Immigration and Asylum Act 1999 (c. 33)

(The document as of February, 2008)

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(1) In section 12 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (general social welfare services of local authorities), after subsection (2) insert--

" (2A) A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely--

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(2B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority. "

(2) In section 13A of that Act (provision of residential accommodation with nursing), after subsection (3) insert--

" (4) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely--

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(5) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority. "

(3) In section 13B of that Act (provision of care and after-care), after subsection (2) insert--

" (3) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely--

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(4) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority. "

(4) In section 7 of the [1984 c. 36.] Mental Health (Scotland) Act 1984 (functions of local authorities), after subsection (2) insert--

" (3) No arrangements under paragraph (a) or (c) of subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely--

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(4) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority. "

(5) In section 8 of that Act (provision of after-care services), after subsection (3) insert--

" (4) After care services may not be provided under subsection (1) above in respect of any person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely--

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(5) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority. "

(6) In the [1993 c. 23.] Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).

121 Other restrictions on assistance: Northern Ireland

(1) In Article 7 of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972 (prevention of illness, care and after-care), after paragraph (2) insert--

" (3) No arrangements made under paragraph (1) may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 applies solely--

(a) because he is destitute; or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(3A) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of paragraph (3) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in paragraph 2 of that Schedule to the Secretary of State substitute references to the Department. "

(2) In Article 15 of that Order (general social welfare), after paragraph (5) insert--

" (6) Assistance may not be provided under paragraph (1) in respect of any person to whom section 115 of the Immigration and Asylum Act 1999 applies if his need for assistance has arisen solely--

(a) because he is destitute, or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(7) Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of paragraph (6) as they apply for the purposes of that section, but for references to the Secretary of State in subsections (5) and (7) of that section and in paragraph 2 of that Schedule substitute references to the Department. "

(3) In the Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).

122 Support for children

(1) In this section "eligible person" means a person who appears to the Secretary of State to be a person for whom support may be provided under section 95.

(2) Subsections (3) and (4) apply if an application for support under section 95 has been made by an eligible person whose household includes a dependant under the age of 18 ("the child").

(3) If it appears to the Secretary of State that adequate accommodation is not being provided for the child, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, adequate accommodation for the child as part of the eligible person's household.

(4) If it appears to the Secretary of State that essential living needs of the child are not being met, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, essential living needs for the child as part of the eligible person's household.

(5) No local authority may provide assistance under any of the child welfare provisions in respect of a dependant under the age of 18, or any member of his family, at any time when--

(a) the Secretary of State is complying with this section in relation to him; or

(b) there are reasonable grounds for believing that--

(i) the person concerned is a person for whom support may be provided under section 95; and

(ii) the Secretary of State would be required to comply with this section if that person had made an application under section 95.

(6) "Assistance" means the provision of accommodation or of any essential living needs.

(7) "The child welfare provisions" means--

(a) section 17 of the [1989 c. 41.] Children Act 1989 (local authority support for children and their families);

(b) section 22 of the [1995 c. 36.] Children (Scotland) Act 1995 (equivalent provision for Scotland); and

(c) Article 18 of the [S.I. 1995/775 (N.I. 2).] Children (Northern Ireland) Order 1995 (equivalent provision for Northern Ireland).

(8) Subsection (9) applies if accommodation provided in the discharge of the duty imposed by subsection (3) has been withdrawn.

(9) Only the relevant authority may provide assistance under any of the child welfare provisions in respect of the child concerned.

(10) "Relevant authority" means--

(a) in relation to Northern Ireland, the authority within whose area the withdrawn accommodation was provided;

(b) in any other case, the local authority within whose area the withdrawn accommodation was provided.

(11) In such circumstances as may be prescribed, subsection (5) does not apply.

123 Back-dating of benefits where person recorded as refugee

(1) This section applies if--

(a) a person is recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention; and

(b) before the refugee was so recorded, he or his dependant was a person to whom section 115 applied.

(2) Regulations may provide that a person mentioned in subsection (1)(b) may, within a prescribed period, claim the whole, or any prescribed proportion, of any benefit to which he would have been entitled had the refugee been so recorded when he made his claim for asylum.

(3) Subsections (5) and (6) apply if the refugee has resided in the areas of two or more local authorities and he or his dependant makes a claim under the regulations in relation to housing benefit.

(4) Subsections (5) and (6) also apply if the refugee has resided in the areas of two or more local authorities in Great Britain and he or his dependant makes a claim under the regulations in relation to council tax benefit.

(5) The claim must be investigated and determined, and any benefit awarded must be paid or allowed, by such one of those authorities as may be prescribed by the regulations ("the prescribed authority").

