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

(The document as of February, 2008)

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(5) This section shall not prevent--

(a) the exercise of a power by the Secretary of State to the extent necessary for the purpose of avoiding a breach of a person's Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)),

(b) the provision of support under section 95 of the Immigration and Asylum Act 1999 (c. 33) or section 17 of this Act in accordance with section 122 of that Act (children), or

(c) the provision of support under section 98 of the Immigration and Asylum Act 1999 or section 24 of this Act (provisional support) to a person under the age of 18 and the household of which he forms part.

(6) An authority which proposes to provide or arrange for the provision of support to a person under a provision mentioned in subsection (4)--

(a) must inform the Secretary of State if the authority believes that the person has made a claim for asylum,

(b) must act in accordance with any guidance issued by the Secretary of State to determine whether subsection (3) applies, and

(c) shall not be prohibited from providing or arranging for the provision of support if the authority has complied with paragraph (a) and (b) and concluded that subsection (3) does not apply.

(7) The Secretary of State may by order--

(a) add, remove or amend an entry in the list in subsection (4);

(b) provide for subsection (3) not to have effect in specified cases or circumstances.

(8) An order under subsection (7)--

(a) may include transitional, consequential or incidental provision,

(b) must be made by statutory instrument, and

(9) For the purposes of this section "claim for asylum" has the same meaning as in section 18.

(10) A decision of the Secretary of State that this section prevents him from providing or arranging for the provision of support to a person is not a decision that the person does not qualify for support for the purpose of section 103 of the Immigration and Asylum Act 1999 (appeals).

(11) This section does not prevent a person's compliance with a residence restriction imposed in reliance on section 70 (induction).

56 Provision of support by local authority

(1) Section 99 of the Immigration and Asylum Act 1999 (provision of support by local authority) shall be amended as follows.

(2) In subsection (1)--

(a) after "local authority" insert "or Northern Ireland authority", and

(b) at the end add "or 98".

(3) For subsections (2) and (3) substitute--

" (2) Support may be provided by an authority in accordance with arrangements made with the authority or with another person.

(3) Support may be provided by an authority in accordance with arrangements made under section 95 only in one or more of the ways mentioned in section 96(1) and (2). "

(4) In subsection (4)--

(a) for "A local authority" substitute "An authority", and

(b) at the end add "or 98".

(5) In subsection (5)--

(a) for "a local authority" substitute "an authority", and

(b) in paragraph (b) for "bodies who are not local authorities" substitute "other bodies".

57 Application for support: false or incomplete information

At the end of paragraph 12(c) of Schedule 8 to the Immigration and Asylum Act 1999 (c. 33) (asylum-seeker support: procedure: disregarding of application) there shall be inserted "(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))".

58 Voluntary departure from United Kingdom

(1) A person is a "voluntary leaver" for the purposes of this section if--

(a) he is not a British citizen or an EEA national,

(b) he leaves the United Kingdom for a place where he hopes to take up permanent residence (his "new place of residence"), and

(c) the Secretary of State thinks that it is in the person's interest to leave the United Kingdom and that the person wishes to leave.

(2) The Secretary of State may make arrangements to--

(a) assist voluntary leavers;

(b) assist individuals to decide whether to become voluntary leavers.

(3) The Secretary of State may, in particular, make payments (whether to voluntary leavers or to organisations providing services for them) which relate to--

(a) travelling and other expenses incurred by or on behalf of a voluntary leaver, or a member of his family or household, in leaving the United Kingdom;

(b) expenses incurred by or on behalf of a voluntary leaver, or a member of his family or household, on or shortly after arrival in his new place of residence;

(c) the provision of services designed to assist a voluntary leaver, or a member of his family or household, to settle in his new place of residence;

(d) expenses in connection with a journey undertaken by a person (with or without his family or household) to prepare for, or to assess the possibility of, his becoming a voluntary leaver.

(4) In subsection (1)(a) "EEA national" means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time).

(5) The following provisions of the Immigration Act 1971 (c. 77) shall cease to have effect--

(a) section 29 (contributions to expenses of persons returning abroad), and

(b) section 31(d) (expenses).

59 International projects

(1) The Secretary of State may participate in a project which is designed to--

(a) reduce migration,

(b) assist or ensure the return of migrants,

(d) conduct or consider research about migration, or

(e) arrange or assist the settlement of migrants (whether in the United Kingdom or elsewhere).

(2) In particular, the Secretary of State may--

(a) provide financial support to an international organisation which arranges or participates in a project of a kind described in subsection (1);

(b) provide financial support to an organisation in the United Kingdom or another country which arranges or participates in a project of that kind;

(c) provide or arrange for the provision of financial or other assistance to a migrant who participates in a project of that kind;

(d) participate in financial or other arrangements which are agreed between Her Majesty's Government and the government of one or more other countries and which are or form part of a project of that kind.

