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Immigration Act 2014

Type Public General Act

Publication 2014-05-14

Last updated 2026-02-04

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

PART 1 — Removal and other powers

Removal

Removal of persons unlawfully in the United Kingdom

1

For section 10 of the Immigration and Asylum Act 1999, substitute—

(10) (1) A person may be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer if the person requires leave to enter or remain in the United Kingdom but does not have it. (2) Where a person (“P”) is liable to be or has been removed from the United Kingdom under subsection (1), a member of P's family who meets the following three conditions may also be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer, provided that the Secretary of State or immigration officer has given the family member written notice of the intention to remove him or her. (3) The first condition is that the family member is— (a) P's partner, (b) P's child, or a child living in the same household as P in circumstances where P has care of the child, (c) in a case where P is a child, P's parent, or (d) an adult dependent relative of P. (4) The second condition is that— (a) in a case where the family member has leave to enter or remain in the United Kingdom, that leave was granted on the basis of his or her family life with P; (b) in a case where the family member does not have leave to enter or remain in the United Kingdom, in the opinion of the Secretary of State or immigration officer the family member— (i) would not, on making an application for such leave, be granted leave in his or her own right, but (ii) would be granted leave on the basis of his or her family life with P, if P had leave to enter or remain. (5) The third condition is that the family member is neither a British citizen, nor is he or she entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972. (6) A notice given to a family member under subsection (2) invalidates any leave to enter or remain in the United Kingdom previously given to the family member. (7) For the purposes of removing a person from the United Kingdom under subsection (1) or (2), the Secretary of State or an immigration officer may give any such direction for the removal of the person as may be given under paragraphs 8 to 10 of Schedule 2 to the 1971 Act. (8) But subsection (7) does not apply where a deportation order is in force against a person (and any directions for such a person's removal must be given under Schedule 3 to the 1971 Act). (9) The following paragraphs of Schedule 2 to the 1971 Act apply in relation to directions under subsection (7) (and the persons subject to those directions) as they apply in relation to directions under paragraphs 8 to 10 of Schedule 2 (and the persons subject to those directions)— (a) paragraph 11 (placing of person on board ship or aircraft); (b) paragraph 16(2) to (4) (detention of person where reasonable grounds for suspecting removal directions may be given or pending removal in pursuance of directions); (c) paragraph 17 (arrest of person liable to be detained and search of premises for person liable to arrest); (d) paragraph 18 (supplementary provisions on detention); (e) paragraph 18A (search of detained person); (f) paragraph 18B (detention of unaccompanied children); (g) paragraphs 19 and 20 (payment of expenses of custody etc); (h) paragraph 21 (temporary admission to UK of person liable to detention); (i) paragraphs 22 to 25 (bail); (j) paragraphs 25A to 25E (searches etc). (10) The Secretary of State may by regulations make further provision about— (a) the time period during which a family member may be removed under subsection (2); (b) the service of a notice under subsection (2). (11) In this section “child” means a person who is under the age of 18.

Restriction on removal of children and their parents etc

2

After section 78 of the Nationality, Immigration and Asylum Act 2002, insert—

(78A) (1) This section applies in a case where— (a) a child is to be removed from or required to leave the United Kingdom, and (b) an individual who— (i) is a parent of the child or has care of the child, and (ii) is living in a household in the United Kingdom with the child, is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”). (2) During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted— (a) the child may not be removed from or required to leave the United Kingdom; and (b) a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom. (3) The relevant appeal rights are exhausted at the time when— (a) neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and (b) no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104. (4) Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)— (a) the giving of a direction for the removal of a person from the United Kingdom, (b) the making of a deportation order in respect of a person, or (c) the taking of any other interim or preparatory action. (5) In this section— - “child” means a person who is aged under 18; - references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.

Independent Family Returns Panel

3

Before section 55 of the Borders, Citizenship and Immigration Act 2009, insert—

(54A) (1) The Independent Family Returns Panel is established. (2) The Secretary of State must consult the Independent Family Returns Panel— (a) in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and (b) in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family. (3) A family returns case is a case where— (a) a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, and (b) an individual who— (i) is a parent of the child or has care of the child, and (ii) is living in a household in the United Kingdom with the child, is also to be removed from or required to leave the United Kingdom. (4) The Secretary of State may by regulations make provision about— (a) additional functions of the Independent Family Returns Panel, (b) its status and constitution, (c) the appointment of its members, (d) the payment of remuneration and allowances to its members, and (e) any other matters in connection with its establishment and operation. (5) Regulations under this section must be made by statutory instrument. (6) An instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section— - “child” means a person who is under the age of 18; - “pre-departure accommodation” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999; - references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.

Powers of immigration officers

Enforcement powers

4

Schedule 1 (enforcement powers) has effect.

Detention and bail

Restrictions on detention of unaccompanied children

5

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

(2) In paragraph 16, after paragraph (2) insert—

(2A) But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.

(3) In paragraph 18, after sub-paragraph (1) insert—

(1A) But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.

(4) After paragraph 18A (as inserted by paragraph 2 of Schedule 1) insert—

(18B) (1) Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where— (a) the child is being transferred to or from a short-term holding facility, or (b) sub-paragraph (3) of paragraph 18 applies. (2) An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met. (3) The first condition is that— (a) directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or (b) a decision on whether or not to give directions is likely to result in such directions. (4) The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions. (5) An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended. (6) An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph. (7) In this paragraph— - “relevant 24 hour period”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the child was detained (or, in a case falling within sub-paragraph (5), first detained) in a short-term holding facility; - “short-term holding facility” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999; - “unaccompanied child” means a person— 1. who is under the age of 18, and 2. who is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.

Pre-departure accommodation for families

6

(1) Part 8 of the Immigration and Asylum Act 1999 (removal centres and detained persons) is amended as follows.

(2) In section 147 (interpretation)—

(a) after the definition of “custodial functions” insert—

“detained children” means detained persons who are under the age of 18;

;

(b) after the definition of “escort monitor” insert—

“pre-departure accommodation” means a place used solely for the detention of detained children and their families for a period of— (a) not more than 72 hours, or (b) not more than seven days in cases where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);

;

(d) in the definition of “short-term holding facility”, at the end insert—

but which is not pre-departure accommodation.

(3) In section 155 (custodial functions and discipline), in subsection (2), at the end insert “ and in pre-departure accommodation ”.