(6) The regulations may make provision requiring a local authority who are not the prescribed authority to supply that authority with such information as they may reasonably require in connection with the exercise of their functions under the regulations.

(7) The regulations may make provision in relation to a person who has received support under this Part or who is a dependant of such a person--

(a) for the determination, or for criteria for the calculation, of the value of that support; and

(b) for the sum which he would be entitled to claim under the regulations to be reduced by the whole, or any prescribed proportion, of that valuation.

(8) The reductions permitted by subsection (7) must not exceed the amount of the valuation.

(9) "Regulations" means--

(a) in relation to jobseeker's allowance under the [1995 c. 18.] Jobseekers Act 1995, regulations made by the Secretary of State under that Act or the [1992 c. 5.] Social Security Administration Act 1992;

(b) in relation to jobseeker's allowance under the [S.I. 1995/2705 (N.I. 15).] Jobseekers (Northern Ireland) Order 1995, regulations made by the Department under that Order or the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992;

(c) in relation to a benefit under the [1992 c. 4.] Social Security Contributions and Benefits Act 1992, regulations made by the Secretary of State under that Act or the Social Security Administration Act 1992;

(d) in relation to a benefit under the [1992 c. 7.] Social Security Contributions and Benefits (Northern Ireland) Act 1992, regulations made by the Department under that Act or the Social Security Administration (Northern Ireland) Act 1992.

Miscellaneous

124 Secretary of State to be corporation sole for purposes of Part VI

(1) For the purpose of exercising his functions under this Part, the Secretary of State is a corporation sole.

(2) Any instrument in connection with the acquisition, management or disposal of property, real or personal, heritable or moveable, by the Secretary of State under this Part may be executed on his behalf by a person authorised by him for that purpose.

(3) Any instrument purporting to have been so executed on behalf of the Secretary of State is to be treated, until the contrary is proved, to have been so executed on his behalf.

125 Entry of premises

(1) This section applies in relation to premises in which accommodation has been provided under section 95 or 98 for a supported person.

(2) If, on an application made by a person authorised in writing by the Secretary of State, a justice of the peace is satisfied that there is reason to believe that--

(a) the supported person or any dependants of his for whom the accommodation is provided is not resident in it,

(b) the accommodation is being used for any purpose other than the accommodation of the asylum-seeker or any dependant of his, or

he may grant a warrant to enter the premises to the person making the application.

(3) A warrant granted under subsection (2) may be executed--

(a) at any reasonable time;

(b) using reasonable force.

(4) In the application of subsection (2) to Scotland, read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace.

126 Information from property owners

(1) The power conferred by this section is to be exercised with a view to obtaining information about premises in which accommodation is or has been provided for supported persons.

(2) The Secretary of State may require any person appearing to him--

(a) to have any interest in, or

(b) to be involved in any way in the management or control of,

such premises, or any building which includes such premises, to provide him with such information with respect to the premises and the persons occupying them as he may specify.

(3) A person who is required to provide information under this section must do so in accordance with such requirements as may be prescribed.

(4) Information provided to the Secretary of State under this section may be used by him only in the exercise of his functions under this Part.

127 Requirement to supply information about redirection of post

(1) The Secretary of State may require any person conveying postal packets to supply redirection information to the Secretary of State--

(a) for use in the prevention, detection, investigation or prosecution of criminal offences under this Part;

(b) for use in checking the accuracy of information relating to support provided under this Part; or

(2) The information must be supplied in such manner and form, and in accordance with such requirements, as may be prescribed.

(3) The Secretary of State must make payments of such amount as he considers reasonable in respect of the supply of information under this section.

(4) "Postal packet" has the same meaning as in the [1953 c. 36.] Post Office Act 1953.

(5) "Redirection information" means information relating to arrangements made with any person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.

Part VII Power To Arrest, Search and Fingerprint

Power to arrest

128 Arrest without warrant

In the 1971 Act, after section 28, insert--

" 28A Arrest without warrant

(1) A constable or immigration officer may arrest without warrant a person--

(a) who has committed or attempted to commit an offence under section 24 or 24A; or

(b) whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

(2) But subsection (1) does not apply in relation to an offence under section 24(1)(d).

(3) An immigration officer may arrest without warrant a person--

(a) who has committed an offence under section 25(1); or

(b) whom he has reasonable grounds for suspecting has committed that offence.

(4) An immigration officer may arrest without warrant a person--

(a) who has committed or attempted to commit an offence under section 25(2); or

(b) whom he has reasonable grounds for suspecting has committed or attempted to commit that offence.

(5) An immigration officer may arrest without warrant a person ("the suspect") who, or whom he has reasonable grounds for suspecting--

(a) has committed or attempted to commit an offence under section 26(1)(g); or

(b) is committing or attempting to commit that offence.

