The Immigration Control (Provision of Facilities at Ports) Order 2003

Statutory Instruments

2003 No. 612

IMMIGRATION

The Immigration Control (Provision of Facilities at Ports) Order 2003

Made

10th March 2003

Laid before Parliament

11th March 2003

Coming into force

1st April 2003

The Secretary of State, in exercise of the powers conferred on him by section 25(7) of the Immigration and Asylum Act 1999(1), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Immigration Control (Provision of Facilities at Ports) Order 2003 and shall come into force on 1st April 2003.

Interpretation

2.  In this Order—

“immigration control” means the exercise of any functions of the Secretary of State and of immigration officers under the Immigration Acts, within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002(2);

“immigration control front” means a line or area of desks or facilities which marks the place within an area designated under paragraph 26(3) of Schedule 2 to the Immigration Act 1971(3) where immigration control is undertaken; and

“utilities” means the provision of services such as lighting, heating, ventilation and water supply.

Meaning of “facilities”

3.—(1) For the purposes of section 25(7) of the Immigration and Asylum Act 1999, “facilities” means the accommodation specified in paragraph (2) and the services specified in paragraph (3).

(2) The accommodation is:

(a) an immigration control front or fronts;

(b) a room or rooms at the immigration control front—

(i) for the purpose of enabling immigration officers to view passengers as they pass through that front;

(ii) for other purposes connected with the exercise of immigration control at that front;

(c) a room or rooms for the purpose of interviewing passengers;

(d) a room or rooms for the purposes of—

(i) photography, fingerprinting and other methods of establishing and confirming identity;

(ii) checking the authenticity of documents; and

(iii) accommodating information technology server equipment;

(e) a room or rooms for the purpose of detaining persons who are liable to detention under the Immigration Act 1971; and

(f) a waiting area or areas for persons whom an immigration officer has interviewed, or may wish to interview, in connection with passengers seeking leave to enter the United Kingdom.

(3) The services are utilities and cleaning services for the accommodation mentioned in paragraph (2).

Beverley Hughes

Minister of State

Home Office

10th March 2003

Explanatory Note

(This note is not part of the Order)

This Order specifies the accommodation and services which constitute “facilities” for the purposes of section 25 of the Immigration and Asylum Act 1999.

(1)

1999 c. 33.

(2)

2002 c. 41.

(3)

1971 c. 77.