Part 7Offences

Substance

148 Registration card

The following shall be inserted after section 26 of the Immigration Act 1971 (general offences)—

26A Registration card

1

In this section “registration card” means a document which—

a

carries information about a person (whether or not wholly or partly electronically), and

b

is issued by the Secretary of State to the person wholly or partly in connection with a claim for asylum (whether or not made by that person).

2

In subsection (1) “claim for asylum” has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002.

3

A person commits an offence if he—

a

makes a false registration card,

b

alters a registration card with intent to deceive or to enable another to deceive,

c

has a false or altered registration card in his possession without reasonable excuse,

d

uses or attempts to use a false registration card for a purpose for which a registration card is issued,

e

uses or attempts to use an altered registration card with intent to deceive,

f

makes an article designed to be used in making a false registration card,

g

makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or

h

has an article within paragraph (f) or (g) in his possession without reasonable excuse.

4

In subsection (3) “false registration card” means a document which is designed to appear to be a registration card.

5

A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable—

a

on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or

b

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

6

A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable—

a

on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

b

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

7

The Secretary of State may by order—

a

amend the definition of “registration card” in subsection (1);

b

make consequential amendment of this section.

8

An order under subsection (7)—

a

must be made by statutory instrument, and

b

may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.