Immigration Act 1971
1971 c. 77
Act amended by Immigration Act 1988 (c. 14, SIF 62), s. 7(3)
Act amended (2.10.2000) by S.I. 2000/2326, reg. 8 (with regs. 9, 28) (which S.I. was revoked (with saving) (30.4.2006) by S.I. 2006/1003, reg. 31, Sch. 3 (with Sch. 4))
Act amended (2.10.2000) by 1999 c. 33, s. 59; S.I. 2000/2444, art. 2, Sch. (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Act amended (2.10.2000) by 1999 c. 33, s. 65(1); S.I. 2000/2444, art. 2, Sch. (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Act amended (2.10.2000) by 1999 c. 33, ss. 69, 70; S.I. 2000/2444, art. 2, Sch. (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Act excluded (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6); S.I. 1991/1072, art. 2, Sch. Pt. I
Act modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(a); S.I. 1991/1072, art. 2, Sch. Pt. I
Act modified (7.7.2000) by S.S.I. 2000/200, art. 2(3)
Act modified (2.10.2000) by S.I. 2000/2326, regs. 24(2), 25(2) (with regs. 9, 28) (which S.I. was revoked (with saving) (30.4.2006) by S.I. 2006/1003, reg. 31, Sch. 3 (with Sch. 4))
Act modified (1.9.2001) by 2001 c. 17, s. 32(7) (with ss. 27(3), 39, 78); S.I. 2001/2161, art. 2
Act modified (18.7.2001) by S.I. 2001/2590, art. 4(2)
Act modified (25.2.2002) by S.I. 2002/195, reg. 2(3)
Act modified (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 30, Sch. 2 paras. 1, 2
Act restricted (20.7.1994) by Immigration Act 1988 (c. 14, SIF 62), s. 7(1); S.I. 1994/1923, art. 2
Act restricted (2.10.2000) by S.I. 2000/2326, reg. 14 (with regs. 9, 28) (as amended (1.6.2002) by S.I. 2002/1241 reg. 2(3), Sch. para. 8) (S.I. 2000/2326 was revoked (with saving) (30.4.2006) by S.I. 2006/1003, reg. 31, Sch. 3 (with Sch. 4))
Act extended (with modifications) by S.I. 1994/1405, art. 7 (the amendment coming into force in accordance with art. 1 of the amending S.I.) (as amended (2.1.2008) by S.I. 2007/3579, art. 3(c)); and as further amended (16.4.2015) by S.I. 2015/856, arts. 1, 6
Act extended (with modifications) (coming into force in accordance with art. 1(2) of the amending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(a), Sch. 2 para. 1 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(a))
Act: power to amend conferred (10.2.2003 for certain purposes) by 1999 c. 33, s. 53; S.I. 2003/2, art. 2, Sch.
Act applied (with modifications) (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987), art. 6, Sch. 2
Act applied (1.8.2008 for certain purposes) by UK Borders Act 2007 (c. 30), ss. 36(4), 59; S.I. 2008/1818, art. 2(a), Sch.
Act applied (prosp.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 133(7)(8), 153(7) (with Sch. 27 para. 36)
Act applied (with modifications) (4.8.2014) by The Crime and Courts Act 2013 (Application and Modification of Certain Enactments) Order 2014 (S.I. 2014/1704), art. 7, Sch. 2
Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), art. 3, Sch. 1, Sch. 1A (with art. 16)
Act: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(a)(3)-(6), 87(1)(4)(i); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29
C292Part I Regulation of Entry into and Stay in United Kingdom
Pt. 1 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(a), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (29.6.2011) by S.I. 2011/1408, art. 1, Sch. paras. 1, 2(c)(f); (11.2.2016) by S.I. 2016/156, arts. 1(2), 6; (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; (with effect in accordance with art. 1(2) of the amending S.I.) by S.I. 2020/1322, art. 3; (coming into force in accordance with art. 1(2) of the amending S.I.) by The Immigration (Isle of Man) (Amendment) (No. 3) Order 2020 (S.I. 2020/1576), art. 8; (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(2)(3); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)
C212C304C10C11C2341 General principles.
1
All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.
2
Those not having that right may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act; and indefinite leave to enter or remain in the United Kingdom shall, by virtue of this provision, be treated as having been given under this Act to those in the United Kingdom at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).
3
Arrival in and departure from the United Kingdom on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the United Kingdom on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the United Kingdom and those places, or such of them as are not so excluded, are collectively referred to as “the common travel area”.
4
The rules laid down by the Secretary of State as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the United Kingdom.
F15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C12C3032F2 Statement of right of abode in United Kingdom.
1
A person is under this Act to have the right of abode in the United Kingdom if—
a
he is a British citizen; or
b
he is a Commonwealth citizen who—
i
immediately before the commencement of the M1British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
ii
has not ceased to be a Commonwealth citizen in the meanwhile.
2
In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section F461, section 5(2) and section 25, shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen” shall be construed accordingly.
2AF49Deprivation of right of abode
1
The Secretary of State may by order remove from a specified person a right of abode in the United Kingdom which he has under section 2(1)(b).
2
The Secretary of State may make an order under subsection (1) in respect of a person only if the Secretary of State thinks that it would be conducive to the public good for the person to be excluded or removed from the United Kingdom.
3
An order under subsection (1) may be revoked by order of the Secretary of State.
4
While an order under subsection (1) has effect in relation to a person—
a
section 2(2) shall not apply to him, and
b
any certificate of entitlement granted to him shall have no effect.
C212C306C13C246C236C2843 General provisions for regulation and control.
1
Except as otherwise provided by or under this Act, where a person is not F3a British citizen—
a
he shall not enter the United Kingdom unless given leave to do so in accordance with F4the provisions of, or made under, this Act;
b
he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;
F5c
if he is given limited leave to enter or remain in the United Kingdom, it may be given subject to all or any of the following conditions, namely—
i
a condition restricting his F358work or occupation in the United Kingdom;
F6ia
a condition restricting his studies in the United Kingdom;
ii
a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; F7. . .
iii
a condition requiring him to register with the police.
F8iv
a condition requiring him to report to an immigration officer or the Secretary of State; and
v
a condition about residence.
2
The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).
If a statement laid before either House of Parliament under this subsection is disapproved by a resolution of that House passed within the period of forty days beginning with the date of laying (and exclusive of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), then the Secretary of State shall as soon as may be make such changes or further changes in the rules as appear to him to be required in the circumstances, so that the statement of those changes be laid before Parliament at latest by the end of the period of forty days beginning with the date of the resolution (but exclusive as aforesaid).
3
In the case of a limited leave to enter or remain in the United Kingdom,—
a
a person’s leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and
b
the limitation on and any conditions attached to a person’s leave F9(whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave.
4
A person’s leave to enter or remain in the United Kingdom shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the United Kingdom in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.
F105
A person who is not a British citizen is liable to deportation from the United Kingdom if—
b
another person to whose family he belongs is or has been ordered to be deported.
F4505A
The Secretary of State may not deem a relevant person's deportation to be conducive to the public good under subsection (5) if the person's deportation—
a
would be in breach of the obligations of the United Kingdom under Article 20 of the EU withdrawal agreement, Article 19 of the EEA EFTA separation agreement, or Article 17 or 20(3) of the Swiss citizens' rights agreement, or
b
would be in breach of those obligations if the provision in question mentioned in paragraph (a) applied in relation to the person.
C166
Without prejudice to the operation of subsection (5) above, a person who is not F3a British citizen shall also be liable to deportation from the United Kingdom if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.
F4516A
A court may not recommend under subsection (6) that a relevant person be deported if the offence for which the person was convicted consisted of or included conduct that took place before IP completion day.
7
Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on F11British citizens, British Dependent Territories citizens or British Overseas citizens when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not F3British citizens from embarking in the United Kingdom, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the United Kingdom; and Her Majesty may also make provision by Order in Council to enable those who are not F3British citizens to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition.
Any Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
8
When any question arises under this Act whether or not a person is F3a British citizen, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.
F129
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, F285or
F286c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F286d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
a certificate of entitlement.
F45210
For the purposes of this section, a person is a “relevant person”—
a
if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of relevant entry clearance immigration rules,
b
if the person has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,
F462ba
if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of Article 23 of the Swiss citizens’ rights agreement,
c
if the person may be granted leave to enter or remain in the United Kingdom as a person who has a right to enter the United Kingdom by virtue of—
i
Article 32(1)(b) of the EU withdrawal agreement,
ii
Article 31(1)(b) of the EEA EFTA separation agreement, or
iii
Article 26a(1)(b) of the Swiss citizens' rights agreement,
whether or not the person has been granted such leave, or
d
if the person may enter the United Kingdom by virtue of regulations made under section 8 of the European Union (Withdrawal Agreement) Act 2020 (frontier workers), whether or not the person has entered by virtue of those regulations.
11
In this section—
“EEA EFTA separation agreement” and “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);
“relevant entry clearance immigration rules” and “residence scheme immigration rules” have the meanings given by section 17 of the European Union (Withdrawal Agreement) Act 2020.
C2913ZAF455Irish citizens
1
An Irish citizen does not require leave to enter or remain in the United Kingdom, unless subsection (2), (3) or (4) applies to that citizen.
2
This subsection applies to an Irish citizen if the Irish citizen is subject to a deportation order made under section 5(1).
3
This subsection applies to an Irish citizen if—
a
the Secretary of State has issued directions for the Irish citizen not to be given entry to the United Kingdom on the ground that the Irish citizen's exclusion is conducive to the public good,
b
the Secretary of State has given the Irish citizen notice of the directions, and
c
the directions have not been withdrawn.
4
This subsection applies to an Irish citizen if the Irish citizen is an excluded person for the purposes of section 8B (persons excluded under certain instruments).
5
Where subsection (2), (3) or (4) applies to an Irish citizen, section 1(3) does not permit the Irish citizen to enter the United Kingdom without leave on arriving in the United Kingdom on a local journey from any place in the common travel area.
C17F133A Further provision as to leave to enter.
1
The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom.
2
An order under subsection (1) may, in particular, provide for—
a
leave to be given or refused before the person concerned arrives in the United Kingdom;
b
the form or manner in which leave may be given, refused or varied;
c
the imposition of conditions;
d
a person’s leave to enter not to lapse on his leaving the common travel area.
3
The Secretary of State may by order provide that, in such circumstances as may be prescribed—
a
an entry visa, or
b
such other form of entry clearance as may be prescribed,
is to have effect as leave to enter the United Kingdom.
4
An order under subsection (3) may, in particular—
a
provide for a clearance to have effect as leave to enter—
i
on a prescribed number of occasions during the period for which the clearance has effect;
ii
on an unlimited number of occasions during that period;
iii
subject to prescribed conditions; and
b
provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect.
5
Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed.
6
In subsections (3), (4) and (5) “prescribed” means prescribed in an order made under subsection (3).
7
The Secretary of State may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the United Kingdom.
8
An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Secretary of State of functions which he has as a result of the order, as if references to an immigration officer included references to the Secretary of State.
9
Subsection (8) is not to be read as affecting any power conferred by subsection (10).
10
An order under this section may—
a
contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and
b
make different provision for different cases.
11
This Act and any provision made under it has effect subject to any order made under this section.
12
An order under this section must be made by statutory instrument.
13
But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
C18F143B Further provision as to leave to remain.
1
The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to remain in the United Kingdom.
2
An order under subsection (1) may, in particular, provide for—
a
the form or manner in which leave may be given, refused or varied;
b
the imposition of conditions;
c
a person’s leave to remain in the United Kingdom not to lapse on his leaving the common travel area.
3
An order under this section may—
a
contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and
b
make different provision for different cases.
4
This Act and any provision made under it has effect subject to any order made under this section.
5
An order under this section must be made by statutory instrument.
6
But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
C19C20F153C Continuation of leave pending variation decision
1
This section applies if—
a
a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
b
the application for variation is made before the leave expires, and
c
the leave expires without the application for variation having been decided.
2
The leave is extended by virtue of this section during any period when—
a
the application for variation is neither decided nor withdrawn,
b
c
F454ca
an appeal could be brought under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”), while the appellant is in the United Kingdom, against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission),
cb
an appeal under the 2020 Regulations against that decision, brought while the appellant is in the United Kingdom, is pending (within the meaning of those Regulations), or
d
an administrative review of the decision on the application for variation—
i
could be sought, or
ii
is pending.
3
Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.
F3823A
Leave extended by virtue of this section may be cancelled if the applicant—
a
has failed to comply with a condition attached to the leave, or
b
has used or uses deception in seeking leave to remain (whether successfully or not).
4
A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.
5
But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).
F186
The Secretary of State may make regulations determining when an application is decided for the purposes of this section; and the regulations—
a
may make provision by reference to receipt of a notice,
b
may provide for a notice to be treated as having been received in specified circumstances,
c
may make different provision for different purposes or circumstances,
d
shall be made by statutory instrument, and
e
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F3307
In this section—
“administrative review” means a review conducted under the immigration rules;
the question of whether an administrative review is pending is to be determined in accordance with the immigration rules.
F3873DContinuation of leave following revocation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C212C305C237C2474 Administration of control.
1
The power under this Act to give or refuse leave to enter the United Kingdom shall be exercised by immigration officers, and the power to give leave to remain in the United Kingdom, or to vary any leave under section 3(3)(a) (whether as regards duration or conditions) F388or to cancel any leave under section 3C(3A), shall be exercised by the Secretary of State; and, unless otherwise F19allowed by or under this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order made by statutory instrument.
2
The provisions of Schedule 2 to this Act shall have effect with respect to—
a
the appointment and powers of immigration officers and medical inspectors for purposes of this Act;
C21b
the examination of persons arriving in or leaving the United Kingdom by ship or aircraft F20. . ., and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and
c
the exercise by immigration officers of their powers in relation to entry into the United Kingdom, and the removal from the United Kingdom of persons refused leave to enter or entering or remaining unlawfully; and
d
the detention of persons pending examination or pending removal from the United Kingdom;
and for other purposes supplementary to the foregoing provisions of this Act.
3
The Secretary of State may by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make provision as to the effect of a condition under this Act requiring a person to register with the police; and the regulations may include provision—
a
as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers;
b
as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;
c
as to the issue of certificates of registration and as to the payment of fees for certificates of registration;
and the regulations may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the regulations.
4
The Secretary of State may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether F21British citizens or not) who stay at any such premises to supply the necessary information.
C212C307C22C23C206C2855 Procedure for, and further provisions as to, deportation.
C241
Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Secretary of State may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the United Kingdom; and a deportation order against a person shall invalidate any leave to enter or remain in the United Kingdom given him before the order is made or while it is in force.
2
A deportation order against a person may at any time be revoked by a further order of the Secretary of State, and shall cease to have effect if he becomes F22a British citizen.
C25C263
A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the United Kingdom after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.
4
For purposes of deportation the following shall be those who are regarded as belonging to another person’s family—
a
where that other person is a man, his wife F23or civil partner, and his or her children under the age of eighteen; and
F24b
where that other person is a woman, her husband F25or civil partner, and her or his children under the age of eighteen;
and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and “wife” includes each of two or more wives.
5
The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the United Kingdom of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.
6
Where a person is liable to deportation under section F263(5) or (6) above but, without a deportation order being made against him, leaves the United Kingdom to live permanently abroad, the Secretary of State may make payments of such amounts as he may determine to meet that person’s expenses in so leaving the United Kingdom, including travelling expenses for members of his family or household.
C212C3086 Recommendations by court for deportation.