(4) After section 157 insert—

(157A) (1) The following provisions of this Part apply to pre-departure accommodation as they apply to removal centres— (a) section 149 (contracting out of certain removal centres); (b) section 150 (contracting out functions at directly managed removal centres); (c) section 151 (intervention by Secretary of State). (2) In the application of those provisions to pre-departure accommodation— (a) references to a removal centre contract are to be read as a contract made under section 149(1) for the provision or running of pre-departure accommodation; (b) references to a contracted out removal centre are to be read as references to pre-departure accommodation in relation to which a contract under section 149(1) is in force; (c) references to a directly managed removal centre are to be read as references to pre-departure accommodation in relation to which there is no contract under section 149(1) in force; (d) references to removal centre rules are to be read as references to rules made under subsection (4). (3) The Secretary of State may by regulations extend to pre-departure accommodation any other provision made by or under this Part in relation to removal centres. (4) The Secretary of State may make rules for the regulation and management of pre-departure accommodation.

Immigration bail: repeat applications and effect of removal directions

7

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

(2) In paragraph 22 (bail) at the end insert—

(4) A person must not be released on bail in accordance with this paragraph without the consent of the Secretary of State if— (a) directions for the removal of the person from the United Kingdom are for the time being in force, and (b) the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.

(3) In paragraph 25—

(a) the existing paragraph is re-numbered as sub-paragraph (1);

(b) in that sub-paragraph, for “may” substitute “ must ”;

(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 22, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 22 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.

(4) In paragraph 29 (grant of bail pending appeal), in sub-paragraph (1), at the end insert “ (and paragraph 22 does not apply) ”.

(5) In paragraph 30 (restrictions on grant of bail pending appeal), in sub-paragraph (1)—

(a) after “if” insert “ — (a) ”;

(b) for “or the power to give such directions is for the time being exercisable” substitute

and (b) the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.

(6) After paragraph 33, insert—

(33A) (1) Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under paragraphs 29 to 33 and matters arising out of such applications. (2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 29, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 29 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.

Biometrics

Provision of biometric information with immigration applications

8

(1) Section 126 of the Nationality, Immigration and Asylum Act 2002 (power to require provision of physical data with certain immigration applications) is amended as follows.

(2) In subsection (2), after paragraph (c) insert—

(d) a transit visa (within the meaning of section 41 of the Immigration and Asylum Act 1999), or (e) a document issued as evidence that a person who is not a national of an EEA state or Switzerland is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.

(3) In subsection (4), after paragraph (f) insert—

(fa) provide for biometric information to be recorded on any document issued as a result of the application in relation to which the information was provided;

(4) In subsection (9), after the definition of “code” insert—

“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),

Identifying persons liable to detention

9

In paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take steps for identifying persons detained under paragraph 16 of that Schedule) after “detained” insert “ or liable to be detained ”.

Provision of biometric information with citizenship applications

10

(1) Section 41 of the British Nationality Act 1981 (regulations for giving effect to the Act) is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

(bza) requiring an application for registration or naturalisation of a person as a British citizen to be accompanied by biometric information, or enabling an authorised person to require an individual to whom such an application relates to provide biometric information;

(3) After subsection (1) insert—

(1ZA) In subsection (1)(bza) “authorised person” and “biometric information” have the same meaning as in section 126 of the Nationality, Immigration and Asylum Act 2002. (1ZB) Section 126(4) to (7) of that Act applies to regulations under subsection (1)(bza) as it applies to regulations under section 126(1) of that Act. (1ZC) Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1)(bza) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act. (1ZD) But (despite section 8(5)(b) of that Act) regulations made by virtue of subsection (1ZC) may provide for photographs of a person who is registered or naturalised as a British citizen to be retained until the person is issued with a United Kingdom passport describing the person as a British citizen.

(4) In subsection (8)(b) for “(1)(bc)” substitute “ (1)(bza), (bc) ”.

Biometric immigration documents

11

After section 7(2) of the UK Borders Act 2007 (effect of failure to comply with regulations about biometric immigration documents) insert—

(2A) If the regulations require a biometric immigration document to be used in connection with an application or claim, they may require or permit the application or claim to be disregarded or refused if that requirement is not complied with.

Meaning of “biometric information”

12

(1) Section 15 of the UK Borders Act 2007 (biometric immigration documents: interpretation) is amended as follows.

(2) In subsection (1), omit paragraphs (b) and (c).

(3) After subsection (1) insert—

(1A) For the purposes of section 5 “biometric information” means— (a) information about a person's external physical characteristics (including in particular fingerprints and features of the iris), and (b) any other information about a person's physical characteristics specified in an order made by the Secretary of State. (1B) An order under subsection (1A)(b)— (a) may specify only information that can be obtained or recorded by an external examination of a person; (b) must not specify information about a person's DNA. (1C) Section 6(6) applies to an order under subsection (1A)(b) as it applies to regulations under section 5(1).

(4) Schedule 2 (which amends other enactments) has effect.

Safeguards for children

13

(1) Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows.

(2) In paragraph 4 (power to take biometric information on examination), after sub-paragraph (6) (as inserted by paragraph 1(3) of Schedule 2) insert—

(7) A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless— (a) the decision to require P to provide the information has been confirmed by a chief immigration officer, and (b) the information is provided in the presence of a person of full age who is— (i) P's parent or guardian, or (ii) a person who for the time being takes responsibility for P. (8) The person mentioned in sub-paragraph (7)(b)(ii) may not be— (a) a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or (b) an officer of the Secretary of State who is not such a person. (9) Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.

(3) In paragraph 18 (power to take biometric information from detained persons), after sub-paragraph (2A) insert—

(2B) Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5).

Use and retention of biometric information

14

(1) For section 8 of the UK Borders Act 2007 substitute—

(8) (1) The Secretary of State must by regulations make provision about the use and retention by the Secretary of State of biometric information provided in accordance with regulations under section 5(1). (2) The regulations must provide that biometric information may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with— (a) the exercise of a function by virtue of the Immigration Acts, or (b) the exercise of a function in relation to nationality. (3) The regulations may include provision permitting biometric information retained by virtue of subsection (2) also to be used— (a) in connection with the prevention, investigation or prosecution of an offence, (b) for a purpose which appears to the Secretary of State to be required in order to protect national security, (c) in connection with identifying persons who have died, or are suffering from illness or injury, (d) for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled, and (e) for such other purposes (whether in accordance with functions under an enactment or otherwise) as the regulations may specify. (4) The regulations must include provision about the destruction of biometric information. (5) In particular the regulations must require the Secretary of State to take all reasonable steps to ensure that biometric information is destroyed if the Secretary of State— (a) no longer thinks that it is necessary to retain the information for use as mentioned in subsection (2), or (b) is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971. (6) The regulations must also— (a) require that any requirement to destroy biometric information by virtue of the regulations also applies to copies of the information, and (b) require the Secretary of State to take all reasonable steps to ensure— (i) that data held in electronic form which relates to biometric information which has to be destroyed by virtue of the regulations is destroyed or erased, or (ii) that access to such data is blocked. (7) But a requirement to destroy biometric information or data is not to apply if and in so far as the information or data is retained in accordance with and for the purposes of another power. (8) The regulations must include provision— (a) entitling a person whose biometric information has to be destroyed by virtue of the regulations, on request, to a certificate issued by the Secretary of State to the effect that the Secretary of State has taken the steps required by virtue of subsection (6)(b), and (b) requiring such a certificate to be issued within the period of 3 months beginning with the date on which the request for it is received by the Secretary of State. (9) Section 6(6) applies to regulations under this section as it applies to regulations under section 5(1).

