Nationality, Immigration and Asylum Act 2002

Authority-to-carry scheme

124 Authority to carry

(1) Regulations made by the Secretary of State may authorise him to require a person (a “carrier”) to pay a penalty if the carrier brings a passenger to the United Kingdom and—

(a) the carrier was required by an authority-to-carry scheme to seek authority under the scheme to carry the passenger, and

(b) the carrier did not seek authority before the journey to the United Kingdom commenced or was refused authority under the scheme.

(2) An “authority-to-carry scheme” is a scheme operated by the Secretary of State which requires carriers to seek authority to bring passengers to the United Kingdom.

(3) An authority-to-carry scheme must specify—

(a) the class of carrier to which it applies (which may be defined by reference to a method of transport or otherwise), and

(b) the class of passenger to which it applies (which may be defined by reference to nationality, the possession of specified documents or otherwise).

(4) The Secretary of State may operate different authority-to-carry schemes for different purposes.

(5) Where the Secretary of State makes regulations under subsection (1) he must—

(a) identify in the regulations the authority-to-carry scheme to which they refer, and

(b) lay the authority-to-carry scheme before Parliament.

(6) Regulations under subsection (1) may, in particular—

(a) apply or make provision similar to a provision of sections 40 to 43 of and Schedule 1 to the Immigration and Asylum Act 1999 (c. 33) (charge for passenger without document);

(b) do anything which may be done under a provision of any of those sections;

(c) amend any of those sections.

(7) Regulations by virtue of subsection (6)(a) may, in particular—

(a) apply a provision with modification;

(b) apply a provision which confers power to make legislation.

(8) The grant or refusal of authority under an authority-to-carry scheme shall not be taken to determine whether a person is entitled or permitted to enter the United Kingdom.

(9) Regulations under this section—

(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.