Immigration and Asylum Act 1999 (c. 33)

(The document as of February, 2008)

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2 The Tribunal is to have a President appointed by the Lord Chancellor from among those of its members who are legally qualified.

Terms and conditions of appointment

3 (1) Each member is to hold and vacate office in accordance with the terms of his appointment.

(2) A member is eligible for re-appointment when his term of office ends.

(3) A member may resign at any time by notice in writing given to the Lord Chancellor.

(4) The Lord Chancellor may dismiss a member on the ground of incapacity or misconduct.

Remuneration and expenses

4 The Lord Chancellor may pay to any member such remuneration and expenses as he may determine.

Proceedings

5 The Tribunal is to sit at such times and in such places as the Lord Chancellor may direct.

6 (1) The Commissioner is entitled to be represented before the Tribunal, in relation to the hearing of appeals or disciplinary charges, by such persons as he may authorise.

(2) The Commissioner may authorise a person to represent him before the Tribunal in relation to--

(a) specified proceedings; or

(b) all or specified categories of proceedings.

(3) "Specified" means specified by the Commissioner.

Rules of procedure

7 (1) The Lord Chancellor may make rules as to the procedure and practice to be followed in relation to the exercise of the Tribunal's functions.

(2) Before making or altering any such rules, the Lord Chancellor must consult the Scottish Ministers.

(3) Subject to the provisions of this Schedule and the rules, the Tribunal may determine its own procedure.

(4) The rules must make provision for any person appealing to the Tribunal or otherwise subject to its jurisdiction to be entitled to be legally represented.

(5) The rules may, in particular, make provision--

(a) as to the mode and burden of proof and the giving and admissibility of evidence;

(b) for proceedings before the Tribunal to be capable of being determined in the absence of any party to the proceedings if that party has failed, without reasonable excuse, to appear before the Tribunal or has failed to comply with any reasonable directions given by the Tribunal as to the conduct of the proceedings;

(c) with respect to other matters preliminary or incidental to, or arising out of, any matter with respect to which the Tribunal is or may be exercising functions;

(d) as to the period within which an appeal against a decision of the Commissioner can be brought;

(e) authorising such functions of the Tribunal as may be specified in the rules to be exercised by a single member.

Suspending the effect of a relevant decision

8 (1) A relevant decision of the Commissioner is not to have effect while the period within which an appeal may be brought against the decision is running.

(2) If the appellant applies to the Tribunal under this paragraph, the Tribunal may direct that while the appeal is being dealt with--

(a) no effect is to be given to the decision appealed against; or

(b) only such limited effect is to be given to it as may be specified in the direction.

(3) Rules under paragraph 7 must include provision requiring the Tribunal to consider applications by the Commissioner for the cancellation or variation of directions given under this paragraph.

Staff

9 (1) The Lord Chancellor may appoint such staff for the Tribunal as he considers appropriate.

(2) The Lord Chancellor 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 the Tribunal's staff as he considers appropriate.

Expenditure

10 The Lord Chancellor may pay such other expenses of the Tribunal as he considers appropriate.

Meaning of "legally qualified"

11 A person is legally qualified for the purposes of this Schedule if--

(a) he has a 7 year general qualification, within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990;

(b) he is an advocate or solicitor in Scotland of at least 7 years' standing; or

(c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing.

Disqualification for House of Commons

12 In Part I of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place--

"Member of the Immigration Services Tribunal".

Disqualification for Northern Ireland Assembly

13 In Part I of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership), insert at the appropriate place--

"Member of the Immigration Services Tribunal".

Section 95(12).

SCHEDULE 8 Provision of Support: Regulations

General regulation-making power

1 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 destitute

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--

(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 support

3 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 services

4 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 account

5 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 assets

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

Breach of conditions

7 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 support

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).

(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 quit

9 (1) The regulations may provide that if--

(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

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;

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

Contributions to support

10 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 State

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--

(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.

Procedure

12 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;

(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 9 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.

(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, a Health and Social Services Board established under Article 16 of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972 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.

(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.

3 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.

4 The regulations may prescribe circumstances in which support for an eligible person--

(a) must be provided;

(b) must or may be refused; or

5 The regulations may provide that support--

(a) is to be provided in prescribed ways;

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

6 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;

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

7 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.

8 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;

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--

(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

(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

(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.

(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).

11 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.

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

13 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.

14 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.

15 "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).

SCHEDULE 10 Asylum Support Adjudicators

Adjudicators

1 (1) The Secretary of State must--

(a) appoint such number of adjudicators as he considers necessary;

(b) appoint one of the adjudicators to be the Chief Asylum Support Adjudicator; and

(2) The adjudicators are to exercise their functions under the direction of the Chief Asylum Support Adjudicator.

(3) The Chief Asylum Support Adjudicator is to have such other functions as the Secretary of State may from time to time direct.

(4) During any vacancy in the office of Chief Asylum Support Adjudicator, or at any time when he is unable to discharge his functions, the Deputy may act in his place.

Terms and conditions of appointment

2 (1) Each adjudicator is to hold and vacate office in accordance with the terms of his appointment.

(2) An adjudicator is eligible for re-appointment when his term of office ends.

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

Remuneration, expenses and pensions

3 (1) The Secretary of State may pay to any adjudicator such remuneration and expenses as he may determine.

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

Compensation

4 If a person ceases to be an adjudicator, 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.

Staff

5 (1) The Secretary of State may appoint such staff for the adjudicators as he considers appropriate.

(2) The Secretary of State 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 the adjudicators' staff as he considers appropriate.

Expenditure

6 The Secretary of State may pay such other expenses of the adjudicators as he considers appropriate.

Proceedings

7 For the purpose of discharging their functions, adjudicators are to sit at such times and in such places as the Secretary of State may direct.

Section 154(7).

SCHEDULE 11 Detainee Custody Officers

Obtaining certificates of authorisation by false pretences

1 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 officers

2 (1) A detainee custody officer exercising custodial functions has power--

(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;

(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

3 (1) A detainee custody officer may perform functions of a custodial nature at a short-term holding facility (whether or not he is authorised to perform custodial functions at a detention centre).

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

Assaulting a detainee custody officer

4 A person who assaults a detainee custody officer who is--

(a) acting in accordance with escort arrangements,

(b) performing custodial functions, or

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