Immigration and Asylum Bill

Now at: Committee stage, House of Commons · text shown: Bill 105 · as introduced (30 June 2026) · checked 17 October 2026

Bill documents (21)

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Part 1 — The Independent Immigration Appeals Authority

10 — Charging power in respect of wasted resources

new law1 amendment

(1)If, in respect of proceedings before the IIAA, the IIAA considers that—

(a)a relevant participant has acted improperly, unreasonably or negligently, and

(b)as a result, the IIAA’s resources have been wasted,

it may charge the participant an amount under this section.

(2)Subsection (1) is subject to IIAA Procedure Rules (and see paragraph 16 of Schedule 3).

(3)For the purposes of this section “relevant participant”, in respect of proceedings, means—

(a)a party to the proceedings,

(b)a representative of a party to the proceedings, or

(c)an employee of such a representative.

(4)A person may be found to have acted improperly, unreasonably or negligently for the purposes of subsection (1) by reason of having failed to act in a particular way.

(5)The IIAA must pay any amounts it receives under this section into the Consolidated Fund.

Explanatory Notes · published by the Government with the Bill

84. This clause allows the IIAA to charge a relevant participant in proceedings where it considers that they have acted improperly, unreasonably or negligently, and that this has resulted in the IIAA’s resources being wasted. A relevant participant includes parties to proceedings, representatives of parties, and employees of representatives. Any money charged under this power must be paid into the Consolidated Fund. 85. This provides a proportionate mechanism for the IIAA to respond where poor conduct by a party or representative creates avoidable delay or unnecessary work, while leaving the detailed operation and safeguards to be set out by the IIAA Procedure Rules Board in its Procedure Rules.

Amendments tabled 1 · 1 would remove the whole clause · 1 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 10

Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not selected for debate

The amendment · as tabled, addressed to the printed Bill

Page 7, line 22, leave out Clause 10

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Proposed new clause from the Government, to go after clause 10: Enforcement New clause 1 · Not yet debated

New clause 1 EnforcementGovernment

Anna Turley, Minister of State (Home Office) New clause Not yet debated

Explanatory statement · what it would do, in the words of the Government

This new clause would insert a new clause, to go after clause 10, which makes provision about the enforcement of the payment of any sums required to be paid by virtue of decisions of the IIAA.

The proposed clause · as tabled

Show the full text (9 lines)

(1) A sum payable in pursuance of a decision of the IIAA is recoverable in England and Wales as if it were payable under an order of the county court.

(2) A sum payable in pursuance of a decision of the IIAA may be enforced in Scotland in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3) A sum payable in pursuance of a decision of the IIAA is recoverable in Northern Ireland as if it were payable under an order of the county court.

(4) Where action is taken under this section for the recovery of a sum payable in pursuance of a decision of the IIAA, the decision—

(a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

(5) IIAA Procedure Rules may provide for any or all of subsections (1) to (4)—

(a) to apply only in relation to sums of a description specified in the Rules, or

(b) not to apply except in relation to sums of a description specified in the Rules.”

Proposed new clause from the Government, to go after clause 10: Increasing the availability of IIAA advice and IIAA representation New clause 2 · Not yet debated

New clause 2 Increasing the availability of IIAA advice and IIAA representationGovernment

Anna Turley, Minister of State (Home Office) New clause Not yet debated

Explanatory statement · what it would do, in the words of the Government

This new clause authorises the Secretary of State to take steps to increase the general availability of advice and representation for persons who make an appeal or bail application to the IIAA. The new clause would be inserted after clause 10.

The proposed clause · as tabled

Show the full text (9 lines)

(1) The Secretary of State may take such steps as the Secretary of State considers appropriate to increase the general availability of IIAA advice and IIAA representation.

(2) The power under subsection (1) may, in particular, be used to provide financial or other assistance (subject to any conditions the Secretary of State considers appropriate)—

(a) for persons undertaking education or training;

(b) for persons providing education, training or accreditation;

(3) In this section—

“IIAA advice” means advice from a qualified person about an appeal or bail application that has been or may be made to the IIAA;

“IIAA representation” means representation by a qualified person in proceedings before the IIAA;

“qualified person” means a person who is qualified for the purposes of section 84 of the Immigration and Asylum Act 1999.”