http://www.legislation.gov.uk/ukpga/2007/30/body/2009-04-01UK Borders Act 2007An Act to make provision about immigration and asylum; and for connected purposes.texttext/xmlenStatute Law Database2025-01-21Expert Participation2009-04-01 <Emphasis>Detention at ports</Emphasis>Designated immigration officers11The Secretary of State may designate immigration officers for the purposes of section 2.2The Secretary of State may designate only officers who the Secretary of State thinks are—afit and proper for the purpose, andbsuitably trained.3A designation—amay be permanent or for a specified period, andbmay (in either case) be revoked.Detention21A designated immigration officer at a port in England, Wales or Northern Ireland may detain an individual if the immigration officer thinks that the individual—amay be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 (c. 60) or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), orbis subject to a warrant for arrest.2A designated immigration officer who detains an individual—amust arrange for a constable to attend as soon as is reasonably practicable,bmay search the individual for, and retain, anything that might be used to assist escape or to cause physical injury to the individual or another person,cmust retain anything found on a search which the immigration officer thinks may be evidence of the commission of an offence, anddmust, when the constable arrives, deliver to the constable the individual and anything retained on a search.3An individual may not be detained under this section for longer than three hours.4A designated immigration officer may use reasonable force for the purpose of exercising a power under this section.5Where an individual whom a designated immigration officer has detained or attempted to detain under this section leaves the port, a designated immigration officer may—apursue the individual, andbreturn the individual to the port.6Detention under this section shall be treated as detention under the Immigration Act 1971 (c. 77) for the purposes of Part 8 of the Immigration and Asylum Act 1999 (c. 33) (detained persons).Enforcement31An offence is committed by a person who—aabsconds from detention under section 2,bassaults an immigration officer exercising a power under section 2, orcobstructs an immigration officer in the exercise of a power under section 2.2A person guilty of an offence under subsection (1)(a) or (b) shall be liable on summary conviction to—aimprisonment for a term not exceeding 51 weeks,ba fine not exceeding level 5 on the standard scale, orcboth.3A person guilty of an offence under subsection (1)(c) shall be liable on summary conviction to—aimprisonment for a term not exceeding 51 weeks,ba fine not exceeding level 3 on the standard scale, orcboth.4In the application of this section to Northern Ireland—athe reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, andbthe reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month.5In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences)—athe reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, andbthe reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month.Interpretation: “port”41In section 2 “port” includes an airport and a hoverport.2A place shall be treated for the purposes of that section as a port in relation to an individual if a designated immigration officer believes that the individual—ahas gone there for the purpose of embarking on a ship or aircraft, orbhas arrived there on disembarking from a ship or aircraft.<Emphasis>Biometric registration</Emphasis>Registration regulations51The Secretary of State may make regulations—arequiring a person subject to immigration control to apply for the issue of a document recording biometric information (a “biometric immigration document”);brequiring a biometric immigration document to be used—ifor specified immigration purposes,iiin connection with specified immigration procedures, oriiiin specified circumstances, where a question arises about a person's status in relation to nationality or immigration;crequiring a person who produces a biometric immigration document by virtue of paragraph (b) to provide information for comparison with information provided in connection with the application for the document.2Regulations under subsection (1)(a) may, in particular—aapply generally or only to a specified class of persons subject to immigration control (for example, persons making or seeking to make a specified kind of application for immigration purposes);bspecify the period within which an application for a biometric immigration document must be made;cmake provision about the issue of biometric immigration documents;dmake provision about the content of biometric immigration documents (which may include non-biometric information);emake provision permitting a biometric immigration document to be combined with another document;fmake provision for biometric immigration documents to begin to have effect, and cease to have effect, in accordance with the regulations;grequire a person who acquires a biometric immigration document, without the consent of the person to whom it relates or of the Secretary of State, to surrender it to the Secretary of State as soon as is reasonably practicable;hpermit the Secretary of State to require the surrender of a biometric immigration document in other specified circumstances;ipermit the Secretary of State on issuing a biometric immigration document to require the surrender of other documents connected with immigration or nationality.3Regulations under subsection (1)(a) may permit the Secretary of State to cancel a biometric immigration document—aif the Secretary of State thinks that information provided in connection with the document was or has become false, misleading or incomplete,bif the Secretary of State thinks that the document has been lost or stolen,cif the Secretary of State thinks that the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not),dif the Secretary of State thinks that an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied,eif the Secretary of State thinks that a person has failed to surrender the document in accordance with subsection (2)(g) or (h),fif the Secretary of State thinks that the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason),gif the Secretary of State thinks that the holder is to be given leave to enter or remain in the United Kingdom,hif the Secretary of State thinks that the holder's leave to enter or remain in the United Kingdom is to be varied, cancelled or invalidated or to lapse,iif the Secretary of State thinks that the holder has died,jif the Secretary of State thinks that the holder has been removed from the United Kingdom (whether by deportation or otherwise),kif the Secretary of State thinks that the holder has left the United Kingdom without retaining leave to enter or remain, andlin such other circumstances as the regulations may specify.4Regulations under subsection (1)(a) may require notification to be given to the Secretary of State by the holder of a biometric immigration document—awho knows or suspects that the document has been lost or stolen,bwho knows or suspects that the document has been altered or damaged (whether deliberately or not),cwho knows or suspects that information provided in connection with the document was or has become false, misleading or incomplete,dwho was given leave to enter or remain in the United Kingdom in accordance with a provision of rules under section 3 of the Immigration Act 1971 (c. 77) (immigration rules) and knows or suspects that owing to a change of the holder's circumstances the holder would no longer qualify for leave under that provision, orein such other circumstances as the regulations may specify.5Regulations under subsection (1)(a) may require a person applying for the issue of a biometric immigration document to provide information (which may include biographical or other non-biometric information) to be recorded in it or retained by the Secretary of State; and, in particular, the regulations may—arequire, or permit an authorised person to require, the provision of information in a specified form;brequire an individual to submit, or permit an authorised person to require an individual to submit, to a specified process by means of which biometric information is obtained or recorded;cconfer a function (which may include the exercise of a discretion) on an authorised person;dpermit the Secretary of State, instead of requiring the provision of information, to use or retain information which is (for whatever reason) already in the Secretary of State's possession.6Regulations under subsection (1)(b) may, in particular, require the production or other use of a biometric immigration document that is combined with another document; and section 16 of the Identity Cards Act 2006 (c. 15) (prohibition of requirement to produce ID card) is subject to this subsection.7Regulations under subsection (1)(b) may not make provision the effect of which would be to require a person to carry a biometric