Immigration and Asylum Bill - continued        House of Lords
SCHEDULE 13, CONSEQUENTIAL AMENDMENTS - continued
The Marriage (Registrar General's Licence) Act 1970 (c.34) - continued

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     36. In section 1(1) (marriages which may be solemnised by Registrar General's licence), for "a certificate" substitute "certificates".
 
     37. In section 5 (caveat against issue of Registrar General's licence), omit "or licence".
 
     38. In section 6 (marriage of persons under 18), for "a certificate" substitute "certificates".
 
     39. In section 13 (void marriages)-
 
 
    (a) in paragraph (a), for "certificate" substitute "certificates" and for "Registrar" substitute "a Registrar"; and
 
    (b) omit paragraph (b).
 
The Immigration Act 1971 (c.77)
     40. The 1971 Act is amended as follows.
 
     41. - (1) In section 3 (general provisions for regulation and control), in subsection (1)(a), after "in accordance with" insert "the provisions of, or made under,".
 
      (2) In section 3, for subsection (5) substitute-
 
 
    "(5) A person who is not a British citizen is liable to deportation from the United Kingdom if-
 
 
    (a) the Secretary of State deems his deportation to be conducive to the public good; or
 
    (b) another person to whose family he belongs is or has been ordered to be deported."
     42. In section 4(1) (giving or refusal of leave to enter or remain to be in writing except where allowed by the Act) for "allowed by" substitute "allowed by or under".
 
     43. In section 7(1) (exemption of certain residents from deportation)-
 
 
    (a) in paragraph (a), for "3(5)(b)" substitute "3(5)(a)"; and
 
    (b) in paragraph (b), for ", (b) or (c)" substitute "or (b) or 8 of the Immigration and Asylum Act 1999".
     44. Omit Part II.
 
     45. In section 24 (illegal entry and similar offences), omit subsections (1)(aa) and (2).
 
     46. In section 25 (assisting illegal entry and harbouring), omit subsection (3).
 
     47. In section 27 (offences by persons connected with ships or aircraft), at the end of paragraph (b)(iii), insert "; or
 
 
      (iv) he fails, without reasonable excuse, to comply with the requirements of paragraph 27B or 27C of Schedule 2;".
     48. In section 28(1) (time limits for proceedings) after "24," insert "24A,".
 
     49. In section 33 (interpretation), for subsection (4) substitute-
 
 
    "(4) For the purposes of this Act, the question of whether an appeal is pending shall be determined in accordance with section 48(5) to (10) of the Immigration and Asylum Act 1999".
 
     50. In Schedule 2 (administrative provisions as to control on entry), in paragraph 2(1) (purposes for which persons arriving in the United Kingdom may be examined), for paragraph (c) substitute-
 
 
    "(c) whether, if he may not-
 
      (i) he has been given leave which is still in force,
 
      (ii) he should be given leave and for what period or on what conditions (if any), or
 
      (iii) he should be refused leave."
     51. In Schedule 2, after paragraph 2, insert-
 
 

"Examination of persons who arrive with continuing leave
     2A. - (1) This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.
 
      (2) He may be examined by an immigration officer for the purpose of establishing-
 
 
    (a) whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled; or
 
    (b) whether that leave was obtained as a result of false information given by him or his failure to disclose material facts.
      (3) He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
 
      (4) A person examined under this paragraph may be required by the officer or inspector to submit to further examination.
 
      (5) A requirement under sub-paragraph (4) does not prevent a person who arrives-
 
 
    (a) as a transit passenger,
 
    (b) as a member of the crew of a ship or aircraft, or
 
    (c) for the purpose of joining a ship or aircraft as a member of the crew,
  from leaving by his intended ship or aircraft.
 
      (6) An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.
 
      (7) An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.
 
      (8) Cancellation of a person's leave under sub-paragraph (7) is to be treated for the purposes of this Act as if he had been refused leave to enter at a time when he had a current entry clearance.
 
      (9) A requirement imposed under sub-paragraph (4) and a notice given under sub-paragraph (6) must be in writing."
 
     52. In Schedule 2, in paragraph 4(1) and (2) (production of information and documents in connection with examinations), after "paragraph 2" insert ", 2A".
 