(2) In the Immigration and Asylum Act 1999, after section 144 insert—

(144A) (1) Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to— (a) fingerprints taken by virtue of section 141, and (b) biometric information taken by virtue of regulations under section 144, as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act. (2) Regulations made by virtue of subsection (1)(a) must require fingerprints taken from a person (“F”) by virtue of section 141(7)(f) to be destroyed when fingerprints taken from the person whose dependant F is are destroyed. (3) Regulations made by virtue of subsection (1)(b) must make equivalent provision in relation to biometric information taken by virtue of any provision of regulations under section 144 which is equivalent to section 141(7)(f).

(3) In section 126 of the Nationality, Immigration and Asylum Act 2002 (power to require provision of physical data with certain immigration applications), after subsection (8) insert—

(8A) Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.

PART 2 — Appeals etc

Right of appeal to First-tier Tribunal

15

(1) Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals) is amended as follows.

(2) For section 82 substitute—

(82) (1) A person (“P”) may appeal to the Tribunal where— (a) the Secretary of State has decided to refuse a protection claim made by P, (b) the Secretary of State has decided to refuse a human rights claim made by P, or (c) the Secretary of State has decided to revoke P's protection status. (2) For the purposes of this Part— (a) a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom— (i) would breach the United Kingdom's obligations under the Refugee Convention, or (ii) would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection; (b) P's protection claim is refused if the Secretary of State makes one or more of the following decisions— (i) that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention; (ii) that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection; (c) a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection; (d) “humanitarian protection” is to be construed in accordance with the immigration rules; (e) “refugee” has the same meaning as in the Refugee Convention. (3) The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.

(3) Sections 83 and 83A (appeal rights in respect of asylum claims) are repealed.

(4) For section 84 substitute—

(84) (1) An appeal under section 82(1)(a) (refusal of protection claim) must be brought on one or more of the following grounds— (a) that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention; (b) that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection; (c) that removal of the appellant from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention). (2) An appeal under section 82(1)(b) (refusal of human rights claim) must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998. (3) An appeal under section 82(1)(c) (revocation of protection status) must be brought on one or more of the following grounds— (a) that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations under the Refugee Convention; (b) that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.

(5) In section 85 (matters to be considered), for subsection (5) substitute—

(5) But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so. (6) A matter is a “new matter” if— (a) it constitutes a ground of appeal of a kind listed in section 84, and (b) the Secretary of State has not previously considered the matter in the context of— (i) the decision mentioned in section 82(1), or (ii) a statement made by the appellant under section 120.

Report by Chief Inspector on administrative review

16

(1) Before the end of the period of 12 months beginning on the day on which section 15 comes into force, the Secretary of State must commission from the Chief Inspector a report that addresses the following matters—

(a) the effectiveness of administrative review in identifying case working errors;

(b) the effectiveness of administrative review in correcting case working errors;

(c) the independence of persons conducting administrative review (in terms of their separation from the original decision-maker).

(2) On completion of the report, the Chief Inspector must send it to the Secretary of State.

(3) The Secretary of State must lay before Parliament a copy of the report received under subsection (2).

(4) In this section—

“administrative review” means review conducted under the immigration rules;

“case working error” has the meaning given in the immigration rules;

the “Chief Inspector” means the Chief Inspector established under section 48 of the UK Borders Act 2007;

“immigration rules” has the same meaning as in the Immigration Act 1971.

Place from which appeal may be brought or continued

17

(1) Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals) is amended as follows.

(2) For section 92 substitute—

(92) (1) This section applies to determine the place from which an appeal under section 82(1) may be brought or continued. (2) In the case of an appeal under section 82(1)(a) (protection claim appeal), the appeal must be brought from outside the United Kingdom if— (a) the claim to which the appeal relates has been certified under section 94(1) or (7) (claim clearly unfounded or removal to safe third country), or (b) paragraph 5(3)(a), 10(3), 15(3) or 19(b) of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country) applies. Otherwise, the appeal must be brought from within the United Kingdom. (3) In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was in the United Kingdom, the appeal must be brought from outside the United Kingdom if— (a) the claim to which the appeal relates has been certified under section 94(1) or (7) (claim clearly unfounded or removal to safe third country) or section 94B (certification of human rights claims made by persons liable to deportation), or (b) paragraph 5(3)(b) or (4), 10(4), 15(4) or 19(c) of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country) applies. Otherwise, the appeal must be brought from within the United Kingdom. (4) In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the United Kingdom, the appeal must be brought from outside the United Kingdom. (5) In the case of an appeal under section 82(1)(c) (revocation of protection status)— (a) the appeal must be brought from within the United Kingdom if the decision to which the appeal relates was made while the appellant was in the United Kingdom; (b) the appeal must be brought from outside the United Kingdom if the decision to which the appeal relates was made while the appellant was outside the United Kingdom. (6) If, after an appeal under section 82(1)(a) or (b) has been brought from within the United Kingdom, the Secretary of State certifies the claim to which the appeal relates under section 94(1) or (7) or section 94B, the appeal must be continued from outside the United Kingdom. (7) Where a person brings or continues an appeal under section 82(1)(a) (refusal of protection claim) from outside the United Kingdom, for the purposes of considering whether the grounds of appeal are satisfied, the appeal is to be treated as if the person were not outside the United Kingdom. (8) Where an appellant brings an appeal from within the United Kingdom but leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned unless the claim to which the appeal relates has been certified under section 94(1) or (7) or section 94B.

(3) After section 94A, insert—

(94B) (1) This section applies where a human rights claim has been made by a person (“P”) who is liable to deportation under— (a) section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good), or (b) section 3(6) of that Act (court recommending deportation following conviction). (2) The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, removal of P to the country or territory to which P is proposed to be removed, pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention). (3) The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed.

Review of certain deportation decisions by Special Immigration Appeals Commission

18

In the Special Immigration Appeals Commission Act 1997, after section 2D insert—

(2E) (1) Subsection (2) applies in relation to a relevant deportation decision which has been certified under section 97 or 97A(1) of the Nationality, Immigration and Asylum Act 2002 (certification on grounds of national security etc). (2) The person to whom the decision relates may apply to the Special Immigration Appeals Commission to set aside the decision. (3) In determining whether the decision should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings. (4) If the Commission decides that the decision should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings. (5) In this section “relevant deportation decision” means a decision of the Secretary of State about the deportation of a person from the United Kingdom, if and to the extent that— (a) the decision is not subject to a right of appeal, or (b) the decision (being subject to a right of appeal) gives rise to issues which may not be raised on such an appeal.