immigration document at all times.8Regulations under subsection (1)(c) may, in particular, make provision of a kind specified in subsection (5)(a) or (b).9Rules under section 3 of the Immigration Act 1971 (c. 77) may require a person applying for the issue of a biometric immigration document to provide non-biometric information to be recorded in it or retained by the Secretary of State.10Subsections (5) to (9) are without prejudice to the generality of section 50 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (procedure).Regulations: supplemental61This section applies to regulations under section 5(1).2Regulations amending or replacing earlier regulations may require a person who holds a biometric immigration document issued under the earlier regulations to apply under the new regulations.3In so far as regulations require an individual under the age of 16 to submit to a process for the recording of biometric information, or permit an authorised person to require an individual under the age of 16 to submit to a process of that kind, the regulations must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (c. 33) (fingerprints: children).4Rules under section 3 of the Immigration Act 1971 (immigration rules) may make provision by reference to compliance or non-compliance with regulations.5Information in the Secretary of State's possession which is used or retained in accordance with regulations under section 5(5)(d) shall be treated, for the purpose of requirements about treatment and destruction, as having been provided in accordance with the regulations at the time at which it is used or retained in accordance with them.6Regulations—amay make provision having effect generally or only in specified cases or circumstances,bmay make different provision for different cases or circumstances,cmay include incidental, consequential or transitional provision,dshall be made by statutory instrument, andemay not be made unless a draft has been laid before and approved by resolution of each House of Parliament.Effect of non-compliance71Regulations under section 5(1) must include provision about the effect of failure to comply with a requirement of the regulations.2In particular, the regulations may—arequire or permit an application for a biometric immigration document to be refused;brequire or permit an application or claim in connection with immigration to be disregarded or refused;crequire or permit the cancellation or variation of leave to enter or remain in the United Kingdom;drequire the Secretary of State to consider giving a notice under section 9;eprovide for the consequence of a failure to be at the discretion of the Secretary of State.3The regulations may also permit the Secretary of State to designate an adult as the person responsible for ensuring that a child complies with requirements of the regulations; and for that purpose—a“adult” means an individual who has attained the age of 18,b“child” means an individual who has not attained the age of 18, andcsections 9 to 13 shall apply (with any necessary modifications) to a designated adult's failure to ensure compliance by a child with a requirement of regulations as they apply to a person's own failure to comply with a requirement.Use and retention of information81Regulations under section 5(1) must make provision about the use and retention by the Secretary of State of biometric information provided in accordance with the regulations.2The regulations may include provision permitting the use of information—ain connection with the exercise of a function by virtue of the Immigration Acts,bin connection with control of the United Kingdom's borders,cin connection with the exercise of a function in relation to nationality,din connection with the prevention, investigation or prosecution of an offence,efor a purpose which appears to the Secretary of State to be required in order to protect national security, andffor such other purposes (whether in connection with functions under an enactment or otherwise) as the regulations may specify.3Regulations under section 5(1)—amust include provision about the destruction of biometric information held by the Secretary of State having been obtained or recorded by virtue of the regulations,bmust, in particular, require the destruction of biometric information held by the Secretary of State if the Secretary of State thinks that it is no longer likely to be of use in accordance with provision made by virtue of subsection (1) above, andcmust, in particular, include provision similar to section 143(2) and (10) to (13) of the Immigration and Asylum Act 1999 (c. 33) (fingerprints: destruction of copies and electronic data).4But a requirement to destroy information shall not apply if and in so far as the information is retained in accordance with and for the purposes of another enactment.Penalty91The Secretary of State may by notice require a person to pay a penalty for failing to comply with a requirement of regulations under section 5(1).2The notice must—aspecify the amount of the penalty,bspecify a date before which the penalty must be paid to the Secretary of State,cspecify methods by which the penalty may be paid,dexplain the grounds on which the Secretary of State thinks the person has failed to comply with a requirement of the regulations, andeexplain the effect of sections 10 to 12.3The amount specified under subsection (2)(a) may not exceed £1,000.4The date specified under subsection (2)(b) must be not less than 14 days after the date on which the notice is given.5A person who has been given a notice under subsection (1) for failing to comply with regulations may be given further notices in the case of continued failure; but a person may not be given a new notice—aduring the time available for objection or appeal against an earlier notice, orbwhile an objection or appeal against an earlier notice has been instituted and is neither withdrawn nor determined.6The Secretary of State may by order amend subsection (3) to reflect a change in the value of money.Penalty: objection101A person (P) who is given a penalty notice under section 9(1) may by notice to the Secretary of State object on the grounds—athat P has not failed to comply with a requirement of regulations under section 5(1),bthat it is unreasonable to require P to pay a penalty, orcthat the amount of the penalty is excessive.2A notice of objection must—aspecify the grounds of objection and P's reasons,bcomply with any prescribed requirements as to form and content, andcbe given within the prescribed period.3The Secretary of State shall consider a notice of objection and—acancel the penalty notice,breduce the penalty by varying the penalty notice,cincrease the penalty by issuing a new penalty notice, ordconfirm the penalty notice.4The Secretary of State shall act under subsection (3) and notify P—ain accordance with any prescribed requirements, andbwithin the prescribed period or such longer period as the Secretary of State and P may agree.Penalty: appeal111A person (P) who is given a penalty notice under section 9(1) may appeal to—aa county court, in England and Wales or Northern Ireland, orbthe sheriff, in Scotland.2An appeal may be brought on the grounds—athat P has not failed to comply with a requirement of regulations under section 5(1),bthat it is unreasonable to require P to pay a penalty, orcthat the amount of the penalty is excessive.3The court or sheriff may—acancel the penalty notice,breduce the penalty by varying the penalty notice,cincrease the penalty by varying the penalty notice (whether because the court or sheriff thinks the original amount insufficient or because the court or sheriff thinks that the appeal should not have been brought), ordconfirm the penalty notice.4An appeal may be brought—awhether or not P has given a notice of objection, andbirrespective of the Secretary of State's decision on any notice of objection.5The court or sheriff may consider matters of which the Secretary of State was not and could not have been aware before giving the penalty notice.6Rules of court may make provision about the timing of an appeal under this section.Penalty: enforcement121Where a penalty has not been paid before the date specified in the penalty notice in accordance with section 9(2)(b), it may be recovered as a debt due to the Secretary of State.2Where a notice of objection is given in respect of a penalty notice, the Secretary of State may not take steps to enforce the penalty notice before—adeciding what to do in response to the notice of objection, andbinforming the objector.3The Secretary of State may not take steps to enforce a penalty notice while an appeal under section 11—acould be brought (disregarding any possibility of an appeal out of time with permission), orbhas been brought and has not been determined or abandoned.4In proceedings for the recovery of a penalty no question may be raised as to the matters specified in sections 10 and 11 as grounds for objection or appeal.5Money received by the Secretary of State in respect of a penalty shall be