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

(The document as of February, 2008)

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(a) a British citizen,

(b) a British overseas territories citizen,

(d) a British Overseas citizen,

(e) a person who is a British subject under the British Nationality Act 1981 (c. 61), and

(f) a British protected person within the meaning of that Act.

(3) Sections 25C and 25D of the Immigration Act 1971 (c. 77) (forfeiture or detention of vehicle, &c.) shall apply in relation to an offence under section 145 of this Act as they apply in relation to an offence under section 25 of that Act.

(4) The following shall be inserted after paragraph 2(m) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (offence against child)--

" (n) an offence under section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution). "

147 Employment

(1) Section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence) shall be amended as follows.

(2) For subsection (2) (defence) substitute--

" (2) It is a defence for a person charged with an offence under this section to prove that before the employment began any relevant requirement of an order of the Secretary of State under subsection (2A) was complied with.

(2A) An order under this subsection may--

(a) require the production to an employer of a document of a specified description;

(b) require the production to an employer of one document of each of a number of specified descriptions;

(c) require an employer to take specified steps to retain, copy or record the content of a document produced to him in accordance with the order;

(d) make provision which applies generally or only in specified circumstances;

(e) make different provision for different circumstances. "

(3) After subsection (6) insert--

" (6A) Where an offence under this section is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(6B) Subsection (5) shall have effect in relation to a limited partnership as if--

(a) a reference to a body corporate were a reference to a limited partnership, and

(b) a reference to an officer of the body were a reference to a partner. "

(4) At the end of the section add--

" (9) Section 28(1) of the Immigration Act 1971 (c. 77) (extended time limit for prosecution) shall apply in relation to an offence under this section.

(10) An offence under this section shall be treated as--

(a) a relevant offence for the purpose of sections 28B and 28D of that Act (search, entry and arrest), and

(b) an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H (search after arrest). "

148 Registration card

The following shall be inserted after section 26 of the Immigration Act 1971 (general offences)--

" 26A Registration card

(1) In this section "registration card" means a document which--

(a) carries information about a person (whether or not wholly or partly electronically), and

(b) is issued by the Secretary of State to the person wholly or partly in connection with a claim for asylum (whether or not made by that person).

(2) In subsection (1) "claim for asylum" has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002.

(3) A person commits an offence if he--

(a) makes a false registration card,

(b) alters a registration card with intent to deceive or to enable another to deceive,

(d) uses or attempts to use a false registration card for a purpose for which a registration card is issued,

(e) uses or attempts to use an altered registration card with intent to deceive,

(f) makes an article designed to be used in making a false registration card,

(g) makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or

(h) has an article within paragraph (f) or (g) in his possession without reasonable excuse.

(4) In subsection (3) "false registration card" means a document which is designed to appear to be a registration card.

(5) A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable--

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

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

(6) A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable--

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

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

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

(a) amend the definition of "registration card" in subsection (1);

(b) make consequential amendment of this section.

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

(a) must be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament. "

149 Immigration stamp

The following shall be inserted after section 26A of the Immigration Act 1971 (c. 77) (registration card: falsification, &c.) (inserted by section 148 above)--

" 26B Possession of immigration stamp

(1) A person commits an offence if he has an immigration stamp in his possession without reasonable excuse.

(2) A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse.

(3) In this section--

(a) "immigration stamp" means a device which is designed for the purpose of stamping documents in the exercise of an immigration function,

(b) "replica immigration stamp" means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and

(c) "immigration function" means a function of an immigration officer or the Secretary of State under the Immigration Acts.

(4) A person who is guilty of an offence under this section shall be liable--

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

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

150 Sections 148 and 149: consequential amendments

(1) The following shall be inserted after section 28A(9) of the Immigration Act 1971 (arrest without warrant)--

" (9A) A constable or immigration officer may arrest without warrant a person--

(a) who has committed an offence under section 26A or 26B; or

(b) whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B. "

(2) In section 28B(5) of that Act (search and arrest by warrant) after ", 24A" there shall be inserted ", 26A or 26B.".