(3) In this section--

(a) "migrant" means a person who leaves the country where he lives hoping to settle in another country (whether or not he is a refugee within the meaning of any international Convention), and

(b) "migration" shall be construed accordingly.

(4) Subsection (1) does not--

(a) confer a power to remove a person from the United Kingdom, or

(b) affect a person's right to enter or remain in the United Kingdom.

60 Northern Ireland authorities

(1) In section 110(9) of the Immigration and Asylum Act 1999 (c. 33) (support: payment to local authority: Northern Ireland authority) after paragraph (b) there shall be added-- " ; or

(c) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1). "

(2) In section 94(1) of that Act (support: interpretation) after the definition of "local authority" there shall be inserted--

" "Northern Ireland authority" has the meaning given by section 110(9). "

61 Repeal of spent provisions

The following provisions of the Immigration and Asylum Act 1999 shall cease to have effect--

(a) section 96(4) to (6) (which relate to a provision about support for asylum-seekers which has been repealed by order), and

(b) section 166(4)(e) (order under section 96(5): procedure).

Part 4 Detention and Removal

Detention

62 Detention by Secretary of State

(1) A person may be detained under the authority of the Secretary of State pending--

(a) a decision by the Secretary of State whether to give directions in respect of the person under paragraph 10, 10A or 14 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal), or

(b) removal of the person from the United Kingdom in pursuance of directions given by the Secretary of State under any of those paragraphs.

(2) Where the Secretary of State is empowered under section 3A of that Act (powers of Secretary of State) to examine a person or to give or refuse a person leave to enter the United Kingdom, the person may be detained under the authority of the Secretary of State pending--

(a) the person's examination by the Secretary of State,

(b) the Secretary of State's decision to give or refuse the person leave to enter,

(c) a decision by the Secretary of State whether to give directions in respect of the person under paragraph 8 or 9 of Schedule 2 to that Act (removal), or

(d) removal of the person in pursuance of directions given by the Secretary of State under either of those paragraphs.

(3) A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule shall apply to a person who is detained or liable to detention under this section: and for that purpose--

(a) a reference to paragraph 16 of that Schedule shall be taken to include a reference to this section,

(b) a reference in paragraph 21 of that Schedule to an immigration officer shall be taken to include a reference to the Secretary of State, and

(c) a reference to detention under that Schedule or under a provision or Part of that Schedule shall be taken to include a reference to detention under this section.

(4) In the case of a restriction imposed under paragraph 21 of that Schedule by virtue of this section--

(a) a restriction imposed by an immigration officer may be varied by the Secretary of State, and

(b) a restriction imposed by the Secretary of State may be varied by an immigration officer.

(5) In subsection (1) the reference to paragraph 10 of that Schedule includes a reference to that paragraph as applied by virtue of section 10 of the Immigration and Asylum Act 1999 (c. 33) (persons unlawfully in United Kingdom: removal).

(6) Subsection (5) is without prejudice to the generality of section 159.

(7) A power under this section which is exercisable pending a decision of a particular kind by the Secretary of State is exercisable where the Secretary of State has reasonable grounds to suspect that he may make a decision of that kind.

(8) At the end of section 11(1) of the Immigration Act 1971 (c. 77) (person not deemed to have entered United Kingdom while detained, &c.) there shall be inserted "or section 62 of the Nationality, Immigration and Asylum Act 2002".

(9) In section 24(1)(e) of the Immigration Act 1971 (offence: failure to comply with restriction) for "or to an immigration officer" there shall be substituted ", to an immigration officer or to the Secretary of State".

(10) In the Mental Health Act 1983 (c. 20)--

(a) at the end of section 48(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added "or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)", and

(b) in the heading of section 53 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

(11) In the Mental Health (Scotland) Act 1984 (c. 36)--

(a) at the end of section 71(2)(c) (detained persons who may be transferred to hospital for mental treatment) there shall be added "or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)", and

(b) at the end of section 74(1)(b) (further provision about such persons) there shall be added "or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)".

(12) In the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))--

(a) at the end of Article 54(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added "or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)", and

(b) in the heading of Article 59 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

(13) Section 53 of the Immigration and Asylum Act 1999 (c. 33) (bail) shall be amended as follows--

(a) at the end of subsection (1) add "or under section 62 of the Nationality, Immigration and Asylum Act 2002", and

(b) at the end of subsection (3)(a) add "or under section 62 of the Nationality, Immigration and Asylum Act 2002".

