Nationality, Immigration and Asylum Act 2002 (c. 41)

Part 6U.K.Immigration Procedure

Disclosure of information by public authorityU.K.

129 Local authorityU.K.

(1)The Secretary of State may require a local authority to supply information for the purpose of establishing where a person is if the Secretary of State reasonably suspects that—

(a)the person has committed an offence under section [F124(A1), (B1), (C1), (D1), (E1) or (1)(b), (c)] or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.), and

(b)the person is or has been resident in the local authority’s area.

(2)A local authority shall comply with a requirement under this section.

(3)In the application of this section to England and Wales “local authority” means—

(a)a county council,

(b)a county borough council,

(c)a district council,

(d)a London borough council,

(e)the Common Council of the City of London, and

(f)the Council of the Isles of Scilly.

(4)In the application of this section to Scotland “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

(5)In the application of this section to Northern Ireland—

(a)a reference to a local authority shall be taken as a reference to the Northern Ireland Housing Executive, and

(b)the reference to a local authority’s area shall be taken as a reference to Northern Ireland.

Textual Amendments

F1Words in s. 129(1)(a) inserted (28.6.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 40(8)(a), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 20 (with Sch. 2 para. 7)

F2130 Inland RevenueU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 130 repealed (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 40(6)(b), 59(2), Sch.; S.I. 2008/99, art. 2(m)(n)

131 Police, &c.U.K.

Information may be supplied under section 20 of the Immigration and Asylum Act 1999 (c. 33) (supply of information to Secretary of State) for use for the purpose of [F3—

(a)determining whether an applicant for naturalisation under the British Nationality Act 1981 is of good character;

[F4(b)determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;

(ba)determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;

(bb)determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;]

(c)determining whether to make an order in respect of a person under section 40 of the British Nationality Act 1981.]

Textual Amendments

F3S. 131(a)-(c) substituted for words (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 43, 59(2); S.I. 2008/99, art. 2(m)

F4S. 131(b)(ba)(bb) substituted for s. 131(b) (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 47(4), 58(2); S.I. 2009/2731, art. 4(f)

132 Supply of document, &c. to Secretary of StateU.K.

(1)Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) shall be amended as follows.

(2)After subsection (1) insert—

“(1A)This section also applies to a document or article which—

(a)comes into the possession of a person listed in subsection (1) or someone acting on his behalf, or

(b)is discovered by a person listed in subsection (1) or someone acting on his behalf.”

(3)In subsection (2) after “information” insert “ , document or article ”.

(4)After subsection (2) insert—

“(2A)The Secretary of State may—

(a)retain for immigration purposes a document or article supplied to him under subsection (2), and

(b)dispose of a document or article supplied to him under subsection (2) in such manner as he thinks appropriate (and the reference to use in subsection (2) includes a reference to disposal).”

(5)In subsection (6) after “information” insert “ , documents or articles ”.

133 Medical inspectorsU.K.

(1)This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) has brought the person to the attention of—

(a)a medical inspector appointed under paragraph 1(2) of that Schedule, or

(b)a person working under the direction of a medical inspector appointed under that paragraph.

(2)A medical inspector may disclose to a health service body—

(a)the name of a person to whom this section applies,

(b)his place of residence in the United Kingdom,

(c)his age,

(d)the language which he speaks,

(e)the nature of any disease with which the inspector thinks the person may be infected,

(f)relevant details of the person’s medical history,

(g)the grounds for an opinion mentioned in paragraph (e) (including the result of any test or examination which has been carried out), and

(h)the inspector’s opinion about action which the health service body should take.

(3)A disclosure may be made under subsection (2) only if the medical inspector thinks it necessary for the purpose of—

(a)preventative medicine,

(b)medical diagnosis,

(c)the provision of care or treatment, or

(d)the management of health care services.

(4)For the purposes of this section “health service body” in relation to a person means a body which carries out functions in an area which includes his place of residence and which is—

(a)in relation to England—

[F5(ai)the Secretary of State,]

F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(ia)[F8NHS England],

[F9(ib)an integrated care board established under section 14Z25 of the National Health Service Act 2006,]

(ic)a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006,]

(ii)a National Health Service Trust established under [F10section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006],

[F11(iia)an NHS foundation trust,]

F12(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 . . .

F14(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 . . .

F15(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to Wales—

[F16(i)a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,] [F17or]

(ii)a National Health Service Trust established under [F18section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006], F19. . .

(iii)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F13 . . .

F13(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in relation to Scotland—

[F20(ai)the Secretary of State,]

(i)a Health Board, Special Health Board or National Health Service Trust established under section 2 or 12A of the National Health Service (Scotland) Act 1978 (c. 29), F21. . .

(ii)the Common Services Agency for the Scottish Health Service established under section 10 of that Act, or

[F22(iia)Healthcare Improvement Scotland established under section 10A of the 1978 Act, ] [F23or]

F24(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in relation to Northern Ireland—

F25(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)a [F26Health and Social Care trust] established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), F27. . .

[F28(iia)the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, or]

(iii)the Department of Health, Social Services and Public Safety F29. . .

F29(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5S. 133(4)(ai) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 12(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6S. 133(4)(a)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 107(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7S. 133(4)(a)(ia)-(ic) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 107(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8Words in s. 133 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)