

(b)one or more of the conditions mentioned in sub-paragraph (2) are satisfied, and

(c)he is given such notice to quit as may be prescribed by the regulations,

his tenancy or licence is to be treated as ending with the period specified in that notice, regardless of when it could otherwise be brought to an end.

(2)The conditions are that—

(a)the support provided under section 95 is suspended or discontinued as a result of any provision of a kind mentioned in paragraph 8;

(b)the relevant claim for asylum has been determined;

(c)the supported person has ceased to be destitute;

(d)he is to be moved to other accommodation.

Contributions to supportU.K.

10U.K.The regulations may make provision requiring a supported person to make payments to the Secretary of State, in prescribed circumstances, by way of contributions to the cost of the provision of that support.

Recovery of sums by Secretary of StateU.K.

11(1)The regulations may provide for the recovery by the Secretary of State of sums representing the whole or part of the monetary value of support provided to a person under section 95 where it appears to the Secretary of State—U.K.

(a)that that person had, at the time when he applied for support, assets of any kind in the United Kingdom or elsewhere which were not capable of being realised; but

(b)that those assets have subsequently become, and remain, capable of being realised.

(2)An amount recoverable under regulations made by virtue of sub-paragraph (1) may be recovered—

(a)as if it were a debt due to the Secretary of State; or

(b)by such other method of recovery, including by deduction from support provided under section 95 as may be prescribed.

ProcedureU.K.

12U.K.The regulations may make provision with respect to procedural requirements including, in particular, provision as to—

(a)the procedure to be followed in making an application for support;

(b)the information which must be provided by the applicant;

(c)the circumstances in which an application may not be entertained [F59(which may, in particular, provide for an application not to be entertained where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries under paragraph (d))];

(d)the making of further enquiries by the Secretary of State;

(e)the circumstances in which, and person by whom, a change of circumstances of a prescribed description must be notified to the Secretary of State.

Section 95(13).

SCHEDULE 9U.K. Asylum Support: Interim Provisions

1(1)The Secretary of State may by regulations make provision requiring prescribed local authorities or local authorities falling within a prescribed description of authority to provide support, during the interim period, to eligible persons.U.K.

(2)“Eligible persons” means—

(a)asylum-seekers, or

(b)their dependants,

who appear to be destitute or to be likely to become destitute within such period as may be prescribed.

(3)For the purposes of sub-paragraph (1), in Northern Ireland, [F60a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))] is to be treated as a local authority.

2(1)The regulations must provide for the question whether a person is an eligible person to be determined by the local authority concerned.U.K.

(2)The regulations may make provision for support to be provided, before the determination of that question, to a person making a claim for support under the regulations by the Secretary of State or such local authority as may be prescribed.

(3)“The local authority concerned” has such meaning as may be prescribed.

3U.K.Subsections (3) to (8) of section 95 apply for the purposes of the regulations as they apply for the purposes of that section, but for the references in subsections (5) and (7) to the Secretary of State substitute references to the local authority concerned.

4U.K.The regulations may prescribe circumstances in which support for an eligible person—

(a)must be provided;

(b)must or may be refused; or

(c)must or may be suspended or discontinued.

5U.K.The regulations may provide that support—

(a)is to be provided in prescribed ways;

(b)is not to be provided in prescribed ways.

6U.K.The regulations may include provision—

(a)as to the level of support that is to be provided;

(b)for support to be provided subject to conditions;

(c)requiring any such conditions to be set out in writing;

(d)requiring a copy of any such conditions to be given to such person as may be prescribed.

[F616AU.K.The regulations may, in particular, require support to be provided subject to a condition of compliance with any restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary admission or release from detention) or paragraph 2 or 5 of Schedule 3 to that Act (restriction pending deportation).]

7U.K.The regulations may make provision that, in providing support, a local authority—

(a)are to have regard to such matters as may be prescribed;

(b)are not to have regard to such matters as may be prescribed.

8U.K.The regulations may include provision—

(a)prescribing particular areas, or descriptions of area, (which may include a locality within their own area) in which a local authority may not place asylum-seekers while providing support for them;

(b)prescribing circumstances in which a particular area, or description of area, (which may include a locality within their own area) is to be one in which a local authority may not place asylum-seekers while providing support for them;

(c)as to the circumstances (if any) in which any such provision is not to apply.

9(1)The regulations may make provision for the referral by one local authority to another of a claim for support made under the regulations if the local authority to whom the claim is made consider that it is not manifestly unfounded but—U.K.

