Search Legislation

Immigration, Asylum and Nationality Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Immigration, Asylum and Nationality Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

InformationE+W+S+N.I.

27Documents produced or foundE+W+S+N.I.

(1)For paragraph 4(4) of Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry: documents) substitute—

(4)Where a passport or other document is produced or found in accordance with this paragraph an immigration officer may examine it and detain it—

(a)for the purpose of examining it, for a period not exceeding 7 days;

(b)for any purpose, until the person to whom the document relates is given leave to enter the United Kingdom or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter;

(c)after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings in respect of an appeal under the Immigration Acts or in respect of an offence.

(5)For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination may require the person being examined to provide information (whether or not by submitting to a process by means of which information is obtained or recorded) about his external physical characteristics (which may include, in particular, fingerprints or features of the iris or any other part of the eye).

(2)Paragraph 4(2A) of that Schedule shall cease to have effect.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1S. 27 extended (with modifications) (Guernsey) (15.7.2015 coming into force in accordance with art. 1) by The Immigration (Guernsey) Order 2015 (S.I. 2015/1533), arts. 1, 4, Sch. 1

Commencement Information

I1S. 27 in force at 31.8.2006 by S.I. 2006/2226, art. 3, Sch. 1 (with art. 4(6)(7))

28FingerprintingE+W+S+N.I.

(1)Section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) shall be amended as follows.

(2)In subsection (7)(d) for “arrested under paragraph 17 of Schedule 2 to the 1971 Act;” substitute “ detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule; ”.

(3)In subsection (8)(d) for “arrest;” substitute “ detention or arrest; ”.

(4)At the end add—

(17)Section 157(1) applies to this section (in so far as it relates to removal centres by virtue of subsection (5)(e)) as it applies to Part VIII.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 28 in force at 31.8.2006 by S.I. 2006/2226, art. 3, Sch. 1

29Attendance for fingerprintingE+W+S+N.I.

For section 142(2) of the Immigration and Asylum Act 1999 (c. 33) (attendance for fingerprinting: timing) substitute—

(2)In the case of a notice given to a person of a kind specified in section 141(7)(a) to (d) or (f) (in so far as it applies to a dependant of a person of a kind specified in section 141(7)(a) to (d)), the notice—

(a)must require him to attend during a specified period of at least seven days beginning with a day not less than seven days after the date given in the notice as its date of issue, and

(b)may require him to attend at a specified time of day or during specified hours.

(2A)In the case of a notice given to a person of a kind specified in section 141(7)(e) or (f) (in so far as it applies to a dependant of a person of a kind specified in section 141(7)(e)), the notice—

(a)may require him to attend during a specified period beginning with a day not less than three days after the date given in the notice as its date of issue,

(b)may require him to attend on a specified day not less than three days after the date given in the notice as its date of issue, and

(c)may require him to attend at a specified time of day or during specified hours.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 29 in force at 31.8.2006 by S.I. 2006/2226, art. 3, Sch. 1

30Proof of right of abodeE+W+S+N.I.

For section 3(9) of the Immigration Act 1971 (c. 77) (proof of right of abode) substitute—

(9)A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove it by means of—

(a)a United Kingdom passport describing him as a British citizen,

(b)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,

(c)an ID card issued under the Identity Cards Act 2006 describing him as a British citizen,

(d)an ID card issued under that Act describing him as a British subject with the right of abode in the United Kingdom, or

(e)a certificate of entitlement.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 30 in force at 16.6.2006 by S.I. 2006/1497, art. 3, Sch.

31Provision of information to immigration officersE+W+S+N.I.

(1)Schedule 2 to the Immigration Act 1971 (controls on entry: administration) shall be amended as follows.

(2)In paragraph 27 (provision of passenger lists, &c.) for sub-paragraph (2) substitute—

(2)The Secretary of State may by order require, or enable an immigration officer to require, a responsible person in respect of a ship or aircraft to supply—

(a)a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the ship or aircraft;

(b)particulars of members of the crew of the ship or aircraft.

(3)An order under sub-paragraph (2) may relate—

(a)to all ships or aircraft arriving or expected to arrive in the United Kingdom;

(b)to all ships or aircraft leaving or expected to leave the United Kingdom;

(c)to ships or aircraft arriving or expected to arrive in the United Kingdom from or by way of a specified country;

(d)to ships or aircraft leaving or expected to leave the United Kingdom to travel to or by way of a specified country;

(e)to specified ships or specified aircraft.