(3) In section 28D(4) of that Act (search of premises) after ", 25B" there shall be inserted ", 26A or 26B".

151 False information

In section 26(3) of the Immigration Act 1971 (general offences: "relevant enactment")--

(a) the word "or" after paragraph (c) shall cease to have effect, and

(b) after paragraph (d) there shall be inserted-- " ; or

(e) the Nationality, Immigration and Asylum Act 2002 (apart from Part 5). "

Procedure

152 Arrest by immigration officer

The following shall be inserted after section 28A of the Immigration Act 1971 (c. 77) (arrest without warrant)--

" 28AA Arrest with warrant

(1) This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under--

(a) section 24(1)(d), or

(b) section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence).

(2) The justice of the peace may grant a warrant authorising any immigration officer to arrest the person.

(3) In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace. "

153 Power of entry

(1) The following shall be inserted after section 28C of the Immigration Act 1971 (search and arrest without warrant)--

" 28CA Business premises: entry to arrest

(1) A constable or immigration officer may enter and search any business premises for the purpose of arresting a person--

(a) for an offence under section 24,

(b) for an offence under section 24A, or

(2) The power under subsection (1) may be exercised only--

(a) to the extent that it is reasonably required for a purpose specified in subsection (1),

(b) if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,

(c) with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and

(d) if the constable or immigration officer produces identification showing his status.

(3) Authority for the purposes of subsection (2)(c)--

(a) may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and

(b) shall expire at the end of the period of seven days beginning with the day on which it is given.

(4) Subsection (2)(d) applies--

(a) whether or not a constable or immigration officer is asked to produce identification, but

(b) only where premises are occupied.

(5) Subsection (6) applies where a constable or immigration officer--

(a) enters premises in reliance on this section, and

(b) detains a person on the premises.

(6) A detainee custody officer may enter the premises for the purpose of carrying out a search.

(7) In subsection (6)--

"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). "

(2) The following shall be substituted for section 146(2) of the Immigration and Asylum Act 1999 (use of force)--

" (2) A person exercising a power under any of the following may if necessary use reasonable force--

(a) section 28CA, 28FA or 28FB of the 1971 Act (business premises: entry to arrest or search),

(b) section 141 or 142 of this Act, and

154 Power to search for evidence

The following shall be inserted after section 28F of the Immigration Act 1971 (c. 77) (entry and search)--

" 28FA Search for personnel records: warrant unnecessary

(1) This section applies where--

(a) a person has been arrested for an offence under section 24(1) or 24A(1),

(b) a person has been arrested under paragraph 17 of Schedule 2,

(c) a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or

(d) a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.

(2) A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes--

(a) that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and

(b) that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence.

(3) A constable or officer searching premises under subsection (2) may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of--

(a) an immigration employment offence, or

(b) an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

(4) The power under subsection (2) may be exercised only--

(a) to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege,

(b) if the constable or immigration officer produces identification showing his status, and

(c) if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies.

(5) Those conditions are--

(a) that it is not practicable to communicate with a person entitled to grant access to the records,

(b) that permission to search has been refused,

(d) that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2).

(6) Subsection (4)(b) applies--

(a) whether or not a constable or immigration officer is asked to produce identification, but

(b) only where premises are occupied.

(7) In this section "immigration employment offence" means an offence under section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment).

28FB Search for personnel records: with warrant

(1) This section applies where on an application made by an immigration officer in respect of business premises a justice of the peace is satisfied that there are reasonable grounds for believing--

(a) that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer),

(b) that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and

(2) Those conditions are--

(a) that it is not practicable to communicate with a person entitled to grant access to the premises,

(b) that it is not practicable to communicate with a person entitled to grant access to the records,

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

(3) The justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.

(4) Subsection (7)(a) of section 28D shall have effect for the purposes of this section as it has effect for the purposes of that section.

(5) An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of--

(a) an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act, or

(b) an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud). "

155 Sections 153 and 154: supplemental

The following shall be added at the end of section 28L of the Immigration Act 1971 (c. 77) (interpretation) (which becomes subsection (1))--

" (2) In this Part "business premises" means premises (or any part of premises) not used as a dwelling.