(14) In section 147 of that Act (detention centres: interpretation) at the end of the definition of "detained persons" there shall be inserted "or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State);".

(15) Section 23(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (detention of suspected international terrorist) shall be amended as follows--

(a) omit "and" after paragraph (a), and

(b) after paragraph (b) add-- " , and

(16) In section 24(1) of that Act (bail) after "the Immigration Act 1971" insert ", or under section 62 of the Nationality, Immigration and Asylum Act 2002,".

63 Control of entry to United Kingdom, &c.: use of force

In paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.: person liable to detention: use of force) for "if need be by force" there shall be substituted "if need be by reasonable force".

64 Escorts

The following shall be added after paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (detention for examination or removal: right to enter premises)--

" (3) Sub-paragraph (4) applies where an immigration officer or constable--

(a) enters premises in reliance on a warrant under sub-paragraph (2), and

(b) detains a person on the premises.

(4) A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search.

(5) In sub-paragraph (4)--

"detainee custody officer" means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and
"search" means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person). "

65 Detention centres: custodial functions

(1) The following shall be substituted for section 154(5) of the Immigration and Asylum Act 1999 (power to confer functions of detainee custody officers on prison officers and prisoner custody officers)--

" (5) The Secretary of State may confer functions of detainee custody officers on prison officers or prisoner custody officers. "

(2) The following shall be added at the end of Schedule 11 to that Act (detainee custody officers)--

" Prison officers and prisoner custody officers

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

(3) The following shall be added at the end of Schedule 12 to that Act (discipline at detention centre)--

" Prison officers and prisoner custody officers

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

66 Detention centres: change of name

(1) In section 147 of the Immigration and Asylum Act 1999 (c. 33) (Part VIII: interpretation)--

(a) the definition of "detention centre" shall cease to have effect, and

(b) the following shall be inserted after the definition of "prisoner custody officer"--

" "removal centre" means a place which is used solely for the detention of detained persons but which is not a short-term holding facility, a prison or part of a prison; " .

(2) In the provisions listed in subsection (3) (and any relevant headings)--

(a) for the words "detention centre" there shall be substituted the words "removal centre", and

(b) for the words "detention centres" there shall be substituted the words "removal centres".

(3) The provisions are--

(a) in section 147 of the Immigration and Asylum Act 1999 (Part VIII: interpretation), the definitions of "contracted out detention centre", "contractor", "custodial functions", "detention centre contract", "detention centre rules", and "directly managed detention centre",

(b) section 148 of that Act (management of centre),

(d) section 151 of that Act (intervention by Secretary of State),

(e) section 152 of that Act (visiting committee),

(f) section 153 of that Act (rules),

(g) section 155 of that Act (custodial functions),

(h) section 157 of that Act (short-term holding facility),

(i) section 158 of that Act (disclosure of information),

(j) section 159 of that Act (power of constable),

(k) Schedule 11 to that Act (detainee custody officer),

(l) Schedule 12 to that Act (procedure at detention centre),

(m) Schedule 13 to that Act (escort),

(n) section 141(5)(e) and (6) of that Act (fingerprinting),

(o) section 5A(5A) of the Prison Act 1952 (c. 52) (Chief Inspector of Prisons), and

(p) paragraph 13 of Schedule 4A to the Water Industry Act 1991 (c. 56) (disconnection).

(4) A reference in an enactment or instrument to a detention centre within the meaning of Part VIII of the Immigration and Asylum Act 1999 (c. 33) shall be construed as a reference to a removal centre within the meaning of that Part.

67 Construction of reference to person liable to detention

(1) This section applies to the construction of a provision which--

(a) does not confer power to detain a person, but

(b) refers (in any terms) to a person who is liable to detention under a provision of the Immigration Acts.

(2) The reference shall be taken to include a person if the only reason why he cannot be detained under the provision is that--

(a) he cannot presently be removed from the United Kingdom, because of a legal impediment connected with the United Kingdom's obligations under an international agreement,

(b) practical difficulties are impeding or delaying the making of arrangements for his removal from the United Kingdom, or

(c) practical difficulties, or demands on administrative resources, are impeding or delaying the taking of a decision in respect of him.

(3) This section shall be treated as always having had effect.

Temporary release

68 Bail

(1) This section applies in a case where an immigration officer not below the rank of chief immigration officer has sole or shared power to release a person on bail in accordance with--

(a) a provision of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry) (including a provision of that Schedule applied by a provision of that Act or by another enactment), or

(b) section 9A of the Asylum and Immigration Appeals Act 1993 (c. 23) (pending appeal from Immigration Appeal Tribunal).