(4)For the purposes of sub-paragraph (2) the following are responsible persons in respect of a ship or aircraft—

(a)the owner or agent, and

(b)the captain.

(5)An order under sub-paragraph (2)—

(a)may specify the time at which or period during which information is to be provided,

(b)may specify the form and manner in which information is to be provided,

(c)shall be made by statutory instrument, and

(d)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)In paragraph 27B (passenger information)—

(a)in each place after “passenger information” insert “ or service information ”, and

(b)after sub-paragraph (9) insert—

(9A)Service information” means such information relating to the voyage or flight undertaken by the ship or aircraft as may be specified.

(4)In section 27 of the Immigration Act 1971 (c. 77) (offences)—

(a)in paragraph (b)(iv) for “the requirements of paragraph 27B or 27C of Schedule 2” substitute “ a requirement imposed by or under Schedule 2 ”, and

(b)in paragraph (c) omit “as owner or agent of a ship or aircraft or”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2S. 31 extended (Guernsey) (with modifications) (12.10.2011) by The Immigration (Guernsey) Order 2011 (S.I. 2011/2444), arts. 1, 4, Sch. 1

C3S. 31 extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1)) by The Immigration (Jersey) Order 2012 (S.I. 2012/1763), arts. 1(1), 2, Sch. 1

Commencement Information

I5S. 31 in force at 5.11.2007 for specified purposes by S.I. 2007/3138, art. 2(d)

I6S. 31 in force at 1.3.2008 in so far as not already in force by S.I. 2007/3138, art. 3(b)

32Passenger and crew information: police powersE+W+S+N.I.

(1)This section applies to ships and aircraft which are—

(a)arriving, or expected to arrive, in the United Kingdom, or

(b)leaving, or expected to leave, the United Kingdom.

(2)The owner or agent of a ship or aircraft shall comply with any requirement imposed by a constable of the rank of superintendent or above to provide passenger or service information.

(3)A passenger or member of crew shall provide to the owner or agent of a ship or aircraft any information that he requires for the purpose of complying with a requirement imposed by virtue of subsection (2).

(4)A constable may impose a requirement under subsection (2) only if he thinks it necessary—

(a)in the case of a constable in England, Wales or Northern Ireland, for police purposes, or

(b)in the case of a constable in Scotland, for police purposes which are or relate to reserved matters.

(5)In this section—

(a)passenger or service information” means information which is of a kind specified by order of the Secretary of State and which relates to—

(i)passengers,

(ii)members of crew, or

(iii)a voyage or flight,

(b)police purposes” has the meaning given by section 21(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of State), and

(c)reserved matters” has the same meaning as in the Scotland Act 1998 (c. 46).

(6)A requirement imposed under subsection (2)—

(a)must be in writing,

(b)may apply generally or only to one or more specified ships or aircraft,

(c)must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect,

(d)must state—

(i)the information required, and

(ii)the date or time by which it is to be provided.

[F1(e)may include a requirement for the owner or agent of a ship or aircraft to be able to receive, in a specified form and manner, communications relating to the information.]

(7)The Secretary of State may make an order specifying a kind of information under subsection (5)(a) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).

(8)An order under subsection (5)(a)—

(a)may apply generally or only to specified cases or circumstances,

(b)may make different provision for different cases or circumstances,

(c)may specify the form and manner in which information is to be provided,

(d)shall be made by statutory instrument, and

(e)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C4S. 32 modified by SI 1993/1813, Sch. 4 para. 3A(a) (as inserted (2.1.2008) by Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(4))

C5S. 32 extended (Guernsey) (with modifications) (12.10.2011) by The Immigration (Guernsey) Order 2011 (S.I. 2011/2444), arts. 1, 4, Sch. 1

C6S. 32 extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1)) by The Immigration (Jersey) Order 2012 (S.I. 2012/1763), arts. 1(1), 2, Sch. 1

Commencement Information

I7S. 32 in force at 5.11.2007 for specified purposes by S.I. 2007/3138, art. 2(e)

I8S. 32 in force at 1.3.2008 in so far as not already in force by S.I. 2007/3138, art. 3(b)

[F232ARegulations requiring information to be provided to policeE+W+S+N.I.

