Nationality, Immigration and Asylum Act 2002
2002 c. 41
An Act to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.
[7th November 2002]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Naturalisation: knowledge of language and society
(1) The following shall be inserted after the word “and” after paragraph 1(1)(c) of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation)—
(ca) that he has sufficient knowledge about life in the United Kingdom; and
.
(2) In paragraph 2(e) of that Schedule (waiver)—
(a) for “the requirement specified in paragraph 1(1)(c)” there shall be substituted “ either or both of the requirements specified in paragraph 1(1)(c) and (ca) ”, and
(b) for “expect him to fulfil it” there shall be substituted “ expect him to fulfil that requirement or those requirements ”.
(3) The following shall be inserted after section 41(1)(b) of that Act (regulations)—
(ba) for determining whether a person has sufficient knowledge of a language for the purpose of an application for naturalisation;
(bb) for determining whether a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation;
.
(4) The following shall be inserted after section 41(1) of that Act—
(1A) Regulations under subsection (1)(ba) or (bb) may, in particular—
(a) make provision by reference to possession of a specified qualification;
(b) make provision by reference to possession of a qualification of a specified kind;
(c) make provision by reference to attendance on a specified course;
(d) make provision by reference to attendance on a course of a specified kind;
(e) make provision by reference to a specified level of achievement;
(f) enable a person designated by the Secretary of State to determine sufficiency of knowledge in specified circumstances;
(g) enable the Secretary of State to accept a qualification of a specified kind as evidence of sufficient knowledge of a language.
(1) Paragraphs 3 and 4 of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation as British citizen: spouse of citizen) shall be amended as follows—
(a) in paragraph 3(e) for “requirement specified in paragraph 1(1)(b)” substitute “ requirements specified in paragraph 1(1)(b), (c) and (ca) ”, and
(b) in paragraph 4(c) omit“and (e)”.
(2) Paragraphs 7 and 8 of that Schedule (requirements for naturalisation as British overseas territories citizen: spouse of citizen) shall be amended as follows—
(a) in paragraph 7(e) for “requirement specified in paragraph 5(1)(b)” substitute “ requirements specified in paragraph 5(1)(b) and (c) ”, and
(b) in paragraph 8(c) omit“and (e)”.
(1) The following shall be substituted for section 40 of the British Nationality Act 1981 (deprivation of citizenship)—
Deprivation of citizenship
40 (1) In this section a reference to a person’s “citizenship status” is a reference to his status as—
(a) a British citizen,
(b) a British overseas territories citizen,
(c) a British Overseas citizen,
(d) a British National (Overseas),
(e) a British protected person, or
(f) a British subject.
(2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that the person has done anything seriously prejudicial to the vital interests of—
(a) the United Kingdom, or
(b) a British overseas territory.
(3) The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—
(a) fraud,
(b) false representation, or
(c) concealment of a material fact.
(4) The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.
(5) Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying—
(a) that the Secretary of State has decided to make an order,
(b) the reasons for the order, and
(c) the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68).
(6) Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—
(a) fraud,
(b) false representation, or
(c) concealment of a material fact.
Deprivation of citizenship: appeal
40A (1) A person who is given notice under section 40(5) of a decision to make an order in respect of him under section 40 may appeal against the decision to an adjudicator appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal).
(2) Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—
(a) in the interests of national security,
(b) in the interests of the relationship between the United Kingdom and another country, or
(c) otherwise in the public interest.
(3) A party to an appeal to an adjudicator under subsection (1) may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law.
(4) A party to an appeal to the Immigration Appeal Tribunal under subsection (3) may bring a further appeal on a point of law—
(a) where the decision of the adjudicator was made in Scotland, to the Court of Session, or
(b) in any other case, to the Court of Appeal.
(5) An appeal under subsection (4) may be brought only with the permission of—
(a) the Tribunal, or
(b) if the Tribunal refuses permission, the court referred to in subsection (4)(a) or (b).
(6) An order under section 40 may not be made in respect of a person while an appeal under this section or section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68)—
(a) has been instituted and has not yet been finally determined, withdrawn or abandoned, or
(b) could be brought (ignoring any possibility of an appeal out of time with permission).
(7) Rules under section 106 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal: rules) may make provision about an appeal under this section.
(8) Directions under section 107 of that Act (practice directions) may make provision about an appeal under this section.
(2) The following shall be inserted before section 3 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: bail)—
2B A person may appeal to the Special Immigration Appeals Commission against a decision to make an order under section 40 of the British Nationality Act 1981 (c. 61) (deprivation of citizenship) if he is not entitled to appeal under section 40A(1) of that Act because of a certificate under section 40A(2).