paid into the Consolidated Fund.Penalty: code of practice131The Secretary of State shall issue a code of practice setting out the matters to be considered in determining—awhether to give a penalty notice under section 9(1), andbthe amount of a penalty.2The code may, in particular, require the Secretary of State to consider any decision taken by virtue of section 7.3A court or the sheriff shall, when considering an appeal under section 11, have regard to the code.4The Secretary of State may revise and re-issue the code.5Before issuing or re-issuing the code the Secretary of State must—apublish proposals,bconsult members of the public, andclay a draft before Parliament.6The code (or re-issued code) shall come into force at the prescribed time.Penalty: prescribed matters141In sections 10 to 13 “prescribed” means prescribed by the Secretary of State by order.2An order under subsection (1) or under section 9(6)—amay make provision generally or only for specified purposes,bmay make different provision for different purposes,cshall be made by statutory instrument, anddshall be subject to annulment in pursuance of a resolution of either House of Parliament.3But the first order under section 13(6) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and shall not be subject to annulment).Interpretation151For the purposes of section 5—a“person subject to immigration control” means a person who under the Immigration Act 1971 (c. 77) requires leave to enter or remain in the United Kingdom (whether or not such leave has been given),b“biometric information” means information about external physical characteristics,c“external physical characteristics” includes, in particular—ifingerprints, andiifeatures of the iris or any other part of the eye,d“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),e“authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (c. 33) (authority to take fingerprints),f“immigration” includes asylum, andgregulations permitting something to be done by the Secretary of State may (but need not) permit it to be done only where the Secretary of State is of a specified opinion.2An application for a biometric immigration document is an application in connection with immigration for the purposes of—asection 50(1) and (2) of the Immigration, Asylum and Nationality Act 2006 (c. 13) (procedure), andbsection 51 of that Act (fees);and in the application of either of those sections to an application for a biometric immigration document, the prescribed consequences of non-compliance may include any of the consequences specified in section 7(2) above.<Emphasis>Treatment of claimants</Emphasis>Conditional leave to enter or remain16After section 3(1)(c)(iii) of the Immigration Act 1971 (limited leave to enter or remain: conditions) insert—iva condition requiring him to report to an immigration officer or the Secretary of State; andva condition about residence.Support for failed asylum-seekers171This section applies for the purposes of—aPart 6 (and section 4) of the Immigration and Asylum Act 1999 (support and accommodation for asylum-seekers),bPart 2 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (accommodation centres), andcSchedule 3 to that Act (withholding and withdrawal of support).2A person (A-S) remains (or again becomes) an asylum-seeker, despite the fact that the claim for asylum made by A-S has been determined, during any period when—aA-S can bring an in-country appeal against an immigration decision under section 82 of the 2002 Act or section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68), orban in-country appeal, brought by A-S under either of those sections against an immigration decision, is pending (within the meaning of section 104 of the 2002 Act).3For the purposes of subsection (2)—a“in-country” appeal means an appeal brought while the appellant is in the United Kingdom, andbthe possibility of an appeal out of time with permission shall be ignored.4For the purposes of the provisions mentioned in subsection (1)(a) and (b), a person's status as an asylum-seeker by virtue of subsection (2)(b) continues for a prescribed period after the appeal ceases to be pending.5In subsection (4) “prescribed” means prescribed by regulations made by the Secretary of State; and the regulations—amay contain incidental or transitional provision,bmay make different provision for different classes of case,cshall be made by statutory instrument, anddshall be subject to annulment in pursuance of a resolution of either House of Parliament.6This section shall be treated as always having had effect.Support for asylum-seekers: enforcement18In Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers) after section 109 (offences: supplemental) insert—Arrest109AAn immigration officer may arrest without warrant a person whom the immigration officer reasonably suspects has committed an offence under section 105 or 106.>Entry, search and seizure109B1An offence under section 105 or 106 shall be treated as—aa relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971, andban offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act.2The following provisions of the Immigration Act 1971 (c. 77) shall have effect in connection with an offence under section 105 or 106 of this Act as they have effect in connection with an offence under that Act—asection 28I (seized material: access and copying),bsection 28J (search warrants: safeguards),csection 28K (execution of warrants), anddsection 28L(1) (interpretation).Points-based applications: no new evidence on appeal191For section 85(5) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal: new evidence may be considered: exception) substitute—5But subsection (4) is subject to the exceptions in section 85A.2After section 85 of that Act insert—Matters to be considered: new evidence: exceptions85A1This section sets out the exceptions mentioned in section 85(5).2Exception 1 is that in relation to an appeal under section 82(1) against an immigration decision of a kind specified in section 82(2)(b) or (c) the Tribunal may consider only the circumstances appertaining at the time of the decision.3Exception 2 applies to an appeal under section 82(1) if—athe appeal is against an immigration decision of a kind specified in section 82(2)(a) or (d),bthe immigration decision concerned an application of a kind identified in immigration rules as requiring to be considered under a “Points Based System”, andcthe appeal relies wholly or partly on grounds specified in section 84(1)(a), (e) or (f).4Where Exception 2 applies the Tribunal may consider evidence adduced by the appellant only if it—awas submitted in support of, and at the time of making, the application to which the immigration decision related,brelates to the appeal in so far as it relies on grounds other than those specified in subsection (3)(c),cis adduced to prove that a document is genuine or valid, ordis adduced in connection with the Secretary of State's reliance on a discretion under immigration rules, or compliance with a requirement of immigration rules, to refuse an application on grounds not related to the acquisition of “points” under the “Points Based System”.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Fees201Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (fees: power to set amount in excess of costs) is amended as follows.2In subsection (2) after paragraph (d) insert—daan application or process in connection with sponsorship of persons seeking leave to enter or remain in the United Kingdom,.3After that subsection insert—2ARegulations under section 51(3) of the Immigration, Asylum and Nationality Act 2006, specifying the amount of a fee for a claim, application, service, process or other matter in respect of which an order has been made under section 51(1) or (2), may specify an amount which reflects (in addition to any costs referable to the claim, application, service, process or other matter) costs referable to—aany other claim, application, service, process or matter in respect of which the Secretary of State has made an order under section 51(1) or (2),bthe determination of applications for entry clearances (within the meaning given by section 33(1) of the Immigration Act 1971),cthe determination of applications for transit visas under section 41 of the Immigration and Asylum Act 1999, ordthe determination of applications for certificates of entitlement to the right of abode in the United Kingdom under section 10 of the Nationality, Immigration and Asylum Act 2002.4After subsection (3) insert—3AThe amount of a fee under section 1 of the Consular Fees Act 1980 in respect of a matter specified in subsection (2A)(b) to (d) above may be set so as to reflect costs referable to any claim, application, service, process or other matter in respect of which the Secretary of State has made an order under section 51(1) or (2) of the Immigration, Asylum and Nationality Act 2006.Children211The Secretary of State shall issue a code of practice designed to ensure that in exercising functions in the United Kingdom the Border and Immigration Agency takes appropriate steps to ensure that while children are in the United Kingdom they are safe from harm.2The Agency shall—ahave regard to the code in the exercise of its functions, andbtake appropriate steps to ensure that persons with whom it makes arrangements for the provision of services have regard to the code.3The code shall come into force in accordance with provision made by order of the Secretary of State; and an order—ashall be made by statutory instrument, andbshall be subject to annulment in pursuance of a resolution of either House of Parliament.4The Secretary of State shall from time to time review and, if necessary, revise the code; and subsection (3) applies to a revision as to the original code.5In this section—a“the Border and Immigration Agency” means—iimmigration officers, andiiother officials of the Secretary of State, and the Secretary of State, in respect of functions relating to immigration, asylum or nationality, andb“child” means an individual who is less than 18 years old.