(2) In respect of an application for release on bail which is instituted after the expiry of the period of eight days beginning with the day on which detention commences, the power to release on bail--

(a) shall be exercisable by the Secretary of State (as well as by any person with whom the immigration officer's power is shared under the provision referred to in subsection (1)), and

(b) shall not be exercisable by an immigration officer (except where he acts on behalf of the Secretary of State).

(3) In relation to the exercise by the Secretary of State of a power to release a person on bail by virtue of subsection (2), a reference to an immigration officer shall be construed as a reference to the Secretary of State.

(4) The Secretary of State may by order amend or replace subsection (2) so as to make different provision for the circumstances in which the power to release on bail may be exercised by the Secretary of State and not by an immigration officer.

(5) An order under subsection (4)--

(a) may include consequential or transitional provision,

(b) must be made by statutory instrument, and

(6) The following provisions of Part III of the Immigration and Asylum Act 1999 (c. 33) (Bail) shall cease to have effect--

(a) sections 44 to 52 (routine bail hearings),

(b) section 53(5) (bail under regulations to match bail under Part III), and

69 Reporting restriction: travel expenses

(1) The Secretary of State may make a payment to a person in respect of travelling expenses which the person has incurred or will incur for the purpose of complying with a reporting restriction.

(2) In subsection (1) "reporting restriction" means a restriction which--

(a) requires a person to report to the police, an immigration officer or the Secretary of State, and

(b) is imposed under a provision listed in subsection (3).

(3) Those provisions are--

(a) paragraph 21 of Schedule 2 to the Immigration Act 1971 (c. 77) (temporary admission or release from detention),

(b) paragraph 29 of that Schedule (bail), and

70 Induction

(1) A residence restriction may be imposed on an asylum-seeker or a dependant of an asylum-seeker without regard to his personal circumstances if--

(a) it requires him to reside at a specified location for a period not exceeding 14 days, and

(b) the person imposing the residence restriction believes that a programme of induction will be made available to the asylum-seeker at or near the specified location.

(2) In subsection (1) "residence restriction" means a restriction imposed under--

(a) paragraph 21 of Schedule 2 to the Immigration Act 1971 (temporary admission or release from detention), or

(b) paragraph 2(5) of Schedule 3 to that Act (control pending deportation).

(3) In this section--

"asylum-seeker" has the meaning given by section 18 of this Act but disregarding section 18(1)(a),
"dependant of an asylum-seeker" means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of an asylum-seeker, and
"programme of induction" means education about the nature of the asylum process.

(4) Regulations under subsection (3)--

(a) may make different provision for different circumstances,

(b) must be made by statutory instrument, and

(5) Subsection (6) applies where the Secretary of State arranges for the provision of a programme of induction (whether or not he also provides other facilities to persons attending the programme and whether or not all the persons attending the programme are subject to residence restrictions).

(6) A local authority may arrange for or participate in the provision of the programme or other facilities.

(7) In particular, a local authority may--

(a) incur reasonable expenditure;

(b) provide services outside its area;

(d) form a company;

(e) tender for or enter into a contract;

(f) do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.

(8) In this section "local authority" means--

(a) a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and

(b) a Northern Ireland authority within the meaning of section 110 of that Act.

71 Asylum-seeker: residence, &c. restriction

(1) This section applies to--

(a) a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and

(b) a dependant of a person within paragraph (a).

(2) The Secretary of State or an immigration officer may impose on a person to whom this section applies any restriction which may be imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: residence, reporting and occupation restrictions) on a person liable to detention under paragraph 16 of that Schedule.

(3) Where a restriction is imposed on a person under subsection (2)--

(a) the restriction shall be treated for all purposes as a restriction imposed under paragraph 21 of that Schedule, and

(b) if the person fails to comply with the restriction he shall be liable to detention under paragraph 16 of that Schedule.

(4) A restriction imposed on a person under this section shall cease to have effect if he ceases to be an asylum-seeker or the dependant of an asylum-seeker.

(5) In this section--

"asylum-seeker" has the same meaning as in section 70,
"claim for asylum" has the same meaning as in section 18, and
"dependant" means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of another person.

(6) Regulations under subsection (5)--

(a) may make different provision for different circumstances,

(b) must be made by statutory instrument, and

Removal

72 Serious criminal

(1) This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from protection).

(2) A person shall be presumed to have been convicted by a final judgment of a particularly serious crime and to constitute a danger to the community of the United Kingdom if he is--

(a) convicted in the United Kingdom of an offence, and

(b) sentenced to a period of imprisonment of at least two years.

(3) A person shall be presumed to have been convicted by a final judgment of a particularly serious crime and to constitute a danger to the community of the United Kingdom if--

(a) he is convicted outside the United Kingdom of an offence,

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