(a)they are providing support for a number of asylum-seekers equal to, or greater than, the maximum number of asylum-seekers applicable to them; or

(b)they are providing support for a number of eligible persons equal to, or greater than, the maximum number of eligible persons applicable to them.

(2)For the purposes of any provision made as a result of sub-paragraph (1), the regulations may make provision for the determination by the Secretary of State of—

(a)the applicable maximum number of asylum-seekers;

(b)the applicable maximum number of eligible persons.

(3)The regulations may make provision for any such determination to be made—

(a)for local authorities generally;

(b)for prescribed descriptions of local authority; or

(c)for particular local authorities.

(4)The regulations may provide that a referral may not be made—

(a)to a prescribed local authority;

(b)to local authorities of a prescribed description; or

(c)in prescribed circumstances.

(5)The regulations may make provision for the payment by a local authority of any reasonable travel or subsistence expenses incurred as a result of a referral made by them.

(6)The regulations may make provision for the transfer of a claim for support, or responsibility for providing support, under the regulations from one local authority to another on such terms as may be agreed between them.

(7)In exercising any power under the regulations to refer or transfer, a local authority must have regard to such guidance as may be issued by the Secretary of State with respect to the exercise of the power.

10(1)The regulations may make provision for the referral of claims for support made to the Secretary of State to prescribed local authorities or local authorities of a prescribed description.U.K.

(2)The regulations may make provision for the payment by the Secretary of State of any reasonable travel or subsistence expenses incurred as a result of a referral made by him as a result of provision made by virtue of sub-paragraph (1).

11U.K.The regulations may make provision requiring prescribed local authorities or other prescribed bodies to give reasonable assistance to local authorities providing support under the regulations.

12U.K.The regulations may make provision for the procedure for making and determining claims for support.

13U.K.The regulations may make provision for an asylum-seeker or a dependant of an asylum-seeker who has received, or is receiving, any prescribed description of support from a local authority to be taken to have been accepted for support under the regulations by a prescribed local authority.

14U.K.A person entitled to support under the regulations is not entitled to any prescribed description of support, except to such extent (if any) as may be prescribed.

15U.K.“The interim period” means the period—

(a)beginning on such day as may be prescribed for the purposes of this paragraph; and

(b)ending on such day as may be so prescribed.

Section 102(3).

F62SCHEDULE 10U.K. Asylum Support Adjudicators

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

Section 154(7).

SCHEDULE 11U.K. Detainee Custody Officers

Obtaining certificates of authorisation by false pretencesU.K.

1U.K.A person who, for the purpose of obtaining a certificate of authorisation for himself or for any other person—

(a)makes a statement which he knows to be false in a material particular, or

(b)recklessly makes a statement which is false in a material particular,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Powers and duties of detainee custody officersU.K.

2(1)A detainee custody officer exercising custodial functions has power—U.K.

(a)to search (in accordance with rules made by the Secretary of State) any detained person in relation to whom the officer is exercising custodial functions; and

(b)to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.

(2)The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.

(3)As respects a detained person in relation to whom he is exercising custodial functions, it is the duty of a detainee custody officer—

(a)to prevent that person’s escape from lawful custody;

(b)to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;

(c)to ensure good order and discipline on his part; and

(d)to attend to his wellbeing.

(4)The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.

Short-term holding facilities [F63and pre-departure accommodation] U.K.

3(1)A detainee custody officer may perform functions of a custodial nature at a short-term holding facility [F64or in pre-departure accommodation] (whether or not he is authorised to perform custodial functions at a [F65removal centre]).U.K.

(2)When doing so, he is to have the same powers and duties in relation to the facility [F66or accommodation] and persons detained there as he would have if the facility [F66or accommodation] were a [F65removal centre].

Assaulting a detainee custody officerU.K.

4U.K.A person who assaults a detainee custody officer who is—

(a)acting in accordance with escort arrangements,

(b)performing custodial functions, F67...

(c)performing functions of a custodial nature at a short-term holding facility [F68or in pre-departure accommodation] ,[F69 or

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

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Obstructing detainee custody officersU.K.

5U.K.A person who resists or wilfully obstructs a detainee custody officer who is—

(a)acting in accordance with escort arrangements,

(b)performing custodial functions, F70...

(c)performing functions of a custodial nature at a short-term holding facility [F71or in pre-departure accommodation] , [F72or

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

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Uniforms and badgesU.K.