(1)The Secretary of State may make regulations requiring responsible persons in relation to ships or aircraft—

(a)which have arrived, or are expected to arrive, in the United Kingdom, or

(b)which have left, or are expected to leave, the United Kingdom,

to provide information to the police.

(2)The following information may be required under subsection (1)—

(a)information about the persons on board;

(b)information about the voyage or flight.

(3)Regulations may impose a requirement to provide the information only if the Secretary of State thinks it necessary—

(a)in the case of a requirement to provide information to the police in England and Wales, for police purposes;

(b)in the case of a requirement to provide information to the police in Scotland, for police purposes which are or relate to reserved matters (within the meaning of the Scotland Act 1998);

(c)in the case of a requirement to provide information to the police in Northern Ireland, for police purposes which are or relate to excepted or reserved matters (within the meaning of the Northern Ireland Act 1998).

In this subsection “ police purposes ” has the same meaning as in section 32.

(4)The regulations must—

(a)specify or describe the classes of ships or aircraft to which they apply;

(b)specify the information required to be provided;

(c)specify the time by which the information must be provided;

(d)specify the form and manner in which the information must be provided.

(5)The regulations may require responsible persons to be able to receive, in a specified form and manner, communications sent by the police, the Secretary of State or an immigration officer relating to the information.

(6)Regulations under this section—

(a)may apply generally or only to specified cases or circumstances,

(b)may make different provision for different cases or circumstances,

(c)shall be made by statutory instrument, and

(d)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(7)For the purposes of this section, the following are responsible persons in respect of a ship or aircraft—

(a)the owner or agent, and

(b)the captain.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

32BPenalty for breach of section 32 or 32AE+W+S+N.I.

(1)The Secretary of State may make regulations imposing penalties for failure to comply with a requirement imposed—

(a)under section 32(2) (provision of passenger, crew or service information), or

(b)by regulations made under section 32A (regulations requiring information to be provided to police).

(2)Regulations under subsection (1) may in particular make provision—

(a)about how a penalty is to be calculated;

(b)about the procedure for imposing a penalty;

(c)about the enforcement of penalties;

(d)allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different purposes.

(3)Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.

(4)The regulations must provide that no penalty may be imposed on a person for failure to comply with a requirement imposed under section 32(2) or by regulations made under section 32A where—

(a)proceedings have been instituted against the person under section 34 in respect of the same failure, or

(b)the failure consists of a failure to provide information that the person has also been required to provide under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971 and—

(i)a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under paragraph 27BB of that Schedule, or

(ii)proceedings have been instituted against the person under section 27 of that Act in respect of a failure to provide that information, or

(c)the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 24 of that Act.

(5)Any penalty paid by virtue of this section must be paid into the Consolidated Fund.

(6)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.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

33Freight information: police powersE+W+S+N.I.

(1)This section applies to ships, aircraft and vehicles which are—

(a)arriving, or expected to arrive, in the United Kingdom, or

(b)leaving, or expected to leave, the United Kingdom.

(2)If a constable of the rank of superintendent or above requires a person specified in subsection (3) to provide freight information he shall comply with the requirement.

(3)The persons referred to in subsection (2) are—

(a)in the case of a ship or aircraft, the owner or agent,

(b)in the case of a vehicle, the owner or hirer, and

(c)in any case, persons responsible for the import or export of the freight into or from the United Kingdom.

(4)A constable may impose a requirement under subsection (2) only if he thinks it necessary—

(a)in the case of a constable in England, Wales or Northern Ireland, for police purposes, or

(b)in the case of a constable in Scotland, for police purposes which are or relate to reserved matters.

(5)In this section—

(a)freight information” means information which is of a kind specified by order of the Secretary of State and which relates to freight carried,

(b)police purposes” has the meaning given by section 21(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of State), and

(c)reserved matters” has the same meaning as in the Scotland Act 1998 (c. 46).

(6)A requirement imposed under subsection (2)—

(a)must be in writing,

(b)may apply generally or only to one or more specified ships, aircraft or vehicles,

(c)must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect, and

(d)must state—

(i)the information required, and

(ii)the date or time by which it is to be provided.

(7)The Secretary of State may make an order specifying a kind of information under subsection (5)(a) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).

