(1) An appeal under section 82(1) ... against a decision in respect of a person may not be brought or continued if the Secretary of State certifies that the decision is or was taken—
(a) by the Secretary of State wholly or partly on a ground listed in subsection (2), or
(b) in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in subsection (2).
(2) The grounds mentioned in subsection (1) are that the person’s exclusion or removal from the United Kingdom is—
(a) in the interests of national security, or
(b) in the interests of the relationship between the United Kingdom and another country.
(3) An appeal under section 82(1) ... against a decision may not be brought or continued if the Secretary of State certifies that the decision is or 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.
(4) In subsections (1)(a) and (b) and (3) a reference to the Secretary of State is to the Secretary of State acting in person.
(1) This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.
(1A) This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security.
(2) Where this section applies—
(a) section 79 shall not apply,
(b) the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and
(c) section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section.
(2A) The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—
(a) against the decision to make the deportation order, or
(b) against any refusal to revoke the deportation order,
unless the person has made a human rights claim while in the United Kingdom.
(2B) Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—
(a) to the country or territory to which the person is proposed to be removed, and
(b) despite the appeals process not having been begun or not having been exhausted,
would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention) .
(2C) The grounds upon which a certificate may be given under subsection (2B) include (in particular)—
(a) that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;
(b) that the whole or part of any human rights claim made by the person is clearly unfounded.
(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2F) If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.
(2G) If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.
(2H) The Commission's determination of a review under subsection (2F) is final.
(2J) The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.
(2K) Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).
(2L) Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The Secretary of State may repeal this section by order.
(1) A party to an appeal to an adjudicator under section 82 or 83 may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law.
(2) A party to an application to the Tribunal for permission to appeal under subsection (1) may apply to the High Court or, in Scotland, to the Court of Session for a review of the Tribunal’s decision on the ground that the Tribunal made an error of law.
(3) Where an application is made under subsection (2)—
(a) it shall be determined by a single judge by reference only to written submissions,
(b) the judge may affirm or reverse the Tribunal’s decision,
(c) the judge’s decision shall be final, and
(d) if, in an application to the High Court, the judge thinks the application had no merit he shall issue a certificate under this paragraph (which shall be dealt with in accordance with Civil Procedure Rules).
(4) The Lord Chancellor may by order repeal subsections (2) and (3).
(1) On an appeal under section 101 the Immigration Appeal Tribunal may—
(a) affirm the adjudicator’s decision;
(b) make any decision which the adjudicator could have made;
(c) remit the appeal to an adjudicator;
(d) affirm a direction given by the adjudicator under section 87;
(e) vary a direction given by the adjudicator under that section;
(f) give any direction which the adjudicator could have given under that section.
(2) In reaching their decision on an appeal under section 101 the Tribunal may consider evidence about any matter which they think relevant to the adjudicator’s decision, including evidence which concerns a matter arising after the adjudicator’s decision.
(3) But where the appeal under section 82 was against refusal of entry clearance or refusal of a certificate of entitlement—
(a) subsection (2) shall not apply, and
(b) the Tribunal may consider only the circumstances appertaining at the time of the decision to refuse.
(4) In remitting an appeal to an adjudicator under subsection (1)(c) the Tribunal may, in particular—
(a) require the adjudicator to determine the appeal in accordance with directions of the Tribunal;
(b) require the adjudicator to take additional evidence with a view to the appeal being determined by the Tribunal.
(1) Where the Immigration Appeal Tribunal determines an appeal under section 101 a party to the appeal may bring a further appeal on a point of law—
(a) where the original decision of the adjudicator was made in Scotland, to the Court of Session, or
(b) in any other case, to the Court of Appeal.
(2) An appeal under this section may be brought only with the permission of—
(a) the Tribunal, or
(b) if the Tribunal refuses permission, the court referred to in subsection (1)(a) or (b).
(3) The remittal of an appeal to an adjudicator under section 102(1)(c) is not a determination of the appeal for the purposes of subsection (1) above.
(1) An appeal under section 82(1) is pending during the period—
(a) beginning when it is instituted, and
(b) ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).
(2) An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—
(a) an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,
(b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or
(c) an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsection (4B)).
(4B) Subsection (4A) shall not apply to an appeal in so far as it is brought on a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) where the appellant—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) gives notice, in accordance with Tribunal Procedure Rules, that he wishes to pursue the appeal in so far as it is brought on that ground.
(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may make regulations requiring a person to be given written notice where an appealable decision is taken in respect of him.
(2) The regulations may, in particular, provide that a notice under subsection (1) of an appealable decision must state—
(a) that there is a right of appeal under section 82, and
(b) how and when that right may be exercised.
(3) The regulations may make provision (which may include presumptions) about service.