<Emphasis>Enforcement</Emphasis>Assaulting an immigration officer: offence221A person who assaults an immigration officer commits an offence.2A person guilty of an offence under this section shall be liable on summary conviction to—aimprisonment for a period not exceeding 51 weeks,ba fine not exceeding level 5 on the standard scale, orcboth.3In the application of this section to Northern Ireland the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to 6 months.4In the application of this section to Scotland the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to 12 months.5In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to 6 months.Assaulting an immigration officer: powers of arrest, &c.231An immigration officer may arrest a person without warrant if the officer reasonably suspects that the person has committed or is about to commit an offence under section 22.2An offence under section 22 shall be treated as—aa relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (c. 77) (search, entry and arrest), andban offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act.3The following provisions of the Immigration Act 1971 shall have effect in connection with an offence under section 22 of this Act as they have effect in connection with an offence under that Act—asection 28I (seized material: access and copying),bsection 28J (search warrants: safeguards),csection 28K (execution of warrants), anddsection 28L(1) (interpretation).Seizure of cash241Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash) shall apply in relation to an immigration officer as it applies in relation to a constable.2For that purpose—a“unlawful conduct”, in or in relation to section 289, means an offence under the Immigration Acts,b“unlawful conduct”, in or in relation to other provisions, means an offence—iunder the Immigration Acts, oriilisted in section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19),c“senior officer” in section 290 means an official of the Secretary of State who is a civil servant of the rank of at least Assistant Director,din section 292 the words “(in relation to England and Wales and Northern Ireland)” shall be disregarded,esection 293 shall not apply,fan application for an order under section 295(2) must be made—iin relation to England and Wales or Northern Ireland, by an immigration officer, andiiin relation to Scotland, by the Scottish Ministers in connection with their functions under section 298 or by a procurator fiscal,gan application for forfeiture under section 298 must be made—iin relation to England and Wales or Northern Ireland, by an immigration officer, andiiin relation to Scotland, by the Scottish Ministers, andhany compensation under section 302 shall be paid by the Secretary of State.3The Secretary of State may by order amend subsection (2)(c) to reflect a change in nomenclature; and an order—ashall be made by statutory instrument, andbshall be subject to annulment in pursuance of a resolution of either House of Parliament.Forfeiture of detained property251A court making a forfeiture order about property may order that the property be taken into the possession of the Secretary of State (and not of the police).2An order may be made under subsection (1) only if the court thinks that the offence in connection with which the order is made—arelated to immigration or asylum, orbwas committed for a purpose connected with immigration or asylum.3In subsection (1) “forfeiture order” means an order under—asection 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), orbArticle 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)).Disposal of property261In this section “property” means property which—ahas come into the possession of an immigration officer, orbhas come into the possession of the Secretary of State in the course of, or in connection with, a function under the Immigration Acts.2A magistrates' court may, on the application of the Secretary of State or a claimant of property—aorder the delivery of property to the person appearing to the court to be its owner, orbif its owner cannot be ascertained, make any other order about property.3An order shall not affect the right of any person to take legal proceedings for the recovery of the property, provided that the proceedings are instituted within the period of six months beginning with the date of the order.4An order may be made in respect of property forfeited under section 25, or under section 25C of the Immigration Act 1971 (c. 77) (vehicles, &c.), only if—athe application under subsection (2) above is made within the period of six months beginning with the date of the forfeiture order, andbthe applicant (if not the Secretary of State) satisfies the court—ithat the applicant did not consent to the offender's possession of the property, oriithat the applicant did not know and had no reason to suspect that the property was likely to be used, or was intended to be used, in connection with an offence.5The Secretary of State may make regulations for the disposal of property—awhere the owner has not been ascertained,bwhere an order under subsection (2) cannot be made because of subsection (4)(a), orcwhere a court has declined to make an order under subsection (2) on the grounds that the court is not satisfied of the matters specified in subsection (4)(b).6The regulations may make provision that is the same as or similar to provision that may be made by regulations under section 2 of the Police (Property) Act 1897 (c. 30) (or any similar enactment applying in relation to Scotland or Northern Ireland); and the regulations—amay apply, with or without modifications, regulations under that Act,bmay, in particular, provide for property to vest in the Secretary of State,cmay make provision about the timing of disposal (which, in particular, may differ from provision made by or under the Police (Property) Act 1897),dshall have effect only in so far as not inconsistent with an order of a court (whether or not under subsection (2) above),eshall be made by statutory instrument, andfshall be subject to annulment in pursuance of a resolution of either House of Parliament.7For the purposes of subsection (1) it is immaterial whether property is acquired as a result of forfeiture or seizure or in any other way.8In the application of this section to Scotland a reference to a magistrates' court is a reference to the sheriff.Employment: arrest27In section 28AA of the Immigration Act 1971 (c. 77) (arrest with warrant) for subsection (1)(b) substitute—bsection 21(1) of the Immigration, Asylum and Nationality Act 2006.Employment: search for personnel records28In section 28FA(7) of the Immigration Act 1971 (enforcement: search for personnel records) for “an offence under section 8 of the Asylum and Immigration Act 1996 (c. 49)” substitute “ an offence under section 21 of the Immigration, Asylum and Nationality Act 2006 ”.Facilitation: arrival and entry29In section 25A(1)(a) of the Immigration Act 1971 (helping asylum seeker to enter UK: offence) after “the arrival in” insert “ , or the entry into, ”.Facilitation: territorial application301For section 25(4) and (5) of the Immigration Act 1971 (assisting unlawful immigration: territorial application) substitute—4Subsection (1) applies to things done whether inside or outside the United Kingdom.2In sections 25A(4) and 25B(4) (facilitation: asylum-seekers and deportees) for “Subsections (4) to (6)” substitute “ Subsections (4) and (6) ”.People trafficking311In section 4(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking) after “the arrival in” insert “ , or the entry into, ”.2For section 5(1) and (2) of that Act (trafficking: extent) substitute—1Subsections (1) to (3) of section 4 apply to anything done whether inside or outside the United Kingdom.3In section 57(1) of the Sexual Offences Act 2003 (c. 42) (trafficking) after “the arrival in” insert “ , or the entry into, ”.4For sections 60(2) and (3) of that Act (trafficking: extent) substitute—2Sections 57 to 59 apply to anything done whether inside or outside the United Kingdom.