(8)An order under subsection (5)(a)—

(a)may apply generally or only to specified cases or circumstances,

(b)may make different provision for different cases or circumstances,

(c)may specify the form and manner in which the information is to be provided,

(d)shall be made by statutory instrument, and

(e)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9S. 33 in force at 1.4.2008 for specified purposes by S.I. 2008/310, art. 3(b)

34OffenceE+W+S+N.I.

(1)A person commits an offence if without reasonable excuse he fails to comply with a requirement [F3imposed—

(a)under section 32(2) or (3) or 33(2), or

(b)by regulations made under section 32A].

[F4(1A)Proceedings may not be instituted against a person under subsection (1) for a failure to comply with a requirement imposed under section 32(2) or by regulations made under section 32A where—

(a)the person has paid a penalty in respect of the same failure, or a failure to provide the same information, by virtue of regulations made under—

(i)section 32B,

(ii)paragraph 27BB of Schedule 2 to the Immigration Act 1971, or

(iii)section 24 of the Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry scheme); or

(b)proceedings have been instituted against the person under section 27 of the Immigration Act 1971 in respect of a failure to provide the same information.]

(2)But—

(a)a person who fails without reasonable excuse to comply with a requirement imposed under section 32(2) or 33(2) by a constable in England and Wales or Northern Ireland otherwise than in relation to a reserved matter (within the meaning of the Scotland Act 1998 (c. 46)) shall not be treated as having committed the offence in Scotland (but has committed the offence in England and Wales or Northern Ireland), and

(b)a person who fails without reasonable excuse to comply with a requirement which is imposed under section 32(3) for the purpose of complying with a requirement to which paragraph (a) applies—

(i)shall not be treated as having committed the offence in Scotland, but

(ii)shall be treated as having committed the offence in England and Wales or Northern Ireland[F5, and

(c)where a person fails without reasonable excuse to comply with a requirement imposed by regulations made under section 32A to provide information to the police in England and Wales—

(i)if the required information does not relate to a reserved matter (within the meaning of the Scotland Act 1998), the person shall not be treated as having committed the offence in Scotland (but has committed the offence in England and Wales);

(ii)if the required information does not relate to an excepted or reserved matter (within the meaning of the Northern Ireland Act 1998), the person shall not be treated as having committed the offence in Northern Ireland (but has committed the offence in England and Wales).]

(3)A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks in England and Wales or 6 months in Scotland or Northern Ireland,

(b)a fine not exceeding level 4 on the standard scale, or

(c)both.

(4)In relation to a conviction occurring before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference to 51 weeks in subsection (2)(a) shall be taken as a reference to three months.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Words in s. 34(1) substituted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 8(2)

Modifications etc. (not altering text)

C7S. 34 modified by SI 1993/1813, Sch. 4 para. 3A(b) (as inserted (2.1.2008) by Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(4))

C8S. 34 extended (Guernsey) (with modifications) (12.10.2011) by The Immigration (Guernsey) Order 2011 (S.I. 2011/2444), arts. 1, 4, Sch. 1

C9S. 34 extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1)) by The Immigration (Jersey) Order 2012 (S.I. 2012/1763), arts. 1(1), 2, Sch. 1

Commencement Information

I10S. 34 in force at 1.3.2008 by S.I. 2007/3138, art. 3(a)

35Power of Revenue and Customs to obtain informationE+W+S+N.I.

In section 35(2) and (3) of the Customs and Excise Management Act 1979 (c. 2) (arrivals in the United Kingdom) after “arriving” insert “ , or expected to arrive, ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11S. 35 in force at 1.3.2008 by S.I. 2007/3138, art. 3(a)

36Duty to share informationE+W+S+N.I.

(1)This section applies to—

[F6(a)designated customs officials,

(aa)immigration officers,

(ab)the Secretary of State in so far as the Secretary of State has general customs functions,

(ac)the Secretary of State in so far as the Secretary of State has functions relating to immigration, asylum or nationality,

(ad)the Director of Border Revenue and any person exercising functions of the Director,]

(b)a chief officer of police, and

(c)Her Majesty's Revenue and Customs.

(2)The persons specified in subsection (1) shall share information to which subsection (4) applies and which is obtained or held by them in the course of their functions to the extent that the information is likely to be of use for—

(a)immigration purposes,

(b)police purposes, or

(c)Revenue and Customs purposes.