(4) In this section “appealable decision” means a decision mentioned in section 82(1).
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In the case of an appeal under section 82 ... ..., Tribunal Procedure Rules may enable the Tribunal to certify that the appeal had no merit (and shall make provision for the consequences of the issue of a certificate).
(4) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with Tribunal Procedure Rules in connection with proceedings under section 82 ... ... to attend before . . . the Tribunal—
(a) to give evidence, or
(b) to produce a document.
(5) A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) This section applies where it is alleged—
(a) that a document relied on by a party to an appeal under section 82 ... is a forgery, and
(b) that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.
(2) The Tribunal—
(a) must investigate the allegation in private, and
(b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).
(1) The Secretary of State may make a grant to a voluntary organisation which provides—
(a) advice or assistance to persons who have a right of appeal under this Part;
(b) other services for the welfare of those persons.
(2) A grant under this section may be subject to terms or conditions (which may include conditions as to repayment).
(1) Regulations under this Part shall be made by the Secretary of State.
(2) Regulations ... under this Part ...—
(a) must be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Regulations ... under this Part—
(a) may make provision which applies generally or only in a specified case or in specified circumstances,
(b) may make different provision for different cases or circumstances,
(c) may include consequential, transitional or incidental provision, and
(d) may include savings.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) An order under section 94(5) ...—
(a) must be made by statutory instrument,
(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and
(c) may include transitional provision.
(5) An order under section 94(6) or (6B) ...—
(a) must be made by statutory instrument,
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and
(c) may include transitional provision.
(5A) If an instrument makes provision under section 94(5) and 94(6)—
(a) subsection (4)(b) above shall apply, and
(b) subsection (5)(b) above shall not apply.
(5B) An order under section 97A(4)—
(a) must be made by statutory instrument,
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and
(c) may include transitional provision.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In this Part, unless a contrary intention appears—
“asylum claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention,
...
“human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention) ...,
“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 and “Convention rights” shall be construed in accordance with section 1 of that Act,
“ humanitarian protection ” has the meaning given in section 82(2);
...
“immigration rules” means rules under section 1(4) of the Immigration Act 1971 (general immigration rules),
...
“ protection claim ” has the meaning given in section 82(2)
“ protection status ” has the meaning given in section 82(2)
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol,
...
...
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Part IV of the Immigration and Asylum Act 1999 (c. 33) (appeals) shall cease to have effect.
(2) Schedule 6 (which makes transitional provision in connection with the repeal of Part IV of that Act and its replacement by this Part) shall have effect.
(3) Schedule 7 (consequential amendments) shall have effect.
(1) In Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) (proceedings for which legal aid may be given under Part II of that Order) the following shall be inserted after paragraph 6—
6A Proceedings before an adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002, the Immigration Appeal Tribunal or the Special Immigration Appeals Commission.
(2) The amendment made by subsection (1) is without prejudice to the power to make regulations under Article 10(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 amending or revoking the provision inserted by that subsection.
(1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—
(a) breaches a person's right to respect for private and family life under Article 8, and
(b) as a result would be unlawful under section 6 of the Human Rights Act 1998.
(2) In considering the public interest question, the court or tribunal must (in particular) have regard—
(a) in all cases, to the considerations listed in section 117B, and
(b) in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.
(3) In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).
117B Article 8: public interest considerations applicable in all cases
(1) The maintenance of effective immigration controls is in the public interest.
(2) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English—
(a) are less of a burden on taxpayers, and
(b) are better able to integrate into society.
(3) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons—
(a) are not a burden on taxpayers, and
(b) are better able to integrate into society.
(4) Little weight should be given to—
(a) a private life, or
(b) a relationship formed with a qualifying partner,
that is established by a person at a time when the person is in the United Kingdom unlawfully.
(5) Little weight should be given to a private life established by a person at a time when the person's immigration status is precarious.
(6) In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—
(a) the person has a genuine and subsisting parental relationship with a qualifying child, and
(b) it would not be reasonable to expect the child to leave the United Kingdom.
117C Article 8: additional considerations in cases involving foreign criminals
(1) The deportation of foreign criminals is in the public interest.
(2) The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal.
(3) In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies.
(4) Exception 1 applies where—
(a) C has been lawfully resident in the United Kingdom for most of C's life,
(b) C is socially and culturally integrated in the United Kingdom, and
(c) there would be very significant obstacles to C's integration into the country to which C is proposed to be deported.
(5) Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C's deportation on the partner or child would be unduly harsh.
(6) In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2.
(7) The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted.
(1) In this Part—
“Article 8” means Article 8 of the European Convention on Human Rights;
“qualifying child” means a person who is under the age of 18 and who—
is a British citizen, or
has lived in the United Kingdom for a continuous period of seven years or more;
“qualifying partner” means a partner who—
is a British citizen, or
who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).
