New Clause 29 - Interpretation of Part etc

Nationality and Borders Bill – in a Public Bill Committee at 11:30 am on 4th November 2021.

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“(1) In this Part, ‘age-disputed person’ means a person—

(a) who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given), and

(b) in relation to whom—

(i) a local authority,

(ii) a public authority specified in regulations under section (Persons subject to immigration control: referral or assessment by local authority etc)(1)(b), or

(iii) the Secretary of State,

has insufficient evidence to be sure of their age.

(2) In this Part—

s‘decision-maker’ means a person who conducts an age assessment under section (Persons subject to immigration control: referral or assessment by local authority etc) or (Persons subject to immigration control: assessment for immigration purposes);

‘designated person’ means an official of the Secretary of State who is designated by the Secretary of State to conduct age assessments under section (Persons subject to immigration control: referral or assessment by local authority etc) or (Persons subject to immigration control: assessment for immigration purposes);

‘immigration functions’ means functions exercisable by virtue of the Immigration Acts;

‘immigration officer’ means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

‘local authority’—

(a) in relation to England and Wales, means a local authority within the meaning of the Children Act 1989 (see section 105(1) of that Act),

(b) in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and

(c) in relation to Northern Ireland, means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));

‘public authority’ means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;

‘specified scientific method’ means a method used for assessing a person’s age which is specified in regulations under section (Use of scientific methods in age assessments)(1).

(3) In this Part, ‘relevant children’s legislation’ means—

(a) in relation to a local authority in England, any provision of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families; care and supervision; protection of children);

(b) in relation to a local authority in Wales, Scotland or Northern Ireland, any statutory provision (including a provision passed or made after the coming into force of this Part) that confers a corresponding function on such an authority.

(4) In subsection (3)—

‘corresponding function’ means a function that corresponds to a function conferred on a local authority in England by or under Part 3, 4 or 5 of the Children Act 1989;

‘statutory provision’ means a provision made by or under—

(a) an Act,

(b) an Act of the Scottish Parliament,

(c) an Act or Measure of Senedd Cymru, or

(d) Northern Ireland legislation.

(5) In section 94 of the Immigration and Asylum Act 1999 (support for asylum-seekers: interpretation), for subsection (7) substitute—

‘(7) For further provision as to the conduct of age assessments, which applies for the purposes of this Part, see Part 3A of the Nationality and Borders Act 2021.’”—

This new clause, together with amendments NC30 to NC37, will form a new Part (to be inserted between Parts 3 and 4) on age assessments. This clause defines various terms used in the new Part, in particular the term “age-disputed person”, which governs the persons to whom the provisions on age assessments will apply.

Brought up, and read the First and Second time.

Question put, That the clause be added to the Bill.

Division number 61 Nationality and Borders Bill — New Clause 29 - Interpretation of Part etc

Aye: 10 MPs

No: 6 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

The Committee divided: Ayes 10, Noes 6.

Question accordingly agreed to.

New clause 29 added to the Bill.