Article 8 of the ECHR: public interest considerations

19

After Part 5 of the Nationality, Immigration and Asylum Act 2002 insert—

(117A) (1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts— (a) breaches a person's right to respect for private and family life under Article 8, and (b) as a result would be unlawful under section 6 of the Human Rights Act 1998. (2) In considering the public interest question, the court or tribunal must (in particular) have regard— (a) in all cases, to the considerations listed in section 117B, and (b) in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C. (3) In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2). (117B) (1) The maintenance of effective immigration controls is in the public interest. (2) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English— (a) are less of a burden on taxpayers, and (b) are better able to integrate into society. (3) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons— (a) are not a burden on taxpayers, and (b) are better able to integrate into society. (4) Little weight should be given to— (a) a private life, or (b) a relationship formed with a qualifying partner, that is established by a person at a time when the person is in the United Kingdom unlawfully. (5) Little weight should be given to a private life established by a person at a time when the person's immigration status is precarious. (6) In the case of a person who is not liable to deportation, the public interest does not require the person's removal where— (a) the person has a genuine and subsisting parental relationship with a qualifying child, and (b) it would not be reasonable to expect the child to leave the United Kingdom. (117C) (1) The deportation of foreign criminals is in the public interest. (2) The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal. (3) In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies. (4) Exception 1 applies where— (a) C has been lawfully resident in the United Kingdom for most of C's life, (b) C is socially and culturally integrated in the United Kingdom, and (c) there would be very significant obstacles to C's integration into the country to which C is proposed to be deported. (5) Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C's deportation on the partner or child would be unduly harsh. (6) In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2. (7) The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted. (117D) (1) In this Part— - “Article 8” means Article 8 of the European Convention on Human Rights; - “qualifying child” means a person who is under the age of 18 and who— 1. is a British citizen, or 2. has lived in the United Kingdom for a continuous period of seven years or more; - “qualifying partner” means a partner who— 1. is a British citizen, or 2. who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act). (2) In this Part, “foreign criminal” means a person— (a) who is not a British citizen, (b) who has been convicted in the United Kingdom of an offence, and (c) who— (i) has been sentenced to a period of imprisonment of at least 12 months, (ii) has been convicted of an offence that has caused serious harm, or (iii) is a persistent offender. (3) For the purposes of subsection (2)(b), a person subject to an order under— (a) section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc), (b) section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or (c) Article 50A of the Mental Health (Northern Ireland) Order 1986 (insanity etc), has not been convicted of an offence. (4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time— (a) do not include a person who has received a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect); (b) do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time; (c) include 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 that length of time; and (d) include 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 at least that length of time. (5) If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it.

PART 3 — Access to services etc

CHAPTER 1 — Residential tenancies

Key interpretation

Residential tenancy agreement

20

(1) This section applies for the purposes of this Chapter.

(2) “Residential tenancy agreement” means a tenancy which—

(a) grants a right of occupation of premises for residential use,

(b) provides for payment of rent (whether or not a market rent), and

(3) In subsection (2), “tenancy” includes—

(a) any lease, licence, sub-lease or sub-tenancy, and

(b) an agreement for any of those things,

and in this Chapter references to “landlord” and “tenant”, and references to premises being “leased”, are to be read accordingly.

(4) For the purposes of subsection (2)(a), an agreement grants a right of occupation of premises “for residential use” if, under the agreement, one or more adults have the right to occupy the premises as their only or main residence (whether or not the premises may also be used for other purposes).

(5) In subsection (2)(b) “rent” includes any sum paid in the nature of rent.

(6) In subsection (2)(c) “excluded agreement” means any agreement of a description for the time being specified in Schedule 3.

(7) The Secretary of State may by order amend Schedule 3 so as to—

(a) add a new description of excluded agreement,

(b) remove any description, or

Persons disqualified by immigration status or with limited right to rent

21

(1) For the purposes of this Chapter, a person (“P”) is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement if—

(a) P is not a relevant national, and

(b) P does not have a right to rent in relation to the premises.

(2) P does not have a “right to rent” in relation to premises if—

(a) P requires leave to enter or remain in the United Kingdom but does not have it, or

(b) P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the premises.

(3) But P is to be treated as having a right to rent in relation to premises (in spite of subsection (2)) if the Secretary of State has granted P permission for the purposes of this Chapter to occupy premises under a residential tenancy agreement.

(4) References in this Chapter to a person with a “limited right to rent” are references to—

(a) a person who has been granted leave to enter or remain in the United Kingdom for a limited period, or

(b) a person who—

(i) is not a relevant national, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section “relevant national” means—

(a) a British citizen,

(aa) an Irish citizen, or

(ab) a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty notices

Persons disqualified by immigration status not to be leased premises

22

(1) A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status.

(2) A landlord is to be taken to “authorise” an adult to occupy premises in the circumstances mentioned in subsection (1) if (and only if) there is a contravention of this section.

(3) There is a contravention of this section in either of the following cases.

(4) The first case is where a residential tenancy agreement is entered into that, at the time of entry, grants a right to occupy premises to—

(a) a tenant who is disqualified as a result of their immigration status,

(b) another adult named in the agreement who is disqualified as a result of their immigration status, or

(c) another adult not named in the agreement who is disqualified as a result of their immigration status (subject to subsection (6)).

(5) The second case is where—

(a) a residential tenancy agreement is entered into that grants a right to occupy premises on an adult with a limited right to rent,

(b) the adult later becomes a person disqualified as a result of their immigration status, and

(6) There is a contravention as a result of subsection (4)(c) only if—

(a) reasonable enquiries were not made of the tenant before entering into the agreement as to the relevant occupiers, or

(b) reasonable enquiries were so made and it was, or should have been, apparent from the enquiries that the adult in question was likely to be a relevant occupier.

(7) Any term of a residential tenancy agreement that prohibits occupation of premises by a person disqualified by their immigration status is to be ignored for the purposes of determining whether there has been a contravention of this section if—

(a) the landlord knew when entering into the agreement that the term would be breached, or

(b) the prescribed requirements were not complied with before entering into the agreement.

(8) It does not matter for the purposes of this section whether or not—

(a) a right of occupation is exercisable on entering into an agreement or from a later date;

(b) a right of occupation is granted unconditionally or on satisfaction of a condition.

(9) A contravention of this section does not affect the validity or enforceability of any provision of a residential tenancy agreement by virtue of any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

(10) In this Chapter—

“post-grant contravention” means a contravention in the second case mentioned in subsection (5);

“pre-grant contravention” means a contravention in the first case mentioned in subsection (4);

“relevant occupier”, in relation to a residential tenancy agreement, means any adult who occupies premises under the agreement (whether or not named in the agreement).

