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.