1
Where under section 3(6) above a person convicted of an offence is liable to deportation on the recommendation of a court, he may be recommended for deportation by any court having power to sentence him for the offence unless the court commits him to be sentenced or further dealt with for that offence by another court:
Provided that in Scotland the power to recommend a person for deportation shall be exercisable only by the sheriff or the High Court of Justiciary, and shall not be exercisable by the latter on an appeal unless the appeal is against a conviction on indictment or against a sentence upon such a conviction.
2
A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is F27a British citizen, describing the persons who are F27British citizens and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of adjournment conferred by F28section 10(3) of the M2Magistrates’ Courts Act 1980, F29section 179 or 380 of the M3Criminal Procedure (Scotland) Act 1975 or any corresponding enactment for the time being in force in Northern Ireland shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.
3
For purposes of section 3(6) above—
a
a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation; and
b
and for purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwithstanding any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly.
4
Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life.
5
Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or against the conviction on which it is made; but—
F32b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal or, in Scotland, until the expiration of twenty-eight days from the date of the recommendation.
7
For the purpose of giving effect to any of the provisions of this section in its application to Scotland, the High Court of Justiciary shall have power to make rules by act of adjournal.
C212C3117 Exemption from deportation for certain existing residents.
1
Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the United Kingdom—
a
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34b
shall not be liable to deportation under section 3(5) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;
c
shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.
2
A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.
3
The “last five years” before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.
4
For purposes of subsection (3) above—
a
“sentence” includes any order made on conviction of an offence; and
b
two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and
c
a person shall be deemed to be detained by virtue of a sentence—
i
at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and
ii
(unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.
In paragraph (c)(ii) above “relevant enactment” means F35section 240 F289, 240ZA or 240A of the Criminal Justice Act 2003 (or, before that section operated, section 17(2) of the M4Criminal Justice Administration Act 1962) and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands.
5
Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.
C212C310C248C2388 Exceptions for seamen, aircrews and other special cases.
C271
Where a person arrives at a place in the United Kingdom as a member of the crew of a ship or aircraft under an engagement requiring him to leave on that ship as a member of the crew, or to leave within seven days on that or another aircraft as a member of its crew, then unless either—
a
there is in force a deportation order made against him; or
b
he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom; or
c
an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act; F589or
d
the person has ever met the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom), reading subsection (3) of that section as if it referred to a person entering or arriving in the United Kingdom as mentioned in subsection (2) of that section on or after 7 March 2023;
he may without leave enter the United Kingdom at that place and remain until the departure of the ship or aircraft on which he is required by his engagement to leave.
F5581A
Subsection (1) does not apply in relation to a member of the crew of a ship who is an offshore worker within the meaning of section 11A.
2
The Secretary of State may by order exempt any person or class of persons, either unconditionally or subject to such conditions as may be imposed by or under the order, from all or any of the provisions of this Act relating to those who are not F36British citizens.
An order under this subsection, if made with respect to a class of persons, shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C283
F37Subject to subsection (3A) below, the provisions of this Act relating to those who are not F36British citizens shall not apply to any person so long as he is a member of a mission (within the meaning of the M5Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent.
F383A
For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless—
a
he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and
b
he has not ceased to be such a member after having taken up the post.
4
The provisions of this Act relating to those who are not F36British citizens, other than the provisions relating to deportation, shall also not apply to any person so long as either—
a
he is subject, as a member of the home forces, to service law; or
b
being a member of a Commonwealth force or of a force raised under the law of any F39. . . colony, protectorate or protected state, is undergoing or about to undergo training in the United Kingdom with any body, contingent or detachment of the home forces; or
c
he is serving or posted for service in the United Kingdom as a member of a visiting force or of any force raised as aforesaid or as a member of an international headquarters or defence organisation designated for the time being by an Order in Council under section 1 of the M6International Headquarters and Defence Organisations Act 1964.
5
Where a person having a limited leave to enter or remain in the United Kingdom becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired F359or otherwise ceased to be in force ; and a person is not to be regarded for purposes of this Act as having been F40settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.
F41(5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the M7British Nationality Act 1981.
6
In this section “the home forces” means any of Her Majesty’s forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; “Commonwealth force” means a force of any country to which provisions of the M8Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and “visiting force” means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom.
8AF42 Persons ceasing to be exempt.
1
A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).
2
If a person who is exempt—
a
ceases to be exempt, and
b
requires leave to enter or remain in the United Kingdom as a result,
he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.
3
If—
a
a person who is exempt ceases to be exempt, and
b
there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),
his leave is to be treated as expiring at the end of that period.
F3604
References in this section to a person who ceases to be exempt do not include a person who ceases to be exempt by virtue of section 8B(3).
8AAF588Persons ineligible for leave to enter and remain, entry clearance and ETA
1
This section applies in relation to a person who has ever met the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom), reading subsection (3) of that section as if it referred to a person entering or arriving in the United Kingdom as mentioned in subsection (2) of that section on or after 7 March 2023.
2
a
must not be given leave to enter or leave to remain in the United Kingdom, unless it is—
i
ii
limited leave to remain given under section 65 of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking) as it has effect by virtue of section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave),
b
must not be granted an entry clearance, and
c
must not be granted an ETA.
3
The Secretary of State may give the person limited leave to enter the United Kingdom, or grant to the person an entry clearance or an ETA, if—
a
the person has left or been removed from the United Kingdom after having become a person within subsection (1), and
b
the Secretary of State considers that—
i
failure to give the leave or grant the entry clearance or ETA would contravene the United Kingdom’s obligations under the Human Rights Convention, or
ii
there are other exceptional circumstances which apply in relation to the person which mean that it is appropriate to give the leave or grant the entry clearance or ETA.
4
The Secretary of State may give the person limited leave to remain in the United Kingdom if—
a
the Secretary of State considers that failure to do so would contravene the United Kingdom’s obligations under the Human Rights Convention or any other international agreement to which the United Kingdom is a party, or
b
the Secretary of State has exercised the power in subsection (3) in respect of the person, and the Secretary of State considers that there are other exceptional circumstances which apply in relation to the person which mean that it is appropriate to give the person limited leave to remain.
5
The Secretary of State may give the person indefinite leave to remain in the United Kingdom if the Secretary of State considers that failure to do so would contravene the United Kingdom’s obligations under the Human Rights Convention.
6
In this section, “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950 as it has effect for the time being in relation to the United Kingdom.
C2238BF43Persons excluded from the United Kingdom under F446certain instruments.
C224C233C273C261C274C267C259C283C264C282C256C265C263C271C262C279C278C275C281C268C257C276C280C277C260C266C272C258C270C295C296C300C3131
An excluded person must be refused—
a
leave to enter the United Kingdom;
b
leave to remain in the United Kingdom F361(and any leave given to a person who is an excluded person is invalid).
C224C233C273C261C274C267C259C283C264C282C256C265C263C271C262C279C278C275C281C268C257C276C280C277C260C266C272C258C270C295C296C300C3132
A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.
C224C233C261C279C267C259C277C278C264C256C265C272C276C281C263C270C273C262C275C280C271C268C257C260C266C283C258C282C274C295C296C300C313F3623
Any exemption of a person from the provisions of this Act under section 8(1), (2) or (3) does not apply while the person is an excluded person.
F4484
“Excluded person” means—
a
a person named by or under, or of a description specified in, an instrument falling within subsection (5), or
b
a person who under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 is an excluded person for the purposes of this section (see section 4 of that Act).
5
F363An instrument falls within this subsection if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it—
a
requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or
b
recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).
F3645A
Subsection (1), (2) or (3) does not apply to a person if—
a
the application of that subsection to that person would be contrary to the United Kingdom's obligations under—
i
the Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or
ii
the Refugee Convention (within the meaning given by that provision), or
b
F449the person is within subsection (4)(a) and not within subsection (4)(b) and has been exempted from the application of subsection (1), (2) or (3), as the case may be, under a process applying by virtue of the instrument falling within subsection (5).
F4475B
In relation to any person within subsection (4)(b), subsections (1) to (3) are subject to any exception created under, or direction given by virtue of, section 15(4) of the Sanctions and Anti-Money Laundering Act 2018 (power to create exceptions etc).
F3656
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3657
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3658
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C212C3099 Further provisions as to common travel area.
1
Subject to subsection (5) below, the provisions of Schedule 4 to this Act shall have effect for the purpose of taking account in the United Kingdom of the operation in any of the Islands of the immigration laws there.
C292
Persons who lawfully enter the United Kingdom on a local journey from a place in the common travel area after having either—
a
entered any of the Islands or the Republic of Ireland on coming from a place outside the common travel area; or
b
left the United Kingdom while having a limited leave to enter or remain which has since expired;
if they are not F44British citizensF456or Irish citizens (and are not to be regarded under Schedule 4 to this Act as having leave to enter the United Kingdom), shall be subject in the United Kingdom to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register with the police or both, as may be imposed by an order of the Secretary of State and may be applicable to them.
3
Any provision of this Act applying to a limited leave or to conditions attached to a limited leave shall, unless otherwise provided, have effect in relation to a person subject to any restriction or condition by virtue of an order under subsection (2) above as if the provisions of the order applicable to him were terms on which he had been given leave under this Act to enter the United Kingdom.
4
Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not F44a British citizenF457or an Irish citizen may not by virtue of section 1(3) enter the United Kingdom without leave on a local journey from a place in the common travel area if either—
a
he is on arrival in the United Kingdom given F458... notice by an immigration officer stating that, the Secretary of State having issued directions for him not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good F459..., he is accordingly refused leave to enter the United Kingdom; or
b
he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom.
5
If it appears to the Secretary of State necessary so to do by reason of differences between the immigration laws of the United Kingdom and any of the Islands, he may by order exclude that island from section 1(3) above for such purposes as may be specified in the order, and references in this Act to the Islands F45... shall apply to an island so excluded so far only as may be provided by order of the Secretary of State.
6
The Secretary of State shall also have power by order to exclude the Republic of Ireland from section 1(3) for such purposes as may be specified in the order.
7
An order of the Secretary of State under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
10 Entry otherwise than by sea or air.
1
Her Majesty may by Order in Council direct that any of the provisions of this Act shall have effect in relation to persons entering or seeking to enter the United Kingdom on arrival otherwise than by ship or aircraft F46. . . as they have effect in the case of a person arriving by ship or aircraft F46. . .; and any such Order may make such adaptations or modifications of those provisions, and such provisions supplementary thereto, as appear to Her Majesty to be necessary or expedient for the purposes of the Order.
2
The provision made by an Order in Council under this section may include provision for excluding the Republic of Ireland from section 1(3) of this Act either generally or for any specified purposes.
3
No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.
C30C31C32C202C249C23911Construction of references to entry, and other phrases relating to travel.
C33C341
A person arriving in the United Kingdom by ship or aircraft shall for purposes of this Act be deemed not to enter the United Kingdom unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the United Kingdom so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detainedF426... under the powers conferred by Schedule 2 to this Act F47or section 62 of the Nationality, Immigration and Asylum Act 2002F427or on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 .
F5591ZA
See also section 11A (additional means by which persons arriving in United Kingdom waters for work can enter the UK).
F481A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In this Act “disembark” means disembark from a ship or aircraft, and “embark” means embark in a ship or aircraft; and, except in subsection (1) above,—
a
references to disembarking in the United Kingdom do not apply to disembarking after a local journey from a place in the United Kingdom or elsewhere in the common travel area; and
b
references to embarking in the United Kingdom do not apply to embarking for a local journey to a place in the United Kingdom or elsewhere in the common travel area.
3
Except in so far as the context otherwise requires, references in this Act to arriving in the United Kingdom by ship shall extend to arrival by any floating structure, and “disembark” shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.
4
For purposes of this Act “common travel area” has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which—
a
in the case of a journey to a place in the United Kingdom, began its voyage from, or has during its voyage called at, a place not in the common travel area; or
b
in the case of a journey from a place in the United Kingdom, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.
5
A person who enters the United Kingdom lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the United Kingdom.
11AF555Working in United Kingdom waters
1
An “offshore worker” is a person who arrives in United Kingdom waters—
a
for the purpose of undertaking work in those waters, and
b
without first entering the United Kingdom (see, in particular, section 11(1)).
But see subsection (6).
2
An offshore worker arrives in the United Kingdom for the purposes of this Act when they arrive in United Kingdom waters as mentioned in subsection (1)(a).
3
An offshore worker enters the United Kingdom for the purposes of this Act when they commence working in United Kingdom waters.
4
Any reference in, or in a provision made under, the Immigration Acts to a person arriving in or entering the United Kingdom, however expressed, is to be read as including a reference to an offshore worker arriving in or entering the United Kingdom as provided for in subsection (2) or (3).
5
References in this section to work, or to a person working, are to be read in accordance with section 24B(10).
6
A person is not an offshore worker if they arrive in United Kingdom waters while working as a member of the crew of a ship that is—
a
exercising the right of innocent passage through the territorial sea or the right of transit passage through straits used for international navigation, or
b
passing through United Kingdom waters from non-UK waters to a place in the United Kingdom or vice versa.
7
For the purposes of any provision of, or made under, the Immigration Acts, a person working in United Kingdom waters who, in connection with that work, temporarily enters non-UK waters is not to be treated by virtue of doing so as leaving, or being outside, the United Kingdom.
8
In this section—
“non-UK waters” means the sea beyond the seaward limits of the territorial sea;
“right of innocent passage”, “right of transit passage” and “straits used for international navigation” are to be read in accordance with the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of the Nationality and Borders Act 2022 that have entered into force in relation to the United Kingdom;
“the territorial sea” means the territorial sea adjacent to the United Kingdom;
“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea.
11BF555Offshore workers: requirements to notify arrival and entry dates etc
1
The Secretary of State may by regulations make provision for and in connection with requiring—
a
an offshore worker, or
b
if an offshore worker has one, their sponsor;
to give notice to the Secretary of State or an immigration officer of the dates on which the offshore worker arrives in, enters and leaves the United Kingdom.
2
The regulations may make provision for the failure of an offshore worker to comply with a requirement imposed under the regulations to be a ground for—
a
the cancellation or variation of their leave to enter or remain in the United Kingdom;
b
refusing them leave to enter or remain in the United Kingdom.
3
The failure of an offshore worker’s sponsor to comply with a requirement imposed under the regulations may be taken into account by the Secretary of State when operating immigration skills arrangements made with the sponsor.
4
Regulations under this section—
a
are to be made by statutory instrument;
b
may make different provision for different cases;
c
may make incidental, supplementary, consequential, transitional, transitory or saving provision.
5
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
6
For the purposes of this section—
a
“offshore worker” has the same meaning as in section 11A;
b
a person is an offshore worker’s “sponsor” if they have made immigration skills arrangements with the Secretary of State in relation to the offshore worker;
c
“immigration skills arrangements” has the meaning given by section 70A(2) of the Immigration Act 2014.
F495PART 1AElectronic travel authorisations
Pt. 1A inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 75(2), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 26
11CElectronic travel authorisations
1
In this Act, “an ETA” means an authorisation in electronic form to travel to the United Kingdom.
2
Immigration rules may require an individual of a description specified in the rules not to travel to the United Kingdom from any place (including a place in the common travel area), whether with a view to entering the United Kingdom or to passing through it without entering, unless the individual has an ETA that is valid for the individual’s journey to the United Kingdom.
3
The rules may not impose this requirement on an individual if—
a
the individual is a British citizen, or
b
the individual would, on arrival in the United Kingdom, be entitled to enter without leave.
4
In relation to an individual travelling to the United Kingdom on a local journey from a place in the common travel area, subsection (3)(b) applies only if the individual would also be entitled to enter without leave if the journey were instead from a place outside the common travel area.
