Office of Public Sector Information
PART 6 continued
(1) A requirement to provide information under section 134 or 135 must be imposed by notice in writing specifying—
(a) the information,
(b) the manner in which it is to be provided, and
(c) the period of time within which it is to be provided.
(2) A period of time specified in a notice under subsection (1)(c)—
(a) must begin with the date of receipt of the notice, and
(b) must not be less than ten working days.
(3) A person on whom a notice is served under subsection (1) must provide the Secretary of State with the information specified in the notice.
(4) Information provided under subsection (3) must be provided—
(a) in the manner specified under subsection (1)(b), and
(b) within the time specified under subsection (1)(c).
(5) In this section “working day” means a day which is not—
(a) Saturday,
(b) Sunday,
(c) Christmas Day,
(d) Good Friday, or
(e) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
(1) A person commits an offence if without reasonable excuse he fails to comply with section 136(3).
(2) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to—
(a) imprisonment for a term not exceeding three months,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
(1) Subsection (2) applies where an offence under section 137 is committed by a body corporate and it is proved that the offence—
(a) was committed with the consent or connivance of an officer of the body, or
(b) was attributable to neglect on the part of an officer of the body.
(2) The officer, as well as the body, shall be guilty of the offence.
(3) In this section a reference to an officer of a body corporate includes a reference to—
(a) a director, manager or secretary,
(b) a person purporting to act as a director, manager or secretary, and
(c) if the affairs of the body are managed by its members, a member.
(4) Where an offence under section 137 is committed by a partnership (other than a limited partnership), each partner shall be guilty of the offence.
(5) Subsection (1) shall have effect in relation to a limited partnership as if—
(a) a reference to a body corporate were a reference to a limited partnership, and
(b) a reference to an officer of the body were a reference to a partner.
(1) Information provided by a person pursuant to a requirement under section 134 or 135 shall not be admissible in evidence in criminal proceedings against that person.
(2) This section shall not apply to proceedings for an offence under section 137.
(1) The following shall be inserted after paragraph 7(1) of Schedule 5 to the Immigration and Asylum Act 1999 (c. 33) (investigation by Commissioner: power of entry)—
“(1A) This paragraph also applies if the Commissioner is investigating a matter under paragraph 5(5) and—
(a) the matter is of a kind described in paragraph 5(3)(a), (b) or (d) (for which purpose a reference to an allegation shall be treated as a reference to a suspicion of the Commissioner), and
(b) there are reasonable grounds for believing that particular premises are being used in connection with the provision of immigration advice or immigration services by a registered person.”
(2) The following shall be inserted after paragraph 3 of Schedule 6 to the Immigration and Asylum Act 1999 (c. 33) (registration by Commissioner)—
3A The Commissioner may vary a person’s registration—
(a) so as to make it have limited effect in any of the ways mentioned in paragraph 2(2); or
(b) so as to make it have full effect.”
(3) The following shall be inserted after section 87(3)(e) of the Immigration and Asylum Act 1999 (Immigration Services Tribunal: jurisdiction) (before the word “or”)—
“(ea) to vary a registration under paragraph 3A of that Schedule;”.
(1) The Secretary of State may by order make provision for the purpose of giving effect to an international agreement which concerns immigration control at an EEA port (whether or not it also concerns other aspects of frontier control at the port).
(2) An order under this section may make any provision which appears to the Secretary of State—
(a) likely to facilitate implementation of the international agreement (including those aspects of the agreement which relate to frontier control other than immigration control), or
(b) appropriate as a consequence of provision made for the purpose of facilitating implementation of the agreement.
(3) In particular, an order under this section may—
(a) provide for a law of England and Wales to have effect, with or without modification, in relation to a person in a specified area or anything done in a specified area;
(b) provide for a law of England and Wales not to have effect in relation to a person in a specified area or anything done in a specified area;
(c) provide for a law of England and Wales to be modified in its effect in relation to a person in a specified area or anything done in a specified area;
(d) disapply or modify an enactment in relation to a person who has undergone a process in a specified area;
(e) disapply or modify an enactment otherwise than under paragraph (b), (c) or (d);
(f) make provision conferring a function (which may include—
(i) provision conferring a discretionary function;
(ii) provision conferring a function on a servant or agent of the government of a State other than the United Kingdom);
(g) create or extend the application of an offence;
(h) impose or permit the imposition of a penalty;
(i) require the payment of, or enable a person to require the payment of, a charge or fee;
(j) make provision about enforcement (which may include—
(i) provision conferring a power of arrest, detention or removal from or to any place;
(ii) provision for the purpose of enforcing the law of a State other than the United Kingdom);
(k) confer jurisdiction on a court or tribunal;
(l) confer immunity or provide for indemnity;
(m) make provision about compensation;
(n) impose a requirement, or enable a requirement to be imposed, for a person to co-operate with or to provide facilities for the use of another person who is performing a function under the order or under the international agreement (which may include a requirement to provide facilities without charge);
(o) make provision about the disclosure of information.
(4) An order under this section may—
(a) make provision which applies generally or only in specified circumstances;
(b) make different provision for different circumstances;
(c) amend an enactment.
(5) An order under this section—
(a) must be made by statutory instrument,
(b) may not be made unless the Secretary of State has consulted with such persons as appear to him to be appropriate, and
(c) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(6) In this section—
“EEA port” means a port in an EEA State from which passengers are commonly carried by sea to or from the United Kingdom,
“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
“frontier control” means the enforcement of law which relates to, or in so far as it relates to, the movement of persons or goods into or out of the United Kingdom or another State,
“immigration control” means arrangements made in connection with the movement of persons into or out of the United Kingdom or another State,
“international agreement” means an agreement made between Her Majesty’s Government and the government of another State, and
“specified area” means an area (whether of the United Kingdom or of another State) specified in an international agreement.
(1) The Secretary of State shall appoint a group of not fewer than ten nor more than 20 individuals (to be known as the Advisory Panel on Country Information).
(2) The Secretary of State shall appoint one member of the Advisory Panel as its Chairman.
(3) The function of the Advisory Panel shall be to consider and make recommendations to the Secretary of State about the content of country information.
(4) In this section “country information” means information about conditions in countries outside the United Kingdom which the Secretary of State compiles and makes available, for purposes connected with immigration, to—
(a) immigration officers, and
(b) other officers of the Secretary of State.
(5) The function of the Advisory Panel shall be shared among its members in accordance with arrangements made by the Chairman.
(6) A member of the Advisory Panel shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, resignation or dismissal).
(7) The Secretary of State may—
(a) pay fees and allowances to members of the Advisory Panel;
(b) defray expenses of members of the Advisory Panel;
(c) make staff and other facilities available to the Advisory Panel.
Nationality, Immigration and Asylum Act 2002