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Police and Justice Act 2006

Section 14: Information gathering powers: extension to domestic flights and voyages

162.Section 14 provides for section 32 of the Immigration, Asylum and Nationality Act 2006) (“the IAN Act”) (police powers to gather information relating to flights and voyages to or from the United Kingdom) to be amended to include:

  • ships or aircraft arriving, or expected to arrive, in the UK from elsewhere in the UK, and

  • ships or aircraft leaving or expected to leave, from any place in the UK for elsewhere in the UK.

163.This will enable a constable of at least the rank of superintendent to request passenger, crew or service information from the owner or agent of a ship or aircraft on air and sea journeys within the UK.

164.Section 32 of the IAN Act states that the passenger, crew and service information which may be collected under the section will be specified in secondary legislation. Secondary legislation may also specify the form and manner in which information is to be provided.

165.Section 32 of the IAN Act also requires passengers and crew members to provide the owner or agent of a ship or aircraft with any information that he requires for the purposes of complying with a requirement to provide information.

166.Requests have to be in writing, may apply generally or only to one or more specified ships or aircraft, in either case, throughout a specified period (not exceeding six months) and must state the information required and the date or time by which the information must be provided.

167.Subsection (3) amends section 32(5) (interpretation of that section) and section 33(5) (police powers to gather information about freight entering or leaving the United Kingdom: interpretation of section) of the IAN Act by inserting a definition of a ship. A ship is defined as including every description of vessel used in navigation and hovercraft. Subsections (4) and (5) amend section 36 (duty to share travel and freight information) and section 38 (disclosure of travel and freight information for security purposes) of the IAN Act by inserting the above definition of a ship.

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