|
|
|
|
|
|
|
Navigation
News
|
 |
Immigration and Asylum Act 1999 (c. 33)(The document as of February, 2008) Page 7 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 (4) The Tribunal is also to have the function of hearing disciplinary charges laid by the Commissioner under paragraph 9(1)(e) of Schedule 5. (5) Schedule 7 makes further provision with respect to the Tribunal and its constitution and functions. 88 Appeal upheld by the Tribunal(1) This section applies if the Tribunal allows an appeal under section 87. (2) If the Tribunal considers it appropriate, it may direct the Commissioner-- (a) to register the applicant or to continue the applicant's registration; (b) to make or vary the applicant's registration so as to have limited effect in any of the ways mentioned in paragraph 2(2) of Schedule 6; (c) to restore an exemption granted under section 84(4)(a); or (d) to quash a decision recorded under paragraph 9(1)(a) of Schedule 5 and the record of that decision. 89 Disciplinary charge upheld by the Tribunal(1) This section applies if the Tribunal upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person ("the person charged"). (2) Subsection (3) applies if the person charged is-- (a) a registered person; (b) a person employed by, or working under the supervision of, a registered person; (c) a member or employee of a body which is a registered person; or (d) a person working under the supervision of such a member or employee. (3) The Tribunal may-- (a) direct the Commissioner to record the charge and the Tribunal's decision on it for consideration when the registered person next applies for continued registration; or (b) direct the registered person to apply to the Commissioner for continued registration without delay. (4) If the person charged is certified by the Commissioner as exempt under section 84(4)(a), the Tribunal may direct the Commissioner to consider whether to withdraw his exemption. (5) If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the Tribunal may direct him to repay to the clients concerned such portion of those fees as it may determine. (6) The Tribunal may direct the person charged to pay a penalty to the Commissioner of such sum as it considers appropriate. (7) A direction given by the Tribunal under subsection (5) (or under subsection (6)) may be enforced by the clients concerned (or by the Commissioner)-- (a) as if it were an order of a county court; or (b) in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (8) The Tribunal may direct that the person charged or any person employed by him or working under his supervision is to be-- (a) subject to such restrictions on the provision of immigration advice or immigration services as the Tribunal considers appropriate; (b) suspended from providing immigration advice or immigration services for such period as the Tribunal may determine; or (c) prohibited from providing immigration advice or immigration services indefinitely. (9) The Commissioner must keep a record of the persons against whom there is in force a direction given by the Tribunal under subsection (8). 90 Orders by disciplinary bodies(1) A disciplinary body may make an order directing that a person subject to its jurisdiction is to be-- (a) subject to such restrictions on the provision of immigration advice or immigration services as the body considers appropriate; (b) suspended from providing immigration advice or immigration services for such period as the body may determine; or (c) prohibited from providing immigration advice or immigration services indefinitely. (2) "Disciplinary body" means any body-- (a) appearing to the Secretary of State to be established for the purpose of hearing disciplinary charges against members of a designated professional body; and (b) specified in an order made by the Secretary of State. (3) The Secretary of State must consult the designated professional body concerned before making an order under subsection (2)(b). (4) For the purposes of this section, a person is subject to the jurisdiction of a disciplinary body if he is an authorised person or works under the supervision of an authorised person. (5) "Authorised person" means a person who is authorised by the designated professional body concerned to practise as a member of the profession whose members are regulated by that body. Enforcement91 Offences(1) A person who provides immigration advice or immigration services in contravention of section 84 or of a restraining order is guilty of an offence and 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. (2) "Restraining order" means-- (a) a direction given by the Tribunal under section 89(8) or paragraph 9(3) of Schedule 5; or (b) an order made by a disciplinary body under section 90(1). (3) If an offence under this section committed by a body corporate is proved-- (a) to have been committed with the consent or connivance of an officer, or (b) to be attributable to neglect on his part, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (4) "Officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity. (5) If the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (6) If an offence under this section committed by a partnership in Scotland is proved-- (a) to have been committed with the consent or connivance of a partner, or (b) to be attributable to neglect on his part, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. (7) "Partner" includes a person purporting to act as a partner. 