Legislation – Illegal Migration Act 2023

SCHEDULES

Schedule 1 Countries or territories to which a person may be removed

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Changes to legislation:

There are currently no known outstanding effects for the Illegal Migration Act 2023, Section 10.

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Duty to make arrangements for removal

10Other consequential amendments relating to removal

(1)

The Immigration Act 1971 is amended in accordance with subsections (2) to (4).

(2)

In section 24(1) (illegal entry and similar offences), after paragraph (f) insert—

“(fa)

if the person disembarks in the United Kingdom from a ship, aircraft, train or vehicle after being placed on board under section 8(11) of the Illegal Migration Act 2023 with a view to the person’s removal from the United Kingdom;”.

(3)

In section 27(1) (offences by persons connected with ships or aircraft)—

(a)

after paragraph (a) insert—

“(aa)

if, being the captain of a ship or aircraft, the train manager of a train or the driver of a vehicle, the person knowingly permits a person to disembark in the United Kingdom when required under section 8(12)(a) of the Illegal Migration Act 2023 to prevent it;”, and

(b)

after paragraph (b) insert—

“(ba)

if, as owner or agent of a ship, aircraft, train or vehicle, the person fails, without reasonable excuse, to make arrangements for or in connection with the removal of a person from the United Kingdom when required to do so by directions given under section 8(8) or (9) of the Illegal Migration Act 2023;”.

(4)

In Schedule 2 (administrative provisions as to control on entry etc), after paragraph 11 insert—

“11A

Paragraphs 8 to 10 do not apply to a person if—

(a)

the Secretary of State is required by section 2(1) of the Illegal Migration Act 2023 to make arrangements for the removal of the person from the United Kingdom, or

(b)

the Secretary of State may make arrangements for the removal of the person from the United Kingdom under section 4(2) of that Act,

but see section 8 of that Act.”

(5)

The Immigration and Asylum Act 1999 is amended in accordance with subsections (6) and (7).

(6)

In section 10 (removal of persons unlawfully in the United Kingdom), after subsection (11) insert—

“(12)

This section does not apply to a person if—

(a)

the Secretary of State is required by section 2(1) of the Illegal Migration Act 2023 to make arrangements for the removal of the person from the United Kingdom, or

(b)

the Secretary of State may make arrangements for the removal of the person from the United Kingdom under section 4(2) of that Act,

but see section 8 of that Act.”

(7)

In section 156(1)(b) (arrangements for the provision of escorts and custody), for “or this Act” substitute “, this Act or the Illegal Migration Act 2023”.

(8)

In section 80A of the Nationality, Immigration and Asylum Act 2002 (claims by nationals of listed safe States), after subsection (5) insert—

“(5A)

This section does not apply to a person who meets the four conditions in section 2 of the Illegal Migration Act 2023 (duty to make arrangements for removal).”

(9)

In Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe country)—

(a)

in paragraph 3, after sub-paragraph (2) insert—

“(3)

This paragraph does not apply for the purposes of determining whether a person who has made an asylum claim or a human rights claim may be removed from the United Kingdom to a State of which the person is not a national or citizen if—

(a)

the Secretary of State is required by section 2(1) of the Illegal Migration Act 2023 to make arrangements for the removal of the person from the United Kingdom, or

(b)

the Secretary of State may make arrangements for the removal of the person from the United Kingdom under section 4(2) of that Act,

but see section 6 of that Act.”;

(b)

in paragraph 8, after sub-paragraph (2) insert—

“(3)

This paragraph does not apply for the purposes of determining whether a person who has made an asylum claim may be removed from the United Kingdom to a State of which the person is not a national or citizen if—

(a)

the Secretary of State is required by section 2(1) of the Illegal Migration Act 2023 to make arrangements for the removal of the person from the United Kingdom, or

(b)

the Secretary of State may make arrangements for the removal of the person from the United Kingdom under section 4(2) of that Act,

but see section 6 of that Act.”;

(c)

in paragraph 13, after sub-paragraph (2) insert—

“(3)

This paragraph does not apply for the purposes of determining whether a person who has made an asylum claim may be removed from the United Kingdom to a State of which the person is not a national or citizen if—

(a)

the Secretary of State is required by section 2(1) of the Illegal Migration Act 2023 to make arrangements for the removal of the person from the United Kingdom, or

(b)

the Secretary of State may make arrangements for the removal of the person from the United Kingdom under section 4(2) of that Act,

but see section 6 of that Act.”