5
The rules may impose the requirement mentioned in subsection (2) on an individual who—
a
travels to the United Kingdom on a local journey from a place in any of the Islands, and
b
has leave to enter or remain in that island,
only if it appears to the Secretary of State necessary to do so by reason of differences between the immigration laws of the United Kingdom and that island.
6
The rules must—
a
provide for the form or manner in which an application for an ETA may be made, granted or refused;
b
specify the conditions (if any) which must be met before an application for an ETA may be granted;
c
specify the grounds on which an application for an ETA must or may be refused;
d
specify the criteria to be applied in determining—
i
the period for which an ETA is valid;
ii
the number of journeys to the United Kingdom during that period for which it is valid (which may be unlimited);
e
f
provide for the form or manner in which an ETA may be varied or cancelled;
g
specify the grounds on which an ETA must or may be varied or cancelled.
7
The rules may also—
a
provide for exceptions to the requirement described in subsection (2), and
b
make other provision relating to ETAs.
8
Rules made by virtue of this section may make different provision for different cases or descriptions of case.
11DElectronic travel authorisations and the Islands
1
The Secretary of State may by regulations make provision about the effects in the United Kingdom of the grant or refusal under the law of any of the Islands of an authorisation in electronic form to travel to that island.
2
Regulations under subsection (1) may in particular make provision about—
a
the recognition in the United Kingdom of an authorisation granted as mentioned in subsection (1);
b
the conditions or limitations that are to apply in the United Kingdom to such an authorisation;
c
the effects in the United Kingdom of such an authorisation being varied or cancelled under the law of any of the Islands;
d
the circumstances in which the Secretary of State or an immigration officer may vary or cancel such an authorisation (so far as it applies in the United Kingdom).
3
The Secretary of State may, where requested to do so by any of the Islands, carry out functions on behalf of that island in relation to the granting of authorisations in electronic form to travel to that island.
4
Regulations under subsection (1)—
a
may make provision modifying the effect of any provision of, or made under, this Act or any other enactment (whenever passed or made);
b
may make different provision for different purposes;
c
may make transitional, transitory or saving provision;
d
may make incidental, supplementary or consequential provision.
5
Regulations under subsection (1) are to be made by statutory instrument.
6
A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
C35C36F50Part II Appeals
Pt. II (ss. 12-23) repealed (14.2.2000 as regards s. 12 and otherwise 2.10.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 49, Sch. 16 (with saving in Sch. 15 paras. 11, 12); S.I. 2000/168, art. 2, Sch; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2); however, certain provisions continued for certain purposes (14.3.2003) by S.I. 2003/754, arts. 3, 4, Sch. 2 para. 2(4)-(9) and (7.3.2005) by S.I. 2005/565, arts. {1(2)}, 9
Pt. II modified by British Nationality Act 1981 (c. 61), Sch. 8 paras. 6, 8
Pt. II restricted (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 1; S.I. 1993/1655, art. 2
Pt. II (ss. 12-23) restricted (1.9.1996) by 1996 c. 49, s. 3(1)(b)(i); S.I. 1996/2053, art. 2, Sch. Pt. II
Pt. II (ss. 12-23) extended (with modifications) (Isle of Man) (1.4.1997) by S.I. 1997/275, art. 2(1), Sch.
The appellate authorities
12 Immigration Appeal Tribunal and adjudicators.
F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals to adjudicator or Tribunal in first instance
13 Appeals against exclusion from United Kingdom.
1
Subject to the provisions of this Part of this Act, a person who is refused leave to enter the United Kingdom under this Act may appeal to an adjudicator against the decision that he requires leave or against the refusal.
2
Subject to the provisions of this Part of this Act, a person who, on an application duly made, is refused a F250certificate of entitlement or an entry clearance may appeal to an adjudicator against the refusal.
C144F2513
A person shall not be entitled to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom unless he holds such a passport or certificate as is mentioned in section 3(9) above;
and a person shall not be entitled to appeal against a refusal of leave to enter so long as he is in the United Kingdom, unless he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit.
F2523A
A person who seeks to enter the United Kingdom—
a
as a visitor, or
b
in order to follow a course of study of not more than six months duration for which he has been accepted, or
c
with the intention of studying but without having been accepted for any course of study, or
d
as a dependant of a person within paragraph (a), (b) or (c) above,
shall not be entitled to appeal against a refusal of an entry clearance and shall not be entitled to appeal against a refusal of leave to enter unless he held a current entry clearance at the time of the refusal.
3AA
The Secretary of State shall appoint a person, not being an officer of his, to monitor, in such manner as the Secretary of State may determine, refusals of entry clearance in cases where there is, by virtue of subsection (3A) above, no right of appeal; and the person so appointed shall make an annual report on the discharge of his functions to the Secretary of State who shall lay a copy of it before each House of Parliament.
3AB
The Secretary of State may pay to a person appointed under subsection (3AA) above such fees and allowances as he may with the approval of the Treasury determine.
F2533B
A person shall not be entitled to appeal against a refusal of an entry clearance if the refusal is on the ground that—
a
he or any person whose dependant he is does not hold a relevant document which is required by the immigration rules; or
b
he or any person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
c
he or any person whose dependant he is seeks entry for a period exceeding that permitted by the immigration rules;
and a person shall not be entitled to appeal against a refusal of leave to enter if the refusal is on any of those grounds.
3C
For the purposes of subsection (3B)(a) above, the following are “relevant documents”—
a
entry clearances;
b
passports or other identity documents; and
c
work permits.
4
An appeal against a refusal of leave to enter shall be dismissed by the adjudicator if he is satisfied that the appellant was at the time of the refusal an illegal entrant, and an appeal against a refusal of an entry clearance shall be dismissed by the adjudicator if he is satisfied that a deportation order was at the time of the refusal in force in respect of the appellant.
C1455
A person shall not be entitled to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good, or if the leave to enter or entry clearance was refused in obedience to any such directions.
14C146Appeals against conditions.
C1471
Subject to the provisions of this Part of this Act, a person who has a limited leave under this Act to enter or remain in the United Kingdom may appeal to an adjudicator against any variation of the leave (whether as regards duration or conditions), or against any refusal to vary it; and a variation shall not take effect so long as an appeal is pending under this subsection against the variation, nor shall an appellant be required to leave the United Kingdom by reason of the expiration of his leave so long as his appeal is pending under this subsection against a refusal to enlarge or remove the limit on the duration of the leave.
2
Subject to the provisions of this Part of this Act, a person who, on ceasing to be entitled to an exemption under any provision of section 8 above other than section 8(1), or on ceasing while in the United Kingdom to be F254a British citizen, is given a limited leave to remain may appeal to an adjudicator against any provision limiting the duration of the leave or attaching a condition to it; and so long as an appeal is pending under this subsection against any provision, effect shall not be given to that provision.
F2552ZA
A person shall not be entitled to appeal under subsection (1) above against—
a
a variation of his leave which adds such a condition as is mentioned in section 3(1)(c)(ii) above; or
b
a refusal to vary his leave by revoking such a condition.
F2562A
A person shall not be entitled to appeal under subsection (1) above against any refusal to vary his leave if the refusal is on the ground that—
a
a relevant document which is required by the immigration rules has not been issued; or
b
the person or a person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
c
the variation would result in the duration of the person’s leave exceeding what is permitted by the immigration rules; or
d
any fee required by or under any enactment has not been paid.
2B
For the purposes of subsection (2A)(a) above, the following are relevant documents—
a
entry clearances;
b
passports or other identity documents; and
F257c
work permits, or equivalent documents issued after entry.
C1483
A person shall not be entitled to appeal under subsection (1) above against any variation of his leave which reduces its duration, or against any refusal to enlarge or remove the limit on its duration, if the Secretary of State certifies that the appellant’s departure from the United Kingdom would be conducive to the public good, as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature, or the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority).
4
A person shall not be entitled to appeal under subsection (1) above against any variation made by statutory instrument, or against any refusal of the Secretary of State to make a statutory instrument.
F2585
Where a deportation order is made against a person any pending appeal by that person under subsection (1) above shall lapse.
15 Appeals in respect of deportation orders. C149
1
Subject to the provisions of this Part of this Act, a person may appeal to an adjudicator against—
a
a decision of the Secretary of State to make a deportation order against him by virtue of section 3(5) above; or
b
a refusal by the Secretary of State to revoke a deportation order made against him.
C1502
A deportation order shall not be made against a person by virtue of section 3(5) above so long as an appeal may be brought against the decision to make it nor, if such an appeal is duly brought, so long as the appeal is pending; but, in calculating the period of eight weeks limited by section 5(3) above for making a deportation order against a person as belonging to the family of another person, there shall be disregarded any period during which there is pending an appeal against the decision to make it.
C151C1523
A person shall not be entitled to appeal against a decision to make a deportation order against him if the ground of the decision was that his deportation is conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature.
C1514
A person shall not be entitled to appeal under this section against a refusal to revoke a deportation order, if the Secretary of State certifies that the appellant’s exclusion from the United Kingdom is conducive to the public good or if revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority).
5
A person shall not be entitled to appeal under this section against a refusal to revoke a deportation order so long as he is in the United Kingdom, whether because he has not complied with the requirement to leave or because he has contravened the prohibition on entering.
6
On an appeal against a decision to make a deportation order against a person as belonging to the family of another person, or an appeal against a refusal to revoke a deportation order so made, the appellant shall not be allowed, for the purpose of showing that he does not or did not belong to another person’s family, to dispute any statement made with a view to obtaining leave for the appellant to enter or remain in the United Kingdom (including any statement made to obtain an entry clearance) unless the appellant shows that the statement was not so made by him or by any person acting with his authority and that, when he took the benefit of the leave, he did not know any such statement had been made to obtain it or, if he did know, was under the age of eighteen.
7
An appeal under this section shall be to the Appeal Tribunal in the first instance, instead of to an adjudicator, if—
a
it is an appeal against a decision to make a deportation order and the ground of the decision was that the deportation of the appellant is conducive to the public good; or
b
it is an appeal against a decision to make a deportation order against a person as belonging to the family of another person, or an appeal against a refusal to revoke a deportation order so made; or
c
there is pending a related appeal to which paragraph (b) above applies.
8
Where an appeal to an adjudicator is pending under this section, and before the adjudicator has begun to hear it a related appeal is brought, the appeal to the adjudicator shall be dealt with instead by the Appeal Tribunal and be treated as an appeal duly made to the Tribunal in the first instance.
9
In relation to an appeal under this section in respect of a deportation order against any person (whether an appeal against a decision to make or against a refusal to revoke the order), any other appeal under this section is a “related appeal” if it is an appeal in respect of a deportation order against another person as belonging to the family of the first-mentioned person.
16 Appeals against validity of directions for removal.
1
Subject to the provisions of this Part of this Act, where directions are given under this Act for a person’s removal from the United Kingdom either—
a
on the ground that he is an illegal entrant or on the ground specifically that he has entered the United Kingdom in breach of a deportation order; or
b
under the special powers conferred by Schedule 2 to this Act in relation to members of the crew of a ship or aircraft or persons coming to the United Kingdom to join a ship or aircraft as a member of the crew;
then he may appeal to an adjudicator against those directions on the ground that in the facts of his case there was in law no power to give them on the ground on which they were given.
2
A person shall not be entitled to appeal under this section so long as he is in the United Kingdom, unless he is appealing against directions given by virtue of a deportation order (whether on the ground specifically that he has returned in breach of that order or on the ground that he is an illegal entrant) and is appealing on the ground that he is not the person named in that order.
3
Where a person appeals under this section against directions given by virtue of a deportation order, he shall not be allowed to dispute the original validity of that order.
4
An appeal under this section against directions given as mentioned in subsection (1)(b) shall be dismissed by the adjudicator, notwithstanding that the ground of appeal may be made out, if he is satisfied that there was power to give the like directions on the ground that the appellant was an illegal entrant.
17 Appeals against removal on objection to destination.
1
Subject to the provisions of this Part of this Act, where directions are given under this Act for a person’s removal from the United Kingdom either—
a
on his being refused leave to enter; or
b
on a deportation order being made against him; or
c
on his having entered the United Kingdom in breach of a deportation order;
he may appeal to an adjudicator against the directions on the ground that he ought to be removed (if at all) to a different country or territory specified by him.
2
Where a person appeals under section 13(1) above on being refused leave to enter the United Kingdom, and either—
a
before he does so, directions have been given for his removal from the United Kingdom to any country or territory; or
b
before or after he does so, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal by virtue of the refusal will be for his removal to a country or territory or one of several countries or territories specified in the notice;
then he may on that appeal object to the country or territory to which he would be removed in pursuance of the directions, or to that specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.
3
Where a person appeals under section 15 above against a decision to make a deportation order against him, and before or after he does so the Secretary of State serves on him notice that any directions which may be given for his removal by virtue of the deportation order will be for his removal to a country or territory or one of several countries or territories specified in the notice, then he may on that appeal object to the country or territory specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.
4
Where by virtue of subsection (2) or (3) above a person is able to object to a country or territory on an appeal under section 13(1) or 15, and either he does not object to it on that appeal or his objection to it on that appeal is not sustained, then he shall not be entitled to appeal under this section against any directions subsequently given by virtue of the refusal or order in question, if their effect will be his removal to that country or territory.
5
A person shall not be entitled to appeal under this section against any directions given on his being refused leave to enter the United Kingdom, unless either he is also appealing under section 13(1) against the decision that he requires leave to enter or he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit.
C15318 Notice of matters in respect of which there are rights of appeal.
1
The Secretary of State may by regulations provide—
a
for written notice to be given to a person of any such decision or action taken in respect of him as is appealable under this Part of this Act (whether or not he is in the facts of his case entitled to appeal) or would be so appealable but for the ground on which it is taken;
b
for any such notice to include a statement of the reasons for the decision or action and, where the action is the giving of directions for the removal of any person from the United Kingdom, of the country or territory to which he is to be removed;
c
for any such notice to be accompanied by a statement containing particulars of the rights of appeal available under this Part of this Act and of the procedure by which those rights may be exercised;
d
for the form of any such notice or statement and the way in which a notice is to be or may be given.
2
For the purpose of any proceedings under this Part of this Act a statement included in a notice in pursuance of regulations under this section shall be conclusive of the person by whom and of the ground on which any decision or action was taken.
3
The power to make regulations under this section shall be exercisable by statutory instrument, and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C15419 Determination of appeals by adjudicators.
1
Subject to sections 13(4) and 16(4) above, and to any restriction on the grounds of appeal, an adjudicator on an appeal to him under this Part of this Act—
a
shall allow the appeal if he considers—
i
that the decision or action against which the appeal is brought was not in accordance with the law or with any immigration rules applicable to the case; or
ii
where the decision or action involved the exercise of a discretion by the Secretary of State or an officer, that the discretion should have been exercised differently; and
b
in any other case, shall dismiss the appeal.
2
For the purposes of subsection (1)(a) above the adjudicator may review any determination of a question of fact on which the decision or action was based; and for the purposes of subsection (1)(a)(ii) no decision or action which is in accordance with the immigration rules shall be treated as having involved the exercise of a discretion by the Secretary of State by reason only of the fact that he has been requested by or on behalf of the appellant to depart, or to authorise an officer to depart, from the rules and has refused to do so.
3
Where an appeal is allowed, the adjudicator shall give such directions for giving effect to the determination as the adjudicator thinks requisite, and may also make recommendations with respect to any other action which the adjudicator considers should be taken in the case under this Act; and, subject to section 20(2) below, it shall be the duty of the Secretary of State and of any officer to whom directions are given under this subsection to comply with them.
