Part 6Immigration Procedure
Authority-to-carry scheme
124Authority 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.