92 Enforcement(1) If it appears to the Commissioner that a person-- (a) is providing immigration advice or immigration services in contravention of section 84 or of a restraining order, and (b) is likely to continue to do so unless restrained, the Commissioner may apply to a county court for an injunction, or to the sheriff for an interdict, restraining him from doing so. (2) If the court is satisfied that the application is well-founded, it may grant the injunction or interdict in the terms applied for or in more limited terms. (3) "Restraining order" has the meaning given by section 91. Miscellaneous93 Information(1) No enactment or rule of law prohibiting or restricting the disclosure of information prevents a person from-- (a) giving the Commissioner information which is necessary for the discharge of his functions; or (b) giving the Tribunal information which is necessary for the discharge of its functions. (2) No relevant person may at any time disclose information which-- (a) has been obtained by, or given to, the Commissioner under or for purposes of this Act, (b) relates to an identified or identifiable individual or business, and (c) is not at that time, and has not previously been, available to the public from other sources, unless the disclosure is made with lawful authority. (3) For the purposes of subsection (2), a disclosure is made with lawful authority only if, and to the extent that-- (a) it is made with the consent of the individual or of the person for the time being carrying on the business; (b) it is made for the purposes of, and is necessary for, the discharge of any of the Commissioner's functions under this Act or any Community obligation of the Commissioner; (c) it is made for the purposes of any civil or criminal proceedings arising under or by virtue of this Part, or otherwise; or (d) having regard to the rights and freedoms or legitimate interests of any person, the disclosure is necessary in the public interest. (4) A person who knowingly or recklessly discloses information in contravention of subsection (2) is guilty of an offence and liable-- (a) on summary conviction, to a fine not exceeding the statutory maximum; or (b) on conviction on indictment, to a fine. (5) "Relevant person" means a person who is or has been-- (a) the Commissioner; (b) a member of the Commissioner's staff; or (c) an agent of the Commissioner. Part VI Support for Asylum-SeekersInterpretation94 Interpretation of Part VI(1) In this Part--
(2) References in this Part to support provided under section 95 include references to support which is provided under arrangements made by the Secretary of State under that section. (3) For the purposes of this Part, a claim for asylum is determined at the end of such period beginning-- (a) on the day on which the Secretary of State notifies the claimant of his decision on the claim, or (b) if the claimant has appealed against the Secretary of State's decision, on the day on which the appeal is disposed of, as may be prescribed. (4) An appeal is disposed of when it is no longer pending for the purposes of the Immigration Acts or the [1997 c. 68.] Special Immigration Appeals Commission Act 1997. (5) If an asylum-seeker's household includes a child who is under 18 and a dependant of his, he is to be treated (for the purposes of this Part) as continuing to be an asylum-seeker while-- (a) the child is under 18; and (b) he and the child remain in the United Kingdom. (6) Subsection (5) does not apply if, on or after the determination of his claim for asylum, the asylum-seeker is granted leave to enter or remain in the United Kingdom (whether or not as a result of that claim). (7) For the purposes of this Part, the Secretary of State may inquire into, and decide, the age of any person. (8) A notice under subsection (3) must be given in writing. (9) If such a notice is sent by the Secretary of State by first class post, addressed-- (a) to the asylum-seeker's representative, or (b) to the asylum-seeker's last known address, it is to be taken to have been received by the asylum-seeker on the second day after the day on which it was posted. Provision of support95 Persons for whom support may be provided(1) The Secretary of State may provide, or arrange for the provision of, support for-- (a) asylum-seekers, or (b) dependants of asylum-seekers, who appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed. (2) In prescribed circumstances, a person who would otherwise fall within subsection (1) is excluded. (3) For the purposes of this section, a person is destitute if-- (a) he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or (b) he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs. (4) If a person has dependants, subsection (3) is to be read as if the references to him were references to him and his dependants taken together. (5) In determining, for the purposes of this section, whether a person's