(3) In section 5(1)(a) and (b) and (2) of that Act (procedure) after “section 2” there shall be inserted “ or 2B ”.
(4) In exercising a power under section 40 of the British Nationality Act 1981 after the commencement of subsection (1) above the Secretary of State may have regard to anything which—
(a) occurred before commencement, and
(b) he could have relied on (whether on its own or with other matters) in making an order under section 40 before commencement.
In the following provisions of the British Nationality Act 1981 (c. 61) the words “, if a woman,” shall cease to have effect—
(a) section 10(1) and (2)(registration as British citizen following renunciation of citizenship), and
(b) section 22(1) and (2)(registration as British overseas territories citizen following renunciation of citizenship).
(1) Section 44(2) and (3) of the British Nationality Act 1981 (c. 61) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.
(2) Section 1(5) of the British Nationality (Hong Kong) Act 1990 (c. 34) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.
In paragraph 3(1)(b) of Schedule 2 to the British Nationality Act 1981 (application by person born in United Kingdom or overseas territory for registration as citizen: age requirement) the words “had attained the age of ten but” shall cease to have effect.
(1) The following shall be substituted for section 50(9) of the British Nationality Act 1981 (interpretation: child)—
(9) For the purposes of this Act a child’s mother is the woman who gives birth to the child.
(9A) For the purposes of this Act a child’s father is—
(a) the husband, at the time of the child’s birth, of the woman who gives birth to the child, or
(b) where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (father), that person, or
(c) where neither paragraph (a) nor paragraph (b) applies, any person who satisfies prescribed requirements as to proof of paternity.
(9B) In subsection (9A)(c) “prescribed” means prescribed by regulations of the Secretary of State; and the regulations—
(a) may confer a function (which may be a discretionary function) on the Secretary of State or another person,
(b) may make provision which applies generally or only in specified circumstances,
(c) may make different provision for different circumstances,
(d) must be made by statutory instrument, and
(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9C) The expressions “parent”, “child” and “descended” shall be construed in accordance with subsections (9) and (9A).
(2) In section 3(6) of that Act (registration of minor as British citizen)—
(a) after paragraph (a) insert “ and ”,
(b) the word “and” after paragraph (b) shall cease to have effect, and
(c) paragraph (c) (illegitimate child) shall cease to have effect.
(3) In section 17(6) of that Act (registration of minor as British overseas territories citizen)—
(a) after paragraph (a) insert “ and ”,
(b) the word“and” after paragraph (b) shall cease to have effect, and
(c) paragraph (c)(illegitimate child) shall cease to have effect.
(4) Section 47 of that Act (legitimated children) shall cease to have effect.
(5) In Schedule 2 to that Act (persons otherwise stateless)—
(a) in paragraph 1(1)(b) (person born in United Kingdom), the words “he is born legitimate and” shall cease to have effect, and
(b) in paragraph 2(1)(b) (person born in British overseas territory), the words “he is born legitimate and” shall cease to have effect.
(1) The Secretary of State may by regulations make provision for the issue to a person of a certificate that he has the right of abode in the United Kingdom.
(2) The regulations may, in particular—
(a) specify to whom an application must be made;
(b) specify the place (which may be outside the United Kingdom) to which an application must be sent;
(c) provide that an application must be accompanied by specified information;
(d) provide that an application must be accompanied by specified documents;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) specify the consequences of failure to comply with a requirement under any of paragraphs (a) to (d) above;
(g) provide for a certificate to cease to have effect after a period of time specified in or determined in accordance with the regulations;
(h) make provision about the revocation of a certificate.
(3) The regulations may—
(a) make provision which applies generally or only in specified cases or circumstances;
(b) make different provision for different purposes;
(c) include consequential, incidental or transitional provision.
(4) The regulations—
(a) must be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) The Immigration Act 1971 (c. 77) shall be amended as follows—
(a) in section 3(9)(b) (proof of entitlement to right of abode) the words “issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode” shall cease to have effect, and
(b) in section 33(1) for the definition of “certificate of entitlement” substitute—
“certificate of entitlement” means a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom;
.
(6) Regulations under this section may, in particular, include provision saving, with or without modification, the effect of a certificate which—
(a) is issued before the regulations come into force, and
(b) is a certificate of entitlement for the purposes of sections 3(9) and 33(1) of the Immigration Act 1971 as those sections have effect before the commencement of subsection (5) above.