4
Where in accordance with section 15 above a person appeals to the Appeal Tribunal in the first instance, this section shall apply with the substitution of references to the Tribunal for references to an adjudicator.
Appeals from adjudicator to Tribunal, and review of decisions
C15520 Appeal to Tribunal from determination of adjudicator.
C1561
Subject to any requirement of rules of procedure as to leave to appeal, any party to an appeal to an adjudicator may, if dissatisfied with his determination thereon, appeal to the Appeal Tribunal, and the Tribunal may affirm the determination or make any other determination which could have been made by the adjudicator.
2
Directions given by an adjudicator under section 19(3) above need not be complied with so long as an appeal can be brought against his determination and, if such an appeal is duly brought, so long as the appeal is pending; and if the Tribunal affirm his determination allowing the appeal, they may alter or add to his directions and recommendations under section 19(3) or replace them with their own directions and recommendations, and the provisions of that subsection shall apply to directions given by them accordingly.
3
Where an appeal is dismissed by an adjudicator but allowed by the Tribunal, section 19(3) above shall apply with the substitution of references to the Tribunal for references to the adjudicator.
C15721 Reference of cases for further consideration.
1
Where in any case—
a
an adjudicator has dismissed an appeal, and there has been no further appeal to the Appeal Tribunal, or the Tribunal has dismissed an appeal made to them in the first instance by virtue of section 15 above; or
b
the Appeal Tribunal has affirmed the determination of an adjudicator dismissing an appeal, or reversed the determination of an adjudicator allowing an appeal;
the Secretary of State may at any time refer for consideration under this section any matter relating to the case which was not before the adjudicator or Tribunal.
2
Any reference under this section shall be to an adjudicator or to the Appeal Tribunal, and the adjudicator or Tribunal shall consider the matter which is the subject of the reference and report to the Secretary of State the opinion of the adjudicator or Tribunal thereon.
Supplementary
22 Procedure. C158
C1591
The F259Lord Chancellor may make rules (in this Act referred to as “rules of procedure”)—
a
for regulating the exercise of the rights of appeal conferred by this Part of this Act;
b
for prescribing the practice and procedure to be followed on or in connection with appeals thereunder, including the mode and burden of proof and admissibility of evidence on such an appeal; and
c
for other matters preliminary or incidental to or arising out of such appeals, including proof of the decisions of adjudicators or the Appeal Tribunal.
C1592
Rules of procedure may include provision—
a
enabling the Tribunal, on an appeal from an adjudicator, to remit the appeal to an adjudicator for determination by him in accordance with any directions of the Tribunal, or for further evidence to be obtained with a view to determination by the Tribunal; or
b
enabling any functions of the Tribunal which relate to matters preliminary or incidental to an appeal, or which are conferred by Part II of Schedule 2 to this Act, to be performed by a single member of the Tribunal; or
c
conferring on adjudicators or the Tribunal such ancillary powers as the F259Lord Chancellor thinks necessary for the purposes of the exercise of their functions.
C1593
The rules of procedure shall provide that any appellant shall have the right to be legally represented.
C1594
Where on an appeal under this Part of this Act it is alleged—
a
that a passport or other travel document, F260certificate of entitlement, entry clearance or work permit (or any part thereof or entry therein) on which a party relies is a forgery; and
b
that the disclosure to that party of any matters relating to the method of detection would be contrary to the public interest;
then (without prejudice to the generality of the power to make rules of procedure) the adjudicator or Tribunal shall arrange for the proceedings to take place in the absence of that party and his representatives while the allegation at (b) above is inquired into by the adjudicator or Tribunal and, if it appears to the adjudicator or Tribunal that the allegation is made out, for such further period as appears necessary in order to ensure that those matters can be presented to the adjudicator or Tribunal without any disclosure being directly or indirectly made contrary to the public interest.
5
If under the rules of procedure leave to appeal to the Tribunal is required in cases where an adjudicator dismisses an appeal under section 13 above, then the authority having power to grant leave to appeal shall grant it—
a
in any case where the appeal was against a decision that the appellant required leave to enter the United Kingdom, and the authority is satisfied that at the time of the decision he held a F260certificate of entitlement; and
b
in any case where the appeal was against a refusal of leave to enter, and the authority is satisfied that at the time of the refusal the appellant held an entry clearance and that the dismissal of the appeal was not required by section 13(4).
C1596
A person who is required under or in accordance with rules of procedure to attend and give evidence or produce documents before an adjudicator or the Tribunal, and fails without reasonable excuse to comply with the requirement, shall be guilty of an offence and liable on summary conviction to a fine not exceeding F261level 3 on the standard scale.
C1597
The power to make rules of procedure shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C16023 Financial support for organisations helping persons with rights of appeal.
The Secretary of State may with the consent of the Treasury make grants to any voluntary organisation which provides advice or assistance for, or other services for the welfare of, persons who have rights of appeal under this Part of this Act.
C293C95C200 Part III Criminal Proceedings
Pt. 3 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; and (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(4)(5); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)
Pt. 3 extended (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1 (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Pt. 3 modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))
C37C213C240C25024C200Illegal entry and similar offences.
F499A1
A person who knowingly enters the United Kingdom in breach of a deportation order commits an offence.
B1
A person who—
a
requires leave to enter the United Kingdom under this Act, and
b
knowingly enters the United Kingdom without such leave,
commits an offence.
C1
A person who—
a
has only a limited leave to enter or remain in the United Kingdom, and
b
knowingly remains beyond the time limited by the leave,
commits an offence.
D1
A person who—
a
requires entry clearance under the immigration rules, and
b
knowingly arrives in the United Kingdom without a valid entry clearance,
commits an offence.
E1
A person who—
a
is required under immigration rules not to travel to the United Kingdom without an ETA that is valid for the person’s journey to the United Kingdom, and
b
knowingly arrives in the United Kingdom without such an ETA,
commits an offence.
F1
A person who commits an offence under any of subsections (A1) to (E1) is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding F554the general limit in a magistrates’ court or a fine (or both);
b
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);
d
on conviction on indictment—
i
for an offence under subsection (A1), to imprisonment for a term not exceeding five years or a fine (or both);
ii
for an offence under any of subsections (B1) to (E1), to imprisonment for a term not exceeding four years or a fine (or both).
G1
In relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in subsection (F1)(a) to F553the general limit in a magistrates’ court is to be read as a reference to six months.
1
A person who is not F51a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than F52F53level 5on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:—
F54aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C38b
if, having only a limited leave to enter or remain in the United Kingdom, he knowingly F501fails to observe a condition of the leave;
c
if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);
d
if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to F55a medical officer of healthF55the chief administrative medical officer of a Health BoardF56or the F552chief administrative medical officer of a Health and Social Services BoardF552Director of Public Health for Northern Ireland, or to attend, or submit to a test or examination, as required by such an officer;
F429e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom;
g
if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act F430;
h
if the person is on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 and, without reasonable excuse, the person breaches a bail condition within the meaning of that Schedule.
F571A
A person commits an offence under F502subsection (C1) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the United Kingdom thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.
F582
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F4283A
The extended time limit for prosecutions which is provided for by section 28(1A) below shall apply to offences under subsection (1)(h) above.
4
In proceedings for an offence F504under subsection (B1) above of entering the United Kingdom without leave,—
a
any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;
b
proof that a person had leave to enter the United Kingdom shall lie on the defence F505....
F5065
In proceedings for an offence under subsection (D1) above of arriving in the United Kingdom without a valid entry clearance—
a
any document attached to a passport or other travel document purporting to have been issued by the Secretary of State for the purposes of providing evidence of entry clearance for a particular period is to be presumed to have been duly so issued unless the contrary is proved;
b
proof that a person had a valid entry clearance is to lie on the defence.
C39C213F5924AC200 Deception.
1
A person who is not a British citizen is guilty of an offence if, by means which include deception by him—
a
he obtains or seeks to obtain F507—
i
leave to enter or remain in the United KingdomF508, or
ii
an ETA; or
b
he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.
2
“Enforcement action”, in relation to a person, means—
a
the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;
b
the making of a deportation order against him under section 5 of this Act; or
c
his removal from the United Kingdom in consequence of directions or a deportation order.
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
4
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C21324BC200F351Illegal working
1
A person (“P”) who is subject to immigration control commits an offence if—
a
P works at a time when P is disqualified from working by reason of P's immigration status, and
b
at that time P knows or has reasonable cause to believe that P is disqualified from working by reason of P's immigration status.
2
For the purposes of subsection (1) a person is disqualified from working by reason of the person's immigration status if—
a
the person has not been granted leave to enter or remain in the United Kingdom, or
b
the person's leave to enter or remain in the United Kingdom—
i
is invalid,
ii
has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
iii
is subject to a condition preventing the person from doing work of that kind.
3
A person who is guilty of an offence under subsection (1) is liable on summary conviction—
a
in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both,
b
in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.
4
In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months.
5
If a person is convicted of an offence under subsection (1) in England and Wales, the prosecutor must consider whether to ask the court to commit the person to the Crown Court under section 70 of the Proceeds of Crime Act 2002 (committal with view to confiscation order being considered).
6
If a person is convicted of an offence under subsection (1) in Scotland, the prosecutor must consider whether to ask the court to act under section 92 of the Proceeds of Crime Act 2002 (making of confiscation order).
7
If a person is convicted of an offence under subsection (1) in Northern Ireland, the prosecutor must consider whether to ask the court to commit the person to the Crown Court under section 218 of the Proceeds of Crime Act 2002 (committal with view to confiscation order being considered).
8
The reference in subsection (1) to a person who is subject to immigration control is to a person who under this Act requires leave to enter or remain in the United Kingdom.
9
Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—
a
the person is to be treated for the purposes of subsection (2) as if the person had been granted leave to enter the United Kingdom, but
b
any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.
10
The reference in subsection (1) to a person working is to that person working—
a
under a contract of employment,
b
under a contract of apprenticeship,
c
under a contract personally to do work,
d
under or for the purposes of a contract for services,
e
for a purpose related to a contract to sell goods,
f
as a constable,
g
in the course of Crown employment,
h
as a relevant member of the House of Commons staff, or
i
as a relevant member of the House of Lords staff.
11
In subsection (10)—
“contract to sell goods” means a contract by which a person acting in the course of a trade, business, craft or profession transfers or agrees to transfer the property in goods to another person (and for this purpose “goods” means any tangible moveable items);
“Crown employment”—
- a
in relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996;
- b
in relation to Northern Ireland, has the meaning given by Article 236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16));
- a
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996;
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996.
12
Subsection (1) does not apply to—
a
service as a member of the naval, military or air forces of the Crown, or
b
employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996.
13
In this section “contract” means a contract whether express or implied and, if express, whether oral or in writing.
C213F6125C200 Assisting unlawful immigration to member State F463or the United Kingdom
1
A person commits an offence if he—
a
b
knows or has reasonable cause for believing that the act facilitates the commission of a breach F346or attempted breach of immigration law by the individual, and
c
knows or has reasonable cause for believing that the individual is not F472a national of the United Kingdom.
2
In subsection (1) “immigration law” means a law which has effect in a member State F464or the United Kingdom and which controls, in respect of some or all persons who are not nationals of the State F465or, as the case may be, of the United Kingdom, entitlement to—
b
transit across the State F467or the United Kingdom, or
c
be in the State F468or the United Kingdom.
F4692A
In subsections (1) and (2), “national of the United Kingdom” means—
a
a British citizen;
b
a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or
b
a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.
3
A document issued by the government of a member State certifying a matter of law in that State—
a
shall be admissible in proceedings for an offence under this section, and
b
shall be conclusive as to the matter certified.
F624
Subsection (1) applies to things done whether inside or outside the United Kingdom.
6
A person guilty of an offence under this section shall be liable—
a
on conviction on indictment, to F510imprisonment for life, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
F637
In this section—
F473b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4718
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C213F6425AC200 Helping asylum-seeker to enter United Kingdom
1
A person commits an offence if—
a
b
he knows or has reasonable cause to believe that the individual is an asylum-seeker.
2
In this section “asylum-seeker” means a person who intends to claim that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—
a
the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation)), or
b
the Human Rights Convention (within the meaning given by that section).
3
Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which—
a
aims to assist asylum-seekers, and
b
does not charge for its services.
4
F66Subsections (4) and (6) of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section.
F47425B Assisting entry to United Kingdom in breach of deportation or exclusion order
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25BAF496Facilitation offences: application to rescuers
1
A person does not commit a facilitation offence if the act of facilitation was an act done by or on behalf of, or co-ordinated by—
a
Her Majesty’s Coastguard, or
b
an overseas maritime search and rescue authority exercising similar functions to those of Her Majesty’s Coastguard.
2
In proceedings for a facilitation offence, it is a defence for the person charged with the offence to show that—
a
the assisted individual had been in danger or distress at sea, and
b
the act of facilitation was an act of providing assistance to the individual at any time between—
i
the time when the assisted individual was first in danger or distress at sea, and
ii
the time when the assisted individual was delivered to a place of safety on land.
3
For the purposes of subsection (2), the following are not to be treated as an act of providing assistance—
a
the act of delivering the assisted individual to the United Kingdom in circumstances where—
i
the United Kingdom was not the nearest place of safety on land to which the assisted individual could have been delivered, and
ii
the person charged with the offence did not have a good reason for delivering the assisted individual to the United Kingdom instead of to a nearer place of safety on land;
b
the act of steering a ship in circumstances where the person charged with the offence was on the same ship as the assisted individual at the time when the individual was first in danger or distress at sea.
4
A person is taken to have shown a fact mentioned in subsection (2) if—
a
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
5
In this section—
“act of facilitation”—
- a
in relation to an offence under section 25 (assisting unlawful immigration), means the act mentioned in subsection (1)(a) of that section;
- b
in relation to an offence under section 25A (helping asylum-seeker to enter the UK), means the act of facilitating the arrival (or attempted arrival) in, or entry (or attempted entry) into, the United Kingdom of an individual, as mentioned in subsection (1)(a) of that section;
- c
in relation to an offence under section 25B(1) (facilitating breach of deportation order), means the act mentioned in subsection (1)(a) of that section;
- d
in relation to an offence under section 25B(3) (assisting entry to UK in breach of an exclusion order), means the act mentioned in subsection (3)(a) of that section;
- a
“assisted individual”—
- a
in relation to an offence under section 25, means the individual whose breach (or attempted breach) of immigration law is facilitated by the act of facilitation;
- b
in relation to an offence under section 25A, means the individual whose arrival (or attempted arrival) in, or entry (or attempted entry) into, the United Kingdom is facilitated by the act of facilitation;
- c
in relation to an offence under section 25B(1), means the individual whose breach (or attempted breach) of a deportation order is facilitated by the act of facilitation;
- d
in relation to an offence under section 25B(3), means the individual who is assisted to arrive in, enter or remain (or to attempt to arrive in, enter or remain) in the United Kingdom by the act of facilitation;
- a
“facilitation offence” means—
- a
an offence under section 25 (assisting unlawful immigration),
- b
an offence under section 25A (helping asylum-seeker to enter the United Kingdom), or
- c
an offence under section 25B (assisting entry to the United Kingdom in breach of deportation or exclusion order) to the extent that the section continues to apply by virtue of regulation 5(7) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309);
- a
“ship” includes—
- a
every description of vessel (including a hovercraft), and
- b
any other structure (whether with or without means of propulsion) constructed or used to carry persons, goods, plant or machinery by water.
