Article 2 Immigration

In Part 4 of Schedule 3 to the Act (Immigration), before paragraph 16 insert—

“Age

15A.

(1)

This paragraph applies in relation to age discrimination.

(2)

Section 29 does not apply to anything done by a relevant person in the exercise of functions exercisable by virtue of a relevant enactment.

(3)

A relevant person is —

(a)

a Minister of the Crown acting personally, or

(b)

a person acting in accordance with a relevant authorisation.

(4)

A relevant authorisation is a requirement imposed or express authorisation given—

(a)

with respect to a particular case or class of case, by a Minister of the Crown acting personally;

(b)

with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment.

(5)

The relevant enactments are—

(a)

the Immigration Acts,

(b)

the Special Immigration Appeals Commission Act 1997^f1,

(c)

a provision made under section 2(2) of the European Communities Act 1972^f2 which relates to immigration or asylum, and

(d)

a provision of EU law which relates to immigration or asylum.

(6)

The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

(a)

sections 28A to 28K of the Immigration Act 1971^f3 (powers of arrest, entry and search, etc.), or

(b)

section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004^f4 (power of arrest).”.