(2) In this Part, “foreign criminal” means a person—
(a) who is not a British citizen,
(b) who has been convicted in the United Kingdom of an offence, and
(c) who—
(i) has been sentenced to a period of imprisonment of at least 12 months,
(ii) has been convicted of an offence that has caused serious harm, or
(iii) is a persistent offender.
(3) For the purposes of subsection (2)(b), a person subject to an order under—
(a) section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc),
(b) section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or
(c) Article 50A of the Mental Health (Northern Ireland) Order 1986 (insanity etc),
has not been convicted of an offence.
(4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time;
(c) include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and
(d) include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time.
(5) If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it.
118 Leave pending decision on variation application
The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on application for variation)—
Continuation of leave pending variation decision
3C (1) This section applies if—
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b) the application for variation is made before the leave expires, and
(c) the leave expires without the application for variation having been decided.
(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn,
(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c) an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).
(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.
(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.
(5) But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).
(6) In this section a reference to an application being decided is a reference to notice of the decision being given in accordance with regulations under section 105 of that Act (notice of immigration decision).
In paragraph 6(3) of Schedule 2 to the Immigration Act 1971 (c. 77) (deemed leave on cancellation of notice of refusal) after “and the immigration officer does not at the same time give him indefinite or limited leave to enter” there shall be inserted “ or require him to submit to further examination ”.
120 Requirement to state additional grounds for application
(1) Subsection (2) applies to a person (“P”) if—
(a) P has made a protection claim or a human rights claim,
(b) P has made an application to enter or remain in the United Kingdom, or
(c) a decision to deport or remove P has been or may be taken.
(2) The Secretary of State or an immigration officer may serve a notice on P requiring P to provide a statement setting out—
(a) P's reasons for wishing to enter or remain in the United Kingdom,
(b) any grounds on which P should be permitted to enter or remain in the United Kingdom, and
(c) any grounds on which P should not be removed from or required to leave the United Kingdom.
(3) A statement under subsection (2) need not repeat reasons or grounds set out in—
(a) P's protection or human rights claim,
(b) the application mentioned in subsection (1)(b), or
(c) an application to which the decision mentioned in subsection (1)(c) relates.
(4) Subsection (5) applies to a person (“P”) if P has previously been served with a notice under subsection (2) and—
(a) P requires leave to enter or remain in the United Kingdom but does not have it, or
(b) P has leave to enter or remain in the United Kingdom only by virtue of section 3C ... of the Immigration Act 1971 (continuation of leave pending decision or appeal).
(5) Where P's circumstances have changed since the Secretary of State or an immigration officer was last made aware of them (whether in the application or claim mentioned in subsection (1) or in a statement under subsection (2) or this subsection) so that P has—
(a) additional reasons for wishing to enter or remain in the United Kingdom,
(b) additional grounds on which P should be permitted to enter or remain in the United Kingdom, or
(c) additional grounds on which P should not be removed from or required to leave the United Kingdom,
P must, as soon as reasonably practicable, provide a supplementary statement to the Secretary of State or an immigration officer setting out the new circumstances and the additional reasons or grounds.
(6) In this section—
“human rights claim” and “protection claim” have the same meanings as in Part 5;
references to “grounds” are to grounds on which an appeal under Part 5 may be brought (see section 84).
The following shall be inserted after section 31A(3) of the Immigration Act 1971 (procedural requirements for application)—
(3A) Regulations under this section may provide that a failure to comply with a specified requirement of the regulations—
(a) invalidates an application,
(b) does not invalidate an application, or
(c) invalidates an application in specified circumstances (which may be described wholly or partly by reference to action by the applicant, the Secretary of State, an immigration officer or another person).
(1) The Secretary of State may by regulations require an application for an immigration employment document to be accompanied by a fee prescribed in the regulations.
(2) In subsection (1) “immigration employment document” means—
(a) a work permit, and
(b) any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.
(3) Regulations under subsection (1)—
(a) may make provision which applies generally or only in specified cases or circumstances (or except in specified cases or circumstances), and
(b) may make different provision for different cases or circumstances.
(4) In particular, regulations by virtue of subsection (3)(a) which create an exception may make provision by reference to an arrangement with the Secretary of State under which a payment is made in respect of—
(a) a specified number or class of applications, or
(b) a specified period of time.
(5) Regulations under subsection (1)—
(a) must be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this section—
“immigration rules” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation), and
“work permit” has the meaning given by that section.
(1) Section 82 of the Immigration and Asylum Act 1999 (c. 33) (immigration advice and services: interpretation) shall be amended as follows.