- a
25BBFacilitation offences: defences relating to stowaways
1
In proceedings for a facilitation offence brought against a master of a ship, it is a defence for the master to show—
a
that the assisted individual was a stowaway when the act of facilitation took place, and
b
that the master, or a person acting on the master’s behalf, reported the presence of the assisted individual on the ship to the Secretary of State or an immigration officer—
i
in a case where the ship was scheduled to go to the United Kingdom, as soon as reasonably practicable after the time when the ship’s next scheduled port of call became a port in the United Kingdom, or
ii
in a case where the ship was not scheduled to go to the United Kingdom but the master of the ship decided that the ship needed to go to the United Kingdom (whether for reasons relating to the presence of the assisted individual on board or for other reasons), as soon as reasonably practicable after the master made that decision.
2
In proceedings for a facilitation offence, it is a defence for the person charged with the offence to show—
a
that the assisted individual was a stowaway when the act of facilitation took place,
b
that they were acting to ensure the security, general health, welfare or safety of the assisted individual, and
c
that they had reported the presence of the assisted individual to the master of the ship as soon as reasonably practicable.
3
A person is taken to have shown a fact mentioned in subsection (1) or (2) if—
a
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
4
For the purposes of this section, an individual is a stowaway on a ship if—
a
they boarded the ship without the knowledge of the master of the ship, and
b
the master was not aware of their presence on the ship when the ship departed from the port where the individual boarded.
5
But an individual ceases to be a stowaway if, after the master of the ship has become aware of their presence on the ship, the individual is given permission to leave the ship by the immigration authorities of a country that the ship arrives at (whether or not they do in fact leave the ship there).
6
In this section, “act of facilitation”, “assisted individual”, “facilitation offence” and “ship” have the same meanings as in section 25BA.
C40C41C213C235C241C251F6725CC200 Forfeiture of vehicle, ship or aircraft
1
This section applies where a person is convicted on indictment of an offence under section 25 F476or 25A.
2
The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the convicted person—
a
owned the vehicle at the time the offence was committed,
b
was at that time a director, secretary or manager of a company which owned the vehicle,
c
was at that time in possession of the vehicle under a hire-purchase agreement,
d
was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or
e
was driving the vehicle in the course of the commission of the offence.
3
The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—
a
owned the ship or aircraft at the time the offence was committed,
b
was at that time a director, secretary or manager of a company which owned the ship or aircraft,
c
was at that time in possession of the ship or aircraft under a hire-purchase agreement,
d
was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement,
e
was at that time a charterer of the ship or aircraft, or
f
committed the offence while acting as captain of the ship or aircraft.
4
But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—
a
in the case of a ship, if subsection (5) or (6) applies;
b
in the case of an aircraft, if subsection (5) or (7) applies.
5
This subsection applies where—
a
in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and
b
a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25 F477or 25A.
6
This subsection applies where a ship’s gross tonnage is less than 500 tons.
7
This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.
8
Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations.
9
In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—
a
b
an individual who is F341the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).F332the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015F421the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).
10
In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—
a
an asylum-seeker (within the meaning of that section), and
b
an individual who is F342the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).F333the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015F422the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).
11
In the case of an offence under section 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is F343the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).F334the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015F423the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).
C42C43C213F70F6925DC200F69 Detention of ship, aircraft or vehicle
1
If a person has been arrested for an offence under F71section 25 F478or 25A, a senior officer or a constable may detain a relevant ship, aircraft or vehicle—
a
until a decision is taken as to whether or not to charge the arrested person with that offence; or
b
if the arrested person has been charged—
i
until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or
ii
if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle.
2
A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or constable concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under F72section 25C.
F733
A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that—
a
he owns the ship, aircraft or vehicle,
b
he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or
c
he is a charterer of the ship or aircraft.
4
The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if—
a
the arrested person is convicted; and
b
an order for its forfeiture is made under F72section 25C.
5
In the application to Scotland of subsection (1), for paragraphs (a) and (b) substitute—
a
until a decision is taken as to whether or not to institute criminal proceedings against the arrested person for that offence; or
b
if criminal proceedings have been instituted against the arrested person—
i
until he is acquitted or, under section 65 or 147 of the M9Criminal Procedure (Scotland) Act 1995, discharged or liberated or the trial diet is deserted simpliciter;
ii
if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle,
and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service on him of an indictment or complaint.
6
“Court” means—
a
in England and Wales—
F74ia
if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;
iii
if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;
b
in Scotland, the sheriff; and
c
in Northern Ireland—
F378i
if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;
iii
if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.
7
F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
“Senior officer” means an immigration officer not below the rank of chief immigration officer.
C21326C200 General offences in connection with administration of Act.
1
A person shall be guilty of an offence punishable on summary conviction with a fine of not more than F76F77level 5 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases—
a
if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;
b
if, without reasonable excuse, he refuses or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;
c
if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of F78a relevant enactment a return, statement or representation which he knows to be false or does not believe to be true;
C44d
if, without lawful authority, he alters any F79certificate of entitlement, entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, F79certificate of entitlement, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;
e
if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act;
C45f
if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above;
g
if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.
F512h
if, without reasonable excuse, the person fails to comply with a direction under paragraph 1(6) of Schedule 2 (direction to move a container for purposes of a search).
2
The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above.
F803
“Relevant enactment” means—
a
this Act;
b
the M10Immigration Act 1988;
d
the Immigration and Asylum Act 1999 (apart from Part VI) F82 ; or
e
the Nationality, Immigration and Asylum Act 2002 (apart from Part 5).
C213F8326AC200 Registration card
1
In this section “registration card” means a document which—
a
carries information about a person (whether or not wholly or partly electronically), and
F84b
is issued by the Secretary of State to the person wholly or partly in connection with—
i
a claim for asylum (whether or not made by that person), or
ii
a claim for support under section 4 of the Immigration and Asylum Act 1999 (whether or not made by that person).
2
In subsection (1) “claim for asylum” has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002.
3
A person commits an offence if he—
a
makes a false registration card,
b
alters a registration card with intent to deceive or to enable another to deceive,
c
has a false or altered registration card in his possession without reasonable excuse,
d
uses or attempts to use a false registration card for a purpose for which a registration card is issued,
e
uses or attempts to use an altered registration card with intent to deceive,
f
makes an article designed to be used in making a false registration card,
g
makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or
h
has an article within paragraph (f) or (g) in his possession without reasonable excuse.
4
In subsection (3) “false registration card” means a document which is designed to appear to be a registration card.
5
A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
6
A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
7
The Secretary of State may by order—
a
amend the definition of “registration card” in subsection (1);
b
make consequential amendment of this section.
8
An order under subsection (7)—
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.
C213F8526BC200 Possession of immigration stamp
1
A person commits an offence if he has an immigration stamp in his possession without reasonable excuse.
2
A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse.
3
In this section—
a
“immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function,
b
“replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and
c
“immigration function” means a function of an immigration officer or the Secretary of State under the Immigration Acts.
4
A person who is guilty of an offence under this section shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
C46C186C213C252C24227C200 Offences by persons connected with ships or aircraft or with ports.
F3361
A person shall be guilty of an offence punishable on summary conviction with a fine of not more than F86F87level 5 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases—
a
if, being the captain of a ship or aircraft,—
i
he knowingly permits a person to disembark in the United Kingdom when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connection with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or
ii
he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 F88or under the Immigration and Asylum Act 1999with respect to the removal of a person from the United Kingdom;
b
if, as owner or agent of a ship or aircraft,—
i
he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or
ii
he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or
iii
F294iiia
he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2; or
c
if, F92. . . as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated.
F296ca
if as a person concerned in the management of a port he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2.
F93d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3372
Proceedings may not be instituted against a person under subsection (1)(a)(i) or (1)(b)(iv) for a failure to provide information or otherwise to comply with a requirement imposed under paragraph 27, 27B or 27BA of Schedule 2 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
paragraph 27BB of Schedule 2,
ii
section 32B of the Immigration, Asylum and Nationality Act 2006, 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 34 of the Immigration, Asylum and Nationality Act 2006 in respect of a failure to provide the same information.
C21328C200 Proceedings.
F560A1
Proceedings for an offence under this Part that is committed in the territorial sea adjacent to the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
C471
Where the offence is one to which, under section F43324(3)F94. . . or 26 above, an extended time limit for prosecutions is to apply, then—
a
an information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by F95an officer of police above the rank of chief superintendent to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of F95the police force to which he belongs; and
b
summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and
c
a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.
F4321A
Where the offence is one to which, under section 24(3A), an extended time limit for prosecutions is to apply, then—
a
an information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid—
i
within the period of six months beginning with the date of the commission of the offence, or
ii
within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i),
b
summary proceedings for the offence may in Scotland be commenced—
i
within the period of six months beginning with the date of the commission of the offence, or
ii
within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i), and
c
a complaint charging the commission of an offence under this paragraph may in Northern Ireland be heard and determined by a magistrates' court if it is made—
i
within the period of six months beginning with the date of the commission of the offence, or
ii
within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i).
2
For purposes of F434subsections (1)(b) and (1A)(b) above proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in F434subsections (1)(b) and (1A)(b) came to his knowledge shall be conclusive evidence.
F3492A
Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under F551this Part.
3
For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.
C48C494
Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.
E1C21328AC200C50F96 Arrest without warrant.
C51C1811
F97An immigration officer may arrest without warrant a person—
a
who has committed or attempted to commit an offence under section 24 or 24A; or
b
whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.
2
But subsection (1) does not apply in relation to an offence under section 24(1)(d).
C52C513
An immigration officer may arrest without warrant a person—
a
b
whom he has reasonable grounds for suspecting has committed F350or attempted to commit that offence.
4
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 26(1)(g); or
b
is committing or attempting to commit that offence.
C2976
The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
C2977
The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—
a
he does not know, and cannot readily discover, the suspect’s name;
b
he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;
c
the suspect has failed to give him a satisfactory address for service; or
d
he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.
C2978
The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—
a
causing physical injury to himself or another person;
b
suffering physical injury; or
c
causing loss of or damage to property.
C2979
For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—
a
that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or
b
that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.
F1009A
F97An immigration officer may arrest without warrant a person—
a
who has committed an offence under section 26A or 26B; or
b
whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.
F3559B
An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or
b
is committing or attempting to commit that offence.
F3799C
An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or
b
is committing or attempting to commit that offence.
C29810
C29811
C50E3C181C213F9628AArrest without warrant.
C511
A constable or immigration officer may arrest without warrant a person—
a
who has committed or attempted to commit an offence under section 24 or 24A; or
b
whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.
2
But subsection (1) does not apply in relation to an offence under section 24(1)(d).
C52C513
An immigration officer may arrest without warrant a person—
a
b
whom he has reasonable grounds for suspecting has committed F350or attempted to commit that offence.
4
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 26(1)(g); or
b
is committing or attempting to commit that offence.
C2976
The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
C2977
The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—
a
he does not know, and cannot readily discover, the suspect’s name;
b
he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;
c
the suspect has failed to give him a satisfactory address for service; or
d
he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.
C2978
The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—
a
causing physical injury to himself or another person;
b
suffering physical injury; or
c
causing loss of or damage to property.
C2979
For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—
a
that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or
b
that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.
F1009A
A constable or immigration officer may arrest without warrant a person—
a
who has committed an offence under section 26A or 26B; or
b
whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.
F3559B
An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or
b
is committing or attempting to commit that offence.
F3799C
An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or
b
is committing or attempting to commit that offence.
C29810
C29811
C50E2C181C213F9628A Arrest without warrant.
C511
F103An immigration officer may arrest without warrant a person—
a
who has committed or attempted to commit an offence under section 24 or 24A; or
b
whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.
2
But subsection (1) does not apply in relation to an offence under section 24(1)(d).
C52C513
An immigration officer may arrest without warrant a person—
a
b
whom he has reasonable grounds for suspecting has committed F350or attempted to commit that offence.
4
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 26(1)(g); or
b
is committing or attempting to commit that offence.
C2976
The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
C2977
The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—
a
he does not know, and cannot readily discover, the suspect’s name;
b
he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;
c
the suspect has failed to give him a satisfactory address for service; or
d
he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.
C2978
The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—
a
causing physical injury to himself or another person;
b
suffering physical injury; or
c
causing loss of or damage to property.
C2979
For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—
a
that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or
b
that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.
F1009A
F104An immigration officer may arrest without warrant a person—
a
who has committed an offence under section 26A or 26B; or
b
whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.
F3559B
An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or
b
is committing or attempting to commit that offence.
F3799C
An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or
b
is committing or attempting to commit that offence.
C29810
C29811
C213F10528AAC200 Arrest with warrant
1
This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under—F366section 24(1)(d)
2
The justice of the peace may grant a warrant authorising any immigration officer to arrest the person.
3
In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace.
C53C54C55C56C57C172C177C200C198C213F10628BC200 Search and arrest by warrant.
1
Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises.
2
The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
3
Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).
4
The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
5
C58C213F10928CC200 Search and arrest without warrant.
1
2
The power may be exercised—
a
only to the extent that it is reasonably required for that purpose; and
b
only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.
3
In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—
a
any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and
b
any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.
4
The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).
F111C182C213C5928CAC200 Business premises: entry to arrest
1
A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—
a
for an offence under section 24,
b
for an offence under section 24A, or
F368ba
for an offence under section 24B,
c
under paragraph 17 of Schedule 2.
2
The power under subsection (1) may be exercised only—
a
to the extent that it is reasonably required for a purpose specified in subsection (1),
b
if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,
c
with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and
d
if the constable or immigration officer produces identification showing his status.
3
Authority for the purposes of subsection (2)(c)—
a
may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and
b
shall expire at the end of the period of seven days beginning with the day on which it is given.
4
Subsection (2)(d) applies—
a
whether or not a constable or immigration officer is asked to produce identification, but
b
only where premises are occupied.
5
Subsection (6) applies where a constable or immigration officer—
a
enters premises in reliance on this section, and
b
detains a person on the premises.
6
A detainee custody officer may enter the premises for the purpose of carrying out a search.
7
In subsection (6)—
“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and
“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).
C60C61C62C63C64C173C199C200C213F11228DC200 Entry and search of premises.
1
If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that—
a
a relevant offence has been committed,
b
there is material on premises F383mentioned in subsection (1A) which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,
c
the material is likely to be relevant evidence,
d
the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and
e
any of the conditions specified in subsection (2) applies, F384in relation to each set of premises specified in the application,
he may issue a warrant authorising an immigration officer to enter and search the premises.
F3901A
The premises referred to in subsection (1)(b) above are—
a
one or more sets of premises specified in the application, or
b
subject to subsection (2A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).
1B
If the application is for an all premises warrant, the justice of the peace must also be satisfied—
a
that because of the particulars of the offence referred to in paragraph (a) of subsection (1), there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection, and
b
that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.
1C
Subject to subsection (2A), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.
1D
If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.
2
The conditions F385referred to in subsection (1)(e) are that—
a
it is not practicable to communicate with any person entitled to grant entry to the premises;
b
it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
c
entry to the premises will not be granted unless a warrant is produced;
d
the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.
F3892A
A justice of the peace in Scotland may not issue—
a
an all premises warrant under this section, or
b
a warrant under this section authorising multiple entries.
C653
An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).
4
5
In relation to England and Wales, expressions which are given a meaning by the M12Police and Criminal Evidence Act 1984 have the same meaning when used in this section.
6
In relation to Northern Ireland, expressions which are given a meaning by the M13Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.
7
In the application of F386this section to Scotland—
a
b
in F392subsection (1)(d) , omit the reference to excluded material and special procedure material.
C66C67C68C69C70C71C178C174C213F11528EC200 Entry and search of premises following arrest.
