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Immigration Act 1971

1971 CHAPTER 77

An Act to amend and replace the present immigration laws, to make certain related changes in the citizenship law and enable help to be given to those wishing to return abroad, and for purposes connected therewith.

[28th October 1971]

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Modifications etc. (not altering text)

C1Act amended by Immigration Act 1988 (c. 14, SIF 62), s. 7(3)

Act amended (2.10.2000) by S.I. 2000/2326, reg. 8 (with regs. 9, 28) (which S.I. was revoked (with saving) (30.4.2006) by S.I. 2006/1003, reg. 31, Sch. 3 (with Sch. 4))

Act amended (2.10.2000) by 1999 c. 33, s. 59; S.I. 2000/2444, art. 2, Sch. (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Act amended (2.10.2000) by 1999 c. 33, s. 65(1); S.I. 2000/2444, art. 2, Sch. (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Act amended (2.10.2000) by 1999 c. 33, ss. 69, 70; S.I. 2000/2444, art. 2, Sch. (subject to transitional provisions in art. 3, Sch. 2 para. 2)

C3Act modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(a); S.I. 1991/1072, art. 2, Sch. Pt. I

Act modified (7.7.2000) by S.S.I. 2000/200, art. 2(3)

Act modified (2.10.2000) by S.I. 2000/2326, regs. 24(2), 25(2) (with regs. 9, 28) (which S.I. was revoked (with saving) (30.4.2006) by S.I. 2006/1003, reg. 31, Sch. 3 (with Sch. 4))

Act modified (1.9.2001) by 2001 c. 17, s. 32(7) (with ss. 27(3), 39, 78); S.I. 2001/2161, art. 2

Act modified (18.7.2001) by S.I. 2001/2590, art. 4(2)

Act modified (25.2.2002) by S.I. 2002/195, reg. 2(3)

Act modified (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 30, Sch. 2 paras. 1, 2

C4Act restricted (20.7.1994) by Immigration Act 1988 (c. 14, SIF 62), s. 7(1); S.I. 1994/1923, art. 2

Act restricted (2.10.2000) by S.I. 2000/2326, reg. 14 (with regs. 9, 28) (as amended (1.6.2002) by S.I. 2002/1241 reg. 2(3), Sch. para. 8) (S.I. 2000/2326 was revoked (with saving) (30.4.2006) by S.I. 2006/1003, reg. 31, Sch. 3 (with Sch. 4))

C5Act extended (with modifications) by S.I. 1994/1405, art. 7 (the amendment coming into force in accordance with art. 1 of the amending S.I.) (as amended (2.1.2008) by S.I. 2007/3579, art. 3(c))

Act extended (with modifications) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(a), Sch. 2 para. 1 (the amendment coming ino force in accordance with art. 1(2) of the amending S.I.)

C6Act: power to amend conferred (10.2.2003 for certain purposes, otherwise prosp.) by 1999 c. 33, s. 53; S.I. 2003/2, art. 2, Sch.

C8Act applied (1.8.2008 for certain purposes and otherwise prosp.) by UK Borders Act 2007 (c. 30), ss. 36(4), 59; S.I. 2008/1818, art. 2(a), Sch.

Commencement Information

I1Act partly in force at Royal Assent see ss. 34(1), 35(1)-(3); Act wholly in force at 1 January 1973.

Part IE+W+S+N.I. Regulation of Entry into and Stay in United Kingdom

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Modifications etc. (not altering text)

C10Pt. 1 extended (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(a), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2)

1 General principles. E+W+S+N.I.

(1)All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.

(2)Those not having that right may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act; and indefinite leave to enter or remain in the United Kingdom shall, by virtue of this provision, be treated as having been given under this Act to those in the United Kingdom at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).

(3)Arrival in and departure from the United Kingdom on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the United Kingdom on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the United Kingdom and those places, or such of them as are not so excluded, are collectively referred to as “the common travel area”.

(4)The rules laid down by the Secretary of State as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the United Kingdom.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

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Amendments (Textual)

Modifications etc. (not altering text)

C11S. 1 excluded by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) (SIF 39:2), s. 20(3)

Ss. 1-9,11 extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt.I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt. I (Jersey)

C12S. 1 excluded by S.I. 1972/1610, art. 3(2)

S. 1 restricted (19.2.2001) by 2000 c. 11, s. 53(3); S.I. 2001/421

[F22 Statement of right of abode in United Kingdom.E+W+S+N.I.

(1)A person is under this Act to have the right of abode in the United Kingdom if—

(a)he is a British citizen; or

(b)he is a Commonwealth citizen who—

(i)immediately before the commencement of the M1British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii)has not ceased to be a Commonwealth citizen in the meanwhile.

(2)In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and [F3section 5(2)], shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen” shall be construed accordingly.]

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Amendments (Textual)

Modifications etc. (not altering text)

C13 Ss. 1-9,11 extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt.I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt. I (Jersey)

Marginal Citations

[F42ADeprivation of right of abodeE+W+S+N.I.

(1)The Secretary of State may by order remove from a specified person a right of abode in the United Kingdom which he has under section 2(1)(b).

(2)The Secretary of State may make an order under subsection (1) in respect of a person only if the Secretary of State thinks that it would be conducive to the public good for the person to be excluded or removed from the United Kingdom.

(3)An order under subsection (1) may be revoked by order of the Secretary of State.

(4)While an order under subsection (1) has effect in relation to a person—

(a)section 2(2) shall not apply to him, and

(b)any certificate of entitlement granted to him shall have no effect.]

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Amendments (Textual)

3 General provisions for regulation and control.E+W+S+N.I.

(1)Except as otherwise provided by or under this Act, where a person is not [F5a British citizen]

(a)he shall not enter the United Kingdom unless given leave to do so in accordance with [F6the provisions of, or made under,] this Act;

(b)he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;

[F7(c)if he is given limited leave to enter or remain in the United Kingdom, it may be given subject to all or any of the following conditions, namely—

(i)a condition restricting his employment or occupation in the United Kingdom;

[F8(ia)a condition restricting his studies in the United Kingdom;]

F8(ii)a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; F9...

(iii)a condition requiring him to register with the police.

[F10(iv)a condition requiring him to report to an immigration officer or the Secretary of State; and

(v)a condition about residence.]]

F10(2)The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).

If a statement laid before either House of Parliament under this subsection is disapproved by a resolution of that House passed within the period of forty days beginning with the date of laying (and exclusive of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), then the Secretary of State shall as soon as may be make such changes or further changes in the rules as appear to him to be required in the circumstances, so that the statement of those changes be laid before Parliament at latest by the end of the period of forty days beginning with the date of the resolution (but exclusive as aforesaid).

(3)In the case of a limited leave to enter or remain in the United Kingdom,—

(a)a person’s leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and

(b)the limitation on and any conditions attached to a person’s leave [F11(whether imposed originally or on a variation) shall], if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave.

(4)A person’s leave to enter or remain in the United Kingdom shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the United Kingdom in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.

[F12(5)A person who is not a British citizen is liable to deportation from the United Kingdom if—

(a)the Secretary of State deems his deportation to be conducive to the public good; or

(b)another person to whose family he belongs is or has been ordered to be deported.]

(6)Without prejudice to the operation of subsection (5) above, a person who is not [F5a British citizen] shall also be liable to deportation from the United Kingdom if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.

(7)Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on [F13British citizens, British Dependent Territories citizens or British Overseas citizens] when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not [F5British citizens] from embarking in the United Kingdom, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the United Kingdom; and Her Majesty may also make provision by Order in Council to enable those who are not [F5British citizens] to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition.

Any Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)When any question arises under this Act whether or not a person is [F5a British citizen], or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.

[F14(9)A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove it by means of—

(a)a United Kingdom passport describing him as a British citizen,

(b)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,

(c)an ID card issued under the Identity Cards Act 2006 describing him as a British citizen,

(d)an ID card issued under that Act describing him as a British subject with the right of abode in the United Kingdom, or

(e)a certificate of entitlement.F14]

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Amendments (Textual)

F6Words in s. 3(1)(a) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 44(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F9Word after s. 3(1)(c)(ii) repealed (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 58, 59, Sch.; S.I. 2008/99, art. 2

F12S. 3(5) substituted (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 44(2); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C14S. 3 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para 1(2)(a)(b)

Ss. 1-9,11 extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt. I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt. I (Jersey)

Ss. 3-3B extended (14.12.2001) by 2001 c. 24, ss. 22(2)(a)(3), 127(2)

C15S. 3(5)(a) modified (2.10.2000) by S.I. 2000/2326, reg. 26(3) (with regs. 9, 28)

C16S. 3(5)(a) modified (1.8.2008 for certain purposes and otherwise prosp.) by UK Borders Act 2007 (c. 30), ss. 32(4), 59; S.I. 2008/1818, art. 2(a), Sch. (with art. 3)

C17S. 3(6) extended (14.12.2001) by 2001 c. 24, ss. 22(2)(c)(3), 127(2)

[F153A Further provision as to leave to enter.E+W+S+N.I.

(1)The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom.

(2)An order under subsection (1) may, in particular, provide for—

(a)leave to be given or refused before the person concerned arrives in the United Kingdom;

(b)the form or manner in which leave may be given, refused or varied;

(c)the imposition of conditions;

(d)a person’s leave to enter not to lapse on his leaving the common travel area.

(3)The Secretary of State may by order provide that, in such circumstances as may be prescribed—

(a)an entry visa, or

(b)such other form of entry clearance as may be prescribed,

is to have effect as leave to enter the United Kingdom.

(4)An order under subsection (3) may, in particular—

(a)provide for a clearance to have effect as leave to enter—

(i)on a prescribed number of occasions during the period for which the clearance has effect;

(ii)on an unlimited number of occasions during that period;

(iii)subject to prescribed conditions; and

(b)provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect.

(5)Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed.

(6)In subsections (3), (4) and (5) “prescribed” means prescribed in an order made under subsection (3).

(7)The Secretary of State may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the United Kingdom.

(8)An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Secretary of State of functions which he has as a result of the order, as if references to an immigration officer included references to the Secretary of State.

(9)Subsection (8) is not to be read as affecting any power conferred by subsection (10).

(10)An order under this section may—

(a)contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b)make different provision for different cases.

(11)This Act and any provision made under it has effect subject to any order made under this section.

(12)An order under this section must be made by statutory instrument.

(13)But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.]

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Amendments (Textual)

F15S. 3A inserted (14.2.2000) by 1999 c. 33, ss. 1, 169(2), Sch. 15 para. 1(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C18Ss. 3-3B extended (14.12.2001) by 2001 c. 24, ss. 22(2)(a)(3), 127(2)

[F163B Further provision as to leave to remain.E+W+S+N.I.

(1)The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to remain in the United Kingdom.

(2)An order under subsection (1) may, in particular, provide for—

(a)the form or manner in which leave may be given, refused or varied;

(b)the imposition of conditions;

(c)a person’s leave to remain in the United Kingdom not to lapse on his leaving the common travel area.

(3)An order under this section may—

(a)contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b)make different provision for different cases.

(4)This Act and any provision made under it has effect subject to any order made under this section.

(5)An order under this section must be made by statutory instrument.

(6)But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.]

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Amendments (Textual)

F16S. 3B inserted (14.2.2000) by 1999 c. 33, ss. 2, 169(2), Sch. 15 para. 1(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C19Ss. 3-3B extended (14.12.2001) by 2001 c. 24, ss. 22(2)(a)(3), 127(2)

[F173C Continuation of leave pending variation decisionE+W+S+N.I.

(1)This section applies if—

(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

(b)the application for variation is made before the leave expires, and

(c)the leave expires without the application for variation having been decided.

(2)The leave is extended by virtue of this section during any period when—

(a)the application for variation is neither decided nor withdrawn,

(b)an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought [F18, while the appellant is in the United Kingdom]F18 against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or

(c)an appeal under that section against that decision [F19, brought while the appellant is in the United Kingdom,]F19 is pending (within the meaning of section 104 of that Act).

(3)Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

(4)A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.

(5)But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).

[F20(6)The Secretary of State may make regulations determining when an application is decided for the purposes of this section; and the regulations—

(a)may make provision by reference to receipt of a notice,

(b)may provide for a notice to be treated as having been received in specified circumstances,

(c)may make different provision for different purposes or circumstances,

(d)shall be made by statutory instrument, and

(e)shall be subject to annulment in pursuance of a resolution of either House of Parliament.F20]]

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Amendments (Textual)

F17S. 3C inserted (1.4.2003) by 2002 c. 41, s. 118 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

F18Words in s. 3C(2)(b) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 11(2); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F19Words in s. 3C(2)(c) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 11(3); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F20S. 3C(6) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 11(4); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C20S. 3C applied (with modifications) (1.4.2003) by 1997 c. 68, s. 2(2)(a) (as substituted by 2002 c. 41, s. 114, Sch. 7 para. 20) (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339)))

[F213DContinuation of leave following revocationE+W+S+N.I.