Penalty notices: landlords

23

(1) If there is a contravention of section 22, the Secretary of State may give the responsible landlord a notice requiring the payment of a penalty.

(2) The amount of the penalty is such an amount as the Secretary of State considers appropriate, but the amount must not exceed £20,000.

(3) “Responsible landlord” means—

(a) in relation to a pre-grant contravention, the landlord who entered into the residential tenancy agreement;

(b) in relation to a post-grant contravention, the person who is the landlord under the agreement at the time of the contravention.

(4) But if there is a superior landlord in relation to the residential tenancy agreement who is responsible for the purposes of this section, the “responsible landlord” means that superior landlord (and references to the landlord in the following provisions of this Chapter are to be read accordingly).

(5) A superior landlord is “responsible for the purposes of this section” if arrangements in writing have been made in relation to the residential tenancy agreement between the landlord and the superior landlord under which the superior landlord accepts responsibility for—

(a) contraventions of section 22 generally, or

(b) contraventions of a particular description and the contravention in question is of that description.

(6) The Secretary of State may by order amend the amount for the time being specified in subsection (2).

Excuses available to landlords

24

(1) This section applies where a landlord is given a notice under section 23 requiring payment of a penalty.

(2) Where the notice is given for a pre-grant contravention, the landlord is excused from paying the penalty if the landlord shows that—

(a) the prescribed requirements were complied with before the residential tenancy agreement was entered into, or

(b) a person acting as the landlord's agent is responsible for the contravention (see section 25(2)).

(3) The prescribed requirements may be complied with for the purposes of subsection (2)(a) at any time before the residential tenancy agreement is entered into.

(4) But where compliance with the prescribed requirements discloses that a relevant occupier is a person with a limited right to rent, the landlord is excused under subsection (2)(a) only if the requirements are complied with in relation to that occupier within such period as may be prescribed.

(5) The excuse under subsection (2)(a) or (b) is not available if the landlord knew that entering into the agreement would contravene section 22.

(6) Where the notice is given for a post-grant contravention, the landlord is excused from paying the penalty if any of the following applies—

(a) the landlord has notified the Secretary of State of the contravention as soon as reasonably practicable;

(b) a person acting as the landlord's agent is responsible for the contravention;

(c) the eligibility period in relation to the limited right occupier whose occupation caused the contravention has not expired.

(7) For the purposes of subsection (6)(a), the landlord is to be taken to have notified the Secretary of State of the contravention “as soon as reasonably practicable” if the landlord—

(a) complied with the prescribed requirements in relation to each limited right occupier at the end of the eligibility period, and

(b) notified the Secretary of State of the contravention without delay on it first becoming apparent that the contravention had occurred.

(8) Notification under subsection (6)(a) must be in the prescribed form and manner.

(9) In this Chapter “limited right occupier”, in relation to a residential tenancy agreement, means a relevant occupier who had a limited right to rent at the time when the occupier was first granted a right to occupy the premises under the agreement.

Penalty notices: agents

25

(1) Subsection (3) applies where—

(a) a landlord contravenes section 22, and

(b) a person acting as the landlord's agent (“the agent”) is responsible for the contravention.

(2) For the purposes of this Chapter, an agent is responsible for a landlord's contravention of section 22 if (and only if)—

(a) the agent acts in the course of a business, and

(b) under arrangements made with the landlord in writing, the agent was under an obligation for the purposes of this Chapter to comply with the prescribed requirements on behalf of the landlord.

(3) The Secretary of State may give the agent a notice requiring the agent to pay a penalty.

(4) The amount of the penalty is such an amount as the Secretary of State considers appropriate, but the amount must not exceed £20,000.

(5) The Secretary of State may by order amend the amount for the time being specified in subsection (4).

Excuses available to agents

26

(1) This section applies where an agent is given a notice under section 25 requiring payment of a penalty.

(2) Where the notice is given for a pre-grant contravention, the agent is excused from paying the penalty if the agent shows that the prescribed requirements were complied with before the residential tenancy agreement was entered into.

(3) The prescribed requirements may be complied with for the purposes of subsection (2) at any time before the residential tenancy agreement is entered into.

(4) But where compliance with the prescribed requirements discloses that a relevant occupier is a person with a limited right to rent, the agent is excused under subsection (2) only if the requirements are complied with in relation to that occupier within such period as may be prescribed.

(5) The excuse under subsection (2) is not available if the agent—

(a) knew that the landlord would contravene section 22 by entering into the agreement,

(b) had sufficient opportunity to notify the landlord of that fact before the landlord entered into the agreement, but

(6) Where the notice is given for a post-grant contravention, the agent is excused from paying the penalty if either of the following applies—

(a) the agent has notified the Secretary of State and the landlord of the contravention as soon as reasonably practicable;

(b) the eligibility period in relation to the limited right occupier whose occupation caused the contravention has not expired.

(7) For the purposes of subsection (6)(a), the agent is to be taken to have notified the Secretary of State and the landlord of the contravention “as soon as reasonably practicable” if the agent—

(a) complied with the prescribed requirements in relation to each limited right occupier at the end of the eligibility period, and

(b) notified the Secretary of State and the landlord of the contravention without delay on it first becoming apparent that the contravention had occurred.

(8) Notification under subsection (6)(a) must be in the prescribed form and manner.

Eligibility period

27

(1) An eligibility period in relation to a limited right occupier is established if the prescribed requirements are complied with in relation to the occupier.

(2) An eligibility period established under subsection (1) may be renewed (on one or more occasions) by complying with the prescribed requirements again.

(3) But an eligibility period in relation to a limited right occupier is only established or renewed under this section at any time if it reasonably appears from the information obtained in complying with the prescribed requirements at that time that the occupier is a person with a limited right to rent.

(4) The length of an eligibility period established or renewed under this section in relation to a limited right occupier is the longest of the following periods—

(a) the period of one year beginning with the time when the prescribed requirements were last complied with in relation to the occupier;

(b) so much of any leave period as remains at that time;

(5) In subsection (4)—

“leave period” means a period for which the limited right occupier was granted leave to enter or remain in the United Kingdom;

“validity period” means the period for which an immigration document issued to the limited right occupier by or on behalf of the Secretary of State is valid.

(6) In subsection (5) “immigration document” means a document of a prescribed description which—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) grants to the holder a right to enter or remain in the United Kingdom for such period as the document may authorise.

Penalty notices: general

28

(1) The Secretary of State may give a penalty notice—

(a) to a landlord under section 23 without having established whether the landlord is excused from paying the penalty under section 24;

(b) to an agent under section 25 without having established whether the agent is excused from paying the penalty under section 26.