(2) In the definition of “relevant matters” in subsection (1), after paragraph (b) there shall be inserted—
(ba) an application for an immigration employment document;
.
(3) At the end of the section add—
(3) In the definition of “relevant matters” in subsection (1) “immigration employment document” means—
(a) a work permit (within the meaning of section 33(1) of the Immigration Act 1971 (interpretation)), and
(b) any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.
(1) The Secretary of State may by regulations—
(a) require an immigration application to be accompanied by specified biometric information;
(b) enable an authorised person to require an individual who makes an immigration application to provide biometric information;
(c) enable an authorised person to require an entrant to provide biometric information.
(2) In subsection (1) “immigration application” means an application for—
(za) an ETA (within the meaning of section 11C of the Immigration Act 1971 (electronic travel authorisations)),
(a) entry clearance,
(b) leave to enter or remain in the United Kingdom, ...
(c) variation of leave to enter or remain in the United Kingdom; or
(d) a transit visa (within the meaning of section 41 of the Immigration and Asylum Act 1999), ...
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Regulations under subsection (1) may not—
(a) impose a requirement in respect of a person to whom section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) applies, during the relevant period within the meaning of that section, or
(b) enable a requirement to be imposed in respect of a person to whom that section applies, during the relevant period within the meaning of that section.
(4) Regulations under subsection (1) may, in particular—
(a) require, or enable an authorised person to require, the provision of biometric information in a specified form;
(b) require an individual to submit, or enable an authorised person to require an individual to submit, to a specified process by means of which biometric information is obtained or recorded;
(c) make provision about the effect of failure to provide biometric information or to submit to a process (which may, in particular, include provision for an application to be disregarded or dismissed if a requirement is not satisfied);
(d) confer a function (which may include the exercise of a discretion) on an authorised person;
(e) require an authorised person to have regard to a code (with or without modification);
(f) require an authorised person to have regard to such provisions of a code (with or without modification) as may be specified by direction of the Secretary of State;
(fa) provide for biometric information to be recorded on any document issued as a result of the application in relation to which the information was provided;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) make provision which applies generally or only in specified cases or circumstances;
(i) make different provision for different cases or circumstances.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In so far as regulations under subsection (1) require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (fingerprints: children).
(7) In so far as regulations under subsection (1) enable an authorised person to require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5), (12) and (13) of that Act (fingerprints: children).
(8) Regulations under subsection (1)—
(a) must be made by statutory instrument, and
(b) shall not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
(8A) Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.
(9) In this section—
“authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (authority to take fingerprints),
“biometric information” has the meaning given by section 15 of the UK Borders Act 2007,
“code” has the meaning given by section 145(6) of that Act (code of practice),
“document” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods),
“entrant” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),
“entry clearance” has the meaning given by section 33(1) of that Act,
...
(1) The Secretary of State may operate a scheme under which an individual may supply, or submit to the obtaining or recording of, biometric information to be used (wholly or partly) in connection with entry to the United Kingdom.
(2) In particular, the Secretary of State may—
(a) require an authorised person to use biometric information supplied under a scheme;
(b) make provision about the collection, use and retention of biometric information supplied under a scheme (which may include provision requiring an authorised person to have regard to a code);
(c) charge for participation in a scheme.
(3) In this section the following expressions have the same meaning as in section 126—
(a) “authorised person”,
(aa) biometric information”, and
(b) “code”, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
128 Data collection under Immigration and Asylum Act 1999
(1) The following shall be added at the end of section 144 of the Immigration and Asylum Act 1999 (c. 33) (collection of data about external physical characteristics) (which becomes subsection (1))—
(2) In subsection (1) “external physical characteristics” includes, in particular, features of the iris or any other part of the eye.
(2) The following shall be inserted after section 145(2) of that Act (codes of practice)—
(2A) A person exercising a power under regulations made by virtue of section 144 must have regard to such provisions of a code as may be specified.
(1) The Secretary of State may require a local authority to supply information for the purpose of establishing where a person is if the Secretary of State reasonably suspects that—
(a) the person has committed an offence under section 24(A1), (B1), (C1), (D1), (E1) , (E1A) or (1)(b), (c) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.), and
(b) the person is or has been resident in the local authority’s area.
(2) A local authority shall comply with a requirement under this section.
(3) In the application of this section to England and Wales “local authority” means—
(a) a county council,
(b) a county borough council,
(c) a district council,
(d) a London borough council,
(e) the Common Council of the City of London, and
(f) the Council of the Isles of Scilly.
(4) In the application of this section to Scotland “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).
(5) In the application of this section to Northern Ireland—
(a) a reference to a local authority shall be taken as a reference to the Northern Ireland Housing Executive, and
(b) the reference to a local authority’s area shall be taken as a reference to Northern Ireland.