(6) The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

(7) The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because--

(a) he does not know, and cannot readily discover, the suspect's name;

(b) he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

(d) he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

(8) The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect--

(a) causing physical injury to himself or another person;

(b) suffering physical injury; or

(9) For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer--

(a) that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

(b) that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

(10) In relation to the exercise of the powers conferred by subsections (3)(b), (4)(b) and (5), it is immaterial that no offence has been committed.

(11) In Scotland the powers conferred by subsections (3), (4) and (5) may also be exercised by a constable. "

Power to search and arrest

129 Search and arrest by warrant

In the 1971 Act, after section 28A, insert--

" 28B Search and arrest by warrant

(1) Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person ("the suspect") who is liable to be arrested for a relevant offence is to be found on any premises.

(2) The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

(3) Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).

(4) The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

(5) "Relevant offence" means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25(2). "

130 Search and arrest without warrant

In the 1971 Act, after section 28B, insert--

" 28C Search and arrest without warrant

(1) An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25(1).

(2) The power may be exercised--

(a) only to the extent that it is reasonably required for that purpose; and

(b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

(3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching--

(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and

(b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

(4) The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so). "

Power to enter and search premises

131 Entry and search of premises

In the 1971 Act, after section 28C, insert--

" 28D Entry and search of premises

(1) If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that--

(a) a relevant offence has been committed,

(b) there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,

(d) the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and

(e) any of the conditions specified in subsection (2) applies,

he may issue a warrant authorising an immigration officer to enter and search the premises.

(2) The conditions are that--

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

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

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

(3) An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).

(4) "Relevant offence" means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25.

(5) In relation to England and Wales, expressions which are given a meaning by the [1984 c. 60.] Police and Criminal Evidence Act 1984 have the same meaning when used in this section.

(6) In relation to Northern Ireland, expressions which are given a meaning by the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.

(7) In the application of subsection (1) to Scotland--

(a) read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace; and

(b) in paragraph (d), omit the reference to excluded material and special procedure material. "

132 Entry and search of premises following arrest

(1) In the 1971 Act, after section 28D, insert--

" 28E Entry and search of premises following arrest

(1) This section applies if a person is arrested for an offence under this Part at a place other than a police station.

(2) An immigration officer may enter and search any premises--

(a) in which the person was when arrested, or

(b) in which he was immediately before he was arrested,

for evidence relating to the offence for which the arrest was made ("relevant evidence").

(3) The power may be exercised--

(a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and

(b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence.

(4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching--

(a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and

(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.

(6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege. "

(2) In the 1971 Act, in Schedule 2 after paragraph 25, insert--

" Entry and search of premises

25A (1) This paragraph applies if--

(a) a person is arrested under this Schedule; or

(b) a person who was arrested by a constable (other than under this Schedule) is detained by an immigration officer under this Schedule.

(2) An immigration officer may enter and search any premises--

(a) occupied or controlled by the arrested person, or

(b) in which that person was when he was arrested, or immediately before he was arrested,

for relevant documents.

(3) The power may be exercised--

(a) only if the officer has reasonable grounds for believing that there are relevant documents on the premises;

(b) only to the extent that it is reasonably required for the purpose of discovering relevant documents; and

(4) An immigration officer may conduct a search under sub-paragraph (2)--

(a) before taking the arrested person to a place where he is to be detained; and

(b) without obtaining an authorisation under sub-paragraph (3)(c),

if the presence of that person at a place other than one where he is to be detained is necessary to make an effective search for any relevant documents.

(5) An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable.

(6) The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of--

(a) the grounds for the search; and

(b) the nature of the documents that were sought.

(7) An officer searching premises under sub-paragraph (2)--

(a) may seize and retain any documents he finds which he has reasonable grounds for believing are relevant documents; but

(b) may not retain any such document for longer than is necessary in view of the purpose for which the person was arrested.

(8) But sub-paragraph (7)(a) does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.

(9) "Relevant documents" means any documents which might--

(a) establish the arrested person's identity, nationality or citizenship; or

(b) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

(10) "Senior officer" means an immigration officer not below the rank of chief immigration officer. "

133 Entry and search of premises following arrest under section 25(1) of the 1971 Act

In the 1971 Act, after section 28E, insert--

" 28F Entry and search of premises following arrest under section 25(1)

(1) An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25(1).

(2) The power may be exercised--

(a) only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;

(b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and

(3) The power may be exercised--

(a) before taking the arrested person to a place where he is to be detained; and

(b) without obtaining an authorisation under subsection (2)(c),

if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.

(4) An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.

(5) The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of--

(a) the grounds for the search; and

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