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Immigration Act 1971

Status:

This is the original version (as it was originally enacted).

33Interpretation

(1)For purposes of this Act, except in so far as the context otherwise requires—

  • " aircraft " includes hovercraft, " airport " includes hover-port and " port" includes airport;

  • " captain " means master (of a ship) or commander (of an aircraft);

  • "certificate of patriality" means such a certificate as is referred to in section 3(9) above;

  • " 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 ;

  • "entrant" means a person entering or seeking to enter the United Kingdom, and " illegal entrant" means a person unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, and includes also a person who has so entered;

  • " entry clearance "- means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence of a person's eligibility, though not patrial, 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 or by any adoption specified as an overseas adoption by order of the Secretary of State under section 4 of the Adoption Act 1968 ;

  • " 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 with section 2(3)(d) above but, where used in relation to the United Kingdom only, as if any reference in section 2(3)(d) or in section 8(5) to the Islands were omitted ;

  • " ship " includes every description of vessel used in navigation ;

  • " work permit" means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not patrial, for entry into the United Kingdom for the purpose of taking employment.

(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.

(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.

(4)For purposes of this Act an appeal under Part II shall, subject to any express provision to the contrary, be treated as pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn; and in the case of an appeal to an adjudicator, the appeal shall not be treated as finally determined so long as a further appeal can be brought by virtue of section 20 nor, if such an appeal is duly brought, until it is determined or withdrawn.

(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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