(1)This section applies if a person's leave to enter or remain in the United Kingdom—

(a)is varied with the result that he has no leave to enter or remain in the United Kingdom, or

(b)is revoked.

(2)The person's leave is extended by virtue of this section during any period when—

(a)an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 could be brought, while the person is in the United Kingdom, against the variation or revocation (ignoring any possibility of an appeal out of time with permission), or

(b)an appeal under that section against the variation or revocation, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act).

(3)A person's leave as extended by virtue of this section shall lapse if he leaves the United Kingdom.

(4)A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.]

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Amendments (Textual)

F21S. 3D inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 11(5); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

4 Administration of control.E+W+S+N.I.

(1)The power under this Act to give or refuse leave to enter the United Kingdom shall be exercised by immigration officers, and the power to give leave to remain in the United Kingdom, or to vary any leave under section 3(3)(a) (whether as regards duration or conditions), shall be exercised by the Secretary of State; and, unless otherwise [F22allowed by or under] this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order made by statutory instrument.

(2)The provisions of Schedule 2 to this Act shall have effect with respect to—

(a)the appointment and powers of immigration officers and medical inspectors for purposes of this Act;

(b)the examination of persons arriving in or leaving the United Kingdom by ship or aircraft F23. . ., and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and

(c)the exercise by immigration officers of their powers in relation to entry into the United Kingdom, and the removal from the United Kingdom of persons refused leave to enter or entering or remaining unlawfully; and

(d)the detention of persons pending examination or pending removal from the United Kingdom;

and for other purposes supplementary to the foregoing provisions of this Act.

(3)The Secretary of State may by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make provision as to the effect of a condition under this Act requiring a person to register with the police; and the regulations may include provision—

(a)as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers;

(b)as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;

(c)as to the issue of certificates of registration and as to the payment of fees for certificates of registration;

and the regulations may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the regulations.

(4)The Secretary of State may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether [F24British citizens] or not) who stay at any such premises to supply the necessary information.

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Amendments (Textual)

F22Words in s. 4(1) substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 45; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F23Words in s. 4(2)(b) repealed (2.8.1993) by S.I. 1993/1813, arts. 9, 1, Sch. 6 Pt. I

Modifications etc. (not altering text)

C22S. 4(2)(b) modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(3)

Ss. 1-9,11 extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt. I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt. I (Jersey)

5 Procedure for, and further provisions as to, deportation.E+W+S+N.I.

(1)Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Secretary of State may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the United Kingdom; and a deportation order against a person shall invalidate any leave to enter or remain in the United Kingdom given him before the order is made or while it is in force.

(2)A deportation order against a person may at any time be revoked by a further order of the Secretary of State, and shall cease to have effect if he becomes [F25a British citizen].

(3)A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the United Kingdom after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.

(4)For purposes of deportation the following shall be those who are regarded as belonging to another person’s family—

(a)where that other person is a man, his wife [F26or civil partner,]F26 and his or her children under the age of eighteen; and

[F27(b)where that other person is a woman, her husband [F28or civil partner,]F28 and her or his children under the age of eighteen;]

and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and “wife” includes each of two or more wives.

(5)The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the United Kingdom of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.

(6)Where a person is liable to deportation under section [F293(5)] or (6) above but, without a deportation order being made against him, leaves the United Kingdom to live permanently abroad, the Secretary of State may make payments of such amounts as he may determine to meet that person’s expenses in so leaving the United Kingdom, including travelling expenses for members of his family or household.

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Amendments (Textual)

F29 “3(5)” substituted for “3(5)(c)” by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 2

Modifications etc. (not altering text)

C23Ss. 1-9, 11 extended (with modfications) to Guernsey (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I

Ss. 1-9, 11 extended (with modfications) to Jersey (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I

S. 5 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

S. 5 applied (2.10.2000 with application as mentioned in reg. 9) by S.I. 2000/2326, reg. 26(3)

S. 5 restricted (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 18; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

S. 5 restricted (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(5)(7) (as substituted (1.4.2003) for reg. 34(5)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

C25S. 5(1) amended (2.10.2000) by 1999 c. 33, ss. 63, 64; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

S. 5(1) amended (2.10.2000) by 1999 c. 33, ss. 69(4), 70(5)-(8); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

S. 5(1) amended (22.5.2000 for certain purposes, otherwise 2.10.2000) by 1999 c. 33, s. 74; S.I. 2000/1282, art. 2, Sch.; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2)

S. 5(1) amended (2.10.2000) by 1999 c. 33, s. 77; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2)

S. 5(1) extended (14.12.2001) by 2001 c. 24, ss. 22(2)(d)(e)(3), 127(2)

C26S. 5(3) amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 19; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

C27S. 5(3) modified (1.8.2008 for certain purposes and otherwise prosp.) by UK Borders Act 2007 (c. 30), ss. 37(1), 59; S.I. 2008/1818, art. 2(a), Sch.

6 Recommendations by court for deportation.E+W+S+N.I.

(1)Where under section 3(6) above a person convicted of an offence is liable to deportation on the recommendation of a court, he may be recommended for deportation by any court having power to sentence him for the offence unless the court commits him to be sentenced or further dealt with for that offence by another court:

Provided that in Scotland the power to recommend a person for deportation shall be exercisable only by the sheriff or the High Court of Justiciary, and shall not be exercisable by the latter on an appeal unless the appeal is against a conviction on indictment or against a sentence upon such a conviction.

(2)A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is [F30a British citizen], describing the persons who are [F30British citizens] and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of adjournment conferred by [F31section 10(3) of the M2Magistrates’ Courts Act 1980], [F32section 179 or 380 of the M3Criminal Procedure (Scotland) Act 1975] or any corresponding enactment for the time being in force in Northern Ireland shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.

(3)For purposes of section 3(6) above—

(a)a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation; and

(b)the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any enactment restricting the imprisonment of young offenders or [F33first offenders][F33persons who have not previously been sentenced to imprisonment];

and for purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwithstanding any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly.

(4)Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life.

(5)Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or against the conviction on which it is made; but—

F34the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence . . . F34

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

(6)A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal or, in Scotland, until the expiration of twenty-eight days from the date of the recommendation.

(7)For the purpose of giving effect to any of the provisions of this section in its application to Scotland, the High Court of Justiciary shall have power to make rules by act of adjournal.

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Amendments (Textual)

F33Words “persons” to “imprisonment” substituted for words “first offenders” (E.W.) by Criminal Justice Act 1972 (c. 71), Sch. 5 and (U.K.) by Criminal Justice Act 1982 (c. 48), s. 80(2), Sch. 15 para. 15(a)

Modifications etc. (not altering text)

C28 Ss. 1-9,11 extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt.I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt.I (Jersey)

Marginal Citations

7 Exemption from deportation for certain existing residents.E+W+S+N.I.

(1)Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the United Kingdom—

(a)F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37(b)shall not be liable to deportation under section 3(5) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;]

F37(c)shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.

(2)A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.

(3)The “last five years” before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.

(4)For purposes of subsection (3) above—

(a)sentence” includes any order made on conviction of an offence; and

(b)two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and

(c)a person shall be deemed to be detained by virtue of a sentence—

(i)at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and

(ii)(unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.

In paragraph (c)(ii) above “relevant enactment” means [F38section 240 of the Criminal Justice Act 2003]F38 (or, before that section operated, section 17(2) of the M4Criminal Justice Administration Act 1962) and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands.

(5)Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.

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Amendments (Textual)

F37S. 7(1)(b) substituted (10.2.2003) by 2002 c. 41, s. 75(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C29Ss. 1-9, 11 extended (with modifications) to Guernsey (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I

Ss. 1-9, 11 extended (with modfications) to Jersey (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I

Marginal Citations

8 Exceptions for seamen, aircrews and other special cases.E+W+S+N.I.

F39(1)Where a person arrives at a place in the United Kingdom as a member of the crew of a ship or aircraft under an engagement requiring him to leave on that ship as a member of the crew, or to leave within seven days on that or another aircraft as a member of its crew, then unless either—

(a)there is in force a deportation order made against him; or

(b)he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom; or

(c)an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;

he may without leave enter the United Kingdom at that place and remain until the departure of the ship or aircraft on which he is required by his engagement to leave.

(2)The Secretary of State may by order exempt any person or class of persons, either unconditionally or subject to such conditions as may be imposed by or under the order, from all or any of the provisions of this Act relating to those who are not [F40British citizens].

An order under this subsection, if made with respect to a class of persons, shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)[F41Subject to subsection (3A) below,] the provisions of this Act relating to those who are not [F40British citizens] shall not apply to any person so long as he is a member of a mission (within the meaning of the M5Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent.

[F42(3A)For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless—

(a)he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and

(b)he has not ceased to be such a member after having taken up the post.]

(4)The provisions of this Act relating to those who are not [F40British citizens], other than the provisions relating to deportation, shall also not apply to any person so long as either—

(a)he is subject, as a member of the home forces, to service law; or

(b)being a member of a Commonwealth force or of a force raised under the law of any F43. . . colony, protectorate or protected state, is undergoing or about to undergo training in the United Kingdom with any body, contingent or detachment of the home forces; or

(c)he is serving or posted for service in the United Kingdom as a member of a visiting force or of any force raised as aforesaid or as a member of an international headquarters or defence organisation designated for the time being by an Order in Council under section 1 of the M6International Headquarters and Defence Organisations Act 1964.

(5)Where a person having a limited leave to enter or remain in the United Kingdom becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been [F44settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.]

[F45(5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the M7British Nationality Act 1981.]

(6)In this section “the home forces” means any of Her Majesty’s forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; “Commonwealth force” means a force of any country to which provisions of the M8Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and “visiting force” means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom.

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Amendments (Textual)

F42S. 8(3A) substituted (1.3.2000) by 1999 c. 33, s. 6; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F43Words in s. 8(4)(b) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. II Group 1

Modifications etc. (not altering text)

C30 Ss. 1-9,11 extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt. I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt. I (Jersey)

Marginal Citations

[F468A Persons ceasing to be exempt.E+W+S+N.I.

(1)A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).

(2)If a person who is exempt—

(a)ceases to be exempt, and

(b)requires leave to enter or remain in the United Kingdom as a result,

he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.

(3)If—

(a)a person who is exempt ceases to be exempt, and

(b)there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),

his leave is to be treated as expiring at the end of that period.]

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Amendments (Textual)

F46S. 8A inserted (1.3.2000) by 1999 c. 33, s. 7; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

[F478B Persons excluded from the United Kingdom under international obligations.E+W+S+N.I.

(1)An excluded person must be refused—

(a)leave to enter the United Kingdom;

(b)leave to remain in the United Kingdom.

(2)A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.

(3)A persons’s exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.

(4)Excluded person” means a person—

(a)named by or under, or

(b)of a description specified in,

a designated instrument.

(5)The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it—

(a)requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or

(b)recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).

(6)Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.

(7)An order under this section must be made by statutory instrument.

(8)Such a statutory instrument shall be laid before Parliament without delay.]

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Amendments (Textual)

F47S. 8B inserted (1.3.2000) by 1999 c. 33, s. 8; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

9 Further provisions as to common travel area.E+W+S+N.I.

(1)Subject to subsection (5) below, the provisions of Schedule 4 to this Act shall have effect for the purpose of taking account in the United Kingdom of the operation in any of the Islands of the immigration laws there.

(2)Persons who lawfully enter the United Kingdom on a local journey from a place in the common travel area after having either—

(a)entered any of the Islands or the Republic of Ireland on coming from a place outside the common travel area; or

(b)left the United Kingdom while having a limited leave to enter or remain which has since expired;

if they are not [F48British citizens] (and are not to be regarded under Schedule 4 to this Act as having leave to enter the United Kingdom), shall be subject in the United Kingdom to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register with the police or both, as may be imposed by an order of the Secretary of State and may be applicable to them.

(3)Any provision of this Act applying to a limited leave or to conditions attached to a limited leave shall, unless otherwise provided, have effect in relation to a person subject to any restriction or condition by virtue of an order under subsection (2) above as if the provisions of the order applicable to him were terms on which he had been given leave under this Act to enter the United Kingdom.

