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Immigration Bill

Moved by

Lord Bates

48: After Clause 7, insert the following new Clause—

“Applications

(1) An enforcing authority may apply for an LME order to be made under section (Power to make LME order on application) against a person (the “proposed respondent”) if—

(a) the authority has served a notice on the proposed respondent under section (Power to request LME undertaking), and

(b) the proposed respondent—

(i) refuses to give an LME undertaking, or

(ii) otherwise fails, before the end of the negotiation period, to give an LME undertaking in the form attached to the notice or in such other form as may be agreed with the enforcing authority.

(2) An enforcing authority may also apply for an LME order if the proposed respondent—

(a) has given an LME undertaking to the enforcing authority, and

(b) has failed to comply with the undertaking.

(3) In subsection (1) “the negotiation period” means—

(a) the period of 14 days beginning with the day after that on which the notice mentioned in paragraph (a) of that subsection was given, or

(b) such longer period as may be agreed between the enforcing authority and the proposed respondent.”

49: After Clause 7, insert the following new Clause—

“Power to make LME order on conviction

(1) This section applies where a court deals with a person in respect of a conviction for a trigger offence.

(2) The court may make an LME order against the person if the court considers it is just and reasonable to do so.

(3) An LME order must not be made under this section except—

(a) in addition to a sentence imposed in respect of the offence concerned, or

(b) n addition to an order discharging the person conditionally or, in Scotland, discharging the person absolutely.”