Border and Immigration Inspectorate

48Establishment

(1)

The Secretary of State shall appoint a person as Chief Inspector of F1the UK Border Agency.

F2(1A)

The Chief Inspector shall monitor and report on the efficiency and effectiveness of the performance of functions by the following—

(a)

designated customs officials, and officials of the Secretary of State exercising customs functions;

(b)

immigration officers, and officials of the Secretary of State exercising functions relating to immigration, asylum or nationality;

(c)

the Secretary of State in so far as the Secretary of State has general customs functions;

(d)

the Secretary of State in so far as the Secretary of State has functions relating to immigration, asylum or nationality;

(e)

the Director of Border Revenue and any person exercising functions of the Director.

(1B)

The Chief Inspector shall monitor and report on the efficiency and effectiveness of the services provided by a person acting pursuant to arrangements relating to the discharge of a function within subsection (1A).

(2)

F3... In particular, the Chief Inspector shall consider and make recommendations about—

(a)

consistency of approach F4among the persons listed in subsections (1A) and (1B) (the “listed persons”),

(b)

the practice and performance of F5the listed persons compared to other persons doing similar things,

(c)

practice and procedure in making decisions,

(d)

the treatment of claimants and applicants,

(e)

certification under section 94 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (unfounded claim),

(f)

compliance with law about discrimination in the exercise of functions, including reliance on F6section 19D of the Race Relations Act 1976 (c. 74) F6 paragraph 17 of Schedule 3 to the Equality Act 2010 (exception for immigration functions),

(g)

practice and procedure in relation to the exercise of enforcement powers (including powers of arrest, entry, search and seizure),

F7(ga)

practice and procedure in relation to the prevention, detection and investigation of offences,

(gb)

practice and procedure in relation to the conduct of criminal proceedings,

(gc)

whether customs functions have been appropriately exercised by the Secretary of State and the Director of Border Revenue,

(h)

the provision of information,

(i)

the handling of complaints, and

(j)

the 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.

F8(2A)

Unless directed to do so by the Secretary of State, the Chief Inspector shall not monitor and report on the exercise by the listed persons of—

(a)

functions at removal centres and short term holding facilities F9 and in pre-departure accommodation , and under escort arrangements, in so far as Her Majesty's Chief Inspector of Prisons has functions under section 5A of the Prison Act 1952 in relation to such functions, and

(b)

functions at detention facilities, in so far as Her Majesty's Inspectors of Constabulary, the Scottish inspectors or the Northern Ireland inspectors have functions by virtue of section 29 of the Borders, Citizenship and Immigration Act 2009 in relation to such functions.

F10(3)

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F11(3A)

In this section “ customs function ”, “ designated customs official ” and “ general customs function ” have the meanings given by Part 1 of the Borders, Citizenship and Immigration Act 2009.

(4)

The 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).