(4)Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not [F48a British citizen] may not by virtue of section 1(3) enter the United Kingdom without leave on a local journey from a place in the common travel area if either—

(a)he is on arrival in the United Kingdom given written notice by an immigration officer stating that, the Secretary of State having issued directions for him not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good as being in the interests of national security, he is accordingly refused leave to enter the United Kingdom; or

(b)he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom.

(5)If it appears to the Secretary of State necessary so to do by reason of differences between the immigration laws of the United Kingdom and any of the Islands, he may by order exclude that island from section 1(3) above for such purposes as may be specified in the order, and references in this Act to the Islands . . . F49 shall apply to an island so excluded so far only as may be provided by order of the Secretary of State.

(6)The Secretary of State shall also have power by order to exclude the Republic of Ireland from section 1(3) for such purposes as may be specified in the order.

(7)An order of the Secretary of State under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

Modifications etc. (not altering text)

C32 Ss. 1-9,11 extended (with modifications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt. I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt.I (Jersey)

C33S. 9(2) amended (28.4.2000) by S.I. 2000/1161, art. 14

10 Entry otherwise than by sea or air.E+W+S+N.I.

(1)Her Majesty may by Order in Council direct that any of the provisions of this Act shall have effect in relation to persons entering or seeking to enter the United Kingdom on arrival otherwise than by ship or aircraft F50. . . as they have effect in the case of a person arriving by ship or aircraft F50. . .; and any such Order may make such adaptations or modifications of those provisions, and such provisions supplementary thereto, as appear to Her Majesty to be necessary or expedient for the purposes of the Order.

(2)The provision made by an Order in Council under this section may include provision for excluding the Republic of Ireland from section 1(3) of this Act either generally or for any specified purposes.

(3)No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

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Amendments (Textual)

F50In s. 10(1), Words "or through the tunnel system" repealed (2.8.1993) by S.I. 1993/1813, arts. 9, 1, Sch. 6 Pt.I

11Construction of references to entry, and other phrases relating to travel.E+W+S+N.I.

(1)A person arriving in the United Kingdom by ship or aircraft shall for purposes of this Act be deemed not to enter the United Kingdom unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the United Kingdom so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act [F51or section 62 of the Nationality, Immigration and Asylum Act 2002][F52or by section 68 of the Nationality, Immigration and Asylum Act 2002]F52.

F53(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In this Act “disembark” means disembark from a ship or aircraft, and “embark” means embark in a ship or aircraft; and, except in subsection (1) above,—

(a)references to disembarking in the United Kingdom do not apply to disembarking after a local journey from a place in the United Kingdom or elsewhere in the common travel area; and

(b)references to embarking in the United Kingdom do not apply to embarking for a local journey to a place in the United Kingdom or elsewhere in the common travel area.

(3)Except in so far as the context otherwise requires, references in this Act to arriving in the United Kingdom by ship shall extend to arrival by any floating structure, and “disembark” shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.

(4)For purposes of this Act “common travel area” has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which—

(a)in the case of a journey to a place in the United Kingdom, began its voyage from, or has during its voyage called at, a place not in the common travel area; or

(b)in the case of a journey from a place in the United Kingdom, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.

(5)A person who enters the United Kingdom lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the United Kingdom.

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Amendments (Textual)

F51Words in s. 11(1) inserted (10.2.2003) by 2002 c. 41, s. 62(8) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C34Ss. 1-9, 11 extended (with modifications) to Guernsey (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I

Ss. 1-9, 11 extended (with modifications) to Jersey (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I

S. 11 modified (2.8.1993) by S.I. 1993/1813, arts. 1, 7(1), Sch. 4 para. 1(5)

C37S. 11(1) applied (7.11.2002 with effect as noted in s. 11(4) of the amending act) by 2002 c. 41, s. 11(3) (with s. 159)

F54Part IIE+W+S+N.I. Appeals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F54Pt. II (ss. 12-23) repealed (14.2.2000 as regards s. 12 and otherwise 2.10.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 49, Sch. 16 (with saving in Sch. 15 paras. 11, 12); S.I. 2000/168, art. 2, Sch; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2); however, certain provisions continued for certain purposes (14.3.2003) by S.I. 2003/754, arts. 3, 4, Sch. 2 para. 2(4)-(9) and (7.3.2005) by S.I. 2005/565, arts. {1(2)}, 9

Modifications etc. (not altering text)

C40Pt. II restricted (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 1; S.I. 1993/1655, art. 2

Pt. II (ss. 12-23) restricted (1.9.1996) by 1996 c. 49, s. 3(1)(b)(i); S.I. 1996/2053, art. 2, Sch. Pt. II

Pt. II (ss. 12-23) extended (with modifications) (Isle of Man) (1.4.1997) by S.I. 1997/275, art. 2(1), Sch.

Part IIIE+W+S+N.I. Criminal Proceedings

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Modifications etc. (not altering text)

C58Pt. III (Ss. 24-28) extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt.I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt.I (Jersey) (as amended by S.I. 2003/1252, art. 3(b))

C59Pt. 3 extended (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2)

24 Illegal entry and similar offences.E+W+S+N.I.

(1)A person who is not [F68a British citizen] shall be guilty of an offence punishable on summary conviction with a fine of not more than [F69[F70level 5]on the standard scale] or with imprisonment for not more than six months, or with both, in any of the following cases:—

(a)if contrary to this Act he knowingly enters the United Kingdom in breach of a deportation order or without leave;

F71(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if, having only a limited leave to enter or remain in the United Kingdom, he knowingly either—

(i)remains beyond the time limited by the leave; or

(ii)fails to observe a condition of the leave;

(c)if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);

(d)if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to [F72a medical officer of health][F72the chief administrative medical officer of a Health Board][F73or the chief administrative medical officer of a Health and Social Services Board], or to attend, or submit to a test or examination, as required by such an officer;

(e)if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence [F74as to his employment or occupation] or as to reporting to the police [F75, to an immigration officer or to the Secretary of State];

(f)if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom;

(g)if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act.

[F76(1A)A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the United Kingdom thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.]

F77(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under [F78subsection (1)(a) and (c)] above.

(4)In proceedings for an offence against subsection (1)(a) above of entering the United Kingdom without leave,—

(a)any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;

(b)proof that a person had leave to enter the United Kingdom shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced.

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Amendments (Textual)

F69Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

F70Words in s. 24(1) substituted (1.10.1996) by 1996 c. 49, s. 6; S.I. 1996/2053, art. 2, Sch. Pt. III

F71S. 24(1)(aa) repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 para. 50, Sch. 16; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F72Words “the chief” to “Health Board” substituted for words “a medical officer of health” (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 155; continued by National Health Service (Scotland) Act 1978 (c. 29), Sch. 15 para. 10

F73Words inserted (N.I.) by S.R. & O. (N.I.) 1973/256, Sch. 2

F75Words in s. 24(1)(e) substituted (10.2.2003) by 2002 c. 41, s. 62(9) (with s. 159); S.I. 2003/1, art. 2, Sch.

F77S. 24(2) repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 para. 50, Sch. 16; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F78Words “subsection (1)(a) and (c)” substituted for “subsection (1)(a), (b)(i) and (c)” by Immigration Act 1988 (c. 14, SIF 62), s. 6(2)(3)

Modifications etc. (not altering text)

C60S. 24 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para 1(7)

[F7924A Deception.E+W+S+N.I.

(1)A person who is not a British citizen is guilty of an offence if, by means which include deception by him—

(a)he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or

(b)he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.

(2)Enforcement action”, in relation to a person, means—

(a)the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;

(b)the making of a deportation order against him under section 5 of this Act; or

(c)his removal from the United Kingdom in consequence of directions or a deportation order.

(3)A person guilty of an offence under this section is liable—

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

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

(4)F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F79S. 24A inserted (14.2.2000) by 1999 c. 33, s. 28; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C62S. 24A modified (11.11.1999) by 1999 c. 33, ss. 31(1)(2)(3)(b)(4)(c), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

[F8125 Assisting unlawful immigration to member StateE+W+S+N.I.

(1)A person commits an offence if he—

(a)does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union,

(b)knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual, and

(c)knows or has reasonable cause for believing that the individual is not a citizen of the European Union.

(2)In subsection (1) “immigration law” means a law which has effect in a member State and which controls, in respect of some or all persons who are not nationals of the State, entitlement to—

(a)enter the State,

(b)transit across the State, or

(c)be in the State.

(3)A document issued by the government of a member State certifying a matter of law in that State—

(a)shall be admissible in proceedings for an offence under this section, and

(b)shall be conclusive as to the matter certified.

(4)Subsection (1) applies to anything done—

(a)in the United Kingdom,

(b)outside the United Kingdom by an individual to whom subsection (5) applies, or

(c)outside the United Kingdom by a body incorporated under the law of a part of the United Kingdom.

(5)This subsection applies to—

(a)a British citizen,

(b)a British overseas territories citizen,

(c)a British National (Overseas),

(d)a British Overseas citizen,

(e)a person who is a British subject under the British Nationality Act 1981 (c. 61), and

(f)a British protected person within the meaning of that Act.

(6)A person guilty of an offence under this section shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 14 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.]

[F82(7)In this section—

(a)a reference to a member State includes a reference to a State on a list prescribed for the purposes of this section by order of the Secretary of State (to be known as the “Section 25 List of Schengen Acquis States”), and

(b)a reference to a citizen of the European Union includes a reference to a person who is a national of a State on that list.

(8)An order under subsection (7)(a)—

(a)may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom’s obligations under the Community Treaties,

(b)may include transitional, consequential or incidental provision,

(c)shall be made by statutory instrument, and

(d)shall be subject to annulment in pursuance of a resolution of either House of Parliament.F82]

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Amendments (Textual)

F81Ss. 25-25C substituted (10.2.2003) for s. 25 by 2002 c. 41, s. 143 (with s. 159); S.I. 2003/1, art. 2, Sch.

[F8325A Helping asylum-seeker to enter United KingdomE+W+S+N.I.

(1)A person commits an offence if—

(a)he knowingly and for gain facilitates the arrival in [F84, or the entry into,]F84 the United Kingdom of an individual, and

(b)he knows or has reasonable cause to believe that the individual is an asylum-seeker.

(2)In this section “asylum-seeker” means a person who intends to claim that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—

(a)the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation)), or

(b)the Human Rights Convention (within the meaning given by that section).

(3)Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which—

(a)aims to assist asylum-seekers, and

(b)does not charge for its services.

(4)[F85Subsections (4) and (6)]F85 of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section.]

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Amendments (Textual)

F83Ss. 25-25C substituted (10.2.2003) for s. 25 by 2002 c. 41, s. 143 (with s. 159); S.I. 2003/1, art. 2, Sch.

[F8625B Assisting entry to United Kingdom in breach of deportation or exclusion orderE+W+S+N.I.

(1)A person commits an offence if he—

(a)does an act which facilitates a breach of a deportation order in force against an individual who is a citizen of the European Union, and

(b)knows or has reasonable cause for believing that the act facilitates a breach of the deportation order.

(2)Subsection (3) applies where the Secretary of State personally directs that the exclusion from the United Kingdom of an individual who is a citizen of the European Union is conducive to the public good.

(3)A person commits an offence if he—

(a)does an act which assists the individual to arrive in, enter or remain in the United Kingdom,

(b)knows or has reasonable cause for believing that the act assists the individual to arrive in, enter or remain in the United Kingdom, and

(c)knows or has reasonable cause for believing that the Secretary of State has personally directed that the individual’s exclusion from the United Kingdom is conducive to the public good.

(4)[F87Subsections (4) and (6)]F87 of section 25 apply for the purpose of an offence under this section as they apply for the purpose of an offence under that section.]

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Amendments (Textual)

F86Ss. 25-25C substituted (10.2.2003) for s. 25 by 2002 c. 41, s. 143 (with s. 159); S.I. 2003/1, art. 2, Sch.

[F8825C Forfeiture of vehicle, ship or aircraftE+W+S+N.I.

(1)This section applies where a person is convicted on indictment of an offence under section 25, 25A or 25B.

(2)The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the convicted person—

(a)owned the vehicle at the time the offence was committed,

(b)was at that time a director, secretary or manager of a company which owned the vehicle,

(c)was at that time in possession of the vehicle under a hire-purchase agreement,

(d)was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or

(e)was driving the vehicle in the course of the commission of the offence.