<Emphasis>Deportation of criminals</Emphasis>Automatic deportation321In this section “foreign criminal” means a person—awho is not a British citizen,bwho is convicted in the United Kingdom of an offence, andcto whom Condition 1 or 2 applies.2Condition 1 is that the person is sentenced to a period of imprisonment of at least 12 months.3Condition 2 is that—athe offence is specified by order of the Secretary of State under section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (serious criminal), andbthe person is sentenced to a period of imprisonment.4For the purpose of section 3(5)(a) of the Immigration Act 1971 (c. 77), the deportation of a foreign criminal is conducive to the public good.5The Secretary of State must make a deportation order in respect of a foreign criminal (subject to section 33).6The Secretary of State may not revoke a deportation order made in accordance with subsection (5) unless—ahe thinks that an exception under section 33 applies,bthe application for revocation is made while the foreign criminal is outside the United Kingdom, orcsection 34(4) applies.7Subsection (5) does not create a private right of action in respect of consequences of non-compliance by the Secretary of State.Exceptions331Section 32(4) and (5)—ado not apply where an exception in this section applies (subject to subsection (7) below), andbare subject to sections 7 and 8 of the Immigration Act 1971 (Commonwealth citizens, Irish citizens, crew and other exemptions).2Exception 1 is where removal of the foreign criminal in pursuance of the deportation order would breach—aa person's Convention rights, orbthe United Kingdom's obligations under the Refugee Convention.3Exception 2 is where the Secretary of State thinks that the foreign criminal was under the age of 18 on the date of conviction.4Exception 3 is where the removal of the foreign criminal from the United Kingdom in pursuance of a deportation order would breach rights of the foreign criminal under the Community treaties.5Exception 4 is where the foreign criminal—ais the subject of a certificate under section 2 or 70 of the Extradition Act 2003 (c. 41),bis in custody pursuant to arrest under section 5 of that Act,cis the subject of a provisional warrant under section 73 of that Act,dis the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, oreis the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act.6Exception 5 is where any of the following has effect in respect of the foreign criminal—aa hospital order or guardianship order under section 37 of the Mental Health Act 1983 (c. 20),ba hospital direction under section 45A of that Act,ca transfer direction under section 47 of that Act,da compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 (c. 46),ea guardianship order under section 58 of that Act,fa hospital direction under section 59A of that Act,ga transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), orhan order or direction under a provision which corresponds to a provision specified in paragraphs (a) to (g) and which has effect in relation to Northern Ireland.6AException 6 is where the Secretary of State thinks that the application of section 32(4) and (5) would contravene the United Kingdom's obligations under the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005).7The application of an exception—adoes not prevent the making of a deportation order;bresults in it being assumed neither that deportation of the person concerned is conducive to the public good nor that it is not conducive to the public good;but section 32(4) applies despite the application of Exception 1 or 4.Timing341Section 32(5) requires a deportation order to be made at a time chosen by the Secretary of State.2A deportation order may not be made under section 32(5) while an appeal or further appeal against the conviction or sentence by reference to which the order is to be made—ahas been instituted and neither withdrawn nor determined, orbcould be brought.3For the purpose of subsection (2)(b)—athe possibility of an appeal out of time with permission shall be disregarded, andba person who has informed the Secretary of State in writing that the person does not intend to appeal shall be treated as being no longer able to appeal.4The Secretary of State may withdraw a decision that section 32(5) applies, or revoke a deportation order made in accordance with section 32(5), for the purpose of—ataking action under the Immigration Acts or rules made under section 3 of the Immigration Act 1971 (c. 77) (immigration rules), andbsubsequently taking a new decision that section 32(5) applies and making a deportation order in accordance with section 32(5).Appeal351The Nationality, Immigration and Asylum Act 2002 (c. 41) is amended as follows.2At the end of section 79 (no deportation order pending appeal) add—3This section does not apply to a deportation order which states that it is made in accordance with section 32(5) of the UK Borders Act 2007.4But a deportation order made in reliance on subsection (3) does not invalidate leave to enter or remain, in accordance with section 5(1) of the Immigration Act 1971, if and for so long as section 78 above applies.3Before section 82(4) (general right of appeal) insert—3ASubsection (2)(j) does not apply to a decision to make a deportation order which states that it is made in accordance with section 32(5) of the UK Borders Act 2007; but—aa decision that section 32(5) applies is an immigration decision for the purposes of this Part, andba reference in this Part to an appeal against an automatic deportation order is a reference to an appeal against a decision of the Secretary of State that section 32(5) applies.Detention361A person who has served a period of imprisonment may be detained under the authority of the Secretary of State—awhile the Secretary of State considers whether section 32(5) applies, andbwhere the Secretary of State thinks that section 32(5) applies, pending the making of the deportation order.2Where a deportation order is made in accordance with section 32(5) the Secretary of State shall exercise the power of detention under paragraph 2(3) of Schedule 3 to the Immigration Act 1971 (c. 77) (detention pending removal) unless in the circumstances the Secretary of State thinks it inappropriate.3A court determining an appeal against conviction or sentence may direct release from detention under subsection (1) or (2).4Provisions of the Immigration Act 1971 which apply to detention under paragraph 2(3) of Schedule 3 to that Act shall apply to detention under subsection (1) (including provisions about bail).5Paragraph 2(5) of Schedule 3 to that Act (residence, occupation and reporting restrictions) applies to a person who is liable to be detained under subsection (1).Family371Where a deportation order against a foreign criminal states that it is made in accordance with section 32(5) (“the automatic deportation order”) this section shall have effect in place of the words from “A deportation order” to “after the making of the deportation order against him” in section 5(3) of the Immigration Act 1971 (period during which family members may also be deported).2A deportation order may not be made against a person as belonging to the family of the foreign criminal after the end of the relevant period of 8 weeks.3In the case of a foreign criminal who has not appealed in respect of the automatic deportation order, the relevant period begins when an appeal can no longer be brought (ignoring any possibility of an appeal out of time with permission).4In the case of a foreign criminal who has appealed in respect of the automatic deportation order, the relevant period begins when the appeal is no longer pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 (c. 41)).Interpretation381In section 32(2) the reference to a person who is sentenced to a period of imprisonment of at least 12 months—adoes not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect),bdoes not include a reference to a person who is sentenced to a period of imprisonment of at least 12 months only by virtue of being sentenced to consecutive sentences amounting in aggregate to more than 12 months,cincludes a reference to 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 at least 12 months, anddincludes a reference to 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 12 months).2In section 32(3)(b) the reference to a person who is sentenced to a period of imprisonment—adoes not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it is to take effect), andbincludes a reference to 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).3For the purposes of section 32 a person subject to an order under section 5 of the Criminal Procedure (Insanity) Act 1964 (c. 84) (insanity, &c.) has not been convicted of an offence.4In sections 32 and 33—a“British citizen” has the same meaning as in section 3(5) of the Immigration Act 1971 (c. 77) (and section 3(8) (burden of proof) shall apply),b“Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),c“deportation order” means an order under section 5, and by virtue of section 3(5), of the Immigration Act 1971, andd“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.Consequential amendments391This section amends section 72(11)(b) of the Nationality, Immigration and Asylum Act 2002 (removal: serious criminal: interpretation).2In sub-paragraph (i) for “(unless at least two years of the sentence are not suspended)” substitute “ (unless a court subsequently orders that the sentence or any part of it is to take effect) ”.3After sub-paragraph (i) insert—iadoes not include a reference to a person who is sentenced to a period of imprisonment of at least two years only by virtue of being sentenced to consecutive sentences which amount in aggregate to more than two years,.