6U.K.For the purposes of paragraphs 4 and 5, a detainee custody officer is not to be regarded as acting in accordance with escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

Suspension and revocation of certificates of authorisationU.K.

7(1)If it appears to the Secretary of State that a detainee custody officer is not a fit and proper person to perform escort functions or custodial functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions.U.K.

(2)If it appears to the escort monitor that a detainee custody officer is not a fit and proper person to perform escort functions, he may—

(a)refer the matter to the Secretary of State; or

(b)in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.

(3)If it appears to the contract monitor for the [F65removal centre] concerned that a detainee custody officer is not a fit and proper person to perform custodial functions, he may—

(a)refer the matter to the Secretary of State; or

(b)in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.

[F73Prison officers and prisoner custody officersU.K.

8U.K.A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions.]

[F749U.K.A reference in paragraph 4(d) or 5(d) to a detainee custody officer performing functions under section 51 of the Immigration Act 2016 includes a reference to a prison officer or prisoner custody officer performing such functions.]

Section 155(2).

SCHEDULE 12U.K. Discipline etc at [F75Removal Centres]

Measuring and photographing detained personsU.K.

1(1)[F75Removal centre] rules may (among other things) provide for detained persons to be measured and photographed.U.K.

(2)The rules may, in particular, prescribe—

(a)the time or times at which detained persons are to be measured and photographed;

(b)the manner and dress in which they are to be measured and photographed; and

(c)the numbers of copies of measurements or photographs that are to be made and the persons to whom they are to be sent.

Testing for drugs or alcoholU.K.

2(1)If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with [F75removal centre] rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining—U.K.

(a)whether he has a drug in his body; or

(b)whether he has alcohol in his body.

(2)The sample required may be one or more of the following—

(a)a sample of urine;

(b)a sample of breath;

(c)a sample of a specified description.

(3)Sub-paragraph (2)(c)—

(a)applies only if the authorisation so provides; and

(b)does not authorise the taking of an intimate sample.

(4)“Authorisation” means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular [F75removal centre].

(5)“Drug” means a drug which is a controlled drug for the purposes of the M6Misuse of Drugs Act 1971.

(6)“Specified” means specified in the authorisation.

(7)“Intimate sample”—

(a)in relation to England and Wales, has the same meaning as in Part V of the M7Police and Criminal Evidence Act 1984;

(b)in relation to Scotland, means—

(i)a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(ii)a dental impression;

(iii)a swab taken from a person’s body orifice other than the mouth; and

(c)in relation to Northern Ireland, has the same meaning as in Part VI of the M8Police and Criminal Evidence (Northern Ireland) Order 1989.

Medical examinationsU.K.

3(1)This paragraph applies if—U.K.

(a)an authorisation is in force for a [F75removal centre]; and

(b)there are reasonable grounds for believing that a person detained in the centre is suffering from a disease which is specified in an order in force under sub-paragraph (7).

(2)A detainee custody officer may require the detained person to submit to a medical examination at the centre.

(3)The medical examination must be conducted in accordance with [F75removal centre] rules.

(4)A detained person who fails, without reasonable excuse, to submit to a medical examination required under this paragraph is guilty of an offence.

(5)A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.

(6)“Authorisation” means an authorisation given by the manager of the [F75removal centre] for the purpose of this paragraph.

(7)The Secretary of State may by order specify any disease which he considers might, if a person detained in a [F75removal centre] were to suffer from it, endanger the health of others there.

Assisting detained persons to escapeU.K.

4(1)A person who aids any detained person in escaping or attempting to escape from a [F75removal centre] [F76, a short-term holding facility or pre-departure accommodation] is guilty of an offence.U.K.

(2)A person who, with intent to facilitate the escape of any detained person from a [F75removal centre] [F77, a short-term holding facility or pre-departure accommodation] —

(a)conveys any thing into the centre [F78, facility or accommodation] or to a detained person,

(b)sends any thing (by post or otherwise) into the centre [F79, facility or accommodation] or to a person detained there,

(c)places any thing anywhere outside the centre [F80, facility or accommodation] with a view to its coming into the possession of a person detained there,

is guilty of an offence.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

AlcoholU.K.

5(1)A person who, contrary to [F75removal centre] rules, brings or attempts to bring any alcohol into a [F75removal centre], or to a detained person, is guilty of an offence.U.K.