(3)The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—

(a)owned the ship or aircraft at the time the offence was committed,

(b)was at that time a director, secretary or manager of a company which owned the ship or aircraft,

(c)was at that time in possession of the ship or aircraft under a hire-purchase agreement,

(d)was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement,

(e)was at that time a charterer of the ship or aircraft, or

(f)committed the offence while acting as captain of the ship or aircraft.

(4)But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—

(a)in the case of a ship, if subsection (5) or (6) applies;

(b)in the case of an aircraft, if subsection (5) or (7) applies.

(5)This subsection applies where—

(a)in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and

(b)a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25, 25A or 25B.

(6)This subsection applies where a ship’s gross tonnage is less than 500 tons.

(7)This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.

(8)Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations.

(9)In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—

(a)an individual who seeks to enter a member State in breach of immigration law [F89 (for which purpose “member State” and “immigration law” have the meanings given by section 25(2) and (7))]F89 , and

(b)an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution) [F90or section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).F90]

(10)In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—

(a)an asylum-seeker (within the meaning of that section), and

(b)an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002 [F90or section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).F90]

(11)In the case of an offence under section 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002 [F90or section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).F90]]

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Amendments (Textual)

F88Ss. 25-25C substituted (10.2.2003) for s. 25 by 2002 c. 41, s. 143 (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C64S. 25C applied (10.2.2003) by 2002 c. 41, s. 146(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

25D][F91 Detention of ship, aircraft or vehicle]E+W+S+N.I.

(1)If a person has been arrested for an offence under [F93section 25, 25A or 25B], a senior officer or a constable may detain a relevant ship, aircraft or vehicle—

(a)until a decision is taken as to whether or not to charge the arrested person with that offence; or

(b)if the arrested person has been charged—

(i)until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

(ii)if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle.

(2)A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or constable concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under [F94section 25C].

[F95(3)A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that—

(a)he owns the ship, aircraft or vehicle,

(b)he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or

(c)he is a charterer of the ship or aircraft.]

(4)The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if—

(a)the arrested person is convicted; and

(b)an order for its forfeiture is made under [F94section 25C].

(5)In the application to Scotland of subsection (1), for paragraphs (a) and (b) substitute—

(a)until a decision is taken as to whether or not to institute criminal proceedings against the arrested person for that offence; or

(b)if criminal proceedings have been instituted against the arrested person—

(i)until he is acquitted or, under section 65 or 147 of the M9Criminal Procedure (Scotland) Act 1995, discharged or liberated or the trial diet is deserted simpliciter;

(ii)if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle,

and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service on him of an indictment or complaint.

(6)Court” means—

(a)in England and Wales—

[F96(ia)if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;]

F96(iii)if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;

(b)in Scotland, the sheriff; and

(c)in Northern Ireland—

(i)if the arrested person has not been charged, the magistrates’ court for the county court division in which he was arrested;

(ii)if he has been charged but proceedings for the offence have not begun to be heard, the magistrates’ court for the county court division in which he was charged;

(iii)if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.

(7)F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Senior officer” means an immigration officer not below the rank of chief immigration officer.F92]

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Amendments (Textual)

F91S. 25A renumbered as s. 25D and title substituted (10.2.2003) by 2002 c. 41, s. 144 (with s. 159); S.I. 2003/1, art. 2, Sch.

F92S. 25A (since renumbered as s. 25D) inserted (3.4.2000) by 1999 c. 33, s. 38(2)(4); S.I. 2000/464, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F93Words in s. 25D(1) substituted (10.2.2003) by 2002 c. 41, s. 144(2)(a) (with s. 159); S.I. 2003/1, art. 2, Sch.

F94Words in s. 25D(2)(4) substituted (10.2.2003) by 2002 c. 41, s. 144(2)(b) (with s. 159); S.I. 2003/1, art. 2, Sch.

F95S. 25D(3) substituted (10.2.2003) by 2002 c. 41, s. 144(2)(c) (with s. 159); S.I. 2003/1, art. 2, Sch.

F97S. 25D(7) repealed (10.2.2003) by virtue of 2002 c. 41, ss. 144(2)(d), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C65S. 25D applied (10.2.2003) by 2002 c. 41, s. 146(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Marginal Citations

26 General offences in connection with administration of Act.E+W+S+N.I.

(1)A person shall be guilty of an offence punishable on summary conviction with a fine of not more than [F98[F99level 5] on the standard scale] or with imprisonment for not more than six months, or with both, in any of the following cases—

(a)if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;

(b)if, without reasonable excuse, he refuses or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;

(c)if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of [F100a relevant enactment] a return, statement or representation which he knows to be false or does not believe to be true;

(d)if, without lawful authority, he alters any [F101certificate of entitlement], entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, [F101certificate of entitlement], entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;

(e)if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act;

(f)if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above;

(g)if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.

(2)The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above.

[F102(3)Relevant enactment” means—

(a)this Act;

(b)the M10Immigration Act 1988;

(c)the M11Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5);F103...

(d)the Immigration and Asylum Act 1999 (apart from Part VI) [F104 ; or

(e)the Nationality, Immigration and Asylum Act 2002 (apart from Part 5).]]

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Amendments (Textual)

F98Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

F99Words in s. 26(1) substituted (1.10.1996) by 1996 c. 49, s. 6; S.I. 1996/2053, art. 2, Sch. Pt. III

F100Words in s. 26(1)(c) substituted (14.2.2000) by 1999 c. 33, s. 30(1)(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F102S. 26(3) inserted (14.2.2000) by 1999 c. 33, s. 30(1)(3); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F103Word after s. 26(3)(c) repealed (10.2.2003) by 2002 c. 41, ss. 151(a), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F104S. 26(3)(e) and preceding word inserted (10.2.2003) by 2002 c. 41, s. 151(b) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C67S. 26(1)(d) modified (11.11.2000) by 1999 c. 33, ss. 31(1)(2)(3)(c)(4)(d), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Marginal Citations

[F10526A Registration cardE+W+S+N.I.

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

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

[F106(b)is issued by the Secretary of State to the person wholly or partly in connection with—

(i)a claim for asylum (whether or not made by that person), or

(ii)a claim for support under section 4 of the Immigration and Asylum Act  1999 (whether or not made by that person).]

F106(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.]

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Amendments (Textual)

F105S. 26A inserted (10.2.2003) by 2002 c. 41, s. 148 (with s. 159); S.I. 2003/1, art. 2, Sch.

[F10726B Possession of immigration stampE+W+S+N.I.

(1)A person commits an offence if he has an immigration stamp in his possession without reasonable excuse.

(2)A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse.

(3)In this section—

(a)immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function,

(b)replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and

(c)immigration function” means a function of an immigration officer or the Secretary of State under the Immigration Acts.

(4)A person who is guilty of an offence under this section 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.]

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Amendments (Textual)

F107S. 26B inserted (10.2.2003) by 2002 c. 41, s. 149 (with s. 159); S.I. 2003/1, art. 2, Sch.

27 Offences by persons connected with ships or aircraft or with ports.E+W+S+N.I.

A person shall be guilty of an offence punishable on summary conviction with a fine of not more than [F108[F109level 5] on the standard scale] or with imprisonment for not more than six months, or with both, in any of the following cases—

(a)if, being the captain of a ship or aircraft,—

(i)he knowingly permits a person to disembark in the United Kingdom when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connection with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or

(ii)he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 [F110or under the Immigration and Asylum Act 1999]with respect to the removal of a person from the United Kingdom;

(b)if, as owner or agent of a ship or aircraft,—

(i)he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or

(ii)he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or

(iii)he fails, without reasonable excuse, to make arrangements for [F111or in connection with] the removal of a person from the United Kingdom when required to do so by directions given under Schedule 2 or 3 to this Act; [F112or under the Immigration and Asylum Act 1999; or

(iv)he fails, without reasonable excuse, to comply with [F113a requirement imposed by or under Schedule 2]F113 ;]

(c)if, F114... as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated.

[F115(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F108Words substituted: (E.W.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46; (S.) (11.4.1983) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54); (N.I.) (19.7.1984) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

F109Words in s. 27 substituted (1.10.1996) by 1996 c. 49, s. 6; S.I. 1996/2053, art. 2, Sch. Pt. III

F110Words in s. 27(a)(ii) inserted (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 52(1)(2); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F111Words in s. 27(b)(iii) inserted (1.3.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 52(1)(3)(a); S.I. 2000/464, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F112S. 27(b)(iv) and preceding words inserted (3.4.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 52(1)(3)(b); S.I. 2000/464, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C69S. 27 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para 1(9)(as amended (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11 Table)

28 Proceedings.E+W+S+N.I.

(1)Where the offence is one to which, under section 24 F116... or 26 above, an extended time limit for prosecutions is to apply, then—

(a)an information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by [F117an officer of police above the rank of chief superintendent] to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of [F117the police force to which he belongs]; and

(b)summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and

(c)a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.

(2)For purposes of subsection (1)(b) above proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (1)(b) came to his knowledge shall be conclusive evidence.

(3)For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.

(4)Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.

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Amendments (Textual)

F116Words in s. 28(1) repealed (10.2.2003) by 2002 c. 41, s. 156(1), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch

Modifications etc. (not altering text)

C70S. 28(1) applied (1.4.2003) by 1996 c. 49, s. 8(9) (as added by 2002 c. 41, s. 147(4) (with s. 159)); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

S. 28(1) applied (1.5.2004) by The Accession (Immigration and Worker Registration) Regulations 2004 (S.I. 2004/1219), reg. 9(10)

[F11828A Arrest without warrant.E+W

(1)[F119An]F119 immigration officer may arrest without warrant a person—

(a)who has committed or attempted to commit an offence under section 24 or 24A; or

(b)whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

(2)But subsection (1) does not apply in relation to an offence under section 24(1)(d).

(3)An immigration officer may arrest without warrant a person—

(a)who has committed an offence under [F120section 25, 25A or 25B]; or

(b)whom he has reasonable grounds for suspecting has committed that offence.

(4)F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

(a)has committed or attempted to commit an offence under section 26(1)(g); or

(b)is committing or attempting to commit that offence.

(6)The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

(7)The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

(a)he does not know, and cannot readily discover, the suspect’s name;

(b)he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

(c)the suspect has failed to give him a satisfactory address for service; or

(d)he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

(8)The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

(a)causing physical injury to himself or another person;

(b)suffering physical injury; or

(c)causing loss of or damage to property.

(9)For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

(a)that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

(b)that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

[F122(9A)[F119An]F119 immigration officer may arrest without warrant a person—

(a)who has committed an offence under section 26A or 26B; or

(b)whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.]

(10)In relation to the exercise of the powers conferred by subsections (3)(b)F123... and (5), it is immaterial that no offence has been committed.

(11)In Scotland the powers conferred by subsections (3)F124... and (5) may also be exercised by a constable.]

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Extent Information

E1This version of this provision extends to Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F118S. 28A inserted (14.2.2000) by 1999 c. 33, s. 128; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F120Words in s. 28A(3)(a) substituted (10.2.2003) by 2002 c. 41, s. 144(3)(a) (with s. 159); S.I. 2003/1, art. 2, Sch.

F122S. 28A(9A) inserted (10.2.2003) by 2002 c. 41, s. 150(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F123Words in s. 28A(10) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(c), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F124Words in s. 28A(11) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(d), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C74S. 28A(1)(3) amended (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 1993/1813, art. 6, Sch. 3 Pt. I para. 2(1)(a)(2)(a) (as substituted (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 2001/1544, art. 4(2))

C75S. 28A(3) modified (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 1993/1813, art. 7(1), Sch. 4 para. 1(9A) (as inserted (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 2001/1544, art. 6(2))

[F11828AArrest without warrant.S

(1)A constable or immigration officer may arrest without warrant a person—

(a)who has committed or attempted to commit an offence under section 24 or 24A; or

(b)whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

(2)But subsection (1) does not apply in relation to an offence under section 24(1)(d).

(3)An immigration officer may arrest without warrant a person—

(a)who has committed an offence under [F120section 25, 25A or 25B]; or

(b)whom he has reasonable grounds for suspecting has committed that offence.

(4)F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

(a)has committed or attempted to commit an offence under section 26(1)(g); or

(b)is committing or attempting to commit that offence.

(6)The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

(7)The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

(a)he does not know, and cannot readily discover, the suspect’s name;

(b)he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

(c)the suspect has failed to give him a satisfactory address for service; or

(d)he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

(8)The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

(a)causing physical injury to himself or another person;

(b)suffering physical injury; or

(c)causing loss of or damage to property.