12 British citizenship: registration of certain persons without other citizenship
(1) The following shall be inserted after section 4A of the British Nationality Act 1981 (c. 61) (registration as British citizen)—
Acquisition by registration: certain persons without other citizenship
4B (1) This section applies to a person who has the status of—
(a) British Overseas citizen,
(b) British subject under this Act, or
(c) British protected person.
(2) A person to whom this section applies shall be entitled to be registered as a British citizen if—
(a) he applies for registration under this section,
(b) the Secretary of State is satisfied that the person does not have, apart from the status mentioned in subsection (1), any citizenship or nationality, and
(c) the Secretary of State is satisfied that the person has not after 4th July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality.
(2) In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) for “section 5” there shall be substituted “ section 4B or 5 ”.
13 British citizenship: registration of certain persons born between 1961 and 1983
(1) The following shall be inserted after section 4B of the British Nationality Act 1981 (registration as British citizen)—
Acquisition by registration: certain persons born between 1961 and 1983
4C (1) A person is entitled to be registered as a British citizen if—
(a) he applies for registration under this section, and
(b) he satisfies each of the following conditions.
(2) The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983.
(3) The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948 (c. 56) if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father.
(4) The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.
(2) In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) after the words “section 4B” (as substituted by section 12(2) of this Act) there shall be inserted “ , 4C ”.
A person may not be registered as a British overseas territories citizen under a provision of the British Nationality Act 1981 (c. 61) by virtue of a connection with Hong Kong.
(1) The Secretary of State may arrange for the provision of premises for the accommodation of persons in accordance with this Part.
(2) A set of premises provided under this section is referred to in this Act as an “accommodation centre”.
(3) The Secretary of State may arrange for—
(a) the provision of facilities at or near an accommodation centre for sittings of adjudicators appointed for the purpose of Part 5 in accordance with a determination . . . under paragraph 2 of Schedule 4;
(b) the provision of facilities at an accommodation centre for the taking of steps in connection with the determination of claims for asylum (within the meaning of section 18(3)).
(1) For the purposes of this Part a person is an “asylum-seeker” if—
(a) he is at least 18 years old,
(b) he is in the United Kingdom,
(c) a claim for asylum has been made by him at a place designated by the Secretary of State,
(d) the Secretary of State has recorded the claim, and
(e) the claim has not been determined.
(1ZA) For the purposes of subsection (1), the circumstances in which a claim is determined include where the claim is declared inadmissible under section 80A or 80B.
(1ZB) But if a claim is—
(a) declared inadmissible under section 80B, and
(b) nevertheless considered by the Secretary of State in accordance subsection (7) of that section,
the claim ceases to be treated as determined from the time of the decision to consider the claim.
(2) A person shall continue to be treated as an asylum-seeker despite subsection (1)(e) while—
(a) his household includes a dependent child who is under 18, and
(b) he does not have leave to enter or remain in the United Kingdom.
(3) A claim for asylum is a claim by a person that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—
(a) the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, or
(b) Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950.
(1) The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall apply for the purposes of this Part as they apply for the purposes of Part VI of that Act (support for asylum-seeker)—
(a) section 105 (false representation),
(b) section 106 (dishonest representation),
(c) section 107 (delay or obstruction),
(d) section 108 (failure of sponsor to maintain),
(e) section 109 (offence committed by body),
(f) section 112 (recovery of expenditure),
(g) section 113 (recovery of expenditure from sponsor),
(h) section 124 (corporation sole), and
(i) section 127 (redirection of post).
(2) In the application of section 112 a reference to something done under section 95 or 98 of that Act shall be treated as a reference to something done under section 17 or 24 of this Act.
(3) In the application of section 113 a reference to section 95 of that Act shall be treated as a reference to section 17 of this Act.
(1) A local authority may in accordance with arrangements made by the Secretary of State—
(a) assist in arranging for the provision of an accommodation centre;
(b) make premises available for an accommodation centre;
(c) provide services in connection with an accommodation centre.
(2) In particular, a local authority may—
(a) incur reasonable expenditure;
(b) provide services outside its area;
(c) provide services jointly with another body;
(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.
(3) 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 and an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/ 594 (N.I. 3)).
(1) The Secretary of State may not make arrangements under section 16 for the provision of premises in Scotland unless he has consulted the Scottish Ministers.
(2) The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Scotland.
(3) An order under subsection (2) may, in particular—
(a) apply, disapply or modify the effect of an enactment (which may include a provision made by or under an Act of the Scottish Parliament);
(b) make provision having an effect similar to the effect of a provision of section 36 or 37.
(1) The Secretary of State may not make arrangements under section 16 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy First Minister.
(2) The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Northern Ireland.
