Borders, Citizenship and Immigration Act 2009

JurisdictionUK Non-devolved
Citation2009 c. 11


Borders, Citizenship and Immigration Act 2009

2009 Chapter 11

An Act to provide for customs functions to be exercisable by the Secretary of State, the Director of Border Revenue and officials designated by them; to make provision about the use and disclosure of customs information; to make provision for and in connection with the exercise of customs functions and functions relating to immigration, asylum or nationality; to make provision about citizenship and other nationality matters; to make further provision about immigration and asylum; and for connected purposes.

[21st July 2009]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Border functions

Part 1

Border functions

General customs functions of the Secretary of State

General customs functions of the Secretary of State

S-1 General customs functions of the Secretary of State

1 General customs functions of the Secretary of State

(1) The functions of the Commissioners for Her Majesty's Revenue and Customs that are exercisable in relation to general customs matters are exercisable by the Secretary of State concurrently with the Commissioners.

(2) For the purposes of this Part, a "general customs matter" is a matter in relation to which the Commissioners, or officers of Revenue and Customs, have functions, other than—

(a) a matter listed in Schedule 1 to the Commissioners for Revenue and Customs Act 2005 (c. 11) ,

(b) any tax, duty or levy not mentioned in that Schedule,

(c) a matter in respect of which functions were transferred to the Commissioners from the Paymaster General under the Transfer of Functions (Office of Her Majesty's Paymaster General) Order 2006 (S.I. 2006/607 ),

(d) the subject matter of Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (as amended from time to time), and

(e) the subject matter of Regulation (EC) No 1781/2006 on information on the payer accompanying transfers of funds (as amended from time to time).

(3) If a function is exercisable by the Commissioners—

(a) in relation to a general customs matter, and

(b) in relation to any other matter,

the function is exercisable by the Secretary of State in relation to the general customs matter only.

(4) So far as is appropriate for the purposes of or in connection with this section, references to the Commissioners for Her Majesty's Revenue and Customs, or to Her Majesty's Revenue and Customs, in an enactment, instrument or document to which this section applies are to be construed as including a reference to the Secretary of State.

(5) References in this section (other than in subsection (8))—

(a) to functions of the Commissioners are to functions conferred by an enactment to which this section applies;

(b) to functions of officers of Revenue and Customs are to functions conferred by an enactment to which section 3 (designation of general customs officials) applies.

(6) This section applies to—

(a) an enactment passed or made before the end of the session in which this Act is passed, and

(b) an instrument or document issued before the passing of this Act.

(7) This includes—

(a) section 5(2)(b) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (Commissioners' initial functions),

(b) section 9 of that Act (ancillary powers),

(c) section 25A(2) of that Act (certificates of debt),

(d) section 31 of that Act (obstruction), and

(e) section 33 of that Act (power of arrest) other than in its application to an offence under section 30 of that Act (impersonation),

but does not include any other enactment contained in that Act.

(8) In this Part "general customs function" means—

(a) a function that is exercisable—

(i) by the Secretary of State by virtue of this section, or

(ii) by general customs officials by virtue of section 3,

(b) a function that is conferred on general customs officials or the Secretary of State by or by virtue of any of sections 22 to 24 (investigations and detention), or

(c) a function under Community law that is exercisable by the Secretary of State or general customs officials in relation to a matter—

(i) in relation to which functions under Community law are exercisable by the Commissioners or officers of Revenue and Customs, and

(ii) that is not listed in paragraphs (a) to (e) of subsection (2).

S-2 Power of Secretary of State to modify functions

2 Power of Secretary of State to modify functions

(1) The Secretary of State may by order—

(a) amend section 1(2) (matters that are general customs matters) so as to add, modify or remove a matter;

(b) amend that section so as to exclude its application in relation to a function of the Commissioners for Her Majesty's Revenue and Customs or to modify or remove a reference to a function previously so excluded;

(c) make provision for that section to apply in relation to a function conferred on the Commissioners by an enactment passed or made after the end of the session in which this Act is passed;

(d) modify any enactment (including an enactment passed or made after the passing of this Act) in consequence of provision made under any of paragraphs (a) to (c);

(e) make provision for a function of the Secretary of State or general customs officials to be treated, or not to be treated, as a general customs function.

(2) The power under subsection (1)(a) may not be exercised to add any of the following to section 1(2)—

(a) a matter listed in Schedule 1 to the Commissioners for Revenue and Customs Act 2005 (c. 11) ,

(b) value added tax,

(c) a customs revenue matter (as to which, see section 7), or

(d) a matter listed at section 7(2)(e).

(3) The Secretary of State must consult the Treasury before exercising the power under this section.

General customs officials

General customs officials

S-3 Designation of general customs officials

3 Designation of general customs officials

(1) The Secretary of State by whom general customs functions are exercisable may designate—

(a) an immigration officer, or

(b) any other official in that Secretary of State's department,

as a general customs official.

(2) A general customs official—

(a) has, in relation to a general customs matter, the same functions as an officer of Revenue and Customs would have, and

(b) may exercise the functions conferred on the Secretary of State by section 1 (general customs functions of the Secretary of State).

(3) This does not prevent the exercise of the Secretary of State's functions by any other official of the Secretary of State.

(4) If a function within subsection (2) is exercisable—

(a) in relation to a general customs matter, and

(b) in relation to any other matter,

the function is exercisable by a general customs official in relation to the general customs matter only.

(5) So far as is appropriate for the purposes of or in connection with this section, references to an officer of Revenue and Customs, or to Her Majesty's Revenue and Customs, in an enactment, instrument or document to which this section applies are to be construed as including a reference to a general customs official.

(6) References in this section to functions of an officer of Revenue and Customs are to functions conferred by an enactment to which this section applies.

(7) This section applies to—

(a) an enactment passed or made, or an instrument or document issued, before this Act is passed, and

(b) subject to express provision to the contrary, an enactment passed or made, or an instrument or document issued, after this Act is passed.

(8) This includes—

(a) section 2(4) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (continuation of anything begun by one officer by another),

(b) section 6 of that Act (officers' initial functions),

(c) section 25(1) and (5) of that Act (conduct of civil proceedings in a magistrates' court or in the sheriff court),

(d) section 25A(1) of that Act (certificates of debt),

(e) section 31 of that Act (obstruction),

(f) section 32 of that Act (assault), and

(g) section 33 of that Act (power of arrest) other than in its application to an offence under section 30 of that Act (impersonation),

but does not otherwise include any enactment contained in that Act.

(9) This section has effect subject to—

(a) any limitation specified in the official's designation under section 4 (supplementary provisions about designation), and

(b) any designation of the official under section 11 (designation of customs revenue officials).

S-4 Designation: supplementary

4 Designation: supplementary

(1) A designation under section 3 is subject to such limitations as may be specified in the designation.

(2) A limitation specified under subsection (1) may, in particular, relate to—

(a) the functions that are exercisable by virtue of the designation, or

(b) the purposes for which those functions are exercisable.

(3) A designation under section 3—

(a) may be permanent or for a specified period,

(b) may (in either case) be withdrawn, and

(c) may be varied.

(4) The power to designate, or to withdraw or vary a designation, is exercised by the Secretary of State giving notice to the official in question.

(5) The Secretary of State may designate an official under section 3 only if the Secretary of State is satisfied that the official—

(a) is capable of effectively carrying out the...

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