(9)For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

(a)that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

(b)that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

[F122(9A)A constable or immigration officer may arrest without warrant a person—

(a)who has committed an offence under section 26A or 26B; or

(b)whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.]

(10)In relation to the exercise of the powers conferred by subsections (3)(b)F123... and (5), it is immaterial that no offence has been committed.

(11)In Scotland the powers conferred by subsections (3)F124... and (5) may also be exercised by a constable.]

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Extent Information

E1This version of this provision extends to Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F118S. 28A inserted (14.2.2000) by 1999 c. 33, s. 128; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F120Words in s. 28A(3)(a) substituted (10.2.2003) by 2002 c. 41, s. 144(3)(a) (with s. 159); S.I. 2003/1, art. 2, Sch.

F122S. 28A(9A) inserted (10.2.2003) by 2002 c. 41, s. 150(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F123Words in s. 28A(10) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(c), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F124Words in s. 28A(11) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(d), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C74S. 28A(1)(3) amended (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 1993/1813, art. 6, Sch. 3 Pt. I para. 2(1)(a)(2)(a) (as substituted (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 2001/1544, art. 4(2))

C75S. 28A(3) modified (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 1993/1813, art. 7(1), Sch. 4 para. 1(9A) (as inserted (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 2001/1544, art. 6(2))

[F11828A Arrest without warrant.N.I.

(1)[F364An]F364 immigration officer may arrest without warrant a person—

(a)who has committed or attempted to commit an offence under section 24 or 24A; or

(b)whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

(2)But subsection (1) does not apply in relation to an offence under section 24(1)(d).

(3)An immigration officer may arrest without warrant a person—

(a)who has committed an offence under [F120section 25, 25A or 25B]; or

(b)whom he has reasonable grounds for suspecting has committed that offence.

(4)F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

(a)has committed or attempted to commit an offence under section 26(1)(g); or

(b)is committing or attempting to commit that offence.

(6)The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

(7)The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

(a)he does not know, and cannot readily discover, the suspect’s name;

(b)he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

(c)the suspect has failed to give him a satisfactory address for service; or

(d)he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

(8)The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

(a)causing physical injury to himself or another person;

(b)suffering physical injury; or

(c)causing loss of or damage to property.

(9)For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

(a)that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

(b)that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

[F122(9A)[F365An]F365 immigration officer may arrest without warrant a person—

(a)who has committed an offence under section 26A or 26B; or

(b)whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.]

(10)In relation to the exercise of the powers conferred by subsections (3)(b)F123... and (5), it is immaterial that no offence has been committed.

(11)In Scotland the powers conferred by subsections (3)F124... and (5) may also be exercised by a constable.]

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Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

F118S. 28A inserted (14.2.2000) by 1999 c. 33, s. 128; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F120Words in s. 28A(3)(a) substituted (10.2.2003) by 2002 c. 41, s. 144(3)(a) (with s. 159); S.I. 2003/1, art. 2, Sch.

F122S. 28A(9A) inserted (10.2.2003) by 2002 c. 41, s. 150(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F123Words in s. 28A(10) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(c), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F124Words in s. 28A(11) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(d), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C74S. 28A(1)(3) amended (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 1993/1813, art. 6, Sch. 3 Pt. I para. 2(1)(a)(2)(a) (as substituted (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 2001/1544, art. 4(2))

C75S. 28A(3) modified (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 1993/1813, art. 7(1), Sch. 4 para. 1(9A) (as inserted (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 2001/1544, art. 6(2))

[F12528AA Arrest with warrantE+W+S+N.I.

(1)This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under—

(a)section 24(1)(d), or

[F126(b)section 21(1) of the Immigration, Asylum and Nationality Act 2006.]

F126(2)The justice of the peace may grant a warrant authorising any immigration officer to arrest the person.

(3)In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace.]

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Amendments (Textual)

F125S. 28AA inserted (8.1.2003) by 2002 c. 41, s. 152, (with s. 159), S.I. 2002/2811, art. 2, Sch.

[F12728B Search and arrest by warrant.E+W+S+N.I.

(1)Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises.

(2)The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

(3)Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).

(4)The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

(5)Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f) [F128, 24A][F129, 26A or 26B.].]

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Amendments (Textual)

F127S. 28B inserted (14.2.2000) by 1999 c. 33, s. 129; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F128Words in s. 28B(5) substituted (10.2.2003) by 2002 c. 41, s. 144(4) (with s. 159); S.I. 2003/1, art. 2, Sch.

F129Words in s. 28B(5) inserted (10.2.2003) by 2002 c. 41, s. 150(2) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

[F13028C Search and arrest without warrant.E+W+S+N.I.

(1)An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under [F131section 25, 25A or 25B].

(2)The power may be exercised—

(a)only to the extent that it is reasonably required for that purpose; and

(b)only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

(3)In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

(a)any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and

(b)any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

(4)The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).]

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Amendments (Textual)

F130S. 28C inserted (14.2.2000) by 1999 c. 33, s. 130; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F131Words in s. 28C(1) substituted (10.2.2003) by 2002 c. 41, s. 144(5) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

[F13228CA Business premises: entry to arrestE+W+S+N.I.

(1)A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—

(a)for an offence under section 24,

(b)for an offence under section 24A, or

(c)under paragraph 17 of Schedule 2.

(2)The power under subsection (1) may be exercised only—

(a)to the extent that it is reasonably required for a purpose specified in subsection (1),

(b)if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,

(c)with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and

(d)if the constable or immigration officer produces identification showing his status.

(3)Authority for the purposes of subsection (2)(c)—

(a)may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and

(b)shall expire at the end of the period of seven days beginning with the day on which it is given.

(4)Subsection (2)(d) applies—

(a)whether or not a constable or immigration officer is asked to produce identification, but

(b)only where premises are occupied.

(5)Subsection (6) applies where a constable or immigration officer—

(a)enters premises in reliance on this section, and

(b)detains a person on the premises.

(6)A detainee custody officer may enter the premises for the purpose of carrying out a search.

(7)In subsection (6)—

  • detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and

  • search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).]

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Amendments (Textual)

F132S. 28CA inserted (8.1.2003) by 2002 c. 41, s. 153(1) (with s. 159); S.I 2002/2811, art. 2, Sch.

Modifications etc. (not altering text)

[F13328D Entry and search of premises.E+W+S+N.I.

(1)If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that—

(a)a relevant offence has been committed,

(b)there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,

(c)the material is likely to be relevant evidence,

(d)the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and

(e)any of the conditions specified in subsection (2) applies,

he may issue a warrant authorising an immigration officer to enter and search the premises.

(2)The conditions are that—

(a)it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c)entry to the premises will not be granted unless a warrant is produced;

(d)the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.

(3)An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).

(4)Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), [F13424A, 25, 25A, 25B][F135, 26A or 26B].

(5)In relation to England and Wales, expressions which are given a meaning by the M12Police and Criminal Evidence Act 1984 have the same meaning when used in this section.

(6)In relation to Northern Ireland, expressions which are given a meaning by the M13Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.

(7)In the application of subsection (1) to Scotland—

(a)read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace; and

(b)in paragraph (d), omit the reference to excluded material and special procedure material.]

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Amendments (Textual)

F133S. 28D inserted (14.2.2000) by 1999 c. 33, s. 131; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F134Words in s. 28D(4) substituted (10.2.2003) by 2002 c. 41, s. 144(6) (with s. 159); S.I. 2003/1, art. 2, Sch.

F135Words in s. 28D(4) inserted (10.2.2003) by 2002 c. 41, s. 150(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C88S. 28D(3): powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-55, 68, Sch. 1 Pt. 1 para. 15; S.I. 2003/708, art. 2

S. 28D(3) modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 95 (with s. 57(3)); S.I. 2003/708, art. 2

Marginal Citations

[F13628E Entry and search of premises following arrest.E+W+S+N.I.

(1)This section applies if a person is arrested for an offence under this Part at a place other than a police station.

(2)An immigration officer may enter and search any premises—

(a)in which the person was when arrested, or

(b)in which he was immediately before he was arrested,

for evidence relating to the offence for which the arrest was made (“relevant evidence”).

(3)The power may be exercised—

(a)only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and

(b)only to the extent that it is reasonably required for the purpose of discovering relevant evidence.

(4)In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

(a)any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and

(b)any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(5)An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.

(6)Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.]

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Amendments (Textual)

F136S. 28E inserted (14.2.2000) by 1999 c. 33, s. 132(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C95S. 28E(5): powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-55, 68, Sch. 1 Pt. 1 para. 15; S.I. 2003/708, art. 2

28F[F137Entry and search of premises following arrest under section 25, 25A, or 25B].E+W+S+N.I.

(1)An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under [F139section 25, 25A, 25B].

(2)The power may be exercised—

(a)only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;

(b)only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and

(c)subject to subsection (3), only if a senior officer has authorised it in writing.

(3)The power may be exercised—

(a)before taking the arrested person to a place where he is to be detained; and

(b)without obtaining an authorisation under subsection (2)(c),

if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.

(4)An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.

(5)The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of—

(a)the grounds for the search; and

(b)the nature of the evidence that was sought.

(6)An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.

(7)Relevant evidence” means evidence, other than items subject to legal privilege, that relates to the offence in question.

(8)Senior officer” means an immigration officer not below the rank of chief immigration officer.]

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Amendments (Textual)

F137S. 28F: title substituted (10.2.2003) by virtue of 2002 c. 41, s. 144(7) (with s. 159); S.I. 2003/1, art. 2, Sch.

F138S. 28F inserted (14.2.2000) by 1999 c. 33, s. 133; S.I. 2000/168, art. 2, Sch. (which amending provision is extended to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F139Words in s. 28F(1) substituted (10.2.2003) by 2002 c. 41, s. 144(7) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C97S. 28F(6): powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-55, 68, Sch. 1 Pt. 1 para. 15; S.I. 2003/708, art. 2

[F14028FA Search for personnel records: warrant unnecessaryE+W+S+N.I.

(1)This section applies where—

(a)a person has been arrested for an offence under section 24(1) or 24A(1),

(b)a person has been arrested under paragraph 17 of Schedule 2,

(c)a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or

(d)a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.

(2)A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes—

(a)that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and

(b)that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence.

(3)A constable or officer searching premises under subsection (2) may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—

(a)an immigration employment offence, or

(b)an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

(4)The power under subsection (2) may be exercised only—

(a)to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege,

(b)if the constable or immigration officer produces identification showing his status, and

(c)if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies.

(5)Those conditions are—

(a)that it is not practicable to communicate with a person entitled to grant access to the records,

(b)that permission to search has been refused,

(c)that permission to search would be refused if requested, and

(d)that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2).

(6)Subsection (4)(b) applies—

(a)whether or not a constable or immigration officer is asked to produce identification, but

(b)only where premises are occupied.

(7)In this section “immigration employment offence” means [F141an offence under section 21 of the Immigration, Asylum and Nationality Act 2006]F141(employment).]

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Amendments (Textual)

F140S. 28FA inserted (8.1.2003) by 2002 c. 41, s. 154 (with s. 159); S.I. 2002/2811, art. 2, Sch.

F141Words in s. 28FA(7) substituted (29.2.2008) by UK Borders Act 2007 (c. 30), ss. 28, 59; S.I. 2008/309, art. 2 (subject to art. 5)

Modifications etc. (not altering text)

[F14228FB Search for personnel records: with warrantE+W+S+N.I.

(1)This section applies where on an application made by an immigration officer in respect of business premises a justice of the peace is satisfied that there are reasonable grounds for believing—

(a)that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer),

(b)that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and

(c)that at least one of the conditions in subsection (2) is satisfied.

(2)Those conditions are—

(a)that it is not practicable to communicate with a person entitled to grant access to the premises,

(b)that it is not practicable to communicate with a person entitled to grant access to the records,

(c)that entry to the premises or access to the records will not be granted unless a warrant is produced, and

(d)that the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.

(3)The justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.

(4)Subsection (7)(a) of section 28D shall have effect for the purposes of this section as it has effect for the purposes of that section.

(5)An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—

(a)an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act, or

(b)an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).]

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Amendments (Textual)

F142S. 28FB inserted (8.1.2003) by 2002 c. 41, s. 154 (with s. 159); S.I. 2002/2811, art. 2, Sch. (subject to transitional provision in art. 6 of the said S.I. 2002/2811)

[F14328G Searching arrested persons.E+W+S+N.I.

(1)This section applies if a person is arrested for an offence under this Part at a place other than a police station.

