The Immigration and Police (Passenger, Crew and Service Information) Order 2008

PART 2 Power of immigration officer to require passenger list and particulars of crew

Power of immigration officer to require passenger list and particulars of crew

3.—(1) This article applies to—

(a) a ship or aircraft arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom; and

(b) a through train or shuttle train arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom.

(2) Subject to paragraph (4), an immigration officer may require a responsible person in respect of a ship or aircraft to which this article applies to supply—

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

(b) the particulars of members of the crew of the ship or aircraft which are set out in paragraph 1 of Schedule 1.

(3) Subject to paragraph (4), an immigration officer may, in relation to a train to which this article applies, require a train manager or a person operating an international service or his agent to supply—

(a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving the United Kingdom on board the train; and

(b) the particulars of members of the crew of the train which are set out in paragraph 1 of Schedule 1.

(4) The information which may be requested under this article may only be requested to the extent to which it is known by the responsible person, train manager or person operating an international service or his agent in circumstances where the information is to be provided before a point in time at which passengers have boarded the ship or aircraft or through train or shuttle train in preparation for departure and it is no longer possible for further passengers or crew to do so.

(5) Where information has been requested in circumstances set out in paragraph (4), nothing in this article prevents that same information being requested from the responsible person, train manager or person operating an international service or his agent a second time where those same circumstances do not apply.

(6) For the purposes of paragraphs (2), (4) and (5) a responsible person is one of the persons specified in paragraph 27(4) of Schedule 2 to the 1971 Act(1).

Form and manner in which passenger list and particulars of crew to be provided: immigration officers

4.  A passenger list and particulars of crew shall be provided under article 3 in an electronic form that is compatible with the technology used by the recipient of the data unless an alternative form and manner of information transmission is authorised by the recipient of the information.

(1)

Paragraph 27(4) of Schedule 2 to the 1971 Act was inserted by section 31 of the 2006 Act.