     53. In Schedule 2, for paragraph 7 substitute-
 
 

"Power to require medical examination after entry
     7. - (1) This paragraph applies if an immigration officer examining a person under paragraph 2 decides-
 
 
    (a) that he may be given leave to enter the United Kingdom; but
 
    (b) that a further medical test or examination may be required in the interests of public health.
      (2) This paragraph also applies if an immigration officer examining a person under paragraph 2A decides-
 
 
    (a) that his leave to enter the United Kingdom should not be cancelled; but
 
    (b) that a further medical test or examination may be required in the interests of public health.
      (3) The immigration officer may give the person concerned notice in writing requiring him-
 
 
    (a) to report his arrival to such medical officer of health as may be specified in the notice; and
 
    (b) to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require.
      (4) In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of-
 
 
    (a) a medical inspector; or
 
    (b) if no medical inspector is available, a fully qualified medical practitioner."
     54. In Schedule 2, in paragraph 18 (treatment of persons detained), after sub-paragraph (2) insert-
 
 
    "(2A) The power conferred by sub-paragraph (2) includes power to take fingerprints."
 
     55. In Schedule 2, omit paragraph 28.
 
     56. In Schedule 2, in paragraph 29, for "13(1), 16 or 17 of this Act" substitute " 49, 56, 57, 59(1) or (5) or 61 of the Immigration and Asylum Act 1999".
 
     57. In Schedule 3 (supplementary provision as to deportation), in paragraph 3-
 
 
    (a) for "16 or 17" substitute " 56 or 57 of the Immigration and Asylum Act 1999";
 
    (b) omit "in paragraph 28(2), (3) and (6) and"; and
 
    (c) for "15(1)(a)" substitute " 53(1)(a) or 59(4)(a) of the Immigration and Asylum Act 1999".
 
The Protection from Eviction Act 1977 (c.43)
     58. In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), after subsection (7), insert-
 
 
    "(7A) A tenancy or licence is excluded if it is granted in order to provide accommodation for an asylum-seeker under Part VI of the Immigration and Asylum Act 1999."
 
 
The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
     59. In Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of orders for periodical payment of money), at the end, insert-
 
 
    "(k) section 104 of the Immigration and Asylum Act 1999."
 
The Marriage Act 1983 (c.32)
     60. In section 1 of the Marriage Act 1983 (marriages of house-bound and detained persons in England and Wales)-
 
 
    (a) in subsection (1), for "a superintendent registrar's certificate" substitute "certificates of a superintendent registrar"; and
 
    (b) in subsection (2)(a), for "the notice" substitute "each notice".
 
The Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
     61. In Schedule 2 to the Housing (Northern Ireland) Order 1983 (tenancies which are not secure tenancies), after paragraph 3, insert-
 
 

"Accommodation for asylum-seekers
  3A.- (1) A tenancy is not a secure tenancy if it is granted in the exercise of the power, or under an arrangement, to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
 
      (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy."
 
 
The Rent (Scotland) Act 1984 (c.58)
     62. In section 23A of the Rent (Scotland) Act 1984 (excluded tenancies and occupancy rights), after subsection (5) insert-
 
 
    "(5A) Nothing in section 23 of this Act applies to a tenancy or right of occupancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999."
 
 
The Police and Criminal Evidence Act 1984 (c.60)
     63. - (1) The Police and Criminal Evidence Act 1984 is amended as follows.
 
      (2) In section 8 (power of justice to authorise entry and search of premises), at the end insert-
 
 
    "(6) This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence."
 
      (3) In section 22 (retention), at the end insert-
 
 
    "(6) This section also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971."
 
      (4) In section 61 (fingerprints), in subsection (9)(a), after "1971" insert ", section 132 of the Immigration and Asylum Act 1999 or regulations made under section 135 of that Act".
 
 
The Housing Act 1985 (c.68)
     64. In Schedule 1 to the Housing Act 1985 (tenancies which cannot be secure tenancies), after paragraph 4, insert-
 
 

"Accommodation for asylum-seekers
  4A.- (1) A tenancy is not a secure tenancy if it is granted in the exercise of the power, or under an arrangement, to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
 
      (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy."
 
 
The Housing (Scotland) Act 1987 (c.26)
     65. In Schedule 2 to the Housing (Scotland) Act 1987 (tenancies which cannot be secure tenancies), after paragraph 5 insert-
 
 

"Accommodation for asylum-seekers
     5A. - (1) A tenancy shall not be a secure tenancy if it is granted in the exercise of the power, or under an arrangement, to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
 
      (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy."
 
 
The Immigration Act 1988 (c.14)
     66. The Immigration Act 1988 is amended as follows.
 
     67. Omit section 5 (restricted right of appeal against deportation in cases of breach of limited leave).
 
     68. Omit section 8 (examination of passengers before arrival).
 
     69. In section 9, omit subsections (1) to (3) (charges for applications for, or grant of, indefinite leave to remain in the United Kingdom).
 
 
The Housing (Scotland) Act 1988 (c.43)
     70. In Schedule 4 to the Housing (Scotland) Act 1988 (tenancies which cannot be assured tenancies), after paragraph 11A insert-
 
 
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