(3) In this Part "employee records" means records which show an employee's--

(a) name,

(b) date of birth,

(d) length of service,

(e) rate of pay, or

(f) nationality or citizenship.

(4) The Secretary of State may by order amend section 28CA(3)(a) to reflect a change in nomenclature.

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

(a) must be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

156 Time limit on prosecution

(1) In section 28(1) of the Immigration Act 1971 (c. 77) (extended time limit for prosecution) the words ", 24A, 25" shall cease to have effect.

(2) Section 24A(4) of that Act (deception: application of extended time limit) shall cease to have effect.

Part 8 General

157 Consequential and incidental provision

(1) The Secretary of State may by order make consequential or incidental provision in connection with a provision of this Act.

(2) An order under this section may, in particular--

(a) amend an enactment;

(b) modify the effect of an enactment.

(3) An order under this section must be made by statutory instrument.

(4) An order under this section which amends an enactment shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(5) Any other order under this section shall be subject to annulment pursuant to a resolution of either House of Parliament.

158 Interpretation: "the Immigration Acts"

(1) A reference to "the Immigration Acts" is to--

(a) the Immigration Act 1971,

(b) the Immigration Act 1988 (c. 14),

(d) the Asylum and Immigration Act 1996 (c. 49),

(e) the Immigration and Asylum Act 1999 (c. 33), and

(f) this Act.

(2) This section has effect in relation to a reference in this Act or any other enactment (including an enactment passed or made before this Act).

(3) The following shall be substituted for section 32(5) of the Immigration Act 1971--

" (5) In subsection (4) "the Immigration Acts" has the meaning given by section 158 of the Nationality, Immigration and Asylum Act 2002. "

(4) The following shall be substituted for the definition of "the Immigration Acts" in section 167(1) of the Immigration and Asylum Act 1999--

" "the Immigration Acts" has the meaning given by section 158 of the Nationality, Immigration and Asylum Act 2002. "

159 Applied provision

(1) Subsection (2) applies where this Act amends or refers to a provision which is applied by, under or for purposes of--

(a) another provision of the Act which contains the provision, or

(b) another Act.

(2) The amendment or reference shall have effect in relation to the provision as applied.

(3) Where this Act applies a provision of another Act, a reference to that provision in any enactment includes a reference to the provision as applied by this Act.

160 Money

(1) Expenditure of the Secretary of State or the Lord Chancellor in connection with a provision of this Act shall be paid out of money provided by Parliament.

(2) An increase attributable to this Act in the amount payable out of money provided by Parliament under another enactment shall be paid out of money provided by Parliament.

(3) A sum received by the Secretary of State or the Lord Chancellor in connection with a provision of this Act shall be paid into the Consolidated Fund.

161 Repeals

The provisions listed in Schedule 9 are hereby repealed to the extent specified.

162 Commencement

(1) Subject to subsections (2) to (5), the preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.

(2) The following provisions shall come into force on the passing of this Act--

(a) section 6,

(b) section 7,

(d) section 11,

(e) section 15 (and Schedule 2),

(f) section 16,

(g) section 35(1)(h),

(h) section 38,

(i) section 40(1),

(j) section 41(1),

(k) section 42,

(l) section 43,

(m) section 48,

(n) section 49,

(o) section 50,

(p) section 56,

(q) section 58,

(r) section 59,

(s) section 61,

(t) section 67,

(u) section 69,

(v) section 70,

(w) section 115 and paragraph 29 of Schedule 7 (and the relevant entry in Schedule 9),

(x) section 157, and

(y) section 160.

(3) Section 5 shall have effect in relation to--

(a) an application made after the passing of this Act, and

(b) an application made, but not determined, before the passing of this Act.

(4) Section 8 shall have effect in relation to--

(a) an application made on or after a date appointed by the Secretary of State by order, and

(b) an application made, but not determined, before that date.

(5) Section 9 shall have effect in relation to a child born on or after a date appointed by the Secretary of State by order.

(6) An order under subsection (1) may--

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