(3) An order under subsection (2) may, in particular—
(a) apply, disapply or modify the effect of an enactment (which may include a provision made by or under Northern Ireland legislation);
(b) make provision having an effect similar to the effect of a provision of section 36 or 37.
The Secretary of State may not make arrangements under section 16 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.
(1) The Secretary of State may make an order restricting the application of section 96(1)(b) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: essential living needs)—
(a) in all circumstances, to cases in which support is being provided under section 96(1)(a) (accommodation), or
(b) in specified circumstances only, to cases in which support is being provided under section 96(1)(a).
(2) An order under subsection (1)(b) may, in particular, make provision by reference to—
(a) location;
(b) the date of an application.
(3) An order under subsection (1) may include transitional provision.
(4) An order under subsection (1)—
(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.
The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall have effect as if the definition of asylum-seeker in section 94(1) of that Act did not exclude persons who are under 18—
(a) section 110 (local authority expenditure on asylum-seekers), and
(b) section 111 (grants to voluntary organisations).
(1) The following shall be added at the end of section 4 of the Immigration and Asylum Act 1999 (accommodation for person on temporary admission or release)—
(2) The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a person if—
(a) he was (but is no longer) an asylum-seeker, and
(b) his claim for asylum was rejected.
(3) The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a dependant of a person for whom facilities may be provided under subsection (2).
(4) The following expressions have the same meaning in this section as in Part VI of this Act (as defined in section 94)—
(a) asylum-seeker,
(b) claim for asylum, and
(c) dependant.
(2) The present section 4 of the Immigration and Asylum Act 1999 (c. 33) becomes subsection (1) (and its heading becomes “ Accommodation ”).
(1) The following shall be inserted after section 95(9) of the Immigration and Asylum Act 1999 (support for asylum-seeker: condition)—
(9A) A condition imposed under subsection (9) may, in particular, relate to—
(a) any matter relating to the use of the support provided, or
(b) compliance with a restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary admission or release from detention) or paragraph 2 or 5 of Schedule 3 to that Act (restriction pending deportation).
(2) The following shall be inserted after paragraph 6 of Schedule 9 to that Act (asylum-seeker: interim support)—
6A The regulations may, in particular, require support to be provided subject to a condition of compliance with any restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary admission or release from detention) or paragraph 2 or 5 of Schedule 3 to that Act (restriction pending deportation).
(1) The Secretary of State may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (2) if—
(a) the person makes a claim for asylum which is recorded by the Secretary of State, and
(b) the Secretary of State is not satisfied that the claim was made as soon as reasonably practicable after the person’s arrival in the United Kingdom.
(2) The provisions are—
(a) sections 4, 95 and 98 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker, &c.), and
(b) sections 17 and 24 of this Act (accommodation centre).
(3) An authority may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (4) if—
(a) the person has made a claim for asylum, and
(b) the Secretary of State is not satisfied that the claim was made as soon as reasonably practicable after the person’s arrival in the United Kingdom.
(4) The provisions are—
(a) section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (accommodation pending review),
(b) section 188(3) or 204(4) of the Housing Act 1996 (c. 52) (accommodation pending review or appeal), ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
(d) section 1 of the Localism Act 2011 (local authority’s general power of competence)
(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
(c) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(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).
(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)) ”.
(1) A person is a “voluntary leaver” for the purposes of this section if—
(a) he is not a British citizen ...,
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).
(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,
(c) facilitate co-operation between States in matters relating to migration,
(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.
(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).
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).
(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 section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or 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 provisions.
(2) Where the Secretary of State is empowered under section 3A of the Immigration Act 1971 (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.
(2N) A person liable to be detained under this section may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision to be made, the removal or examination to be carried out, or the directions to be given.
(2O) Subsections (1) and (2) apply regardless of whether there is anything that for the time being prevents the decision from being made, the removal or examination from being carried out, or the directions from being given.
(2P) Subsections (2N) and (2O) are subject to—
(a) paragraph 18B of Schedule 2 to the Immigration Act 1971 (limitation on detention of unaccompanied children), as applied by subsection (3);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) subsection (7A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).
(2Q) Subsection (2R) applies if, while a person is detained under this section, the Secretary of State no longer considers that the decision will be made, the removal or examination will be carried out, or the directions will be given within a reasonable period of time.
(2R) The person may be detained under this section for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.
(3) A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule , other than paragraph 17A, 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,
(aa) a reference in paragraph 18B of that Schedule to an immigration officer shall be read as a reference to the Secretary of State,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(7A) The detention under this section of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 ”.
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).
(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.