1
This section applies if a person is arrested for an offence under this Part at a place other than a police station.
2
An immigration officer may enter and search any premises—
a
in which the person was when arrested, or
b
in which he was immediately before he was arrested,
for evidence relating to the offence for which the arrest was made (“relevant evidence”).
3
The power may be exercised—
a
only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and
b
only to the extent that it is reasonably required for the purpose of discovering relevant evidence.
4
In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—
a
any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and
b
any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
C725
An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.
6
Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.
C73C213F11728FC200F116Entry and search of premises following arrest under section 25, 25A, or 25B.
1
2
The power may be exercised—
a
only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;
b
only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and
c
subject to subsection (3), only if a senior officer has authorised it in writing.
3
The power may be exercised—
a
before taking the arrested person to a place where he is to be detained; and
b
without obtaining an authorisation under subsection (2)(c),
if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.
4
An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.
5
The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of—
a
the grounds for the search; and
b
the nature of the evidence that was sought.
C746
An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.
7
“Relevant evidence” means evidence, other than items subject to legal privilege, that relates to the offence in question.
8
“Senior officer” means an immigration officer not below the rank of chief immigration officer.
C75C183C213F11928FAC200Search for personnel records: warrant unnecessary
1
This section applies where—
b
a person has been arrested under paragraph 17 of Schedule 2,
c
a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section F51624 or 24A(1), or
d
a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.
2
A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes—
a
that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and
b
that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence.
3
A constable or officer searching premises under subsection (2) may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—
a
an immigration employment offence, or
b
an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).
4
The power under subsection (2) may be exercised only—
a
to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege,
b
if the constable or immigration officer produces identification showing his status, and
c
if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies.
5
Those conditions are—
a
that it is not practicable to communicate with a person entitled to grant access to the records,
b
that permission to search has been refused,
c
that permission to search would be refused if requested, and
d
that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2).
6
Subsection (4)(b) applies—
a
whether or not a constable or immigration officer is asked to produce identification, but
b
only where premises are occupied.
7
In this section “immigration employment offence” means F120an offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (employment).
C213F12128FBC200 Search for personnel records: with warrant
1
This section applies where on an application made by an immigration officer in respect of business premises F393mentioned in subsection (1A) a justice of the peace is satisfied that there are reasonable grounds for believing—
a
that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer),
b
that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and
c
that at least one of the conditions in subsection (2) is satisfied F394in relation to each set of premises specified in the application.
F3951A
The premises referred to in subsection (1) above are—
a
one or more sets of premises specified in the application, or
b
subject to subsection (3C), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).
1B
If the application is for an all premises warrant, the justice of the peace must also be satisfied—
a
that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the records referred to in subsection (1)(b), and
b
that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.
2
F396The conditions referred to in subsection (1)(c) are—
a
that it is not practicable to communicate with a person entitled to grant access to the premises,
b
that it is not practicable to communicate with a person entitled to grant access to the records,
c
that entry to the premises or access to the records will not be granted unless a warrant is produced, and
d
that the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.
3
The justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.
F3973A
Subject to subsection (3C), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.
3B
If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.
3C
A justice of the peace in Scotland may not issue—
a
an all premises warrant under this section, or
b
a warrant under this section authorising multiple entries.
4
Subsection (7)(a) of section 28D shall have effect for the purposes of this section as it has effect for the purposes of that section.
5
An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—
a
an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act, or
b
an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).
C76C77C78C79C80C81C179C175C213F12228GC200 Searching arrested persons.
1
This section applies if a person is arrested for an offence under this Part at a place other than a police station.
2
An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
3
The officer may search the arrested person for—
a
anything which he might use to assist his escape from lawful custody; or
b
anything which might be evidence relating to the offence for which he has been arrested.
4
The power conferred by subsection (3) may be exercised—
a
only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and
b
only to the extent that it is reasonably required for the purpose of discovering any such thing.
5
A power conferred by this section to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.
6
An officer searching a person under subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that that person might use it to cause physical injury to himself or to another person.
C827
An officer searching a person under subsection (3) may seize and retain anything he finds, if he has reasonable grounds for believing—
a
that that person might use it to assist his escape from lawful custody; or
b
that it is evidence which relates to the offence in question.
8
Subsection (7)(b) does not apply to an item subject to legal privilege.
C83C84C85C86C87C88C176C180C213F12328HC200 Searching persons in police custody.
1
This section applies if a person—
a
has been arrested for an offence under this Part; and
b
is in custody at a police station or in police detention at a place other than a police station.
2
An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything—
a
which he might use to—
i
cause physical injury to himself or others;
ii
damage property;
iii
interfere with evidence; or
iv
assist his escape; or
b
which the officer has reasonable grounds for believing is evidence relating to the offence in question.
3
The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2).
4
An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that—
a
that person might use it for one or more of the purposes mentioned in subsection (2)(a); or
b
it is evidence relating to the offence in question.
5
Anything seized under subsection (4)(a) may be retained by the police.
6
Anything seized under subsection (4)(b) may be retained by an immigration officer.
7
The person from whom something is seized must be told the reason for the seizure unless he is—
a
violent or appears likely to become violent; or
b
incapable of understanding what is said to him.
8
An intimate search may not be conducted under this section.
9
The person carrying out a search under this section must be of the same sex as the person searched.
10
“Custody officer”—
a
in relation to England and Wales, has the same meaning as in the M14Police and Criminal Evidence Act 1984;
b
in relation to Scotland, means the officer in charge of a police station; and
c
in relation to Northern Ireland, has the same meaning as in the M15Police and Criminal Evidence (Northern Ireland) Order 1989.
11
“Intimate search”—
a
in relation to England and Wales, has the meaning given by section 65 of the Act of 1984;
b
in relation to Scotland, means a search which consists of the physical examination of a person’s body orifices other than the mouth; and
c
in relation to Northern Ireland, has the same meaning as in the 1989 Order.
12
“Police detention”—
a
in relation to England and Wales, has the meaning given by section 118(2) of the 1984 Act; and
b
in relation to Northern Ireland, has the meaning given by Article 2 of the 1989 Order.
13
In relation to Scotland, a person is in police detention if—
a
he has been taken to a police station after being arrested for an offence; or
F445b
he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,
and is detained there or is detained elsewhere in the charge of a constable, but is not in police detention if he is in court after being charged.
C21328ZIC200F352Retention of seized material
1
This section applies to anything seized by an immigration officer under this Part for the purposes of the investigation of an offence or on the basis that it may be evidence relating to an offence.
2
Anything seized as mentioned in subsection (1) may be retained so long as is necessary in all the circumstances and in particular—
a
may be retained, except as provided for by subsection (3)—
i
for use as evidence at a trial for an offence, or
ii
for forensic examination or for investigation in connection with an offence, and
b
may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
3
Nothing may be retained for a purpose mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.
C89C90C201C197C196C213F12428IC200 Seized material: access and copying.
1
If a person showing himself—
a
to be the occupier of the premises on which seized material was seized, or
b
to have had custody or control of the material immediately before it was seized,
asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.
2
If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision—
a
in the case of seized material within subsection (8)(a), of an immigration officer;
b
in the case of seized material within subsection (8)(b), of a constable.
3
An immigration officer may photograph or copy, or have photographed or copied, seized material.
4
If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—
a
that person to have access to the material for the purpose of photographing or copying it under the supervision—
i
in the case of seized material within subsection (8)(a), of an immigration officer;
ii
in the case of seized material within subsection (8)(b), of a constable; or
b
the material to be photographed or copied.
5
A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time.
6
There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—
a
the exercise of any functions in connection with which the material was seized; or
b
an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.
7
“Relevant person” means—
a
a person who had custody or control of seized material immediately before it was seized, or
b
someone acting on behalf of such a person.
8
“Seized material” means anything—
a
seized and retained by an immigration officer, or
b
seized by an immigration officer and retained by the police,
under this Part.
C91C213C219F12528JC200 Search warrants: safeguards.
1
The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K.
2
If an immigration officer applies for a warrant, he must—
a
state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;
F401aa
if the application is for a warrant authorising entry and search on more than one occasion, state the ground on which the officer applies for such a warrant, and whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;
F402b
specify the matters set out in subsection (2A) below; and
c
identify, so far as is practicable, the persons or articles to be sought.
F3982A
The matters which must be specified pursuant to subsection (2)(b) above are—
a
if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;
b
if the application relates to any premises occupied or controlled by a person specified in the application—
i
as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;
ii
the person who is in occupation or control of those premises and any others which it is desired to enter and search;
iii
why it is necessary to search more premises than those specified under sub-paragraph (i);
iv
why it is not reasonably practicable to specify all the premises which it is desired to enter and search.
3
In Northern Ireland, an application for a warrant is to be supported by a complaint in writing and substantiated on oath.
4
Otherwise, an application for a warrant is to be made ex parte and supported by an information in writing or, in Scotland, evidence on oath.
5
The officer must answer on oath any question that the justice of the peace or sheriff hearing the application asks him.
6
A warrant shall authorise an entry on one occasion only F403unless it specifies that it authorises multiple entries .
F3996A
If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.
7
A warrant must specify—
a
the name of the person applying for it;
b
the date on which it is issued;
F404c
each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under the person's occupation or control which can be specified and which are to be searched; and
d
the provision of this Act under which it is issued.
8
A warrant must identify, so far as is practicable, the persons or articles to be sought.
F4059
Two copies must be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.
10
The copies must be clearly certified as copies.
F40010A
All premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.
10B
References in this section to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.
11
“Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) F297or 25A(6A) of Schedule 2.
C92C213C220F12628KC200 Execution of warrants.
1
A warrant may be executed by any immigration officer.
2
A warrant may authorise persons to accompany the officer executing it.
F4062A
A person so authorised has the same powers as the officer whom the person accompanies in respect of—
a
the execution of the warrant, and
b
the seizure or detention of anything to which the warrant relates.
2B
But the person may exercise those powers only in the company, and under the supervision, of an immigration officer.
3
Entry and search under a warrant must be—
a
within F411three months from the date of its issue; and
b
at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated.
F4073A
If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless an immigration officer of at least the rank of chief immigration officer has in writing authorised them to be entered.
3B
No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless an immigration officer of at least the rank of chief immigration officer has in writing authorised that entry to those premises.
4
If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must—
a
identify himself to the occupier and F412, if not in uniform, produce identification showing that he is an immigration officer;
b
show the occupier the warrant; and
c
supply him with a copy of it.
5
If—
a
the occupier is not present, but
b
some other person who appears to the officer to be in charge of the premises is present,
subsection (4) has effect as if each reference to the occupier were a reference to that other person.
6
If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises.
7
A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
8
An officer executing a warrant must make an endorsement on it stating—
a
whether the persons or articles sought were found; and
b
whether any articles, other than articles which were sought, were seized.
F4088A
Unless the warrant is a warrant specifying one set of premises only, the officer must comply with subsection (8) separately in respect of each set of premises entered and searched.
8B
Subject to subsection (8C), a warrant must be returned in accordance with subsection (9)—
a
when it has been executed, or
b
in the case of a specific premises warrant which has not been executed, an all premises warrant or any warrant authorising multiple entries, on the expiry of the period of three months referred to in subsection (3) or sooner.
8C
Subsection (8B) does not apply to a warrant issued by a justice of the peace in Scotland or by the sheriff if the warrant has been executed.
9
F410The warrant must be returned—
F127a
if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;
b
if issued by a justice of the peace in Northern Ireland, to the clerk of petty sessions F420...;
c
if issued by a justice of the peace in Scotland, to the clerk of the district court for the commission area for which the justice of the peace was appointed;
d
if issued by the sheriff, to the sheriff clerk.
C9310
A warrant returned under subsection (9)(a) must be retained for 12 months by the F128designated officer .
11
A warrant issued under subsection (9)(b) or (c) must be retained for 12 months by the clerk.
12
A warrant returned under subsection (9)(d) must be retained for 12 months by the sheriff clerk.
13
If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so.
F40913A
In subsection (8B)—
“specific premises warrant” means a warrant which is not an all premises warrant;
“all premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.
13B
The reference in subsection (8B) to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.
14
“Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) F298or 25A(6A) of Schedule 2.
C213F12928LC200 Interpretation of Part III.
C94F1301
F562Subject to subsection (1A) in this Part, “premises” and “items subject to legal privilege” have the same meaning—
a
in relation to England and Wales, as in the M16Police and Criminal Evidence Act 1984;
b
in relation to Northern Ireland, as in the M17Police and Criminal Evidence (Northern Ireland) Order 1989; and
c
in relation to Scotland, as in section F131412 of the Proceeds of Crime Act 2002.
F5611A
In this Part “premises” also includes any artificial island, installation or structure (including one in the territorial sea adjacent to the United Kingdom).
F1322
In this Part “business premises” means premises (or any part of premises) not used as a dwelling.
3
In this Part “employee records” means records which show an employee’s—
a
name,
b
date of birth,
c
address,
d
length of service,
e
rate of pay, or
f
nationality or citizenship.
4
The Secretary of State may by order amend section 28CA(3)(a) to reflect a change in nomenclature.
5
An order under subsection (4)—
a
must be made by statutory instrument, and
b
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F344PART 3AMaritime enforcement
Pt. 3A inserted (31.5.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 14 para. 7; S.I. 2016/603, reg. 2(d)
28LAF497Enforcement powers in relation to ships: United Kingdom
1
An immigration officer or an enforcement officer may exercise the powers set out in Part A1 of Schedule 4A (“Part A1 powers”) in relation to any of the following in United Kingdom waters, foreign waters or international waters—
a
a United Kingdom ship;
b
a ship without nationality;
c
a foreign ship;
d
a ship registered under the law of a relevant territory.
2
But Part A1 powers may be exercised only—
a
for the purpose of preventing, detecting, investigating or prosecuting a relevant offence, and
b
in accordance with the rest of this section.
3
The authority of the Secretary of State is required before an immigration officer or an enforcement officer may exercise Part A1 powers in relation to—
a
a United Kingdom ship in foreign waters,
b
a ship without nationality,
c
a foreign ship, or
d
a ship registered under the law of a relevant territory.
C21328MEnforcement powers in relation to ships: England and Wales
1
F517An English and Welsh constable may exercise the powers set out in Part 1 of Schedule 4A (“Part 1 powers”) in relation to any of the following in England and Wales waters—
a
a United Kingdom ship;
b
a ship without nationality;
c
a foreign ship;
d
a ship registered under the law of a relevant territory.
2
But Part 1 powers may be exercised only—
a
for the purpose of preventing, detecting, investigating or prosecuting an offence under
ii
section 21 of the Immigration, Asylum and Nationality Act 2006, and
b
in accordance with the rest of this section.
3
4
Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 1 powers in relation to the ship.
C21328NEnforcement powers in relation to ships: Scotland
1
F520A Scottish constable may exercise the powers set out in Part 2 of Schedule 4A (“Part 2 powers”) in relation to any of the following in Scotland waters—
a
a United Kingdom ship;
b
a ship without nationality;
c
a foreign ship;
d
a ship registered under the law of a relevant territory.
2
But Part 2 powers may be exercised only—
a
for the purpose of preventing, detecting, investigating or prosecuting an offence under
ii
section 21 of the Immigration, Asylum and Nationality Act 2006, and
b
in accordance with the rest of this section.
3
4
Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 2 powers in relation to the ship.
C21328OEnforcement powers in relation to ships: Northern Ireland
1
F523A Northern Ireland constable may exercise the powers set out in Part 3 of Schedule 4A (“Part 3 powers”) in relation to any of the following in Northern Ireland waters—
a
a United Kingdom ship;
b
a ship without nationality;
c
a foreign ship;
d
a ship registered under the law of a relevant territory.