(2)A person who places alcohol anywhere outside a [F75removal centre], intending that it should come into the possession of a detained person there, is guilty of an offence.

(3)A detainee custody officer or any other person on the staff of a [F75removal centre] who, contrary to [F75removal centre] rules, allows alcohol to be sold or used in the centre is guilty of an offence.

(4)A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.

(5)“Alcohol” means any spirituous or fermented liquor.

Introduction of other articlesU.K.

6(1)A person who—U.K.

(a)conveys or attempts to convey any thing into or out of a [F75removal centre] or to a detained person, contrary to [F75removal centre] rules, and

(b)is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

(2)A person who—

(a)places any thing anywhere outside a [F75removal centre], intending it to come into the possession of a detained person, and

(b)is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

(3)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Notice of penaltiesU.K.

7(1)In the case of a contracted out [F75removal centre], the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable to be fixed outside the centre in a conspicuous place.U.K.

(2)In the case of any other [F75removal centre], the Secretary of State must cause such a notice to be fixed outside the centre in a conspicuous place.

8(1)In the case of a contracted out short-term holding facility [F81or contracted out pre-departure accommodation] , the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility [F81or contracted out pre-departure accommodation] in a conspicuous place.U.K.

(2)In the case of any other short-term holding facility [F82or pre-departure accommodation] , the Secretary of State must cause such a notice to be fixed outside the facility [F82or pre-departure accommodation] in a conspicuous place.

[F83Prison officers and prisoner custody officersU.K.

9U.K.A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions.]

Section 156(5).

SCHEDULE 13U.K. Escort Arrangements

Monitoring of escort arrangementsU.K.

1(1)Escort arrangements must include provision for the appointment of a Crown servant as escort monitor.U.K.

(2)The escort monitor must—

(a)keep the escort arrangements under review and report on them to the Secretary of State as required in accordance with the arrangements;

(b)from time to time inspect the conditions in which detained persons are transported or held in accordance with the escort arrangements;

(c)make recommendations to the Secretary of State, with a view to improving those conditions, whenever he considers it appropriate to do so;

(d)investigate, and report to the Secretary of State on, any allegation made against a detainee custody officer or prisoner custody officer in respect of any act done, or failure to act, when carrying out functions under the arrangements;

(3)Paragraph (d) of sub-paragraph (2) does not apply in relation to—

(a)detainee custody officers employed as part of the Secretary of State’s staff; or

(b)an act or omission of a prisoner custody officer so far as it falls to be investigated by a prisoner escort monitor under section 81 of the M9Criminal Justice Act 1991 or under section 103 or 119 of the M10Criminal Justice and Public Order Act 1994.

Powers and duties of detainee custody officersU.K.

2(1)A detainee custody officer acting in accordance with escort arrangements has power—U.K.

(a)to search (in accordance with rules made by the Secretary of State) any detained person for whose delivery or custody the officer is responsible in accordance with the arrangements; and

(b)to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.

(2)The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.

(3)As respects a detained person for whose delivery or custody he is responsible in accordance with escort arrangements, it is the duty of a detainee custody officer—

(a)to prevent that person’s escape from lawful custody;

(b)to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;

(c)to ensure good order and discipline on his part; and

(d)to attend to his wellbeing.

(4)The Secretary of State may make rules with respect to the performance by detainee custody officers of their duty under sub-paragraph (3)(d).

(5)The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.

Breaches of disciplineU.K.

3(1)Sub-paragraph (2) applies if a detained person for whose delivery or custody a person (“A”) has been responsible in accordance with escort arrangements is delivered to a [F84removal centre].U.K.

(2)The detained person is to be treated, for the purposes of such [F84removal centre] rules as relate to disciplinary offences, as if he had been in the custody of the director of the [F84removal centre] at all times while A was so responsible.

(3)Sub-paragraph (4) applies if a detained person for whose delivery or custody a person (“B”) has been responsible in accordance with escort arrangements is delivered to a prison.

(4)The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible.

(5)“Director” means—

(a)in the case of a contracted out [F84removal centre], the person appointed by the Secretary of State in relation to the centre under section 149 or such other person as the Secretary of State may appoint for the purposes of this paragraph;

(b)in the case of any other [F84removal centre], the manager of the [F84removal centre].

(6)This paragraph does not authorise the punishment of a detained person under [F84removal centre] rules or prison rules in respect of any act or omission of his for which he has already been punished by a court.

