Immigration Act 1971

4 (1) It shall be the duty of any person examined under paragraph 2 [F1 , 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 [F1 , 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 [F2 , 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) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying [F4 , or has carried or conveyed,] documents of any description,

[F5 (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 [F6 or, 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.

[F7 (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).]

Annotations:

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Amendments (Textual)

F1 Words 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.)

F2 Words in Sch. 2 para. 4(2)(b) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(1); S.I. 1996/2053, art. 2, Sch. Pt. III

F3 Sch. 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)

F4 Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(a); S.I. 1996/2053, art. 2, Sch. Pt. III

F5 Sch. 2 para. 4(3)(a)(b) substituted (1.10.1996) for words by 1996 c. 49, s 12(1), Sch. 2 para. 5(2)(b); S.I. 1996/2053, art. 2, Sch. Pt. III

F6 Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(c); S.I. 1996/2053, art. 2, Sch. Pt. III

F7 Sch. 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)

C1 Sch. 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