2
But Part 3 powers may be exercised only—
a
for the purpose of preventing, detecting, investigating or prosecuting an offence under
ii
section 21 of the Immigration, Asylum and Nationality Act 2006, and
b
in accordance with the rest of this section.
3
4
Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 3 powers in relation to the ship.
C21328PHot pursuit of ships in United Kingdom waters
1
F526An English and Welsh constable may exercise Part 1 powers in relation to a ship in Scotland waters or in Northern Ireland waters if—
a
the ship is pursued there,
b
immediately before the pursuit of the ship, the ship was in England and Wales waters, and
c
the condition in subsection (7) is met.
2
Part 1 powers may be exercised under subsection (1) only—
a
for the purpose mentioned in subsection (2)(a) of section 28M, and
b
(if relevant) in accordance with subsections (3) and (4) of that section.
3
F527A Scottish constable may exercise Part 2 powers in relation to a ship in England and Wales waters or in Northern Ireland waters if—
a
the ship is pursued there,
b
immediately before the pursuit of the ship, the ship was in Scotland waters, and
c
the condition in subsection (7) is met.
4
Part 2 powers may be exercised under subsection (3) only—
a
for the purpose mentioned in subsection (2)(a) of section 28N, and
b
(if relevant) in accordance with subsections (3) and (4) of that section.
5
F528A Northern Ireland constable may exercise Part 3 powers in relation to a ship in England and Wales waters or in Scotland waters if—
a
the ship is pursued there,
b
immediately before the pursuit of the ship, the ship was in Northern Ireland waters, and
c
the condition in subsection (7) is met.
6
Part 3 powers may be exercised under subsection (5) only—
a
for the purpose mentioned in subsection (2)(a) of section 28O, and
b
(if relevant) in accordance with subsections (3) and (4) of that section.
7
The condition referred to in subsection (1)(c), (3)(c) and (5)(c) is that—
a
before the pursuit of the ship, a signal is given for it to stop, and
b
the pursuit of the ship is not interrupted.
8
The signal referred to in subsection (7)(a) must be given in such a way as to be audible or visible from the ship.
9
For the purposes of subsection (7)(b), pursuit is not interrupted by reason only of the fact that—
a
the method of carrying out the pursuit, or
b
the identity of the ship or aircraft carrying out the pursuit,
changes during the course of the pursuit.
10
Nothing in this Part affects any other legal right of hot pursuit that a constable F529... may have.
28PAF498Power to seize and dispose of ships etc.
1
This section applies if—
a
an immigration officer has reasonable grounds to suspect that a ship has been used in the commission of a relevant offence, and
b
the ship is in United Kingdom waters or otherwise in the United Kingdom.
2
Subject to subsection (3), the immigration officer may seize the ship and any property relating to the operation or use of the ship.
3
The authority of the Secretary of State is required before an immigration officer may seize anything under this section.
4
If an immigration officer seizes a foreign ship or a ship registered under the law of a relevant territory, the Secretary of State must notify the home state or relevant territory in question that the ship has been seized.
5
In subsection (4) “home state”, in relation to a foreign ship, means—
a
the State in which the ship is registered, or
b
the State whose flag the ship is otherwise entitled to fly.
6
Where a ship without nationality, or property relating to the operation or use of a ship without nationality, is seized under this section—
a
section 26 of the UK Borders Act 2007 (disposal of property) and any regulations made under that section do not apply in respect of that ship or other property, and
7
The Secretary of State may—
a
return the ship or other property to the person whom the Secretary of State believes to be its owner, or
b
after the relevant period—
i
dispose of the ship or other property, or
ii
determine that the ship or other property is to be retained to be used in the course of, or in connection with, a function under the Immigration Acts.
8
On the making of a determination under subsection (7)(b)(ii), the ship or other property vests in the Secretary of State.
9
The relevant period is the period of 31 days beginning with the date on which the ship or other property was seized.
10
Before exercising a power under subsection (7)(b), the Secretary of State must make reasonable efforts to—
a
ascertain the identity of the owner of the ship or other property, and
b
subject to subsection (11), notify that person that the ship or other property has been seized.
11
The Secretary of State is not required to notify a person under subsection (10)(b) if to do so may prejudice any criminal investigation or criminal proceedings.
12
Disposal under this section may be in any manner the Secretary of State thinks fit, including—
a
by sale;
b
by dismantling;
c
by destruction;
d
by donation of the ship or other property to a charity or other not-for-profit body.
C21328QInterpretation of Part 3A
1
In this Part—
“the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;
“enforcement officer” means—
- a
a person who is a commissioned officer of any of Her Majesty's ships, or
- b
a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;
- a
“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;
“English and Welsh constable” means only a person who is—
- a
a member of a police force in England and Wales,
- b
a member of the British Transport Police Force, or
- c
a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964;
- a
“foreign ship” means a ship which—
- a
is registered in a State other than the United Kingdom, or
- b
is not so registered but is entitled to fly the flag of a State other than the United Kingdom;
- a
F530“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or any State other than the United Kingdom;
F530“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;
“Northern Ireland constable” means only a person who is—
- a
a member of the Police Service of Northern Ireland,
- b
a member of the Police Service of Northern Ireland Reserve, or
- c
a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847;
- a
“Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;
F530“Part A1 powers” means the powers set out in Part A1 of Schedule 4A;
“Part 1 powers” means the powers set out in Part 1 of Schedule 4A;
“Part 2 powers” means the powers set out in Part 2 of that Schedule;
“Part 3 powers” means the powers set out in Part 3 of that Schedule;
F530“relevant offence” means—
- a
an offence under section 24(A1), (B1), (D1) or (E1), 24B, 25 or 25A,
- b
an offence under section 25B to the extent that the section continues to apply by virtue of regulation 5(7) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309),
- c
an offence under section 21 of the Immigration, Asylum and Nationality Act 2006, or
- d
an offence under section 1 of the Criminal Attempts Act 1981 or Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)), or in Scotland at common law, of attempting to commit an offence mentioned in paragraph (a) to (c);”, and
- a
“relevant territory” means—
- a
the Isle of Man;
- b
any of the Channel Islands;
- c
a British overseas territory;
- a
“Scottish constable” means only a person who is a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);
“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;
F531“ship” includes—
- a
every description of vessel (including a hovercraft), and
- b
any other structure (whether with or without means of propulsion) constructed or used to carry persons, goods, plant or machinery by water;
- a
“ship without nationality” means a ship which—
- a
is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or
- b
sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;
- a
“United Kingdom ship” means a ship which—
- a
is registered under Part 2 of the Merchant Shipping Act 1995,
- b
is a Government ship within the meaning of that Act,
- c
is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or
- d
is registered under an Order in Council under section 1 of the Hovercraft Act 1968.
- a
F530“United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea;
2
For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—
a
a British citizen, a British overseas territories citizen or a British Overseas citizen,
b
an individual who is habitually resident in the United Kingdom, or
c
a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
C101 Part IV Supplementary
Pt. 4 extended in part (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(c), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (29.6.2011) by S.I. 2011/1408, art. 1, Sch. paras. 1, 2(b); (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; and (11.11.2021) by S.I 2021/1277, arts. 1(2), 8)
C21329 Contributions for expenses of persons returning abroad.
F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Return of mental patients.
F1341
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 Expenses.
There shall be defrayed out of moneys provided by Parliament any expenses incurred F136by the Lord Chancellor under Schedule 5 to this Act or by a Secretary of State under or by virtue of this Act—
a
by way of administrative expenses F137. . .; or
b
in connection with the removal of any person from the United Kingdom under Schedule 2 or 3 to this Act or the departure with him of his dependants, or his or their maintenance pending departure; or
F138c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14031A Procedural requirements as to applications.
F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C96C169C21432 General provisions as to Orders in Council, etc.
1
Any power conferred by Part I of this Act to make an Order in Council or order (other than a deportation order) or to give any directions includes power to revoke or vary the Order in Council, order or directions.
2
Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of F142the Immigration Acts and to be signed by him or on his behalf, and any document purporting to be a certificate of the Secretary of State so given and to be signed by him F143or on his behalf, shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or issued by him.
3
Prima facie evidence of any such order, notice, direction or certificate as aforesaid may, in any legal proceedings or F144other proceedings under the Immigration Acts, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the order, notice, direction or certificate.
4
Where an order under section 8(2) above applies to persons specified in a schedule to the order, or any directions of the Secretary of State given for the purposes of F145the Immigration Acts apply to persons specified in a schedule to the directions, prima facie evidence of the provisions of the order or directions other than the schedule and of any entry contained in the schedule may, in any legal proceedings or F146other proceedings under the Immigration Acts, be given by the production of a document purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the said provisions and of the relevant entry.
5
F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C97C170C215C243C25333 Interpretation.
1
For purposes of this Act, except in so far as the context otherwise requires—
“aircraft” includes hovercraft, “airport” includes hoverport and “port” includes airport;
“captain” means master (of a ship) or commander (of an aircraft);
F148“certificate of entitlement” means a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom;
F149. . .
F150“Convention adoption” has the same meaning as in the M18Adoption Act 1976 and F287the Adoption and Children (Scotland) Act 2007F151or in the Adoption and Children Act 2002;
“crew”, in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and “member of the crew” shall be construed accordingly;
F152 “entrant” means a person entering or seeking to enter the United Kingdom and “illegal entrant” means a person—
- a
unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or
- b
entering or seeking to enter by means which include deception by another person,
and includes also a person who has entered as mentioned in paragraph (a) or (b) above;
- a
“entry clearance” means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence F153or the requisite evidence of a person’s eligibility, though not F154a British citizen, for entry into the United Kingdom (but does not include a work permit);
“immigration laws” means this Act and any law for purposes similar to this Act which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands;
“immigration rules” means the rules for the time being laid down as mentioned in section 3(2) above;
“the Islands” means the Channel Islands and the Isle of Man, and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together;
F533“justice of the peace”, in relation to Northern Ireland, means lay magistrate;
“legally adopted” means adopted in pursuance of an order made by any court in the United Kingdom and Islands F155, under a Convention adoption or by any adoption specified as an overseas adoption by order of the Secretary of State under F156section 4 of the M19Adoption Act 1968F157section 87 of the Adoption and Children Act 2002; F288or by regulations made by the Scottish Ministers under section 67(1) of the Adoption and Children (Scotland) Act 2007
“limited leave” and “indefinite leave” mean respectively leave under this Act to enter or remain in the United Kingdom which is, and one which is not, limited as to duration;
“settled” shall be construed in accordance F158with subsection (2A) below;
“ship” includes every description of vessel used in navigation;
F149. . .
F159“United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a dependent territory within the meaning of the M20British Nationality Act 1981;
“work permit” means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not F154a British citizen, for entry into the United Kingdom for the purpose of taking employment.
F1601A
A reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.
2
It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United Kingdom or in any of the Islands at a time when he is there in breach of the immigration laws.
F1612A
Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.
3
The ports of entry for purposes of this Act, and the ports of exit for purposes of any Order in Council under section 3(7) above, shall be such ports as may from time to time be designated for the purpose by order of the Secretary of State made by statutory instrument.
F1624
For the purposes of this Act, the question of whether an appeal is pending shall be determined F163in accordance with section 104 of the Nationality, Immigration and Asylum Act 2002 (pending appeals)
5
This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative.
34 Repeal, transitional and temporary.
1
Subject to the following provisions of this section, the enactments mentioned in Schedule 6 to this Act are hereby repealed, as from the coming into force of this Act, to the extent mentioned in column 3 of the Schedule; and—
a
this Act, as from its coming into force, shall apply in relation to entrants or others arriving in the United Kingdom at whatever date before or after it comes into force; and
b
after this Act comes into force anything done under or for the purposes of the former immigration laws shall have effect, in so far as any corresponding action could be taken under or for the purposes of this Act, as if done by way of action so taken, and in relation to anything so done this Act shall apply accordingly.
2
Without prejudice to the generality of subsection (1)(a) and (b) above, a person refused leave to land by virtue of the M21Aliens Restriction Act 1914 shall be treated as having been refused leave to enter under this Act, and a person given leave to land by virtue of that Act shall be treated as having been given leave to enter under this Act; and similarly with the M22Commonwealth Immigrants Acts 1962and 1968.
3
A person treated in accordance with subsection (2) above as having leave to enter the United Kingdom—
a
shall be treated as having an indefinite leave, if he is not at the coming into force of this Act subject to a condition limiting his stay in the United Kingdom; and
b
shall be treated, if he is then subject to such a condition, as having a limited leave of such duration, and subject to such conditions (capable of being attached to leave under this Act), as correspond to the conditions to which he is then subject, but not to conditions not capable of being so attached.
This subsection shall have effect in relation to any restriction or requirement imposed by Order in Council under the M23Aliens Restriction Act 1914 as if it had been imposed by way of a landing condition.
4
Notwithstanding anything in the foregoing provisions of this Act, the former immigration laws shall continue to apply, and this Act shall not apply,—
a
in relation to the making of deportation orders and matters connected therewith in any case where a decision to make the order has been notified to the person concerned before the coming into force of this Act;
b
in relation to removal from the United Kingdom and matters connected therewith (including detention pending removal or pending the giving of directions for removal) in any case where a person is to be removed in pursuance of a decision taken before the coming into force of this Act or in pursuance of a deportation order to the making of which paragraph (a) above applies;
c
in relation to appeals against any decision taken or other thing done under the former immigration laws, whether taken or done before the coming into force of this Act or by virtue of this subsection.
5
Subsection (1) above shall not be taken as empowering a court on appeal to recommend for deportation a person whom the court below could not recommend for deportation, or as affecting any right of appeal in respect of a recommendation for deportation made before this Act comes into force, or as enabling a notice given before this Act comes into force and not complying with section 6(2) to take the place of the notice required by section 6(2) to be given before a person is recommended for deportation.
F1646
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 Commencement, and interim provisions.
P11
Except as otherwise provided by this Act, Parts I to III of this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and references to the coming into force of this Act shall be construed as references to the beginning of the day so appointed.
2
Section 25 above, except section 25(2), and section 28 in its application to offences under section 25(1) shall come into force at the end of one month beginning with the date this Act is passed.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F165
C99C195C222C30136 Power to extend to Islands. C98
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the Islands; and any Order in Council under this subsection may be varied or revoked by a further Order in Council.
C100C171C21637 Short title and extent.
1
This Act may be cited as the Immigration Act 1971.
2
It is hereby declared that this Act extends to Northern Ireland, and (without prejudice to any provision of Schedule 1 to this Act as to the extent of that Schedule) where an enactment repealed by this Act extends outside the United Kingdom, the repeal shall be of like extent.
SCHEDULES
F166SCHEDULE 1
Sch. 1 repealed (1.1.1983) by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 9 (with Sch. 8 para. 8); S.I. 1982/933, art. 2 [Editorial note: According to the Chronological Table of the Statutes (1951-1987) (HMSO, 1989) there were no amendments made to Sch. 1 between the date of Royal Assent and its substitution on 1.1.1983 and therefore the text of Sch. 1 as in force immediately before the commencement of the British Nationality Act 1981 is the same as that of the Original (As enacted) Version of this Schedule.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C137C138C139C184C208C211C210C217C254C244C288C287C286 SCHEDULE 2 Administrative Provisions as to Control on Entry etc.