(7)“Prison rules” means—

(a)rules made under section 47 of the M11Prison Act 1952;

(b)rules made under section 19 of the M12Prisons (Scotland) Act 1989;

(c)rules made under section 13 of the M13Prison Act (Northern Ireland) 1953.

Section 169(1).

SCHEDULE 14U.K. Consequential Amendments

The Marriages (Ireland) Act 1844 (c.81)U.K.

F851U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Marriage Law (Ireland) Amendment Act 1863 (c.27)U.K.

F862U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Marriage Act 1949 (c.76)U.K.

3U.K.The Marriage Act 1949 is amended as follows.

4U.K.In section 3(1) (marriages of persons under 21)—

(a)for “a certificate” substitute “ certificates ”; and

(b)omit “whether by licence or without licence,”.

5U.K.In section 5 (methods of authorising marriages), in paragraph (d), for “a certificate” substitute “ certificates ”.

6U.K.In section 17 (marriage under superintendent registrar’s certificate)—

(a)for “a certificate” substitute “ certificates ”; and

(b)for “notice of marriage and certificate” substitute “ notices of marriage and certificates ”.

7U.K.In section 25 (void marriages)—

(a)in paragraph (b), for “a certificate” substitute “ certificates ”;

(b)in paragraph (c), for “a certificate of a superintendent registrar which is” substitute “ certificates of a superintendent registrar which are ”; and

(c)in paragraph (d), for “a certificate” substitute “ certificates ” and for “notice of marriage and certificate” substitute “ notices of marriage and certificates ”.

8U.K.In section 27(1) (notice of marriage), for “a certificate” substitute “ certificates ”.

9U.K.In section 27A (additional information required in certain cases)—

(a)in subsections (2) and (3), for the first “the notice” substitute “ each notice ”;

(b)in subsection (4), for the first “The person” substitute “ Each person ”; and

(c)in subsection (6), for “either” substitute “ each ”.

10U.K.In section 27B (provisions relating to section 1(3) marriages)—

(a)in subsection (1), for “a certificate” substitute “ certificates ”;

(b)in subsections (4) and (6), omit “or licence”; and

(c)in subsection (5), omit “, or certificate and licence,”.

11U.K.In section 28(1) (declaration to accompany notice of marriage), omit “or licence” and for paragraph (b) substitute—

“(b)that the persons to be married have for the period of 7 days immediately before the giving of the notice had their usual places of residence within the registration district or registration districts in which notice is given;”.

12U.K.In section 29 (caveat against issue of certificate or licence), omit every “or licence”.

13U.K.In section 30 (provision for issue of certificate to be forbidden) for first “a certificate” substitute “ certificates ”.

14U.K.In section 31 (marriage certificates)—

(a)in subsections (1) and (4), for “a certificate” substitute “ certificates ”; and

(b)in subsection (5), for “one of the persons to be married” substitute “ the person by whom notice of marriage was given ”.

15U.K.For section 33 substitute—

“33 Period of validity of certificate.

(1)A marriage may be solemnized on the authority of certificates of a superintendent registrar at any time within the period which is the applicable period in relation to that marriage.

(2)If the marriage is not solemnized within the applicable period—

(a)the notices of marriage and the certificates are void; and

(b)no person may solemnize the marriage on the authority of those certificates.

(3)The applicable period, in relation to a marriage, is the period beginning with the day on which the notice of marriage was entered in the marriage notice book and ending—

(a)in the case of a marriage which is to be solemnized in pursuance of section 26(1)(dd), 37 or 38, on the expiry of three months; and

(b)in the case of any other marriage, on the expiry of twelve months.

(4)If the notices of marriage given by each person to be married are not given on the same date, the applicable period is to be calculated by reference to the earlier of the two dates.”

16U.K.For section 34 substitute—

“34 Marriages normally to be solemnized in registration district in which one party resides.

Subject to section 35, a superintendent registrar may not issue a certificate for the solemnization of a marriage elsewhere than within a registration district in which one of the persons to be married has resided for 7 days immediately before the giving of the notice of marriage.”

17(1)Section 35 (marriages in registration district in which neither party resides) is amended as follows.U.K.

(2)In subsection (1)—

(a)omit “, or if the marriage is to be by licence, a certificate and a licence,”; and

(b)for “or certificate and licence is issued” substitute “ is issued in respect of each of the persons to be married ”.

(3)In subsections (2) and (4), omit “or, if the marriage is to be by licence, a certificate and a licence,”.