(2) A penalty notice must—

(a) be in writing,

(b) state why the Secretary of State thinks the recipient is liable to the penalty,

(d) specify a date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

(e) specify how a penalty must be paid,

(f) explain how the recipient may object to the penalty or make an appeal against it, and

(g) explain how the Secretary of State may enforce the penalty.

(3) A separate penalty notice may be given in respect of each adult disqualified by their immigration status in relation to whom there is a contravention of section 22.

(4) Where a penalty notice is given to two or more persons who jointly constitute the landlord or agent in relation to a residential tenancy agreement, those persons are jointly and severally liable for any sum payable to the Secretary of State as a penalty imposed by the notice.

(5) A penalty notice may not be given in respect of any adult if—

(a) the adult has ceased to occupy the premises concerned, and

(b) a period of 12 months or more has passed since the time when the adult last occupied the premises,

but this subsection is not to be taken as affecting the validity of a penalty notice given before the end of that period.

(6) Subsection (5) does not apply to a penalty notice given after the end of the 12 month period mentioned in that subsection if—

(a) it is a new penalty notice given by virtue of section 29(6)(b) on the determination of an objection to another penalty notice, and

(b) that other penalty notice was given before the end of the period.

Objections, appeals and enforcement

Objection

29

(1) The recipient of a penalty notice (“the recipient”) may object on the ground that—

(a) the recipient is not liable to the imposition of the penalty,

(b) the recipient is excused by virtue of section 24 or 26, or

(2) An objection must be made by giving a notice of objection to the Secretary of State.

(3) A notice of objection must—

(a) be in writing,

(b) give the reasons for the objection,

(d) be given before the end of the prescribed period.

(4) In considering a notice of objection to a penalty the Secretary of State must have regard to the code of practice under section 32.

(5) On considering a notice of objection the Secretary of State may—

(a) cancel the penalty,

(b) reduce the penalty,

(d) determine to take no action.

(6) After reaching a decision as to how to proceed under subsection (5) the Secretary of State must—

(a) notify the recipient of the decision (including the amount of any increased or reduced penalty) before the end of the prescribed period or such longer period as the Secretary of State may agree with the recipient, and

(b) if the penalty is increased, issue a new penalty notice under section 23 or (as the case may be) section 25.

Appeals

30

(1) The recipient may appeal to the court on the ground that—

(a) the recipient is not liable to the imposition of a penalty,

(b) the recipient is excused payment as a result of section 24 or 26, or

(2) The court may—

(a) allow the appeal and cancel the penalty,

(b) allow the appeal and reduce the penalty, or

(3) An appeal is to be a re-hearing of the Secretary of State's decision to impose a penalty and is to be determined having regard to—

(a) the code of practice under section 32 that has effect at the time of the appeal, and

(b) any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

(4) Subsection (3) has effect despite any provisions of rules of court.

(5) An appeal may be brought only if the recipient has given a notice of objection under section 29 and the Secretary of State—

(a) has determined the objection by issuing to the recipient the penalty notice (as a result of increasing the penalty under section 29(5)(c)),

(b) has determined the objection by—

(i) reducing the penalty under section 29(5)(b), or

(ii) taking no action under section 29(5)(d), or

(c) has not informed the recipient of a decision before the end of the period that applies for the purposes of section 29(6)(a).

(6) An appeal must be brought within the period of 28 days beginning with the relevant date.

(7) Where the appeal is brought under subsection (5)(a), the relevant date is the date specified in the penalty notice issued in accordance with section 29(6)(b) as the date on which it is given.

(8) Where the appeal is brought under subsection (5)(b), the relevant date is the date specified in the notice informing the recipient of the decision for the purposes of section 29(6)(a) as the date on which it is given.

(9) Where the appeal is brought under subsection (5)(c), the relevant date is the date on which the period that applies for the purposes of section 29(6)(a) ends.

(10) In this section “the court” means—

(a) the county court, if the appeal relates to a residential tenancy agreement in relation to premises in England and Wales;

(b) the sheriff, if the appeal relates to a residential tenancy agreement in relation to premises in Scotland;

(c) a county court in Northern Ireland, if the appeal relates to a residential tenancy agreement in relation to premises in Northern Ireland.

Enforcement

31

(1) This section applies where a sum is payable to the Secretary of State as a penalty under this Chapter.

(2) In England and Wales the penalty is recoverable as if it were payable under an order of the county court in England and Wales.

(3) In Scotland the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.

(5) Where action is taken under this section for the recovery of a sum payable as a penalty under this Chapter, the penalty is—

(a) in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

(6) Money paid to the Secretary of State by way of a penalty must be paid into the Consolidated Fund.

Codes of practice

General matters

32

(1) The Secretary of State must issue a code of practice for the purposes of this Chapter.

(2) The code must specify factors that the Secretary of State will consider when determining the amount of a penalty imposed under this Chapter.

(3) The code may contain guidance about—

(a) factors that the Secretary of State will consider when determining whether—

(i) a residential tenancy agreement grants a right of occupation of premises for residential use, or

(ii) a person is occupying premises as an only or main residence;

(b) the reasonable enquiries that a landlord should make to determine the identity of relevant occupiers in relation to a residential tenancy agreement (so far as they are not named in the agreement);

(4) Guidance under subsection (3)(a) may in particular relate to the treatment for the purposes of this Chapter of arrangements that are made in connection with holiday lettings or lettings for purposes connected with business travel.

(5) The Secretary of State must from time to time review the code and may revise and re-issue it following a review.

(6) The code (or revised code)—

(a) may not be issued unless a draft has been laid before Parliament, and

(b) comes into force in accordance with provision made by order of the Secretary of State.

Discrimination

33

(1) The Secretary of State must issue a code of practice specifying what a landlord or agent should or should not do to ensure that, while avoiding liability to pay a penalty under this Chapter, the landlord or agent also avoids contravening—

(a) the Equality Act 2010, so far as relating to race, or

(b) the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)).

(2) The Secretary of State must from time to time review the code and may revise and re-issue it following a review.

(3) Before issuing the code (or a revised code) the Secretary of State must consult—

(a) the Commission for Equality and Human Rights,

(b) the Equality Commission for Northern Ireland, and

(4) After consulting under subsection (3) the Secretary of State must—

(a) publish a draft code, and

(b) consider any representations made about the published draft.

(5) The code (or revised code)—

(a) may not be issued unless a draft has been laid before Parliament (prepared after considering representations under subsection (4)(b) and with or without modifications to reflect the representations), and

(b) comes into force in accordance with provision made by order of the Secretary of State.

(6) A breach of the code—

(a) does not make a person liable to civil or criminal proceedings, but

(b) may be taken into account by a court or tribunal.