accommodation is adequate, the Secretary of State-- (a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but (b) may not have regard to such matters as may be prescribed for the purposes of this paragraph or to any of the matters mentioned in subsection (6). (6) Those matters are-- (a) the fact that the person concerned has no enforceable right to occupy the accommodation; (b) the fact that he shares the accommodation, or any part of the accommodation, with one or more other persons; (c) the fact that the accommodation is temporary; (d) the location of the accommodation. (7) In determining, for the purposes of this section, whether a person's other essential living needs are met, the Secretary of State-- (a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but (b) may not have regard to such matters as may be prescribed for the purposes of this paragraph. (8) The Secretary of State may by regulations provide that items or expenses of such a description as may be prescribed are, or are not, to be treated as being an essential living need of a person for the purposes of this Part. (9) Support may be provided subject to conditions. (10) The conditions must be set out in writing. (11) A copy of the conditions must be given to the supported person. (12) Schedule 8 gives the Secretary of State power to make regulations supplementing this section. (13) Schedule 9 makes temporary provision for support in the period before the coming into force of this section. 96 Ways in which support may be provided(1) Support may be provided under section 95-- (a) by providing accommodation appearing to the Secretary of State to be adequate for the needs of the supported person and his dependants (if any); (b) by providing what appear to the Secretary of State to be essential living needs of the supported person and his dependants (if any); (c) to enable the supported person (if he is the asylum-seeker) to meet what appear to the Secretary of State to be expenses (other than legal expenses or other expenses of a prescribed description) incurred in connection with his claim for asylum; (d) to enable the asylum-seeker and his dependants to attend bail proceedings in connection with his detention under any provision of the Immigration Acts; or (e) to enable the asylum-seeker and his dependants to attend bail proceedings in connection with the detention of a dependant of his under any such provision. (2) If the Secretary of State considers that the circumstances of a particular case are exceptional, he may provide support under section 95 in such other ways as he considers necessary to enable the supported person and his dependants (if any) to be supported. (3) Unless the circumstances of a particular case are exceptional, support provided by the Secretary of State under subsection (1)(a) or (b) or (2) must not be wholly or mainly by way of payments made (by whatever means) to the supported person or to his dependants (if any). (4) But the Secretary of State may by order provide for subsection (3) not to apply-- (a) in all cases, for such period as may be specified; (b) in such circumstances as may be specified; (c) in relation to specified categories of person; or (d) in relation to persons whose accommodation is in a specified locality. (5) The Secretary of State may by order repeal subsection (3). (6) "Specified" means specified in an order made under subsection (4). 97 Supplemental(1) When exercising his power under section 95 to provide accommodation, the Secretary of State must have regard to-- (a) the fact that the accommodation is to be temporary pending determination of the asylum-seeker's claim; (b) the desirability, in general, of providing accommodation in areas in which there is a ready supply of accommodation; and (c) such other matters (if any) as may be prescribed. (2) But he may not have regard to-- (a) any preference that the supported person or his dependants (if any) may have as to the locality in which the accommodation is to be provided; or (b) such other matters (if any) as may be prescribed. (3) The Secretary of State may by order repeal all or any of the following-- (a) subsection (1)(a); (b) subsection (1)(b); (c) subsection (2)(a). (4) When exercising his power under section 95 to provide essential living needs, the Secretary of State-- (a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but (b) may not have regard to such other matters as may be prescribed for the purposes of this paragraph. (5) In addition, when exercising his power under section 95 to provide essential living needs, the Secretary of State may limit the overall amount of the expenditure which he incurs in connection with a particular supported person-- (a) to such portion of the income support applicable amount provided under section 124 of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992, or (b) to such portion of any components of that amount, as he considers appropriate having regard to the temporary nature of the support that he is providing. (6) For the purposes of subsection (5), any support of a kind falling within section 96(1)(c) is to be treated as if it were the provision of essential living needs. (7) In determining how to provide, or arrange for the provision of, support under section 95, the Secretary of State may disregard any preference which the supported person or his dependants (if any) may have as to the way in which the support is to be given. 