(4)In subsections (2A) and (2B), omit “or, if the marriage is to be by licence, a certificate and licence,”.

(5)In subsection (5)—

(a)for “a certificate” substitute “ certificates ”;

(b)for “the notice” substitute “ each notice ”; and

(c)for “the certificate” substitute “ each certificate ”.

18U.K.Omit section 36 (superintendent registrar not normally to issue licences for marriages in registered buildings outside his district).

19U.K.In section 37(1) (one party resident in Scotland)—

(a)for first “a certificate” substitute “ certificates ”; and

(b)omit “without licence”.

20(1)Section 38 (one party resident in Northern Ireland) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “a certificate” substitute “ certificates ”; and

(b)omit “without licence”.

(3)In subsection (2), for “and place of residence” substitute “ , place of residence and nationality ”.

(4)In subsection (3), for “twenty-one” substitute “ 15 ”.

21U.K.In section 39(1) (issue of certificates on board Her Majesty’s ships)—

(a)for first “a certificate” substitute “ certificates ”; and

(b)omit “without licence”.

22U.K.In section 40 (forms of certificates for marriage), omit subsection (2).

23U.K.In section 44(1) (solemnization of marriage in registered buildings), for “a notice of marriage and certificate” substitute “ the notices of marriage and certificates ”.

24U.K.In section 45(1) (solemnization of marriage in register office)—

(a)for “a certificate” substitute “ certificates ”;

(b)for first “notice” substitute “ notices ”;

(c)for “notice has” substitute “ notices have ”; and

(d)for “certificate or certificate and licence, as the case may be, has or” substitute “ certificates ”.

25U.K.In section 47(2) (marriages according to usages of Society of Friends), in paragraph (a), for “the person” substitute “ each person ”.

26U.K.In section 48(1) (proof of certain matters not necessary to validity of marriages), in paragraph (a), for “notice” substitute “ notices ”.

27U.K.In section 49 (void marriages)—

(a)in paragraph (b), after “issued” insert “ , in respect of each of the persons to be married, ”;

(b)omit paragraph (c);

(c)in paragraph (d), for “a certificate which is” substitute “ certificates which are ”; and

(d)in paragraph (e), for “notice” substitute “ notices ” and for “certificate” substitute “ certificates ”.

28U.K.In section 50 (person to whom certificate to be delivered)—

(a)in subsection (1), for “a certificate” substitute “ certificates ” and omit “the certificate or, if notice of marriage has been given to more than one superintendent registrar,”;

(b)omit subsection (2); and

(c)in subsection (3), for “certificate or certificate and licence, as the case may be,” substitute “ certificates ”.

29U.K.In section 51(1) (fees of registrars for attending marriages), omit from first “the sum” to “case,”.

30(1)Section 75 (offences relating to solemnization of marriages) is amended as follows.U.K.

(2)In subsection (1)(b), for “a certificate” substitute “ certificates ”.

(3)In subsection (2)—

(a)in paragraph (a)(ii), for “notice of marriage and certificate” substitute “ notices of marriage and certificates ”;

(b)in paragraph (d), for “a certificate” substitute “ certificates ” and for from “(not being” to “book” substitute “ before the expiry of the waiting period in relation to each notice of marriage ”; and

(c)in paragraph (e), for “a certificate” substitute “ certificates ”.

(4)After subsection (2), insert—

“(2A)In subsection (2)(d) “the waiting period” has the same meaning as in section 31(4A).”

(5)In subsection (3), for paragraph (a) substitute—

“(a)issues any certificate for marriage before the expiry of 15 days from the day on which the notice of marriage was entered in the marriage notice book;”.

(6)In subsection (3), in paragraph (b), omit “or licence”.

31U.K.In section 78(3) (interpretation), in paragraph (a), for “the notice” substitute “ each notice ”.

32U.K.In Schedule 4 (provisions of Act which are excluded or modified in their application to naval, military and air force chapels), in Part III (exclusion of provisions relating to marriages otherwise than according to the rites of the Church of England), omit “The proviso to subsection (2) of section twenty-six”.

The Family Law Reform Act 1969 (c.46)U.K.

37U.K.In section 2(3) (provisions relating to marriage), omit “or licence” in both cases.

The Marriage (Registrar General’s Licence) Act 1970 (c.34)U.K.

38U.K.The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.

39U.K.In section 1(1) (marriages which may be solemnised by Registrar General’s licence), for “a certificate” substitute “ certificates ”.