<Emphasis>Information</Emphasis>Supply of Revenue and Customs information401Her Majesty's Revenue and Customs (HMRC) and the Revenue and Customs Prosecutions Office (the RCPO) may each supply the Secretary of State with information for use for the purpose of—aadministering immigration control under the Immigration Acts;bpreventing, detecting, investigating or prosecuting offences under those Acts;cdetermining whether to impose, or imposing, penalties or charges under Part 2 of the Immigration and Asylum Act 1999 (c. 33) (carriers' liability);ddetermining whether to impose, or imposing, penalties under section 15 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (restrictions on employment);eproviding facilities, or arranging for the provision of facilities, for the accommodation of persons under section 4 of the Immigration and Asylum Act 1999;fproviding support for asylum-seekers and their dependants under Part 6 of that Act;gdetermining whether an applicant for naturalisation under the British Nationality Act 1981 (c. 61) is of good character;hdetermining whether an applicant within subsection (1) of section 58 of the Immigration, Asylum and Nationality Act 2006 (acquisition of British nationality, &c. by adult or young person) for registration under a provision listed in subsection (2) of that section is of good character;idetermining whether to make an order in respect of a person under section 40 of the British Nationality Act 1981 (deprivation of citizenship);jdoing anything else in connection with the exercise of immigration and nationality functions.2This section applies to a document or article which comes into the possession of, or is discovered by, HMRC or the RCPO, or a person acting on behalf of HMRC or the RCPO, as it applies to information.3The Secretary of State—amay retain for a purpose within subsection (1) a document or article supplied by virtue of subsection (2);bmay dispose of a document or article supplied by virtue of subsection (2).4In subsection (1) “immigration and nationality functions” means functions exercisable by virtue of—athe Immigration Acts,bthe British Nationality Act 1981 (c. 61),cthe Hong Kong Act 1985 (c. 15),dthe Hong Kong (War Wives and Widows) Act 1996 (c. 41), orethe British Nationality (Hong Kong) Act 1997 (c. 20).5A power conferred by this section on HMRC or the RCPO may be exercised on behalf of HMRC or the RCPO by a person who is authorised (generally or specifically) for the purpose.6The following provisions (which relate to the supply of information to the Secretary of State) shall cease to have effect—asection 20(1)(d) of the Immigration and Asylum Act 1999 (c. 33),bsection 130 of the Nationality, Immigration and Asylum Act 2002 (c. 41), andcparagraphs 17 and 20 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11).Confidentiality411A person to whom relevant information is supplied (whether before or after the commencement of this section) may not disclose that information.2Information is relevant information if it is supplied by or on behalf of HMRC or the RCPO under—asection 20 of the Immigration and Asylum Act 1999,bsection 130 of the Nationality, Immigration and Asylum Act 2002,csection 36 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (except in so far as that section relates to information supplied to a chief officer of police), ordsection 40 of this Act.3But subsection (1) does not apply to a disclosure—awhich is made for a purpose within section 40(1),bwhich is made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to an immigration or nationality matter,cwhich is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom) relating to an immigration or nationality matter,dwhich is made in pursuance of an order of a court,ewhich is made with the consent (which may be general or specific) of HMRC or the RCPO, depending on by whom or on whose behalf the information was supplied, orfwhich is made with the consent of each person to whom the information relates.4Subsection (1) is subject to any other enactment permitting disclosure.5The reference in subsection (1) to a person to whom relevant information is supplied includes a reference to a person who is or was acting on behalf of that person.6The reference in subsection (2) to information supplied under section 40 of this Act includes a reference to documents or articles supplied by virtue of subsection (2) of that section.7In subsection (3) “immigration or nationality matter” means a matter in respect of which the Secretary of State has immigration and nationality functions (within the meaning given in section 40(4)).8In subsection (4) “enactment” does not include—aan Act of the Scottish Parliament,ban Act of the Northern Ireland Assembly, orcan instrument made under an Act within paragraph (a) or (b).Wrongful disclosure421An offence is committed by a person who contravenes section 41 by disclosing information relating to a person whose identity—ais specified in the disclosure, orbcan be deduced from it.2Subsection (1) does not apply to the disclosure of information about internal administrative arrangements of HMRC or the RCPO (whether relating to Commissioners, officers, members of the RCPO or others).3It is a defence for a person (P) charged with an offence under this section of disclosing information to prove that P reasonably believed—athat the disclosure was lawful, orbthat the information had already and lawfully been made available to the public.4A person guilty of an offence under this section shall be liable—aon conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, orbon summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.5The reference in subsection (4)(b) to 12 months shall be treated as a reference to six months—ain the application of this section to Northern Ireland;bin the application of this section to England and Wales, in relation to an offence under this section committed before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (imprisonment on summary conviction for certain offences in England and Wales);cin the application of this section to Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (corresponding provision in Scotland).6A prosecution for an offence under this section may be instituted—ain England and Wales, only with the consent of the Director of Public Prosecutions;bin Northern Ireland, only with the consent of the Director of Public Prosecutions for Northern Ireland.Supply of police information, etc.43In section 131 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (police, etc.), for the words from “determining” to the end substitute— adetermining whether an applicant for naturalisation under the British Nationality Act 1981 is of good character;bdetermining whether an applicant within subsection (1) of section 58 of the Immigration, Asylum and Nationality Act 2006 for registration under a provision listed in subsection (2) of that section is of good character;cdetermining whether to make an order in respect of a person under section 40 of the British Nationality Act 1981.Search for evidence of nationality441This section applies where an individual has been arrested on suspicion of the commission of an offence and an immigration officer or a constable suspects—athat the individual may not be a British citizen, andbthat nationality documents relating to the individual may be found on—ipremises occupied or controlled by the individual,iipremises on which the individual was arrested, oriiipremises on which the individual was, immediately before being arrested.2The immigration officer or constable may enter and search the premises for the purpose of finding those documents.3The power of search may be exercised only with the written authority of a senior officer; and for that purpose—a“senior officer” means—iin relation to an immigration officer, an immigration officer of at least the rank of chief immigration officer, andiiin relation to a constable, a constable of at least the rank of inspector, andba senior officer who gives authority must arrange for a written record to be made of—ithe grounds for the suspicions in reliance on which the power of search is to be exercised, andiithe nature of the documents sought.4The power of search may not be exercised where the individual has been