General

Orders

34

(1) An order prescribing requirements for the purposes of this Chapter may, in particular, require a landlord or agent to—

(a) obtain a document of a prescribed description from relevant occupiers , a DVS-registered person or a DVS-registered person of a prescribed description before or during the course of a residential tenancy agreement;

(b) obtain one document of each of a number of prescribed descriptions from relevant occupiers , a DVS-registered person or a DVS-registered person of a prescribed description before or during the course of a residential tenancy agreement;

(c) take steps to verify, retain, copy or record the content of a document obtained in accordance with the order , including steps involving the use of services provided by a DVS-registered person or a DVS-registered person of a prescribed description;

(d) take such other steps before or during the course of a residential tenancy agreement as the order may specify.

(1A) An order prescribing requirements for the purposes of this Chapter which contains provision described in subsection (1)(a) or (b) may, in particular—

(a) prescribe a document generated by a DVS-registered person or a DVS-registered person of a prescribed description;

(b) prescribe a document which was provided to such a person in order to generate such a document.

(1B) In subsections (1) and (1A), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data (Use and Access) Act 2025 (“the DVS register”).

(1C) An order prescribing requirements for the purposes of this Chapter which prescribes a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to prescribed services (see section 36 of the Data (Use and Access) Act 2025).

(2) If the draft of an instrument containing an order under or in connection with this Chapter would, apart from this subsection, be a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

Transitional provision

35

(1) This Chapter does not apply in relation to a residential tenancy agreement entered into before the commencement day.

(2) This Chapter does not apply in relation to a residential tenancy agreement entered into on or after the commencement day (“the renewed agreement”) if—

(a) another residential tenancy agreement was entered into before the commencement day between the same parties (“the original agreement”), and

(b) the tenant has always had a right of occupation of the premises leased under the renewed agreement since entering into the original agreement.

(3) In this section “the commencement day” means such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or areas.

(4) References in this section to this Chapter do not include sections 33A to 33E (offences and eviction).

(5) Sections 33A to 33C apply in relation to a residential tenancy agreement entered into before or after the coming into force of section 39 of the Immigration Act 2016 (which inserted those sections into this Act).

(6) But sections 33A(10) and (11) and 33B apply only in relation to a contravention of section 22 which occurs after the coming into force of section 39 of the Immigration Act 2016.

(7) Sections 33D and 33E apply in relation to a residential tenancy agreement entered into before or after the coming into force of section 40 of the Immigration Act 2016 (which inserted those sections into this Act).

Crown application

36

This Chapter binds the Crown, except where the Crown is the responsible landlord for the purposes of section 23 or the landlord for the purposes of section 33A.

Interpretation

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(1) In this Chapter—

“adult” means a person who has attained the age of 18;

“agreement” includes an agreement in any form (whether or not in writing);

“eligibility period”, in relation to a limited right occupier, is to be read in accordance with section 27;

“limited right occupier” has the meaning given in section 24(9);

“occupy” means occupy as an only or main residence;

“penalty notice” means a penalty notice given under this Chapter;

“person with a limited right to rent” has the meaning given in section 21(4);

“post-grant contravention” has the meaning given in section 22(10);

“pre-grant contravention” has the meaning given in section 22(10);

“premises” includes land, buildings, moveable structures, vehicles and vessels;

“prescribed” means prescribed in an order made by the Secretary of State;

“recipient” means the recipient of a penalty notice;

“relevant occupier” has the meaning given in section 22(10);

“residential tenancy agreement” has the meaning given in section 20(2).

(2) For the purposes of this Chapter a residential tenancy agreement grants a person a right to occupy premises if—

(a) the agreement expressly grants that person the right (whether or not by naming the person), or

(b) the person is permitted to occupy the premises by virtue of an express grant given to another person,

and references to a person occupying premises under an agreement are to be read accordingly.

(3) A reference in this Chapter to the “prescribed requirements”, in connection with compliance with the requirements at a particular time, is a reference only to such of the requirements as are capable of being complied with at that time.

(4) Where two or more persons jointly constitute the landlord in relation to a residential tenancy agreement—

(a) the references to the landlord in—

(i) section 22(7)(a),

(ii) section 24(5), (6)(a) and (7), ...

(iii) section 26(6)(a) and (7)(b),

(iv) section 33A,

(v) section 33D, and

(vi) section 33E,

are to be taken as references to any of those persons;

(b) any other references to the landlord in this Chapter are to be taken as references to all of those persons.

(5) Where two or more persons jointly constitute the agent in relation to a residential tenancy agreement—

(a) the references to the agent in section 26(5), (6)(a) and (7) are to be taken as references to any of those persons;

(b) any other references to the agent in this Chapter are to be taken as references to all of those persons.

(6) The Secretary of State may by order prescribe cases in which—

(a) a residential tenancy agreement is, or is not, to be treated as being entered into for the purposes of this Chapter;

(b) a person is, or is not, to be treated as occupying premises as an only or main residence for the purposes of this Chapter.

(7) An order under subsection (6) prescribing a case may modify the application of this Chapter in relation to that case.

(8) The cases mentioned in subsection (6)(a) include, in particular, cases where—

(a) an option to renew an agreement is exercised;

(b) rights of occupation under an agreement are varied;

(d) a periodic tenancy arises at the end of a fixed term;

(e) an agreement grants a right of occupation on satisfaction of a condition;

(f) there is a change in the persons in occupation of the premises leased under an agreement or in the circumstances of any such person.

CHAPTER 2 — Other services etc

National Health Service

Immigration health charge

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(1) The Secretary of State may by order provide for a charge to be imposed on—

(a) persons who apply for immigration permission, or

(b) any description of such persons.

(2) “Immigration permission” means—

(a) leave to enter or remain in the United Kingdom for a limited period,

(b) entry clearance which, by virtue of provision made under section 3A(3) of the Immigration Act 1971, has effect as leave to enter the United Kingdom for a limited period, or

(c) any other entry clearance which may be taken as evidence of a person's eligibility for entry into the United Kingdom for a limited period.

(3) An order under this section may in particular—

(a) impose a separate charge on a person in respect of each application made by that person;

(b) specify the amount of any charge (and different amounts may be specified for different purposes);

(d) make provision about the consequences of a person failing to pay a charge (including provision for the person's application to be refused);

(e) provide for exemptions from a charge;

(f) provide for the reduction, waiver or refund of part or all of a charge (whether by conferring a discretion or otherwise).

(4) In specifying the amount of a charge under subsection (3)(b) the Secretary of State must (among other matters) have regard to the range of health services that are likely to be available free of charge to persons who have been given immigration permission.

(5) Sums paid by virtue of an order under this section must—

(a) be paid into the Consolidated Fund, or

(b) be applied in such other way as the order may specify.

