Immigration and Asylum Bill - continued        House of Lords
PART VI, SUPPORT FOR ASYLUM-SEEKERS - continued
Offences - continued

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Dishonest representations.     105. - (1) A person is guilty of an offence if, with a view to obtaining any benefit or other payment or advantage under this Part for himself or any other person, he dishonestly-
 
 
    (a) makes a statement or representation which is false in a material particular;
 
    (b) produces or gives to a person exercising functions under this Part, or causes or allows to be produced or given to such a person, any document or information which is false in a material particular;
 
    (c) fails to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or
 
    (d) causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part.
      (2) A person guilty of an offence under this section is liable-
 
 
    (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
 
    (b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.
      (3) In the application of this section to Scotland, in subsection (1) for "dishonestly" substitute "knowingly".
 
Delay or obstruction.     106. - (1) A person is guilty of an offence if, without reasonable excuse, he-
 
 
    (a) intentionally delays or obstructs a person exercising functions conferred by or under this Part; or
 
    (b) refuses or neglects to answer a question, give any information or produce a document when required to do so in accordance with any provision made by or under this Part.
      (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
Failure of sponsor to maintain.     107. - (1) A person is guilty of an offence if, during any period in respect of which he has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person-
 
 
    (a) he persistently refuses or neglects to maintain that person in accordance with the undertaking; and
 
    (b) in consequence of his refusal or neglect, support under any provision made by or under this Part is provided for or in respect of that person.
      (2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both.
 
      (3) For the purposes of this section, a person is not to be taken to have refused or neglected to maintain another person by reason only of anything done or omitted in furtherance of a trade dispute.
 
Supplemental.     108. - (1) If an offence under section 104, 105, 106 or 107 committed by a body corporate is proved-
 
 
    (a) to have been committed with the consent or connivance of an officer, or
 
    (b) to be attributable to neglect on his part,
  the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
 
      (2) "Officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.
 
      (3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
 
      (4) If an offence under section 104, 105, 106 or 107 committed by a partnership in Scotland is proved-
 
 
    (a) to have been committed with the consent or connivance of a partner, or
 
    (b) to be attributable to neglect on his part,
  the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
 
      (5) "Partner" includes a person purporting to act as a partner.
 
 
Expenditure
Payments to local authorities.     109. - (1) The Secretary of State may from time to time pay to any local authority or Northern Ireland authority such sums as he considers appropriate in respect of expenditure incurred, or to be incurred, by the authority in connection with-
 
 
    (a) persons who are, or have been, asylum-seekers; and
 
    (b) their dependants.
      (2) The Secretary of State may from time to time pay to any-
 
 
    (a) local authority,
 
    (b) local authority association, or
 
    (c) Northern Ireland authority,
  such sums as he considers appropriate in respect of services provided by the authority or association in connection with the discharge of functions under this Part.
 
      (3) The Secretary of State may make payments to any local authority towards the discharge of any liability of supported persons or their dependants in respect of council tax payable to that authority.
 
      (4) The Secretary of State must pay to a body to which a direction under section 100(3) is given such sums as he considers represent the reasonable costs to that body of complying with the direction.
 
      (5) The Secretary of State must pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 100(3)(a).
 
      (6) The Secretary of State may pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 100(3)(b).
 
      (7) In subsections (5) and (6)-
 
 
    "determined" means determined in accordance with regulations made by virtue of subsection (11)(a) of section 100, and
 
    "directed body" means a body to which a direction under subsection (3) of section 100 is given.
      (8) Payments under subsection (1), (2) or (3) may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
 
      (9) "Northern Ireland authority" means-
 
 
    (a) the Executive; or
 
    (b) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972.
 
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