released without being charged with an offence.5In relation to an individual “nationality document” means a document showing—athe individual's identity, nationality or citizenship,bthe place from which the individual travelled to the United Kingdom, orca place to which the individual is proposing to go from the United Kingdom.Search for evidence of nationality: other premises451This section applies where an individual—ahas been arrested on suspicion of the commission of an offence, andbhas not been released without being charged with an offence.2If, on an application made by an immigration officer or a constable, a justice of the peace is satisfied that there are reasonable grounds for believing that—athe individual may not be a British citizen,bnationality documents relating to the individual may be found on premises specified in the application,cthe documents would not be exempt from seizure under section 46(2), anddany of the conditions in subsection (3) below applies,the justice of the peace may issue a warrant authorising an immigration officer or constable to enter and search the premises.3The conditions are that—ait is not practicable to communicate with any person entitled to grant entry to the premises;bit is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the nationality documents;centry to the premises will not be granted unless a warrant is produced;dthe purpose of a search may be frustrated or seriously prejudiced unless an immigration officer or constable arriving at the premises can secure immediate entry.4Sections 28J and 28K of the Immigration Act 1971 (c. 77) (warrants: application and execution) apply, with any necessary modifications, to warrants under this section.5In 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.Seizure of nationality documents461An immigration officer or constable searching premises under section 44 or 45 may seize a document which the officer or constable thinks is a nationality document in relation to the arrested individual.2Subsection (1) does not apply to a document which—ain relation to England and Wales or Northern Ireland, is subject to legal professional privilege, orbin relation to Scotland, is an item subject to legal privilege within the meaning of section 412 of the Proceeds of Crime Act 2002 (c. 29).3An immigration officer or constable may retain a document seized under subsection (1) while the officer or constable suspects that—athe individual to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, andbretention of the document may facilitate the individual's removal.4Section 28I of the Immigration Act 1971 (c. 77) (seized material: access and copying) shall have effect in relation to a document seized and retained by an immigration officer.5Section 21 of the Police and Criminal Evidence Act 1984 (c. 60) or Article 23 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (seized material: access and copying) shall have effect in relation to a document seized and retained by a constable in England and Wales or Northern Ireland.Police civilians47In Part 2 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by police civilians: investigating officers) after paragraph 18 (entry and search after arrest) insert— Entry and search for evidence of nationality after arrest18AWhere a designation applies this paragraph to any person—asections 44 to 46 of the UK Borders Act 2007 (entry, search and seizure after arrest) shall apply to that person (with any necessary modifications) as if a reference to a constable included a reference to that person, andba provision of the 1984 Act which applies to constables in connection with any of those sections shall apply (with any necessary modifications) to that person.<Emphasis>Border and Immigration Inspectorate</Emphasis>Establishment481The Secretary of State shall appoint a person as Chief Inspector of the Border and Immigration Agency.2The Chief Inspector shall monitor and report on the efficiency and effectiveness of the Border and Immigration Agency; in particular, the Chief Inspector shall consider and make recommendations about—aconsistency of approach within the Border and Immigration Agency,bthe practice and performance of the Border and Immigration Agency compared to other persons doing similar things,cpractice and procedure in making decisions,dthe treatment of claimants and applicants,ecertification under section 94 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (unfounded claim),fcompliance with law about discrimination in the exercise of functions, including reliance on section 19D of the Race Relations Act 1976 (c. 74) (exception for immigration functions),gpractice and procedure in relation to the exercise of enforcement powers (including powers of arrest, entry, search and seizure),hthe provision of information,ithe handling of complaints, andjthe content of information about conditions in countries outside the United Kingdom which the Secretary of State compiles and makes available, for purposes connected with immigration and asylum, to immigration officers and other officials.3In this section “the Border and Immigration Agency” means—aimmigration officers, andbother officials of the Secretary of State, and the Secretary of State, in respect of functions relating to immigration, asylum or nationality.4The Chief Inspector shall not aim to investigate individual cases (although this subsection does not prevent the Chief Inspector from considering or drawing conclusions about an individual case for the purpose of, or in the context of, considering a general issue).Chief Inspector: supplemental491The Secretary of State shall pay remuneration and allowances to the Chief Inspector.2The Secretary of State—ashall before the beginning of each financial year specify a maximum sum which the Chief Inspector may spend on functions for that year,bmay permit that to be exceeded for a specified purpose, andcshall defray the Chief Inspector's expenditure for each financial year subject to paragraphs (a) and (b).3The Chief Inspector shall hold and vacate office in accordance with terms of appointment (which may include provision about retirement, resignation or dismissal).4The Chief Inspector may appoint staff.5A person who is employed by or in any of the following may not be appointed as Chief Inspector—aa government department,bthe Scottish Administration,cthe National Assembly for Wales, andda department in Northern Ireland.Reports501The Chief Inspector shall report in writing to the Secretary of State—aonce each calendar year, in relation to the performance of the functions under section 48 generally, andbat other times as requested by the Secretary of State in relation to specified matters.2The Secretary of State shall lay before Parliament a copy of any report received under subsection (1).3But a copy may omit material if the Secretary of State thinks that its publication—ais undesirable for reasons of national security, orbmight jeopardise an individual's safety.Plans511The Chief Inspector shall prepare plans describing the objectives and terms of reference of proposed inspections.2Plans shall be prepared—aat prescribed times and in respect of prescribed periods, andbat such other times, and in respect of such other periods, as the Chief Inspector thinks appropriate.3A plan must—abe in the prescribed form, andbcontain the prescribed information.4In preparing a plan the Chief Inspector shall consult—athe Secretary of State, andbprescribed persons.5As soon as is reasonably practicable after preparing a plan the Chief Inspector shall send a copy to—athe Secretary of State, andbeach prescribed person.6The Chief Inspector and a prescribed person may by agreement disapply a requirement—ato consult the person, orbto send a copy of a plan to the person.7Nothing in this section prevents the Chief Inspector from doing anything not mentioned in a plan.Relationship with other bodies: general521The Chief Inspector shall cooperate with prescribed persons in so far as the Chief Inspector thinks it consistent with the efficient and effective performance of the functions under section 48.2The Chief Inspector may act jointly with prescribed persons where the Chief Inspector thinks it in the interests of the efficient and effective performance of the functions under section 48.3The Chief Inspector may assist a prescribed person.4The Chief Inspector may delegate a specified aspect of the functions under section 48 to a prescribed person.Relationship with other bodies: non-interference notices531Subsection (2) applies if the Chief Inspector believes that—aa prescribed person proposes to inspect any aspect of the work of the Border and Immigration Agency, andbthe inspection may impose an unreasonable burden on the Agency.2The Chief Inspector may give the prescribed person a notice prohibiting a specified inspection.3The prescribed person shall comply with the notice, unless the Secretary of State cancels it on the grounds that the inspection would not impose an unreasonable burden on the Agency.4A notice must—abe in the prescribed