(2)An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(3)The officer may search the arrested person for—

(a)anything which he might use to assist his escape from lawful custody; or

(b)anything which might be evidence relating to the offence for which he has been arrested.

(4)The power conferred by subsection (3) may be exercised—

(a)only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and

(b)only to the extent that it is reasonably required for the purpose of discovering any such thing.

(5)A power conferred by this section to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.

(6)An officer searching a person under subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that that person might use it to cause physical injury to himself or to another person.

(7)An officer searching a person under subsection (3) may seize and retain anything he finds, if he has reasonable grounds for believing—

(a)that that person might use it to assist his escape from lawful custody; or

(b)that it is evidence which relates to the offence in question.

(8)Subsection (7)(b) does not apply to an item subject to legal privilege.]

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Amendments (Textual)

F143S. 28G inserted (14.2.2000) by 1999 c. 33, s. 134(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C105S. 28G(7): powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 78; S.I. 2003/708, art. 2

[F14428H Searching persons in police custody.E+W+S+N.I.

(1)This section applies if a person—

(a)has been arrested for an offence under this Part; and

(b)is in custody at a police station or in police detention at a place other than a police station.

(2)An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything—

(a)which he might use to—

(i)cause physical injury to himself or others;

(ii)damage property;

(iii)interfere with evidence; or

(iv)assist his escape; or

(b)which the officer has reasonable grounds for believing is evidence relating to the offence in question.

(3)The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2).

(4)An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that—

(a)that person might use it for one or more of the purposes mentioned in subsection (2)(a); or

(b)it is evidence relating to the offence in question.

(5)Anything seized under subsection (4)(a) may be retained by the police.

(6)Anything seized under subsection (4)(b) may be retained by an immigration officer.

(7)The person from whom something is seized must be told the reason for the seizure unless he is—

(a)violent or appears likely to become violent; or

(b)incapable of understanding what is said to him.

(8)An intimate search may not be conducted under this section.

(9)The person carrying out a search under this section must be of the same sex as the person searched.

(10)“Custody officer”—

(a)in relation to England and Wales, has the same meaning as in the M14Police and Criminal Evidence Act 1984;

(b)in relation to Scotland, means the officer in charge of a police station; and

(c)in relation to Northern Ireland, has the same meaning as in the M15Police and Criminal Evidence (Northern Ireland) Order 1989.

(11)“Intimate search”—

(a)in relation to England and Wales, has the meaning given by section 65 of the Act of 1984;

(b)in relation to Scotland, means a search which consists of the physical examination of a person’s body orifices other than the mouth; and

(c)in relation to Northern Ireland, has the same meaning as in the 1989 Order.

(12)“Police detention”—

(a)in relation to England and Wales, has the meaning given by section 118(2) of the 1984 Act; and

(b)in relation to Northern Ireland, has the meaning given by Article 2 of the 1989 Order.

(13)In relation to Scotland, a person is in police detention if—

(a)he has been taken to a police station after being arrested for an offence; or

(b)he is arrested at a police station after attending voluntarily at the station, accompanying a constable to it or being detained under section 14 of the M16Criminal Procedure (Scotland) Act 1995,

and is detained there or is detained elsewhere in the charge of a constable, but is not in police detention if he is in court after being charged.]

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Amendments (Textual)

F144S. 28H inserted (14.2.2000) by 1999 c. 33, s. 135(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

Marginal Citations

[F14528I Seized material: access and copying.E+W+S+N.I.

(1)If a person showing himself—

(a)to be the occupier of the premises on which seized material was seized, or

(b)to have had custody or control of the material immediately before it was seized,

asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.

(2)If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision—

(a)in the case of seized material within subsection (8)(a), of an immigration officer;

(b)in the case of seized material within subsection (8)(b), of a constable.

(3)An immigration officer may photograph or copy, or have photographed or copied, seized material.

(4)If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—

(a)that person to have access to the material for the purpose of photographing or copying it under the supervision—

(i)in the case of seized material within subsection (8)(a), of an immigration officer;

(ii)in the case of seized material within subsection (8)(b), of a constable; or

(b)the material to be photographed or copied.

(5)A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time.

(6)There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—

(a)the exercise of any functions in connection with which the material was seized; or

(b)an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.

(7)Relevant person” means—

(a)a person who had custody or control of seized material immediately before it was seized, or

(b)someone acting on behalf of such a person.

(8)Seized material” means anything—

(a)seized and retained by an immigration officer, or

(b)seized by an immigration officer and retained by the police,

under this Part.]

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Amendments (Textual)

F145S. 28I inserted (14.2.2000) by 1999 c. 33, s. 136(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

[F14628J Search warrants: safeguards.E+W+S+N.I.

(1)The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K.

(2)If an immigration officer applies for a warrant, he must—

(a)state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;

(b)specify the premises which it is desired to enter and search; and

(c)identify, so far as is practicable, the persons or articles to be sought.

(3)In Northern Ireland, an application for a warrant is to be supported by a complaint in writing and substantiated on oath.

(4)Otherwise, an application for a warrant is to be made ex parte and supported by an information in writing or, in Scotland, evidence on oath.

(5)The officer must answer on oath any question that the justice of the peace or sheriff hearing the application asks him.

(6)A warrant shall authorise an entry on one occasion only.

(7)A warrant must specify—

(a)the name of the person applying for it;

(b)the date on which it is issued;

(c)the premises to be searched; and

(d)the provision of this Act under which it is issued.

(8)A warrant must identify, so far as is practicable, the persons or articles to be sought.

(9)Two copies of a warrant must be made.

(10)The copies must be clearly certified as copies.

(11)Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.]

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Amendments (Textual)

F146S. 28J inserted (14.2.2000) by 1999 c. 33, s. 137; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C114S. 28J applied by 1999 c. 33, s. 109B(2)(b) (as inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 18, 59; S.I. 2008/99, art. 2)

S. 28J applied (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 23(3)(b), 59; S.I. 2008/99, art. 2

S. 28J applied (with modifications) (31.3.2008) by UK Borders Act 2007 (c. 30), ss. 45(4), 59; S.I. 2008/309, art. 3

[F14728K Execution of warrants.E+W+S+N.I.

(1)A warrant may be executed by any immigration officer.

(2)A warrant may authorise persons to accompany the officer executing it.

(3)Entry and search under a warrant must be—

(a)within one month from the date of its issue; and

(b)at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated.

(4)If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must—

(a)identify himself to the occupier and produce identification showing that he is an immigration officer;

(b)show the occupier the warrant; and

(c)supply him with a copy of it.

(5)If—

(a)the occupier is not present, but

(b)some other person who appears to the officer to be in charge of the premises is present,

subsection (4) has effect as if each reference to the occupier were a reference to that other person.

(6)If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises.

(7)A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.

(8)An officer executing a warrant must make an endorsement on it stating—

(a)whether the persons or articles sought were found; and

(b)whether any articles, other than articles which were sought, were seized.

(9)A warrant which has been executed, or has not been executed within the time authorised for its execution, must be returned—

[F148(a)if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;]

F148(b)if issued by a justice of the peace in Northern Ireland, to the clerk of petty sessions for the petty sessions district in which the premises are situated;

(c)if issued by a justice of the peace in Scotland, to the clerk of the district court for the commission area for which the justice of the peace was appointed;

(d)if issued by the sheriff, to the sheriff clerk.

(10)A warrant returned under subsection (9)(a) must be retained for 12 months by the [F149designated officer]F149 .

(11)A warrant issued under subsection (9)(b) or (c) must be retained for 12 months by the clerk.

(12)A warrant returned under subsection (9)(d) must be retained for 12 months by the sheriff clerk.

(13)If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so.

(14)Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.]

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Amendments (Textual)

F147S. 28K inserted (14.2.2000) by 1999 c. 33, s. 138; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

[F15028L Interpretation of Part III.E+W+S+N.I.

[F151(1)] In this Part, “premises” and “items subject to legal privilege” have the same meaning—

(a)in relation to England and Wales, as in the M17Police and Criminal Evidence Act 1984;

(b)in relation to Northern Ireland, as in the M18Police and Criminal Evidence (Northern Ireland) Order 1989; and

(c)in relation to Scotland, as in section [F152412 of the Proceeds of Crime Act 2002].]

[F153(2)In this Part “business premises” means premises (or any part of premises) not used as a dwelling.

(3)In this Part “employee records” means records which show an employee’s—

(a)name,

(b)date of birth,

(c)address,

(d)length of service,

(e)rate of pay, or

(f)nationality or citizenship.

(4)The Secretary of State may by order amend section 28CA(3)(a) to reflect a change in nomenclature.

(5)An order under subsection (4)—

(a)must be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F150S. 28L inserted (14.2.2000) by 1999 c. 33, s. 139(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F151S. 28L renumbered (8.1.2003) as s. 28L(1) by virtue of 2002 c. 41, s. 155(1) (with s. 159); S.I. 2002/2811, art. 2, Sch.

F152Words in s. 28L(1)(c) substituted (24.2.2003) by 2002 c. 29, s. 456, Sch. 11 para. 6; S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-6 (as amended by S.I. 2003/333, art. 14))

Modifications etc. (not altering text)

Marginal Citations

Part IVE+W+S+N.I. Supplementary

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Modifications etc. (not altering text)

C118Pt. 4 extended in part (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(c), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2)

29 Contributions for expenses of persons returning abroad.E+W+S+N.I.

F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F154S. 29 repealed (1.4.2003) by 2002 c. 41, ss. 58(5)(a), 161, Sch. 9 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

30 Return of mental patients.E+W+S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156

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Amendments (Textual)

31 Expenses.E+W+S+N.I.

There shall be defrayed out of moneys provided by Parliament any expenses incurred [F157by the Lord Chancellor under Schedule 5 to this Act or] by a Secretary of State under or by virtue of this Act—

(a)by way of administrative expenses F158. . .; or

(b)in connection with the removal of any person from the United Kingdom under Schedule 2 or 3 to this Act or the departure with him of his dependants, or his or their maintenance pending departure; or

F159(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F157Words inserted by S.I. 1987/465, art. 3(1)(4)

F160S. 31(d) repealed (1.4.2003) by 2002 c. 41, ss. 58(5)(b), 161, Sch. 9 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

[F16131A Procedural requirements as to applications.E+W+S+N.I.

F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F161S. 31A inserted (22.5.2000 for certain purposes and otherwise 1.8.2003) by 1999 c. 33, ss. 165, 170(4); S.I. 2000/1282, art. 2, Sch.; S.I. 2003/1862, art. 2

32 General provisions as to Orders in Council, etc.E+W+S+N.I.

(1)Any power conferred by Part I of this Act to make an Order in Council or order (other than a deportation order) or to give any directions includes power to revoke or vary the Order in Council, order or directions.

(2)Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of [F163the Immigration Acts] and to be signed by him or on his behalf, and any document purporting to be a certificate of the Secretary of State so given and to be signed by him [F164or on his behalf], shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or issued by him.

(3)Prima facie evidence of any such order, notice, direction or certificate as aforesaid may, in any legal proceedings or [F165other proceedings under the Immigration Acts], be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the order, notice, direction or certificate.

(4)Where an order under section 8(2) above applies to persons specified in a schedule to the order, or any directions of the Secretary of State given for the purposes of [F166the Immigration Acts] apply to persons specified in a schedule to the directions, prima facie evidence of the provisions of the order or directions other than the schedule and of any entry contained in the schedule may, in any legal proceedings or [F167other proceedings under the Immigration Acts], be given by the production of a document purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the said provisions and of the relevant entry.

[F168(5)In subsection (4) “the Immigration Acts” has the meaning given by [F169section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004]F169 .]

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Amendments (Textual)

F163Words in s. 32(2) substituted (6.12.1999) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 45(2)(a)(6); S.I. 1999/3190, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F164Words in s. 32(2) inserted (6.12.1999) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 45(2)(b); S.I. 1999/3190, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F165Words in s. 32(3) substituted (6.12.1999) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 45(3); S.I. 1999/3190, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F166Words in s. 32(4) substituted (6.12.1999) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 45(4)(a); S.I. 1999/3190, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F167Words in s. 32(4) substituted (6.12.1999) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 45(4)(b); S.I. 1999/3190, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F168S. 32(5) substituted (10.2.2003) by 2002 c. 41, s. 158(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C119S. 32 extended (with modfications) to Guernsey (1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt. I

S. 32 extended (with modfications) to Jersey (1.8.1993) by S.I. 1993/1797 art. 3(1), Sch. 1 Pt. I

33 Interpretation.E+W+S+N.I.

(1)For purposes of this Act, except in so far as the context otherwise requires—

  • aircraft” includes hovercraft, “airport” includes hoverport and “port” includes airport;

  • captain” means master (of a ship) or commander (of an aircraft);

  • [F170certificate of entitlement” means a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom;]

  • F171. . .

