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Immigration and Asylum Act 1999

Section 26: Charges: immigration control

99.The provisions of section 9(4) of the Immigration Act 1988, which is repealed by this Act, empowered the Secretary of State to provide, on request and in return for a charge, additional immigration officers, or to provide immigration officers to deal with passengers of a particular description or in particular circumstances. This section clarifies those provisions by introducing the concept of a “basic service”, which will establish the level of service to be provided at public expense, and above which level any services provided will be subject to charge.

100.Subsection (1)(a) provides for the Secretary of State to make arrangements and to impose charges for the provision of immigration officers or facilities at control ports in addition to those (if any) which are needed to provide a “basic service” at that port. It allows for charges to be made where the “basic service” determined for a control port does not include the provision of immigration officers, for example in circumstances where their presence is not normally required for the operation of immigration control at that port.

101.Subsection (1)(b) provides for charges to be made for dealing with passengers of a particular description or in particular circumstances, for example the provision of enhanced services for first class passengers at control ports or services elsewhere.

102.Subsection (2) defines the term “control port”, as given in section 25, as a port in which a control area is designated under paragraph 26 (3) of schedule 2 to the 1971 Act. Subsection (4) defines “basic service” as having such meaning as may be prescribed. The definition of “basic service” to be so prescribed is the subject of consultation with officials of the Department of the Environment, Transport and the Regions and representatives of the industry likely to be affected by these provisions.

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