Nationality, Immigration and Asylum Act 2002

Disclosure of information by public authority U.K.

129 Local authority U.K.

(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(1)(a), (b), (c), (e) 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.

130 Inland Revenue U.K.

(1) The Commissioners of Inland Revenue may supply the Secretary of State with information for the purpose of establishing where a person is if the Secretary of State reasonably suspects—

(a) that the person does not have leave to enter or remain in the United Kingdom, and

(b) that the person does not have permission to work in accordance with section 1(2) of the Immigration Act 1971 (c. 77) (general principles).

(2) The Commissioners of Inland Revenue may supply the Secretary of State with information for the purpose of establishing where a person is if the Secretary of State reasonably suspects that the person has undertaken employment in the United Kingdom in breach of—

(a) a condition attached to leave to enter or remain in the United Kingdom,

(b) a restriction imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971 (control of entry), or

(c) a restriction imposed under paragraph 2 of Schedule 3 to that Act (deportation).

(3) The Commissioners of Inland Revenue may supply the Secretary of State with information for the purpose of determining whether an applicant for naturalisation under the British Nationality Act 1981 (c. 61) is of good character.

(4) The Commissioners of Inland Revenue may supply the Secretary of State with information for the purpose of applying, in the case of an applicant for entry clearance within the meaning of section 33 of the Immigration Act 1971, a provision of rules under section 3 of that Act relating to maintenance or accommodation.

(5) Information supplied to the Secretary of State under any of subsections (1) to (4) may be supplied by him to another person only—

(a) for a purpose specified in any of those subsections,

(b) for the purpose of legal proceedings, or

(c) with consent (which may be general or specific) of the Commissioners of Inland Revenue, for a purpose for which the Commissioners could supply the information.

(6) A power of the Commissioners of Inland Revenue under this section—

(a) may be exercised on their behalf only by a person authorised (generally or specifically) for the purpose, and

(b) may be exercised despite any statutory or other requirement of confidentiality.

Modifications etc. (not altering text)

C1 S. 130 restricted (7.4.2005 at 5:45pm) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 17, 53(1), Sch. 2 para. 20 (with s. 22); S.I. 2005/1126, art. 2(1)

131 Police, &c. U.K.

Information may be supplied under section 20 of the Immigration and Asylum Act 1999 (c. 33) (supply of information to Secretary of State) for use for the purpose of determining whether an applicant for naturalisation under the British Nationality Act 1981 is of good character.

132 Supply of document, &c. to Secretary of State U.K.

(1) Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) shall be amended as follows.

(2) After subsection (1) insert—

“(1A) This section also applies to a document or article which—

(a) comes into the possession of a person listed in subsection (1) or someone acting on his behalf, or

(b) is discovered by a person listed in subsection (1) or someone acting on his behalf.”

(3) In subsection (2) after “information” insert “ , document or article ”.

(4) After subsection (2) insert—

“(2A) The Secretary of State may—

(a) retain for immigration purposes a document or article supplied to him under subsection (2), and

(b) dispose of a document or article supplied to him under subsection (2) in such manner as he thinks appropriate (and the reference to use in subsection (2) includes a reference to disposal).”

(5) In subsection (6) after “information” insert “ , documents or articles ”.

133 Medical inspectors U.K.

(1) This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) has brought the person to the attention of—

(a) a medical inspector appointed under paragraph 1(2) of that Schedule, or

(b) a person working under the direction of a medical inspector appointed under that paragraph.

(2) A medical inspector may disclose to a health service body—

(a) the name of a person to whom this section applies,

(b) his place of residence in the United Kingdom,

(c) his age,

(d) the language which he speaks,

(e) the nature of any disease with which the inspector thinks the person may be infected,

(f) relevant details of the person’s medical history,

(g) the grounds for an opinion mentioned in paragraph (e) (including the result of any test or examination which has been carried out), and

(h) the inspector’s opinion about action which the health service body should take.

(3) A disclosure may be made under subsection (2) only if the medical inspector thinks it necessary for the purpose of—

(a) preventative medicine,

(b) medical diagnosis,

(c) the provision of care or treatment, or

(d) the management of health care services.

(4) For the purposes of this section “health service body” in relation to a person means a body which carries out functions in an area which includes his place of residence and which is—

(a) in relation to England—

(i) a Primary Care Trust established under section 16A of the National Health Service Act 1977 (c. 49),

(ii) a National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19),

[F1 (iia) an NHS foundation trust,]

(iii) a Strategic Health Authority established under section 8 of the National Health Service Act 1977,[F2 or]

(iv) a Special Health Authority established under section 11 of that Act, F3 . . .

(v) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 or

(vi) the Health Protection Agency.]

(b) in relation to Wales—

(i) a Health Authority or Local Health Board established under section 8 or 16BA of that Act,[F5 or]

(ii) a National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990, F6 . . .

(iii) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 or

(iv) the Health Protection Agency.]

(c) in relation to Scotland—

(i) a Health Board, Special Health Board or National Health Service Trust established under section 2 or 12A of the National Health Service (Scotland) Act 1978 (c. 29), F8 . . .

(ii) the Common Services Agency for the Scottish Health Service established under section 10 of that Act, or

[F9 (iii) the Health Protection Agency, or]

(d) in relation to Northern Ireland—

(i) a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)),

(ii) 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)), F10 . . .

(iii) the Department of Health, Social Services and Public Safety[F11 or

(iv) the Health Protection Agency.]

Textual Amendments

F1 S. 133(4)(a)(iia) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 128; S.I. 2004/759, art. 2

F2 Word in s. 133(4)(a) inserted (1.4.2005) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 199, Sch. 13 para. 12(a); S.I. 2005/457, art. 2

F3 S. 133(4)(a)(v) and preceding word repealed (1.4.2005) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 196, 199, Sch. 13 para. 12(a), Sch. 14 Pt. 7; S.I. 2005/457, art. 2

F4 S. 133(4)(a)(vi) and preceding word inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(2); S.I. 2005/121, art. 2(2)

F5 Word in s. 133(4)(b) inserted (1.4.2005) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 199, Sch. 13 para. 12(b); S.I. 2005/457, art. 2

F6 S. 133(4)(b)(iii) and preceding word repealed (1.4.2005) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 196, 199, Sch. 13 para. 12(b), Sch. 14 Pt. 7; S.I. 2005/457, art. 2

F7 S. 133(4)(b)(iv) and preceding word inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(3); S.I. 2005/121, art. 2(2)

F8 Word in s. 133(4)(c) repealed (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(4)(a), Sch. 4; S.I. 2005/121, art. 2(2)

F9 S. 133(4)(c)(iii) inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(4)(b); S.I. 2005/121, art. 2(2)

F10 Word in s. 133(4)(d) repealed (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(5)(a), Sch. 4; S.I. 2005/121, art. 2(2)

F11 S. 133(4)(d)(iv) and preceding word inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(5)(b); S.I. 2005/121, art. 2(2)