(3)But a chief officer of police in Scotland shall share information under subsection (2) only to the extent that it is likely to be of use for—

(a)immigration purposes,

(b)police purposes, in so far as they are or relate to reserved matters within the meaning of the Scotland Act 1998, or

(c)Revenue and Customs purposes other than the prosecution of crime.

(4)This subsection applies to information which—

(a)is obtained or held in the exercise of a power specified by the Secretary of State and the Treasury jointly by order and relates to—

(i)passengers on a ship or aircraft,

(ii)crew of a ship or aircraft,

(iii)freight on a ship or aircraft, or

(iv)flights or voyages, or

(b)relates to such other matters in respect of travel or freight as the Secretary of State and the Treasury may jointly specify by order.

(5)The Secretary of State and the Treasury may make an order under subsection (4) which has the effect of requiring information to be shared only if satisfied that—

(a)the sharing is likely to be of use for—

(i)immigration purposes,

(ii)police purposes, or

(iii)Revenue and Customs purposes, and

(b)the nature of the information is such that there are likely to be circumstances in which it can be shared under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).

(6)Information shared in accordance with subsection (2)—

(a)shall be made available to each of the persons [F7or descriptions of persons] specified in subsection (1), and

(b)may be used for immigration purposes, police purposes or Revenue and Customs purposes (regardless of its source).

(7)An order under subsection (4) may not specify—

(a)a power of Her Majesty's Revenue and Customs if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, or

(b)a matter to which that section applies.

(8)An order under subsection (4)—

(a)shall 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.

(9)In this section—

  • chief officer of police” means—

    (a)

    in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996 (c. 16),

    (b)

    in Scotland, the chief constable of [F8the Police Service of Scotland], and

    (c)

    in Northern Ireland, the chief constable of the Police Service of Northern Ireland,

  • immigration purposes” has the meaning given by section 20(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure to Secretary of State),

  • police purposes” has the meaning given by section 21(3) of that Act (disclosure by Secretary of State), and

  • Revenue and Customs purposes” means those functions of Her Majesty's Revenue and Customs specified in section 21(6) of that Act.

  • [F9“designated customs official” and “general customs function” have the meanings given by Part 1 of the Borders, Citizenship and Immigration Act 2009,]

(10)This section has effect despite any restriction on the purposes for which information may be disclosed or used.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6S. 36 (1)(a)-(ad) substituted for s.36 (1)(a) (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 21(1), 58(1) (with s. 36(4))

F7Words in s. 36(6)(a) inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 21(2), 58(1) (with s. 36(4))

F9Words in s. 36(9) inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 21(3), 58(1) (with s. 36(4))

Modifications etc. (not altering text)

C10S. 36 modified by SI 1993/1813, Sch. 4 para. 3A(c) (as inserted (2.1.2008) by Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(4))

Commencement Information

I12S. 36 in force at 5.11.2007 for specified purposes by S.I. 2007/3138, art. 2(f)

I13S. 36 in force at 1.3.2008 in so far as not already in force by S.I. 2007/3138, art. 3(b)

37Information sharing: code of practiceE+W+S+N.I.

(1)The Secretary of State and the Treasury shall jointly issue one or more codes of practice about—

(a)the use of information shared in accordance with section 36(2), and

(b)the extent to which, or form or manner in which, shared information is to be made available in accordance with section 36(6).

(2)A code—

(a)shall not be issued unless a draft has been laid before Parliament, and

(b)shall come into force in accordance with provision made by order of the Secretary of State and the Treasury jointly.

(3)The Secretary of State and the Treasury shall jointly from time to time review a code and may revise and re-issue it following a review; and subsection (2) shall apply to a revised code.

(4)An order under subsection (2)—

(a)shall be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C11S. 37 modified by SI 1993/1813, Sch. 4 para. 3A(d) (as inserted (2.1.2008) by Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(4))

Commencement Information

I14S. 37 in force at 5.11.2007 for specified purposes by S.I. 2007/3138, art. 2(g)

I15S. 37 in force at 1.3.2008 in so far as not already in force by S.I. 2007/3138, art. 3(b)

F1038Disclosure of information for security purposesE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I16S. 38 in force at 5.11.2007 for specified purposes by S.I. 2007/3138, art. 2(h)

I17S. 38 in force at 1.3.2008 in so far as not already in force by S.I. 2007/3138, art. 3(b)

39Disclosure to law enforcement agenciesE+W+S+N.I.