  • [F172Convention adoption” has the same meaning as in the M19Adoption Act 1976 and the M20Adoption (Scotland) Act 1978 [F173or in the Adoption and Children Act 2002];]

  • crew”, in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and “member of the crew” shall be construed accordingly;

  • [F174entrant” means a person entering or seeking to enter the United Kingdom and “illegal entrant” means a person—

    (a)

    unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or

    (b)

    entering or seeking to enter by means which include deception by another person,

    and includes also a person who has entered as mentioned in paragraph (a) or (b) above;]

  • entry clearance” means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence [F175or the requisite evidence] of a person’s eligibility, though not [F176a British citizen], for entry into the United Kingdom (but does not include a work permit);

  • immigration laws” means this Act and any law for purposes similar to this Act which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands;

  • immigration rules” means the rules for the time being laid down as mentioned in section 3(2) above;

  • the Islands” means the Channel Islands and the Isle of Man, and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together;

  • legally adopted” means adopted in pursuance of an order made by any court in the United Kingdom and Islands [F177, under a Convention adoption] or by any adoption specified as an overseas adoption by order of the Secretary of State under [F178section 4 of the M21Adoption Act 1968][F179section 87 of the Adoption and Children Act 2002];

  • limited leave” and “indefinite leave” mean respectively leave under this Act to enter or remain in the United Kingdom which is, and one which is not, limited as to duration;

  • settled” shall be construed in accordance [F180with subsection (2A) below;]

  • ship” includes every description of vessel used in navigation;

  • F171. . .

  • [F181United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a dependent territory within the meaning of the M22British Nationality Act 1981;]

  • work permit” means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not [F176a British citizen], for entry into the United Kingdom for the purpose of taking employment.

[F182(1A)A reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.]

(2)It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United Kingdom or in any of the Islands at a time when he is there in breach of the immigration laws.

[F183(2A)Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.]

(3)The ports of entry for purposes of this Act, and the ports of exit for purposes of any Order in Council under section 3(7) above, shall be such ports as may from time to time be designated for the purpose by order of the Secretary of State made by statutory instrument.

[F184(4)For the purposes of this Act, the question of whether an appeal is pending shall be determined [F185in accordance with section 104 of the Nationality, Immigration and Asylum Act 2002 (pending appeals)]]

(5)This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative.

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Amendments (Textual)

F170S. 33(1): definition of "certificate of entitlement" substituted (21.12.2006) by 2002 c. 41, s. 10(5)(b) (with s. 159); S.I. 2006/3144, art. 2

F171Definitions of "Concessionaires" and "tunnel system" repealed (2.8.1993) by S.I. 1993/1813, arts. 9, 1, Sch. 6 Pt. I

F172Definition of "Convention adoption" inserted (1.6.2003) by 1999 c. 18, s. 15(1), Sch. 2 para. 2(a) (with s. 17(1)); S.I. 2003/362, art. 2

F173Words in definition of "Convention adoption" in s. 33(1) inserted (30.12.2005) by 2002 c. 38, s. 139, Sch. 3 para. 15(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F174S. 33: Definitions of "entrant" and "illegal entrant" substituted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 4(1); S.I. 1996/2053, art. 2, Sch. Pt. III

F177Words in definition of "legally adopted" inserted (1.6.2003) by 1999 c. 18, s. 15(1), Sch. 2 para. 2(b) (with s. 17(1)); S.I. 2003/362, art. 2

F178In s. 33(1) in the definition of "legally adopted" the words "section 72(2) of the Adoption Act 1976" substituted (E.W.) for the words "section 4 of the Adoption Act 1968" by Adoption Act 1976 (c. 36), s. 73(2), Sch. 3 Pt. I para. 17

F179In s. 33(1) in the definition of "legally adopted" the words "section 87 of the Adoption and Children Act 2002" substituted (30.12.2005) for the words "section 72(2) of the Adoption Act 1976" by 2002 c. 38, s. 139, Sch. 3 para. 15(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F182S. 33(1A) inserted (10.2.2003) by 2002 c. 41, s. 144(8) (with s. 159); S.I. 2003/1, art. 2, Sch.

F184S. 33(4) substituted (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 55; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

F185Words in s. 33(4) substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 1 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

Modifications etc. (not altering text)

C120S. 33 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(10) (as amended (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11 Table)

S. 33 extended (with modfications) to Guernsey (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I

S. 33 extended (with modfications) to Jersey (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (as amended (5.6.2003) by S.I. 2003/1252, art. 3)

Marginal Citations

34 Repeal, transitional and temporary.E+W+S+N.I.

(1)Subject to the following provisions of this section, the enactments mentioned in Schedule 6 to this Act are hereby repealed, as from the coming into force of this Act, to the extent mentioned in column 3 of the Schedule; and—

(a)this Act, as from its coming into force, shall apply in relation to entrants or others arriving in the United Kingdom at whatever date before or after it comes into force; and

(b)after this Act comes into force anything done under or for the purposes of the former immigration laws shall have effect, in so far as any corresponding action could be taken under or for the purposes of this Act, as if done by way of action so taken, and in relation to anything so done this Act shall apply accordingly.

(2)Without prejudice to the generality of subsection (1)(a) and (b) above, a person refused leave to land by virtue of the M23Aliens Restriction Act 1914 shall be treated as having been refused leave to enter under this Act, and a person given leave to land by virtue of that Act shall be treated as having been given leave to enter under this Act; and similarly with the M24Commonwealth Immigrants Acts 1962and 1968.

(3)A person treated in accordance with subsection (2) above as having leave to enter the United Kingdom—

(a)shall be treated as having an indefinite leave, if he is not at the coming into force of this Act subject to a condition limiting his stay in the United Kingdom; and

(b)shall be treated, if he is then subject to such a condition, as having a limited leave of such duration, and subject to such conditions (capable of being attached to leave under this Act), as correspond to the conditions to which he is then subject, but not to conditions not capable of being so attached.

This subsection shall have effect in relation to any restriction or requirement imposed by Order in Council under the M25Aliens Restriction Act 1914 as if it had been imposed by way of a landing condition.

(4)Notwithstanding anything in the foregoing provisions of this Act, the former immigration laws shall continue to apply, and this Act shall not apply,—

(a)in relation to the making of deportation orders and matters connected therewith in any case where a decision to make the order has been notified to the person concerned before the coming into force of this Act;

(b)in relation to removal from the United Kingdom and matters connected therewith (including detention pending removal or pending the giving of directions for removal) in any case where a person is to be removed in pursuance of a decision taken before the coming into force of this Act or in pursuance of a deportation order to the making of which paragraph (a) above applies;

(c)in relation to appeals against any decision taken or other thing done under the former immigration laws, whether taken or done before the coming into force of this Act or by virtue of this subsection.

(5)Subsection (1) above shall not be taken as empowering a court on appeal to recommend for deportation a person whom the court below could not recommend for deportation, or as affecting any right of appeal in respect of a recommendation for deportation made before this Act comes into force, or as enabling a notice given before this Act comes into force and not complying with section 6(2) to take the place of the notice required by section 6(2) to be given before a person is recommended for deportation.

F186(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F186S. 34(6) repealed (5.11.1993) by 1993 c. 50 s. 1(1), Sch. 1 Pt. XVI Group.1

Marginal Citations

35 Commencement, and interim provisions.E+W+S+N.I.

(1)Except as otherwise provided by this Act, Parts I to III of this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and references to the coming into force of this Act shall be construed as references to the beginning of the day so appointed.

(2)Section 25 above, except section 25(2), and section 28 in its application to offences under section 25(1) shall come into force at the end of one month beginning with the date this Act is passed.

(3)—(5).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187

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Subordinate Legislation Made

P11.1.1973 appointed under s. 35(1) by S.I. 1972/1514

Amendments (Textual)

36 Power to extend to Islands. E+W+S+N.I.

Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the Islands; and any Order in Council under this subsection may be varied or revoked by a further Order in Council.

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Modifications etc. (not altering text)

37 Short title and extent.E+W+S+N.I.

(1)This Act may be cited as the Immigration Act 1971.

(2)It is hereby declared that this Act extends to Northern Ireland, and (without prejudice to any provision of Schedule 1 to this Act as to the extent of that Schedule) where an enactment repealed by this Act extends outside the United Kingdom, the repeal shall be of like extent.

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Modifications etc. (not altering text)

C123 S. 37 extended (with modifications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt. I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt. I (Jersey)

SCHEDULES

F188F188SCHEDULE 1E+W+S+N.I.

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F188

SCHEDULE 2E+W+S+N.I. Administrative Provisions as to Control on Entry etc.

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Modifications etc. (not altering text)

C125Sch. 2 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(11) (as amended (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11; and as further amended by S.I. 2001/1544, art. 6(3) (the amendment coming into force in accordance with art. 1(2) of the amending S.I.) (as amended (2.1.2008) by S.I. 2007/3579, art. 2(2)(3)))

Sch. 2 extended (with modifications) (1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt.I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt. I (Jersey)

Sch. 2 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

Sch. 2 amended (2.10.2000) by 1999 c. 33, s. 66; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 extended (10.2.2003) (with modifications) by 2002 c. 41, s. 62(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Sch. 2 amended (1.4.2003) by 2002 c. 41, s. 68 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

Part IE+W+S+N.I. General Provisions

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Modifications etc. (not altering text)

C127Sch. 2 Pt. I applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

Immigration officers and medical inspectorsE+W+S+N.I.

1(1)Immigration officers for the purposes of this Act shall be appointed by the Secretary of State, and he may arrange with the Commissioners of Customs and Excise for the employment of officers of customs and excise as immigration officers under this Act.E+W+S+N.I.

(2)Medical inspectors for the purposes of this Act may be appointed by the Secretary of State or, in Northern Ireland, by the Minister of Health and Social Services or other appropriate Minister of the Government of Northern Ireland in pursuance of arrangements made between that Minister and the Secretary of State, and shall be fully qualified medical practitioners.

[F189(2A)The Secretary of State may direct that his function of appointing medical inspectors under sub-paragraph (2) is also to be exercisable by such persons specified in the direction who exercise functions relating to health in England or Wales.]

F189(3)In the exercise of their functions under this Act immigration officers shall act in accordance with such instructions (not inconsistent with the immigration rules) as may be given them by the Secretary of State, and medical inspectors shall act in accordance with such instructions as may be given them by the Secretary of State or, in Northern Ireland, as may be given in pursuance of the arrangements mentioned in sub-paragraph (2) above by the Minister making appointments of medical inspectors in Northern Ireland.

(4)An immigration officer or medical inspector may board any ship [F190or aircraft] for the purpose of exercising his functions under this Act.

(5)An immigration officer, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 below, may search any ship [F190or aircraft] and anything on board it, or any vehicle taken off a ship or aircraft on which it has been brought to the United Kingdom.

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Amendments (Textual)

F190Words in Sch. 2 para. 1(4)(5) substituted (2.8.1993) by S.I. 1993/1813, arts. 8, 1, Sch. 5 para. 1(a)

Modifications etc. (not altering text)

C128Reference to Minister of Health and Social Services in para. 1(2) to be construed as reference to head of Department of Health and Social Services and reference to other appropriate Minister of the Government of Northern Ireland to be construed as reference to the head of a Northern Ireland Department: Northern Ireland Constitution Act 1973 (c. 36), s. 7

Sch. 2 para. 1(2): transfer of certain functions (S.)(1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C129Sch. 2 para. 1(3): transfer of certain functions (S.)(1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Examination by immigration officers, and medical examinationE+W+S+N.I.

2(1)An immigration officer may examine any persons who have arrived in the United Kingdom by ship [F191or aircraft] (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) for the purpose of determining—E+W+S+N.I.

(a)whether any of them is or is not [F192a British citizen]; and

(b)whether, if he is not, he may or may not enter the United Kingdom without leave; and

[F193(c)whether, if he may not—

(i)he has been given leave which is still in force,

(ii)he should be given leave and for what period or on what conditions (if any), or

(iii)he should be refused leave.]

(2)Any such person, if he is seeking to enter the United Kingdom, may be examined also by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.

(3)A person, on being examined under this paragraph by an immigration officer or medical inspector, may be required in writing by him to submit to further examination; but a requirement under this sub-paragraph shall not prevent a person who arrives as a transit passenger, or as a member of the crew of a ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.

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Amendments (Textual)

F191Words in Sch. 2 para. 2(1) substituted (2.8.1993) by S.I. 1993/1813, arts 8, 1, Sch. 5 para. 1(b)

F193Sch. 2 para. 2(1)(c) substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 56; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C131Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

[F194 Examination of persons who arrive with continuing leave]E+W+S+N.I.

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Amendments (Textual)

F194Heading inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 57; S.I. 2000/168, art. 2, Sch

[F1952A(1)This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.E+W+S+N.I.

(2)He may be examined by an immigration officer for the purpose of establishing—

(a)whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;

(b)whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or

(c)whether there are medical grounds on which that leave should be cancelled.

[F196(2A)Where the person’s leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance.]

F196(3)He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.

(4)He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.

(5)A person examined under this paragraph may be required by the officer or inspector to submit to further examination.

(6)A requirement under sub-paragraph (5) does not prevent a person who arrives—

(a)as a transit passenger,

(b)as a member of the crew of a ship or aircraft, or

(c)for the purpose of joining a ship or aircraft as a member of the crew,

from leaving by his intended ship or aircraft.

(7)An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.

(8)An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.

(9)Cancellation of a person’s leave under sub-paragraph (8) is to be treated for the purposes of this Act and [F197Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals)] as if he had been refused leave to enter at a time when he had a current entry clearance.

(10)A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.]

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Amendments (Textual)

F195Sch. 2 para. 2A inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 58; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F197Words in Sch. 2 para. 2A(9) substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 2; S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

Modifications etc. (not altering text)

C132Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 2A extended (14.12.2001) by 2001 c. 24, ss. 22(2)(g)(3), 127(2)

3(1)An immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom F198. . .for the purpose of determining whether he is [F199a British citizen][F200and, if he is not a British citizen, for the purpose of establishing—E+W+S+N.I.

(a)his identity;

(b)whether he entered the United Kingdom lawfully;

(c)whether he has complied with any conditions of leave to enter or remain in the United Kingdom;

(d)whether his return to the United Kingdom is prohibited or restricted.

(1A)An immigration officer who examines a person under sub-paragraph (1) may require him, by notice in writing, to submit to further examination for a purpose specified in that sub-paragraph.]

(2)So long as any Order in Council is in force under section 3(7) of this Act, an immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom F198. . . for the purpose of determining—

(a)whether any of the provisions of the Order apply to him; and

(b)whether, if so, any power conferred by the Order should be exercised in relation to him and in what way.

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Amendments (Textual)

F198Words in Sch. 2 para. 3(1)(2) repealed (2.8.1993) by S.I. 1993/1813 arts. 1, 9, Sch. 6 Pt. I

F200Words in Sch. 2 para. 3 substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 42(2); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C133Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Information and documentsE+W+S+N.I.

4(1)It shall be the duty of any person examined under paragraph 2 [F201, 2A] or 3 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of his functions under that paragraph.E+W+S+N.I.

(2)A person on his examination under paragraph 2 [F201, 2A] or 3 above by an immigration officer shall, if so required by the immigration officer—

(a)produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and

(b)declare whether or not he is carrying or conveying [F202, or has carried or conveyed,] documents of any relevant description specified by the immigration officer, and produce any documents of that description which he is carrying or conveying.

In paragraph (b), “relevant description” means any description appearing to the immigration officer to be relevant for the purposes of the examination.

(2A)F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying [F204, or has carried or conveyed,] documents of any description,

[F205(a)he and any baggage or vehicle belonging to him or under his control; and

(b)any ship, aircraft or vehicle in which he arrived in the United Kingdom,]

may be searched with a view to ascertaining whether he is doing [F206or, as the case may be, has done] so by the immigration officer or a person acting under the directions of the officer:

Provided that no woman or girl shall be searched except by a woman.

[F207(4)Where a passport or other document is produced or found in accordance with this paragraph an immigration officer may examine it and detain it—

(a)for the purpose of examining it, for a period not exceeding 7 days;

(b)for any purpose, until the person to whom the document relates is given leave to enter the United Kingdom or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter;

(c)after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings in respect of an appeal under the Immigration Acts or in respect of an offence.

(5)For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination may require the person being examined to provide information (whether or not by submitting to a process by means of which information is obtained or recorded) about his external physical characteristics (which may include, in particular, fingerprints or features of the iris or any other part of the eye).F207]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F201Words in Sch. 2 para. 4(1)(2) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 58; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F203Sch. 2 para. 4(2A) repealed (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. {27(2)}, 61, {Sch. 3}; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F207Sch. 2 para. 4(4)(5) substituted (31.8.2006) for Sch. 2 para. 4(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 27(1); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C134Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 4 modified (18.7.2001) by S.I. 2001/2590, art. 3

5The Secretary of State may by order made by statutory instrument make provision for requiring passengers disembarking or embarking in the United Kingdom, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards in such form as the Secretary of State may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers.E+W+S+N.I.

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Modifications etc. (not altering text)

Notice of leave to enter or of refusal of leaveE+W+S+N.I.

6(1)Subject to sub-paragraph (3) below, where a person examined by an immigration officer under paragraph 2 above is to be given a limited leave to enter the United Kingdom or is to be refused leave, the notice giving or refusing leave shall be given not later than [F208twenty-four hours] after the conclusion of his examination (including any further examination) in pursuance of that paragraph; and if notice giving or refusing leave is not given him before the end of those [F208twenty-four hours], he shall (if not [F209a British citizen]) be deemed to have been given [F208leave to enter the United Kingdom for a period of six months subject to a condition prohibiting his taking employment] and the immigration officer shall as soon as may be give him written notice of that leave.E+W+S+N.I.

(2)Where on a person’s examination under paragraph 2 above he is given notice of leave to enter the United Kingdom, then at any time before the end of [F210twenty-four hours] from the conclusion of the examination he may be given a further notice in writing by an immigration officer cancelling the earlier notice and refusing him leave to enter.

(3)Where in accordance with this paragraph a person is given notice refusing him leave to enter the United Kingdom, that notice may at any time be cancelled by notice in writing given him by an immigration officer; and where a person is given a notice of cancellation under this sub-paragraph, [F211and the immigration officer does not at the same time give him indefinite or limited leave to enter [F212or require him to submit to further examination], he shall be deemed to have been given leave to enter for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.]

(4)Where an entrant is a member of a party in charge of a person appearing to the immigration officer to be a responsible person, any notice to be given in relation to that entrant in accordance with this paragraph shall be duly given if delivered to the person in charge of the party.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F212Words in s. 6(3) inserted (8.1.2003) by 2002 c. 41, s. 119, (with s. 159); S.I. 2002/2811, art. 2, Sch.

Modifications etc. (not altering text)

[F213 Power to require medical examination after entry]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F213Heading substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 59; S.I. 2000/168, art. 2, Sch

[F2147(1)This paragraph applies if an immigration officer examining a person under paragraph 2 decides—E+W+S+N.I.

(a)that he may be given leave to enter the United Kingdom; but

(b)that a further medical test or examination may be required in the interests of public health.

(2)This paragraph also applies if an immigration officer examining a person under paragraph 2A decides—

(a)that his leave to enter the United Kingdom should not be cancelled; but

(b)that a further medical test or examination may be required in the interests of public health.

(3)The immigration officer may give the person concerned notice in writing requiring him—

(a)to report his arrival to such medical officer of health as may be specified in the notice; and

(b)to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require.

(4)In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of—

(a)a medical inspector; or

(b)if no medical inspector is available, a fully qualified medical practitioner.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F214Sch. 2 para. 7 substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 59; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C137Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

C138Sch. 2 para. 7(1)(3)(4) modified (18.7.2001) by S.I. 2001/2590, art. 3

Removal of persons refused leave to enter and illegal entrantsE+W+S+N.I.

8(1)Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below—E+W+S+N.I.

(a)give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or

(b)give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

(c)give those owners or agents F215. . .directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—

(i)a country of which he is a national or citizen; or

(ii)a country or territory in which he has obtained a passport or other document of identity; or

(iii)a country or territory in which he embarked for the United Kingdom; or

(iv)a country or territory to which there is reason to believe that he will be admitted.

(2)No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter the United Kingdom [F216(ignoring any period during which an appeal by him under the Immigration Acts is pending)][F217except that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F215Words in Sch. 2 para. 8(1)(c) repealed (2.8.1993) by S.I. 1993/1813, arts. 9, 1, Sch. 6 Pt. I

F216Words in Sch. 2 para. 8(2) inserted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 4 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

Modifications etc. (not altering text)

C139Sch. 2 para. 8 applied (2.10.2000 with application as mentioned in reg. 9) by S.I. 2000/2326, reg. 25(3)(a)

Sch. 2 para. 8 modified (18.7.2001) by S.I. 2001/2590, art. 3

Sch. 2 para. 8 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

Sch. 2 para. 8 applied (with modifications) (17.7.2002) by S.I. 2002/1832, art. 2(2), Sch.

C140Sch. 2 para. 8(2) amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 13; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

C141Sch. 2 para. 8(2) modified (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(4)(7) (as substituted (1.4.2003) for reg. 34(4)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

9[F218(1)]Where an illegal entrant is not given leave to enter or remain in the United Kingdom, an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1).E+W+S+N.I.

[F219(2)Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.]

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Amendments (Textual)

Modifications etc. (not altering text)

C142Sch. 2 para. 9 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

Sch. 2 para. 9 modified (18.7.2001) by S.I. 2001/2590, art. 3

Sch. 2 para. 9 applied (with modifications) (17.7.2002) by S.I. 2002/1832, art. 2(2), Sch.

10(1)Where it appears to the Secretary of State either—E+W+S+N.I.

(a)that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or

(b)that directions might have been given in respect of a person under paragraph 8 above [F220but that the requirements of paragraph 8(2) have not been complied with];

then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(c).

(2)Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).

(3)The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.

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Amendments (Textual)

Modifications etc. (not altering text)

C143Sch. 2 para. 10 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 10 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)

Sch. 2 para. 10 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

[F22110AWhere directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.]E+W+S+N.I.

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Amendments (Textual)

11A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C144Sch. 2 para. 11 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision was extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 11 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)

Sch. 2 para. 11 applied (with modifications) (12.7.2002) by S.I. 2002/1832, art 2(2), Sch.

Seamen and aircrewsE+W+S+N.I.

12(1)If, on a person’s examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he has come to the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew, then the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom by requiring him to leave the United Kingdom in a ship or aircraft specified or indicated by the notice giving leave.E+W+S+N.I.

(2)Where a person (not being [F222a British citizen]) arrives in the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew and, having been given leave to enter as mentioned in sub-paragraph (1) above, remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so, an immigration officer may—

(a)give the captain of that ship or aircraft directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or

(b)give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

(c)give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—

(i)a country of which he is a national or citizen; or

(ii)a country or territory in which he has obtained a passport or other document of identity; or

(iii)a country or territory in which he embarked for the United Kingdom; or

(iv)a country or territory where he was engaged as a member of the crew of the ship or aircraft which he arrived in the United Kingdom to join; or

(v)a country or territory to which there is reason to believe that he will be admitted.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C145Sch. 2 para. 12 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

13(1)Where a person being a member of the crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom—E+W+S+N.I.

(a)in the manner authorised by paragraph 12(1) above; or

(b)if that person is to be allowed to enter the United Kingdom in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave the United Kingdom in accordance with arrangements to be made for his repatriation; or

(c)by requiring him to leave the United Kingdom within a specified period in accordance with arrangements to be made for his repatriation.

(2)Where a person (not being [F223a British citizen]) arrives in the United Kingdom as a member of the crew of a ship or aircraft, and either—

(A)having lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an immigration officer of intending to do so; or

(B)having been given leave limited as mentioned in subparagraph (1) above, he remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so;

an immigration officer may—

(a)give the captain of the ship or aircraft in which he arrived directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or

(b)give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

(c)give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—

(i)a country of which he is a national or citizen; or

(ii)a country or territory in which he has obtained a passport or other document of identity; or

(iii)a country in which he embarked for the United Kingdom; or

(iv)a country or territory in which he was engaged as a member of the crew of the ship or aircraft in which he arrived in the United Kingdom; or

(v)a country or territory to which there is reason to believe that he will be admitted.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C146Sch. 2 para. 13 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

14(1)Where it appears to the Secretary of State that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not practicable for them to be given or that, if given, they would be ineffective, then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c).E+W+S+N.I.

(2)Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).

(3)The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.

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