98 Temporary support(1) The Secretary of State may provide, or arrange for the provision of, support for-- (a) asylum-seekers, or (b) dependants of asylum-seekers, who it appears to the Secretary of State may be destitute. (2) Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95. (3) Subsections (2) to (11) of section 95 apply for the purposes of this section as they apply for the purposes of that section. Support and assistance by local authorities etc.99 Provision of support by local authorities(1) A local authority may provide support for asylum-seekers and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 95. (2) Such support may be provided by the local authority-- (a) in one or more of the ways mentioned in section 96(1) and (2); (b) whether the arrangements in question are made with the authority or with another person. (3) The Executive may provide support by way of accommodation for asylum-seekers and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 95, whether the arrangements in question are made with the Executive or with another person. (4) A local authority may incur reasonable expenditure in connection with the preparation of proposals for entering into arrangements under section 95. (5) The powers conferred on a local authority by this section include power to-- (a) provide services outside their area; (b) provide services jointly with one or more bodies who are not local authorities; (c) form a company for the purpose of providing services; (d) tender for contracts (whether alone or with any other person). 100 Local authority and other assistance for Secretary of State(1) This section applies if the Secretary of State asks-- (a) a local authority, (b) a registered social landlord, (c) a registered housing association in Scotland or Northern Ireland, or (d) the Executive, to assist him to exercise his power under section 95 to provide accommodation. (2) The person to whom the request is made must co-operate in giving the Secretary of State such assistance in the exercise of that power as is reasonable in the circumstances. (3) Subsection (2) does not require a registered social landlord to act beyond its powers. (4) A local authority must supply to the Secretary of State such information about their housing accommodation (whether or not occupied) as he may from time to time request. (5) The information must be provided in such form and manner as the Secretary of State may direct. (6) "Registered social landlord" has the same meaning as in Part I of the [1996 c. 52.] Housing Act 1996. (7) "Registered housing association" has the same meaning-- (a) in relation to Scotland, as in the [1985 c. 69.] Housing Associations Act 1985; and (b) in relation to Northern Ireland, as in Part II of the [S.I. 1992/1725 (N.I. 15).] Housing (Northern Ireland) Order 1992. 101 Reception zones(1) The Secretary of State may by order designate as reception zones-- (a) areas in England and Wales consisting of the areas of one or more local authorities; (b) areas in Scotland consisting of the areas of one or more local authorities; (c) Northern Ireland. (2) Subsection (3) applies if the Secretary of State considers that-- (a) a local authority whose area is within a reception zone has suitable housing accommodation within that zone; or (b) the Executive has suitable housing accommodation. (3) The Secretary of State may direct the local authority or the Executive to make available such of the accommodation as may be specified in the direction for a period so specified-- (a) to him for the purpose of providing support under section 95; or (b) to a person with whom the Secretary of State has made arrangements under section 95. (4) A period specified in a direction under subsection (3)-- (a) begins on a date so specified; and (b) must not exceed five years. (5) A direction under subsection (3) is enforceable, on an application made on behalf of the Secretary of State, by injunction or in Scotland an order under section 45(b) of the [1988 c. 36.] Court of Session Act 1988. (6) The Secretary of State's power to give a direction under subsection (3) in respect of a particular reception zone must be exercised by reference to criteria specified for the purposes of this subsection in the order designating that zone. (7) The Secretary of State may not give a direction under subsection (3) in respect of a local authority in Scotland unless the Scottish Ministers have confirmed to him that the criteria specified in the designation order concerned are in their opinion met in relation to that authority. (8) Housing accommodation is suitable for the purposes of subsection (2) if it-- (a) is unoccupied; (b) would be likely to remain unoccupied for the foreseeable future if not made available; and (c) is appropriate for the accommodation of persons supported under this Part or capable of being made so with minor work. Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 -- Back --
Stat
| |
Other
|