(1)A chief officer of police may disclose information obtained in accordance with section 32 or 33 to—

(a)the States of Jersey police force;

(b)the salaried police force of the Island of Guernsey;

(c)the Isle of Man constabulary;

(d)any other foreign law enforcement agency.

(2)In subsection (1) “foreign law enforcement agency” means a person outside the United Kingdom with functions similar to functions of—

(a)a police force in the United Kingdom, or

(b)the [F11National Crime Agency ].

(3)In subsection (1) “chief officer of police” means—

(a)in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996,

(b)in Scotland, the chief constable of [F12the Police Service of Scotland], and

(c)in Northern Ireland, the chief constable of the Police Service of Northern Ireland.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11Words in s. 39(2)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 186; S.I. 2013/1682, art. 3(v)

Modifications etc. (not altering text)

C12S. 39 modified by SI 1993/1813, Sch. 4 para. 3A(f) (as inserted (2.1.2008) by Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(4))

C13S. 39 extended (Guernsey) (with modifications) (12.10.2011) by The Immigration (Guernsey) Order 2011 (S.I. 2011/2444), arts. 1, 4, Sch. 1

C14S. 39 extended in part (Jersey) (with modifications) (coming into force in accordance with art.1(1)) by The Immigration (Jersey) Order 2012 (S.I. 2012/1763), arts. 1(1), 2, Sch. 1

Commencement Information

I18S. 39 in force at 1.3.2008 by S.I. 2007/3138, art. 3(a)

40Searches: contracting outE+W+S+N.I.

(1)An authorised person may, in accordance with arrangements made under this section, search a searchable ship, aircraft, vehicle or other thing for the purpose of satisfying himself whether there are individuals whom an immigration officer might wish to examine under paragraph 2 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: administrative provisions).

(2)For the purposes of subsection (1)—

(a)authorised” means authorised for the purpose of this section by the Secretary of State, and

(b)a ship, aircraft, vehicle or other thing is “searchable” if an immigration officer could search it under paragraph 1(5) of that Schedule.

(3)The Secretary of State may authorise a specified class of constable for the purpose of this section.

(4)The Secretary of State may, with the consent of the Commissioners for Her Majesty's Revenue and Customs, authorise a specified class of officers of Revenue and Customs for the purpose of this section.

(5)The Secretary of State may authorise a person other than a constable or officer of Revenue and Customs for the purpose of this section only if—

(a)the person applies to be authorised, and

(b)the Secretary of State thinks that the person is—

(i)fit and proper for the purpose, and

(ii)suitably trained.

(6)The Secretary of State—

(a)may make arrangements for the exercise by authorised constables of the powers under subsection (1),

(b)may make arrangements with the Commissioners for Her Majesty's Revenue and Customs for the exercise by authorised officers of Revenue and Customs of the powers under subsection (1), and

(c)may make arrangements with one or more persons for the exercise by authorised persons other than constables and officers of Revenue and Customs of the power under subsection (1).

(7)Where in the course of a search under this section an authorised person discovers an individual whom he thinks an immigration officer might wish to examine under paragraph 2 of that Schedule, the authorised person may—

(a)search the individual for the purpose of discovering whether he has with him anything of a kind that might be used—

(i)by him to cause physical harm to himself or another,

(ii)by him to assist his escape from detention, or

(iii)to establish information about his identity, nationality or citizenship or about his journey;

(b)retain, and as soon as is reasonably practicable deliver to an immigration officer, anything of a kind described in paragraph (a) found on a search under that paragraph;

(c)detain the individual, for a period which is as short as is reasonably necessary and which does not exceed three hours, pending the arrival of an immigration officer to whom the individual is to be delivered;

(d)take the individual, as speedily as is reasonably practicable, to a place for the purpose of delivering him to an immigration officer there;

(e)use reasonable force for the purpose of doing anything under paragraphs (a) to (d).