form, andbcontain the prescribed information.5The Secretary of State may by order make provision about—athe timing of notices;bthe publication of notices;cthe revision or withdrawal of notices.Abolition of other bodies54The following shall cease to have effect—asection 19E of the Race Relations Act 1976 (c. 74) (monitor of immigration exception),bsection 34 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (Monitor of Accommodation Centres),csection 111 of that Act (monitor of certification of claims as unfounded), anddsection 142 of that Act (Advisory Panel on Country Information).Prescribed matters551In sections 48 to 53 “prescribed” means prescribed by order of the Secretary of State.2An order under any of those sections—amay make provision generally or only for specified purposes,bmay make different provision for different purposes, andcmay include incidental or transitional provision.3An order under any of those sections prescribing a person may specify—aone or more persons, orba class of person.4An order under any of those sections—ashall be made by statutory instrument, andbshall be subject to annulment in pursuance of a resolution of either House of Parliament.Senior President of Tribunals561At the end of section 43(3) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (report by Senior President of Tribunals) add—, and ecases coming before the Asylum and Immigration Tribunal.2In exercising the function under section 43 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) the Senior President of Tribunals shall have regard to—athe functions of the Chief Inspector of the Border and Immigration Agency, andbin particular, the Secretary of State's power to request the Chief Inspector to report about specified matters.<Emphasis>General</Emphasis>Money57The following shall be paid out of money provided by Parliament—aany expenditure of a Minister of the Crown in consequence of this Act, andbany increase attributable to this Act in sums payable out of money provided by Parliament under another enactment.Repeals58The enactments listed in the Schedule are repealed to the extent specified.Commencement591Section 17 comes into force on the day on which this Act is passed.2The other preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.3An order—amay make provision generally or only for specified purposes,bmay make different provision for different purposes, andcmay include incidental, consequential or transitional provision.4In particular, transitional provision—ain the case of an order commencing section 16, may permit the adding of a condition to leave given before the passing of this Act;bin the case of an order commencing section 25, may permit an order to be made in proceedings instituted before the passing of this Act;cin the case of an order commencing section 26, may permit an order or regulations to have effect in relation to property which came into the possession of an immigration officer or the Secretary of State before the passing of this Act;din the case of an order commencing section 32—imay provide for the section to apply to persons convicted before the passing of this Act who are in custody at the time of commencement or whose sentences are suspended at the time of commencement;iimay modify the application of the section in relation to those persons so as to disapply, or apply only to a specified extent, Condition 2.5An order shall be made by statutory instrument.Extent601Sections 1 to 4, 25 and 31(1) and (2) extend to—aEngland and Wales, andbNorthern Ireland.2Other provisions of this Act extend (subject to subsection (3)) to—aEngland and Wales,bScotland, andcNorthern Ireland.3A provision of this Act which amends another Act shall (subject to subsection (1)) have the same extent as the relevant part of the amended Act (ignoring extent by virtue of an Order in Council).4Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—aany of the Channel Islands;bthe Isle of Man.Citation611This Act may be cited as the UK Borders Act 2007.2A reference (in any enactment, including one passed or made before this Act) to “the Immigration Acts” is to—athe Immigration Act 1971 (c. 77),bthe Immigration Act 1988 (c. 14),cthe Asylum and Immigration Appeals Act 1993 (c. 23),dthe Asylum and Immigration Act 1996 (c. 49),ethe Immigration and Asylum Act 1999 (c. 33),fthe Nationality, Immigration and Asylum Act 2002 (c. 41),gthe Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19),hthe Immigration, Asylum and Nationality Act 2006 (c. 13), andithis Act.3Section 64(2) of the Immigration, Asylum and Nationality Act 2006 (meaning of “Immigration Acts”) shall cease to have effect.4In the definition of “The Immigration Acts” in Schedule 1 to the Interpretation Act 1978 (c. 30) (defined expressions) for “section 64 of the Immigration, Asylum and Nationality Act 2006” substitute “ section 61 of the UK Borders Act 2007 ”.S. 1 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)S. 2 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)S. 3 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)S. 4 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)S. 5 in force at 31.1.2008 by S.I. 2008/99, art. 2(b)S. 6 in force at 31.1.2008 by S.I. 2008/99, art. 2(b)S. 7 in force at 31.1.2008 by S.I. 2008/99, art. 2(b)S. 8 in force at 31.1.2008 by S.I. 2008/99, art. 2(b)S. 10 in force at 31.1.2008 for specified purposes by S.I. 2008/99, art. 2(c)S. 11 in force at 31.1.2008 for specified purposes by S.I. 2008/99, art. 2(d)S. 13 in force at 31.1.2008 for specified purposes by S.I. 2008/99, art. 2(e)S. 14 in force at 31.1.2008 by S.I. 2008/99, art. 2(f)S. 15 in force at 31.1.2008 by S.I. 2008/99, art. 2(f)S. 16 in force at 31.1.2008 by S.I. 2008/99, art. 2(g) (with art. 3)S. 18 in force at 31.1.2008 by S.I. 2008/99, art. 2(h)S. 20 in force at 31.1.2008 by S.I. 2008/99, art. 2(i)S. 22 in force at 31.1.2008 by S.I. 2008/99, art. 2(j)S. 23 in force at 31.1.2008 by S.I. 2008/99, art. 2(j)S. 26 in force at 31.1.2008 for specified purposes by S.I. 2008/99, art. 2(k) (with art. 4)S. 29 in force at 31.1.2008 by S.I. 2008/99, art. 2(l)S. 30 in force at 31.1.2008 by S.I. 2008/99, art. 2(l)S. 31 in force at 31.1.2008 by S.I. 2008/99, art. 2(l)S. 40 in force at 31.1.2008 by S.I. 2008/99, art. 2(m)S. 41 in force at 31.1.2008 by S.I. 2008/99, art. 2(m)S. 42 in force at 31.1.2008 by S.I. 2008/99, art. 2(m)S. 43 in force at 31.1.2008 by S.I. 2008/99, art. 2(m)S. 27 in force at 29.2.2008 by S.I. 2008/309, art. 2(a) (with art. 5)S. 28 in force at 29.2.2008 by S.I. 2008/309, art. 2(b) (with art. 5)S. 25 in force at 31.3.2008 by S.I. 2008/309, art. 3(a) (with art. 6)S. 44 in force at 31.3.2008 by S.I. 2008/309, art. 3(b)S. 45 in force at 31.3.2008 by S.I. 2008/309, art. 3(b)S. 46 in force at 31.3.2008 by S.I. 2008/309, art. 3(b)S. 47 in force at 31.3.2008 by S.I. 2008/309, art. 3(b)S. 26 in force at 1.4.2008 in so far as not already in force by S.I. 2008/309, art. 4(a) (with art. 7)S. 54 in force at 1.4.2008 by S.I. 2008/309, art. 4(e)S. 56 in force at 1.4.2008 by S.I. 2008/309, art. 4(g)S. 48 in force at 1.4.2008 by S.I. 2008/309, art. 4(b)S. 53 in force at 1.4.2008 for specified purposes by S.I. 2008/309, art. 4(d)S. 49 in force at 1.4.2008 by S.I. 2008/309, art. 4(b)S. 50 in force at 1.4.2008 by S.I. 2008/309, art. 4(b)S. 51 in force at 1.4.2008 for specified purposes by S.I. 2008/309, art. 4(c)S. 52 in force at 1.4.2008 for specified purposes by S.I. 2008/309, art. 4(d)S. 55 in force at 1.4.2008 by S.I. 2008/309, art. 4(f)S. 32 in force at 1.8.2008 for specified purposes by S.I. 2008/1818, art. 2(a), Sch. (with art. 3)S. 33 in force at 1.8.2008 for specified purposes by S.I. 2008/1818, art. 2(a), Sch.S. 34 in force at 1.8.2008 for specified purposes by S.I. 2008/1818, art. 2(a), Sch.S. 35 in force at 1.8.2008 for specified purposes by S.I. 2008/1818, art. 2(a), Sch.S. 36 in force at 1.8.2008 for specified purposes by S.I. 2008/1818, art. 2(a), Sch.S. 37 in force at 1.8.2008 for specified purposes by S.I. 2008/1818, art. 2(a), Sch.S. 38 in force at 1.8.2008 for specified purposes by S.I. 2008/1818, art. 2(a), Sch.S. 39 in force at 1.8.2008 by S.I. 2008/1818, art. 2(b)S. 9 in force at 25.11.2008 by S.I. 2008/2822, art. 2(a)S. 10 in force at 25.11.2008 in so far as not already in force by S.I. 2008/2822, art. 2(b)S. 11 in force at 25.11.2008 in so far as not already in force by S.I. 2008/2822, art. 2(c)S. 12 in force at 25.11.2008 by S.I. 2008/2822, art. 2(d)S. 13 in force at 25.11.2008 in so far as not already in force by S.I. 2008/2822, art. 2(e) S. 21 in force at 6.1.2009 by S.I. 2008/3136 , art. 2(a) S. 51 in force at 6.1.2009 in so far as not already in force by S.I. 2008/3136, art. 2(b)S. 52 in force at 6.1.2009 in so far as not already in force by S.I. 2008/3136, art. 2(c)S. 53 in force at 6.1.2009 in so far as not already in force by S.I. 2008/3136, art. 2(c)S. 33(6A) inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 146, 153(7); S.I. 2009/860, art. 2(1)(d)S. 19(3) repealed (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 3 (with Sch. 4)