(6) In this section—

“entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971;

“health services” means services provided as part of the health service in England, Wales, Scotland and Northern Ireland;

and the references to applying for leave to enter or remain for a limited period include references to applying for a variation of leave to enter or remain which would result in leave to enter or remain for a limited period.

39

(1) A reference in the NHS charging provisions to persons not ordinarily resident in Great Britain or persons not ordinarily resident in Northern Ireland includes (without prejudice to the generality of that reference) a reference to—

(a) persons who require leave to enter or remain in the United Kingdom but do not have it, and

(b) persons who have leave to enter or remain in the United Kingdom for a limited period unless that leave was granted by virtue of residence scheme immigration rules.

(2) The “NHS charging provisions” are—

(a) section 175 of the National Health Service Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);

(b) section 124 of the National Health Service (Wales) Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);

(c) section 98 of the National Health Service (Scotland) Act 1978 (charges in respect of persons not ordinarily resident in Great Britain);

(d) Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provision of services to persons not ordinarily resident in Northern Ireland).

(3) For the purposes of subsection (1) “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

Bank accounts

Prohibition on opening current accounts for disqualified persons

40

(1) A bank or building society (B) must not open a current account for a person (P) who is within subsection (2) unless—

(a) B has carried out a status check which indicates that P is not a disqualified person, or

(b) at the time when the account is opened B is unable, because of circumstances that cannot reasonably be regarded as within its control, to carry out a status check in relation to P.

(2) A person is within this subsection if he or she—

(a) is in the United Kingdom, and

(b) requires leave to enter or remain in the United Kingdom but does not have it.

(3) For the purposes of this section—

(a) carrying out a “status check” in relation to P means checking with a specified anti-fraud organisation or a specified data-matching authority whether, according to information supplied to that organisation or authority by the Secretary of State, P is a disqualified person;

(b) a “disqualified person” is a person within subsection (2) for whom the Secretary of State considers that a current account should not be opened by a bank or building society;

(i) opening a joint account for P and others;

(ii) opening an account in relation to which P is a signatory or is identified as a beneficiary;

(iii) adding P as an account holder or as a signatory or identified beneficiary in relation to an account.

(4) In subsection (3)(a)—

“anti-fraud organisation” has the same meaning as in section 68 of the Serious Crime Act 2007;

“data-matching authority” means a person or body conducting data matching exercises, within the meaning of Schedule 9 to the Local Audit and Accountability Act 2014, under or by virtue of that or any other Act;

“specified” means specified by an order made by the Secretary of State for the purposes of this section.

(5) Subsection (1)(b) does not apply where—

(a) a bank or building society is required to pay a reasonable fee for carrying out status checks, and

(b) its inability to carry out a status check is due to its failure to pay the fee.

(6) A bank or building society that refuses to open a current account for someone on the ground that he or she is a disqualified person must tell the person, if it may lawfully do so, that that is the reason for its refusal.

(7) The prohibition in subsection (1) does not apply in the case of an account to be operated (or an account that is operated) by or for a person or body of a description specified in an order made by the Treasury.

Regulation by Financial Conduct Authority

41

(1) The Treasury may make regulations to enable the Financial Conduct Authority to make arrangements for monitoring and enforcing compliance with the prohibition imposed on banks and building societies by section 40 and the requirements imposed on them by sections 40A, 40B and 40G .

(2) The regulations may (in particular)—

(a) provide for the Financial Conduct Authority to be given free access to the information to which banks and building societies are given access when carrying out status checks under section 40 or immigration checks under section 40A ;

(b) apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000, including in particular those mentioned in subsection (3), with or without modification.

(3) The provisions are—

(a) provisions about investigations, including powers of entry and search and criminal offences;

(b) provisions for the grant of an injunction (or, in Scotland, an interdict) in relation to a contravention or anticipated contravention;

(c) provisions giving the Financial Conduct Authority powers to impose disciplinary measures (including financial penalties) or to give directions;

(d) provisions giving a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or the Financial Conduct Authority powers to make subordinate legislation;

(e) provisions for the Financial Conduct Authority to charge fees.

“Bank” and “building society”

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(1) In sections 40 to 41 “bank” means an authorised deposit-taker that has its head office or a branch in the United Kingdom.

This is subject to subsection (4).

(2) In subsection (1) “authorised deposit-taker” means—

(a) a person who under Part 4A of the Financial Services and Markets Act 2000 has permission to accept deposits;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A reference in subsection (2) to a person ... with permission to accept deposits does not include a person ... with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.

(4) “Bank” does not include—

(a) a building society;

(b) a person who is specified, or is within a class of persons specified, by an order under section 38 of the Financial Services and Markets Act 2000 (exemption orders);

(c) a credit union within the meaning given by section 31(1) of the Credit Unions Act 1979 or by Article 2(2) of the Credit Unions (Northern Ireland) Order 1985;

(d) a friendly society within the meaning given by section 116 of the Friendly Societies Act 1992.

(5) In sections 40 to 41 , and in subsection (4), “building society” means a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986.

Power to amend

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(1) The Treasury may by order amend any of sections 40 to 42 so as—

(a) to alter the categories of financial institution to which those sections apply;

(b) to alter the categories of account to which the prohibition in section 40(1) or the requirement in section 40A(1) applies;

(d) to provide for the prohibition in section 40(1) not to apply in the case of an account to be operated (or an account that is operated) by or for a person or body of a specified description.

(2) An order under subsection (1) may amend a section so that it provides for a matter to be specified in a further order to be made by the Treasury.

(3) In subsection (1) “account” includes a financial product by means of which a payment may be made.

Work

Appeals against penalty notices

44

In section 17 of the Immigration, Asylum and Nationality Act 2006 (appeal), for subsections (4) and (5) substitute—

(4A) An appeal may be brought only if the employer has given a notice of objection under section 16 and the Secretary of State— (a) has determined the objection by issuing to the employer the penalty notice (as a result of increasing the penalty under section 16(4)(c)), (b) has determined the objection by— (i) reducing the penalty under section 16(4)(b), or (ii) taking no action under section 16(4)(d), or (c) has not informed the employer of a decision before the end of the period that applies for the purposes of section 16(5)(b). (4B) An appeal must be brought within the period of 28 days beginning with the relevant date. (4C) Where the appeal is brought under subsection (4A)(a), the relevant date is the date specified in the penalty notice issued in accordance with section 16(5)(c) as the date on which it is given. (4D) Where the appeal is brought under subsection (4A)(b), the relevant date is the date specified in the notice informing the employer of the decision for the purposes of section 16(5)(b) as the date on which it is given. (4E) Where the appeal is brought under subsection (4A)(c), the relevant date is the date on which the period that applies for the purposes of section 16(5)(b) ends.

Recovery of sums payable under penalty notices

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In section 18 of the Immigration, Asylum and Nationality Act 2006 (enforcement), for subsections (1) and (2) substitute—

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