Part 3: Enforcement Section 55: Supply of information to Secretary of State
This section expands the existing information gateway in section 20 of the 1999 Act which enables the supply of information to the Secretary of State for immigration purposes so that it includes all public authorities, or a person acting on behalf of one, other than some named exceptions. Currently, in addition to common law data sharing powers, section 20 only provides for the sharing of information, documents and articles from specified public authorities (e.g. the police and the National Crime Agency). This gives other public authorities who hold information that they are willing to share for immigration purposes, a clear statutory authority to do so.
	Subsection (11) inserts a new section 20A into the 1999 Act which makes it a duty for specified persons (listed in new Schedule A1 to the 1999 Act, inserted by Schedule 9 of this Act) to provide the Secretary of State, when directed to do so, with a nationality document which may facilitate an illegal immigrant's removal from the United Kingdom. This section does not require the specified persons to collect data or information on behalf of the Secretary of State, or to seize documents from people, as it makes it clear that it only applies where the Secretary of State has reasonable grounds for believing that a document is already lawfully in their possession, i.e. that they hold the documents for the purposes of their own functions.
Example (1): Duty to supply information
Mr X is arrested for overstaying his leave in the UK. Immigration officers search his home for a passport or other nationality document which will assist with obtaining an emergency travel document from his embassy. They do not find one but they do discover a letter to him from his local authority. An immigration officer contacts the local authority and asks if they have taken a copy of Mr X's passport, ID card, or a record of the number. If the local authority confirms it has such a document, the immigration officer may direct that it is sent to the relevant immigration team. If the council confirms they do not have such a document, then there is no further action for them to take.
	The Schedule of listed persons may be amended by regulations, which will be subject to the affirmative procedure when adding an entry to the list and the negative procedure when removing a reference or modifying an entry in consequence of a change of name or transfer of functions.