(8)Despite the generality of subsection (7)—

(a)an individual searched under that subsection may not be required to remove clothing other than an outer coat, a jacket or a glove (but he may be required to open his mouth), and

(b)an item may not be retained under subsection (7)(b) if it is subject to legal privilege—

(i)in relation to a search carried out in England and Wales, within the meaning of the Police and Criminal Evidence Act 1984 (c. 60),

(ii)in relation to a search carried out in Scotland, within the meaning of section 412 of the Proceeds of Crime Act 2002 (c. 29), and

(iii)in relation to a search carried out in Northern Ireland, within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C15S. 40 extended by SI 2003/2818, art. 11(1)(g) (as inserted (E.W.S.) (18.11.2006) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 (S.I. 2006/2908), arts. 1, 2(a))

Commencement Information

I19S. 40 in force at 31.8.2006 by S.I. 2006/2226, art. 3, Sch. 1

41Section 40: supplementalE+W+S+N.I.

(1)Arrangements under section 40(6)(c) must include provision for the appointment of a Crown servant to—

(a)monitor the exercise of powers under that section by authorised persons (other than constables or officers of Revenue and Customs),

(b)inspect from time to time the way in which the powers are being exercised by authorised persons (other than constables or officers of Revenue and Customs), and

(c)investigate and report to the Secretary of State about any allegation made against an authorised person (other than a constable or officer of Revenue and Customs) in respect of anything done or not done in the purported exercise of a power under that section.

(2)The authorisation for the purpose of section 40 of a constable or officer of Revenue and Customs or of a class of constable or officer of Revenue and Customs—

(a)may be revoked, and

(b)shall have effect, unless revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation.

(3)The authorisation of a person other than a constable or officer of Revenue and Customs for the purpose of section 40—

(a)may be subject to conditions,

(b)may be suspended or revoked by the Secretary of State by notice in writing to the authorised person, and

(c)shall have effect, unless suspended or revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation.

(4)A class may be specified for the purposes of section 40(3) or (4) by reference to—

(a)named individuals,

(b)the functions being exercised by a person,

(c)the location or circumstances in which a person is exercising functions, or

(d)any other matter.

(5)An individual or article delivered to an immigration officer under section 40 shall be treated as if discovered by the immigration officer on a search under Schedule 2 to the Immigration Act 1971 (c. 77).

(6)A person commits an offence if he—

(a)absconds from detention under section 40(7)(c),

(b)absconds while being taken to a place under section 40(7)(d) or having been taken to a place in accordance with that paragraph but before being delivered to an immigration officer,

(c)obstructs an authorised person in the exercise of a power under section 40, or

(d)assaults an authorised person who is exercising a power under section 40.

(7)But a person does not commit an offence under subsection (6) by doing or failing to do anything in respect of an authorised person who is not readily identifiable—

(a)as a constable or officer of Revenue and Customs, or

(b)as an authorised person (whether by means of a uniform or badge or otherwise).

(8)A person guilty of an offence under subsection (6) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks, in the case of a conviction in England and Wales, or six months, in the case of a conviction in Scotland or Northern Ireland,

(b)a fine not exceeding level 5 on the standard scale, or

(c)both.

(9)In relation to a conviction occurring before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in subsection (8)(a) to 51 weeks shall be treated as a reference to six months.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C16S. 41 extended by SI 2003/2818, art. 11(1)(g) (as inserted (E.W.S.) (18.11.2006) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 (S.I. 2006/2908), arts. 1, 2(a))

Commencement Information

I20S. 41 in force at 31.8.2006 by S.I. 2006/2226, art. 3, Sch. 1

42Information: embarking passengersE+W+S+N.I.

(1)Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be amended as follows.

(2)In paragraph 3(1) for the words from “and if he is not” to the end substitute— and, if he is not a British citizen, for the purpose of establishing—

(a)his identity;

(b)whether he entered the United Kingdom lawfully;

(c)whether he has complied with any conditions of leave to enter or remain in the United Kingdom;

(d)whether his return to the United Kingdom is prohibited or restricted.

(1A)An immigration officer who examines a person under sub-paragraph (1) may require him, by notice in writing, to submit to further examination for a purpose specified in that sub-paragraph.

(3)After paragraph 16(1A) insert—

(1B)A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination.

(4)In paragraph 21(1) after “16” insert “ (1), (1A) or (2) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C17S. 42 extended (with modifications) (Guernsey) (15.7.2015 coming into force in accordance with art. 1) by The Immigration (Guernsey) Order 2015 (S.I. 2015/1533), arts. 1, 4, Sch. 1

Commencement Information

I21S. 42 in force at 31.8.2006 by S.I. 2006/2226, art. 3, Sch. 1

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources