Proposed amendments
414 amendments across 77 provisions
Clause 1 3
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The Secretary of State must not charge a fee for the processing of applications under this section.”
Clause 2 3
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The Secretary of State must not charge a fee for the processing of applications under this section.”
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The Secretary of State must not charge a fee for the processing of applications under this section.”
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The Secretary of State must not charge a fee for the processing of applications under this section.”
Clause 3 3
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The Secretary of State must not charge a fee for the processing of applications under this section.”
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Section 41A (registration: requirement to be of good character) of that Act is repealed.”
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Clause 4 3
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“Provision for Chagos Islanders to acquire British nationality
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Provision for Chagos Islanders to acquire British nationality
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Clause 6 2
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“Registration as a British citizen or British overseas territories citizen: fees
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Clause 7 12
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In section 1 (acquisition by birth or adoption), in subsection (5)—
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In section 1 (acquisition by birth or adoption), in subsection (5)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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The Secretary of State must not charge a fee for the processing of applications under this section.”
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The Secretary of State must not charge a fee for the processing of applications under this section.”
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Guidance
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After section 23 (citizens of UK and Colonies who are to become British overseas territories citizens at commencement), insert—
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Clause 8 2
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Schedule 1 also amends the British Nationality Act 1981 to allow the Secretary of State to treat a person who has indefinite leave to enter or remain as meeting certain residence requirements in relation to an application for citizenship under those sections.”
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in section 41(4), for “that section” substitute “section 41 of the British Nationality Act 1981 (regulations)”.”
Clause 9 13
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the Secretary of State reasonably considers it necessary, in the interests of—
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Subsection (5D) applies where—
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after subsection (2) insert—
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After Schedule 4 to the 1981 Act insert the Schedule 4A set out in Schedule 1A.”
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“Deprivation of citizenship
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“Duration between Secretary of State’s reviews of deprivation power
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“Deprivation of citizenship: procedure
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Clause 10 10
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“Repeal of power to deprive citizenship except for cases of fraud etc.
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“Acquisition of British citizenship by birth or adoption: comprehensive sickness insurance
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in all the circumstances, it would be in the best interests of the child for it to acquire the nationality in question.”
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“Repeal of power to deprive citizenship except for cases of fraud etc.
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“Right to appeal deprivation of citizenship to a Tribunal
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“Acquisition of British citizenship by birth or adoption: comprehensive sickness insurance
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“European Convention on Nationality
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Clause 11 26
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“Compliance with the Refugee Convention
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“Smuggling
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For the purposes of subsection (2)(b), the following will be regarded as having presented themselves “without delay”—
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In determining whether a refugee has shown good cause within subsection (3), particular regard must be had to any protected characteristic of the refugee, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable.”
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Notwithstanding section 3(2) of the Immigration Act 1971, any statement of immigration rules made under the power in subsection (8) must be approved by a resolution of each House of Parliament before coming into force.”
Clause 12 14
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In section 16 of the Nationality, Immigration and Asylum Act 2002 (establishment of centres), at end insert—
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“Changes to the Immigration Act 1971
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“Review of the well-being of refugees and asylum seekers
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In section 16 of the Nationality, Immigration and Asylum Act 2002 (Establishment of centres), after subsection 2 insert—
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In section 16 of the Nationality, Immigration and Asylum Act 2002 (Establishment of centres), at end insert—
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Omit section 36 of that Act (Education: general).”
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Any accommodation provided to a refugee pursuant to this section must be provided in the United Kingdom, must be consistent with the European Convention on Human Rights and must be such as is appropriate for the safety and welfare of that refugee having particular regard to any protected characteristic asserted by the refugee, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable.”
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In section 30 of that Act (conditions of residence), for subsection (3) substitute—
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In section 38 of that Act (local authority), after subsection (2) insert—
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“Asylum seekers’ right to work
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Changes to the Immigration Act 1971
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“Prescribed period under section 94(3) of the Immigration and Asylum Act 1999
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Clause 13 1
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Clause 14 2
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fails to protect its nationals, including in particular those who have a protected characteristic within the meaning of Chapter 1 of Part 2 of the Equality Act 2010 which is innate or immutable, from persecution by third parties who are not agents of the member State.”
Clause 15 18
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“Safe third State: commencement
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there is not a real risk that the claimant will experience in that State—
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there are in law and in practice—
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An asylum claim may not be declared inadmissible, and an asylum claim that has been declared inadmissible must nevertheless be considered under the immigration rules—
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in the absence of a formal, legally binding and public readmission agreement between the United Kingdom and the State to which the person has a connection,
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if a family member of the claimant has been granted refugee status or humanitarian protection,”
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For the purposes of section (7) a family member is—
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has been granted refugee status or another protective status in the safe third State that is inclusive of the rights and obligations set out at Articles 2 to 34 of the 1951 Convention, and
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Clause 16 1
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“Inadmissibility to the asylum system for those entering the United Kingdom without permission
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Clause 17 6
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The Secretary of State may not serve an evidence notice on a person who—
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The specified date must be such as will reasonably give adequate time for the collection, preparation and provision of evidence in support of the claim, and must take into account any protected characteristic asserted by the recipient of the evidence notice, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable.”
Clause 18 6
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This section also applies to failure by the claimant to produce identifying documents when entering the United Kingdom or when intercepted in the territorial waters of the United Kingdom.”
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what it considers to be the reasons for the behaviour,”
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In determining whether there are good reasons why the evidence was provided late, account must be taken of any protected characteristic asserted by the claimant, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable.”
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This section also applies to failure by the claimant to produce identifying documents when entering the United Kingdom or when intercepted in the territorial waters of the United Kingdom.”
Clause 19 2
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The PRN cut-off date must be such as will reasonably give adequate time for the collection, preparation and provision of the matters in subsection (3)(a) and must take into account any protected characteristic asserted by the PRN recipient, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable.”
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Clause 20 2
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Clause 21 5
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For the purposes of subsection (4) “good reasons” include, but are not limited to—
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In determining whether there are good reasons for the late provision of the material, there must be taken into account any protected characteristic asserted by the PRN recipient, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable.”
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A deciding authority must not take into account the late provision of the material as damaging the PRN recipient’s credibility where to do so would be unfair in all the circumstances.”
Clause 22 3
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In considering whether there are good reasons within subsection (2), the Secretary of State must take into account any protected characteristic asserted by P, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable.”
Clause 23 1
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Clause 24 3
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Clause 25 5
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The deciding authority must treat evidence provided late as provided late for good reason where the applicant is a child, or where it is reasonable to attribute its lateness to the applicant's experience of, but not limited to —
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The deciding authority must accept that there are good reasons why the evidence was provided late where—
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A deciding authority must not take into account the late provision of evidence in considering the weight to be given to it where to do so would be unfair in all the circumstances.”
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In considering whether there are good reasons within subsection (2), the Secretary of State must take into account any protected characteristic asserted by the claimant, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable.”
Clause 26 4
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any relevant appeal brought in relation to the decision would be likely to be disposed of expeditiously; and
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The Secretary of State may not give any such certification if the appellant claims to have a protected characteristic, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable, and that the characteristic is relevant to the appeal.”
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Clause 27 1
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Clause 28 4
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Clause 29 1
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Clause 31 8
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if the asylum seeker were returned to their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence)—
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Clause 32 4
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Clause 33 1
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Clause 34 1
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Clause 35 1
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Clause 36 7
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In determining the issues of reasonable expectation under subsection (1) and what was reasonably practicable under subsections (2)(a) and (b)(ii), particular regard must be had to any protected characteristic asserted by the refugee, within the meaning of Chapter 1 of Part 2 of the Equality Act 2010, which is innate or immutable.”
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Clause 37 23
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“Refugee family reunion
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“Immigration Rules: entry to seek asylum and join family
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“Refugee resettlement schemes
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“Emergency visas
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“Conditions for grant of asylum: cases of genocide
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“Refugees and people smuggling
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“Six month target for asylum decisions
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“Resettlement: Ukraine
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“Refugee family reunion
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“Family reunion and resettlement: unaccompanied minors
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“International co-operation on family reunion arrivals and safe returns
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“Unaccompanied refugee children: relocation and support
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“Refugee resettlement
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“Immigration Rules: entry to seek asylum and join family
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“Humanitarian visa
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“Right of appeal against humanitarian visa refusal
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“Conditions for grant of asylum: cases of genocide
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“Emergency visas
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“Codes of practice: procedure
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“Codes of practice
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“United Kingdom resettlement scheme
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Clause 39 11
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“Secure reporting for victims of crime
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In section 31(3) of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention), after paragraph (aa) insert—
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“Guidance on security of reporting for victims of crime
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Clause 40 7
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“, or if the person performing the act of facilitation reasonably believed that, if Her Majesty’s Coastguard or the overseas authority had been aware that the assisted individual was in danger or distress at sea, they would have co-ordinated the act.”
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The master of a ship does not commit a facilitation offence if the act of facilitation was an act done in response to—
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“or if the person performing the act of facilitation reasonably believed that if Her Majesty’s Coastguard or the overseas authority had been aware that the assisted individual had been in danger or distress at sea they would have co-ordinated the act.”
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Clause 41 2
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“Advertising assistance for unlawful immigration to the United Kingdom
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“Advertising assistance for unlawful immigration to the United Kingdom
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Clause 42 1
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Clause 44 6
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Clause 45 5
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Nothing in this section, or in sections 10A to 10E, permits a person to be removed from the United Kingdom if that removal would violate their common law right to access justice.”
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Clause 47 7
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“Immigration rules since December 2020: report on effects
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“Requirement for the Secretary of State to waive the full capacity requirement
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“Victims of domestic abuse: data-sharing for immigration purposes
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“Operational efficiency
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“Overstayers
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Clause 48 1
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Clause 49 4
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Clause 50 2
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Clause 51 4
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A method may not be specified in regulations under subsection (1) unless it is considered accurate, appropriate and ethical by the relevant medical, dental and scientific professional bodies.”
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Clause 52 2
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Clause 53 2
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Clause 54 1
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Clause 55 1
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Clause 56 7
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“Age assessments for age-disputed persons: initial assessments of undetermined age
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“Age assessments: restrictions
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“Age assessments for age-disputed persons: initial assessments of undetermined age
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“Trade agreements containing provisions on visas
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“Review of Part 4
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“Age assessments: restrictions
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Clause 57 3
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The Secretary of State may not serve a slavery or trafficking information notice on any person who—
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Clause 58 6
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the person was 18 or over at the time of the incident or incidents in respect of which the slavery or trafficking information notice was issued,”
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For the purposes of subsection (2) “good reasons” include, but are not limited to—
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This section does not apply to —
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Clause 59 5
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Guidance issued under subsection (1) must, in particular, provide that the determination mentioned in paragraph (c) is to be made on the standard of “suspect but cannot prove”.”
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If regulations under subsection (2) make provision for determining whether a person is a victim of slavery or human trafficking (as mentioned in paragraph (a) of that subsection), they must provide that the determination is to be made on the standard of “suspect but cannot prove”.”
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If regulations under subsection (2) make provision for determining whether a person is a victim of slavery or human trafficking (as mentioned in paragraph (a) of that subsection), they must provide that the determination is to be made on the standard of “suspect but cannot prove”.”
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Guidance issued under subsection (1) must, in particular, provide that the determination mentioned in paragraph (c) is to be made on the standard of “suspect but cannot prove”.”
Clause 60 1
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Clause 61 3
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the person was aged 18 or over at the time of the circumstances which gave rise to the first RG decision;”
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Clause 62 15
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“Identified potential victims etc: disqualification from protection
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No determination may be made under subsection (1) in respect of a child.”
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Where a person receives a positive reasonable grounds determination from the competent authority, the competent authority must make a conclusive grounds decision regardless of whether subsection (1) or (2) applies.”
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For the purposes of subsection (1)(a), a person is not a threat to public order for any reason related to conduct that that person was compelled to do as a victim of slavery or human trafficking.”
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“Identified potential victims etc: disqualification from protection
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Clause 63 4
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If a person is receiving assistance and support under subsection (1) or (4), the Secretary of State must continue to secure tailored assistance and support for that person at the end of the recovery period if they are in need of that assistance and support in accordance with subsection (5B).
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Meaning of assistance and support
Clause 64 8
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“Conclusive grounds: support and leave to remain for victims of slavery or human trafficking
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“Slavery and human trafficking: victims aged under 18 years
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The Secretary of State must grant the person limited leave to remain in the United Kingdom where the person is being provided with support and assistance under section 50A(5B) of the Modern Slavery Act 2015 or where subsection (1B) applies.
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The Secretary of State must grant the person limited leave to remain in the United Kingdom for the period—
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If the person is aged 17 or younger at the point of referral into the National Referral Mechanism, the Secretary of State must give the person leave to remain in the United Kingdom if that is in the person’s best interests as a primary consideration.”
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The best interests of the child must be a primary consideration when making decisions under this section in respect of a child.”
Clause 65 1
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“Civil legal aid under section 9 of LASPO: add-on services in relation to the national referral mechanism
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Clause 66 1
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Clause 67 5
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“Migrant domestic workers
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This section may not come into force until the Secretary of State has conducted a review of the impact of subsection (1) and laid a copy of the review before Parliament.
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“Victim navigators
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Migrant domestic workers
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Report on modern slavery and human trafficking
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Clause 69 11
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“Visa penalties under section (Visa penalties for countries posing risk to international peace and security etc): review and revocation
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“Visa penalties for countries posing risk to international peace and security etc
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“Visa penalty provision: general
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Clause 70 4
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“visa penalty provision” has the same meaning as in section (Visa penalty provision: general);”
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Clause 71 3
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the individual is travelling to Northern Ireland on a local journey from the Republic of Ireland.”
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the individual is travelling to Northern Ireland on a local journey from the Republic of Ireland.”
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Rules made by virtue of this section must not be brought into force until the Secretary of State has reported to both Houses of Parliament on how the proposed rules will operate, including with respect to—
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Clause 74 1
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Clause 76 2
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Clause 77 5
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Clause 78 33
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“Tier 1 (investor) visas: review report
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“British National (Overseas) visas: eligibility
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“Indefinite leave to remain payments by Commonwealth, Hong Kong and Gurkha members of armed forces
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“Veterans of Her Majesty’s Armed Forces: Hong Kong
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“UK immigration status: certification
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Duty to publish immigration data
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“Duty to publish immigration data: English Channel
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“Trade agreements containing provisions on visas
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“Fees
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“Fees
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“Codes of practice
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“Afghan Relocations and Assistance Policy
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“Assessments: trauma-informed approach
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The Secretary of State must consult such persons as are appropriate during the period of six months following publication and shall report the result of the consultation to Parliament.”
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The Secretary of State must consult with such persons as the Secretary of State considers appropriate before making regulations under this section.”
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“Afghan Citizens Resettlement Scheme
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Indefinite leave to remain payments by Commonwealth, Hong Kong and Gurkha members of armed forces
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“British National (Overseas) visas: eligibility
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“UK immigration status: certification
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“Immigration health surcharge: exemption for international volunteers
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“Compatibility with Refugee Convention
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“Tier 1 (investor) visas: suspension
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“Consultation on citizenship
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“Veterans of Her Majesty’s Armed Forces: Hong Kong
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“Birthright commitment under the Belfast (Good Friday) Agreement 1998
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“Time limit on immigration detention
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“Initial detention: criteria and duration
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“Bail hearings
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“Prohibition on private places of detention
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“Persons in the UK without leave: duty to report
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“Duty to publish immigration data
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“Afghan relocation and assistance
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Clause 80 1
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Clause 82 2
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Part 4 (age assessment) applies to England only.”
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Sections 57, 58, 60, 61, 62 and 67 extend to England and Wales, and Scotland.”
Clause 83 5
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sections (Visa penalty provision: general), (Visa penalties for countries posing risk to international peace and security etc) and (Visa penalties under section (Visa penalties for countries posing risk to international peace and security etc): review and revocation) (visa penalties in relation to countries posing a risk to international peace and security etc);”
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section (Safe third State: commencement) (safe third State: commencement);”
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The Secretary of State may not make regulations to bring section 15 into force until such a time as the United Kingdom has agreed formal returns agreements with one or more third states. ”
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Paragraph 1 of Schedule 3 and section 28 so far as it relates to that paragraph (removal of asylum seeker to safe country) must not come into force until the following requirements are met—
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Schedule 1 10
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Section 4 (acquisition by registration: British overseas territories citizens etc) is amended as follows.
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After subsection (4) insert—
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after that sub-paragraph insert—
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In paragraph 4, in paragraph (a)—
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the existing text becomes sub-paragraph (1);”
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after that sub-paragraph insert—
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In paragraph 8, in paragraph (a)—
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“SCHEDULE 1A
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Schedule 2 1
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Schedule 3 7
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The Secretary of State must arrange for the transfer to and entry into the United Kingdom of any person removed to, or required to leave to go to, a State falling within subsection (2B) who subsequently is recognised as a refugee.”
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Schedule 4 3
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Schedule 6 10
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The powers set out in this Part of this Schedule must not be used in a manner or in circumstances that could endanger life at sea.”
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Nothing in this paragraph authorises any action or measure which is inconsistent with the United Kingdom’s international legal obligations.”
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Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part A1 powers in relation to the ship.”
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includes every description of vessel (including a hovercraft) used in navigation, but
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The powers set out in this Part of this Schedule must not be used in a manner or in circumstances that could endanger life at sea.”
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Nothing in this paragraph authorises any action or measure which is inconsistent with the United Kingdom's international legal obligations.”
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Force must not be used in a manner or in circumstances that could endanger life at sea.”
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The Home Office, rather than an individual officer, is liable in civil proceedings for anything done in the purported performance of functions under this Part of this Schedule.”