Sch. 2 modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(b); S.I. 1991/1072, art. 2, Sch. Pt.I
Sch. 2 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(11) (as amended: (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11; (30.7.2000) by S.I. 2000/1775, arts. 1, 2(2); (25.5.2001) by S.I. 2001/1544, arts. 1(2), 6(3) (as itself amended (2.1.2008) by S.I. 2007/3579, art. 2(2)(3)); (5.8.2014) by S.I. 2014/1814, arts. 1, 2(3)(4); and (30.9.2020) by S.I. 2020/915, arts. 1(2), 5(5))
Sch. 2 extended (with modifications): (Guernsey) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1; (Jersey) (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Sch. 2 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)
Sch. 2 amended (2.10.2000) by 1999 c. 33, s. 66; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 2 extended (10.2.2003) (with modifications) by 2002 c. 41, s. 62(3) (with s. 159); S.I. 2003/1, art. 2, Sch.
Sch. 2 amended (1.4.2003) by 2002 c. 41, s. 68 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2) (as amended by S.I. 2003/1040 and S.I. 2003/1339)
Sch. 2 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(4) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(c))
Sch. 2 applied in part (with modifications) by S.I. 2006/1003, reg. 29AA(6)(7) (as inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 8 (with reg. 4))
Sch. 2 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 40(7), 41(7)
Sch. 2 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 55(7)(b) (with reg. 3)
Sch. 2 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 21(8)(b) (with reg. 3)
Schs. 2-4: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)
Sch. 2 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
Sch. 2 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)
Sch. 2 modified (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 13(2)
Sch. 2 modified (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 7
Sch. 2 applied (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 16(1)(4)
C134C184C208C209C288C287C286 Part I General Provisions
Sch. 2 Pt. I applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 2 Pt. I amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 2 Pt. I applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))
Sch. 2 Pt. I applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 40(4)
Immigration officers and medical inspectors
1
1
Immigration officers for the purposes of this Act shall be appointed by the Secretary of State, and he may arrange with the Commissioners of Customs and Excise for the employment of officers of customs and excise as immigration officers under this Act.
C1022
Medical inspectors for the purposes of this Act may be appointed by the Secretary of State or, in Northern Ireland, by the Minister of Health and Social Services or other appropriate Minister of the Government of Northern Ireland in pursuance of arrangements made between that Minister and the Secretary of State, and shall be fully qualified medical practitioners.
F1672A
The Secretary of State may direct that his function of appointing medical inspectors under sub-paragraph (2) is also to be exercisable by such persons specified in the direction who exercise functions relating to health in England or Wales.
C1033
In the exercise of their functions under this Act immigration officers shall act in accordance with such instructions (not inconsistent with the immigration rules) as may be given them by the Secretary of State, and medical inspectors shall act in accordance with such instructions as may be given them by the Secretary of State or, in Northern Ireland, as may be given in pursuance of the arrangements mentioned in sub-paragraph (2) above by the Minister making appointments of medical inspectors in Northern Ireland.
4
An immigration officer or medical inspector may board any ship F168or aircraft for the purpose of exercising his functions under this Act.
5
An immigration officer, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 below, may search any ship F168or aircraft and anything on board it, or any vehicle F534or container taken off a ship or aircraft on which it has been brought to the United Kingdom.
F5356
For the purposes of searching a container under sub-paragraph (5), an immigration officer may direct any person who has control of the container to deliver the container to a place specified by the immigration officer.
7
In this paragraph, “container” has the same meaning as in the Customs and Excise Management Act 1979 (see section 1(1) of that Act).
Examination by immigration officers, and medical examination
C104C1052
1
An immigration officer may examine any persons F579within sub-paragraph (1A) arrived in the United Kingdom by ship F169or aircraft (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) for the purpose of determining—
a
whether any of them is or is not F170a British citizen; and
b
whether, if he is not, he may or may not enter the United Kingdom without leave; and
F171c
whether, if he may not—
i
he has been given leave which is still in force,
ii
he should be given leave and for what period or on what conditions (if any), or
iii
he should be refused leaveF371; and
d
whether, if he has been given leave which is still in force, his leave should be curtailed.
F5801A
The persons are—
a
any person who has arrived in the United Kingdom by ship or aircraft (including transit passengers, members of the crew and others not seeking to enter the United Kingdom);
b
any person who has arrived in United Kingdom waters by ship or aircraft who the immigration officer has reason to believe is an offshore worker.
1B
In sub-paragraph (1A), “offshore worker” and “United Kingdom waters” have the same meaning as in section 11A.
2
Any such person, if he is seeking to enter the United Kingdom, may be examined also by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
3
A person, on being examined under this paragraph by an immigration officer or medical inspector, may be required in writing by him to submit to further examination; but a requirement under this sub-paragraph shall not prevent a person who arrives as a transit passenger, or as a member of the crew of a ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.
F177 Examination of persons who arrive with continuing leave
Heading inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 57; S.I. 2000/168, art. 2, Sch
C106F1722A
1
This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.
2
He may be examined by an immigration officer for the purpose of establishing—
a
whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;
b
whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or
c
whether there are medical grounds on which that leave should be cancelled.
F1732A
Where the person’s leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance.
3
He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.
4
He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
5
A person examined under this paragraph may be required by the officer or inspector to submit to further examination.
6
A requirement under sub-paragraph (5) does not prevent a person who arrives—
a
as a transit passenger,
b
as a member of the crew of a ship or aircraft, or
c
for the purpose of joining a ship or aircraft as a member of the crew,
from leaving by his intended ship or aircraft.
7
An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.
8
An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.
F4139
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.
C1073
1
An immigration officer F299or designated person may examine any person who is embarking or seeking to embark in the United Kingdom F174. . .for the purpose of determining whether he is F175a British citizenF176and, 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.
F3001A
If a person is examined under sub-paragraph (1) (whether by an immigration officer or designated person), an immigration officer may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified in that sub-paragraph.
2
So long as any Order in Council is in force under section 3(7) of this Act, an immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom F174. . . for the purpose of determining—
a
whether any of the provisions of the Order apply to him; and
b
whether, if so, any power conferred by the Order should be exercised in relation to him and in what way.
Information and documents
C1084
1
2
A person on his examination under paragraph 2 F178, 2A or 3 above by an immigration officer F302, or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer or designated person —
a
produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and
b
In paragraph (b), “relevant description” means any description appearing to F305the immigration officer or designated person to be relevant for the purposes of the examination.
2A
F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying F181, or has carried or conveyed, documents of any description,
F182a
he and any baggage or vehicle belonging to him or under his control; and
b
any ship, aircraft or vehicle in which he arrived in the United Kingdom,
F1844
Where a passport or other document is F307produced to or found by an immigration officer in accordance with this paragraph F308, the 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.
F3274A
Where a passport or other document is produced to a designated person in accordance with this paragraph, the designated person—
a
may examine it and detain it; and
b
must deliver any detained passport or document to an immigration officer as soon as reasonably practicable.
4B
If a passport or document is delivered to an immigration officer in accordance with sub-paragraph (4A)(b), sub-paragraph (4) applies as if the immigration officer had detained the document (and, accordingly, the immigration officer may continue to detain it in accordance with sub-paragraph (4)(a), (b) or (c)).
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 examinationF309, or any immigration officer or designated person, may require the person being examined to provide F310biometric information (whether or not by submitting to a process by means of which information is obtained or recorded) F311....
F3126
Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.
F3137
A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless—
a
the decision to require P to provide the information has been confirmed by a chief immigration officer, and
b
the information is provided in the presence of a person of full age who is—
i
P's parent or guardian, or
ii
a person who for the time being takes responsibility for P.
8
The person mentioned in sub-paragraph (7)(b)(ii) may not be—
a
a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or
b
an officer of the Secretary of State who is not such a person.
9
Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.
C1095
The Secretary of State may by order made by statutory instrument make provision for F314requiring—
a
passengers disembarking or embarking in the United Kingdom, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation F315cards, and
b
passengers embarking in the United Kingdom, or any class of such passengers, to produce to a designated person, if so required, embarkation cards,
in such form as the Secretary of State may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers.
F290Designated persons
Sch. 2 para. 5A and cross-heading inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 5; S.I. 2014/1820, art. 3(bb)
5A
1
In this Schedule “designated person” means a person designated by the Secretary of State for the purposes of this Schedule.
2
A designation under this paragraph is subject to such limitations as may be specified in the designation.
3
A limitation under sub-paragraph (2) may, in particular, relate to the functions that are exercisable by virtue of the designation (and, accordingly, the exercise of functions under this Schedule by a designated person is subject to any such limitations specified in the person's designation).
4
A designation under this paragraph—
a
may be permanent or for a specified period,
b
may (in either case) be withdrawn, and
c
may be varied.
5
The power to designate, or to withdraw or vary a designation, is exercised by the Secretary of State giving notice to the person in question.
6
The Secretary of State may designate a person under this paragraph only if the Secretary of State is satisfied that the person—
a
is capable of effectively carrying out the functions that are exercisable by virtue of the designation,
b
has received adequate training in respect of the exercise of those functions, and
c
is otherwise a suitable person to exercise those functions.
F291Directions to carriers and operators of ports etc
Sch. 2 para. 5B and cross-heading inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 6; S.I. 2014/1820, art. 3(bb)
5B
1
The Secretary of State may direct—
a
an owner or agent of a ship or aircraft, or
b
a person concerned in the management of a port,
to make arrangements for designated persons to exercise a specified function, or a function of a specified description, in relation to persons of a specified description.
2
A direction under this paragraph must specify—
a
the port where, and
b
the date (or dates) and time (or times) when,
a function is to be exercised under the arrangements.
3
A direction under this paragraph must be in writing.
4
A direction under this paragraph may specify a description of persons by reference, in particular, to—
a
the destination to which persons are travelling;
b
the route by which persons are travelling;
c
the date and time when the persons are travelling.
5
In this paragraph—
“function” means a function under this Schedule;
“specified” means specified in a direction under this paragraph.
Notice of leave to enter or of refusal of leave
6
1
Subject to sub-paragraph (3) below, where a person examined by an immigration officer under paragraph 2 above is to be given a limited leave to enter the United Kingdom or is to be refused leave, the notice giving or refusing leave shall be given not later than F185twenty-four hours after the conclusion of his examination (including any further examination) in pursuance of that paragraph; and if notice giving or refusing leave is not given him before the end of those F185twenty-four hours, he shall (if not F186a British citizen) be deemed to have been given F185leave to enter the United Kingdom for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.
C194C203C2692
Where on a person’s examination under paragraph 2 above he is given notice of leave to enter the United Kingdom, then at any time before the end of F187twenty-four hours from the conclusion of the examination he may be given a further notice in writing by an immigration officer cancelling the earlier notice and refusing him leave to enter.
C1103
Where in accordance with this paragraph a person is given notice refusing him leave to enter the United Kingdom, that notice may at any time be cancelled by notice in writing given him by an immigration officer; and where a person is given a notice of cancellation under this sub-paragraph, F188and the immigration officer does not at the same time give him indefinite or limited leave to enter F189or require him to submit to further examination, he shall be deemed to have been given leave to enter for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.
C1104
Where an entrant is a member of a party in charge of a person appearing to the immigration officer to be a responsible person, any notice to be given in relation to that entrant in accordance with this paragraph shall be duly given if delivered to the person in charge of the party.
F191 Power to require medical examination after entry
Heading substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 59; S.I. 2000/168, art. 2, Sch
C111F1907
C1121
This paragraph applies if an immigration officer examining a person under paragraph 2 decides—
a
that he may be given leave to enter the United Kingdom; but
b
that a further medical test or examination may be required in the interests of public health.
2
This paragraph also applies if an immigration officer examining a person under paragraph 2A decides—
a
that his leave to enter the United Kingdom should not be cancelled; but
b
that a further medical test or examination may be required in the interests of public health.
C1123
The immigration officer may give the person concerned notice in writing requiring him—
a
to report his arrival to such medical officer of health as may be specified in the notice; and
b
to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require.
C1124
In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of—
a
a medical inspector; or
b
if no medical inspector is available, a fully qualified medical practitioner.
Removal of persons refused leave to enter and illegal entrants
C113C2328
1
Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below—
a
give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or
b
give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
c
give those owners or agents F192. . .directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—
i
a country of which he is a national or citizen; or
ii
a country or territory in which he has obtained a passport or other document of identity; or
iii
a country or territory in which he embarked for the United Kingdom; or
iv
a country or territory to which there is reason to believe that he will be admitted.
C114C1152
No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter the United Kingdom F193(ignoring any period during which an appeal by him under the Immigration Acts is pending)F194except that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person.
C1169
F1951
Where an illegal entrant is not given leave to enter or remain in the United Kingdom, an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1).
F1962
Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.
C117C22610
1
Where it appears to the Secretary of State either—
a
that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or
b
that directions might have been given in respect of a person under paragraph 8 above F197but that the requirements of paragraph 8(2) have not been complied with;
then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(c).
2
Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).
3
The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.
C231F19810A
Where directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.
C118C23011
A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer F331or the Secretary of State, on board any ship or aircraft in which he is to be removed in accordance with the directions.
Seamen and aircrews
C11912
1
If, on a person’s examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he has come to the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew, then the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom by requiring him to leave the United Kingdom in a ship or aircraft specified or indicated by the notice giving leave.
2
Where a person (not being F199a British citizen) arrives in the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew and, having been given leave to enter as mentioned in sub-paragraph (1) above, remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so, an immigration officer may—
a
give the captain of that ship or aircraft directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or
b
give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
c
give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—
i
a country of which he is a national or citizen; or
ii
a country or territory in which he has obtained a passport or other document of identity; or
iii
a country or territory in which he embarked for the United Kingdom; or
iv
a country or territory where he was engaged as a member of the crew of the ship or aircraft which he arrived in the United Kingdom to join; or
v
a country or territory to which there is reason to believe that he will be admitted.
C12013
1
Where a person being a member of the crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom—
a
in the manner authorised by paragraph 12(1) above; or
b
if that person is to be allowed to enter the United Kingdom in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave the United Kingdom in accordance with arrangements to be made for his repatriation; or
c
by requiring him to leave the United Kingdom within a specified period in accordance with arrangements to be made for his repatriation.
2
Where a person (not being F200a British citizen) arrives in the United Kingdom as a member of the crew of a ship or aircraft, and either—
A
having lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an immigration officer of intending to do so; or
B
having been given leave limited as mentioned in subparagraph (1) above, he remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so;
an immigration officer may—
a
give the captain of the ship or aircraft in which he arrived directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or
b
give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
c
give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—
i
a country of which he is a national or citizen; or
ii
a country or territory in which he has obtained a passport or other document of identity; or
iii
a country in which he embarked for the United Kingdom; or
iv
a country or territory in which he was engaged as a member of the crew of the ship or aircraft in which he arrived in the United Kingdom; or
v
a country or territory to which there is reason to believe that he will be admitted.
C12114
1
Where it appears to the Secretary of State that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not practicable for them to be given or that, if given, they would be ineffective, then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c).
2
Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).
3
The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.
15
A person in respect of whom directions are given under any of paragraphs 12 to 14 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.
F357Search of premises in connection with removal
Sch. 2 para. 15A inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(3), 94(1); S.I. 2016/603, reg. 3(g)
15A
1
This paragraph applies if—
a
an immigration officer is lawfully on any premises, and
b
a person who is liable to be detained under paragraph 16(2) is on the premises.
2
The immigration officer may search the premises for documents which—
a
relate to the person, and
b
may be evidence for a ground on which the person's leave to enter or remain in the United Kingdom may be curtailed.
3
The power may be exercised—
a
only if the immigration officer has reasonable grounds for believing there are documents within sub-paragraph (2) on the premises, and
b
only to the extent that it is reasonably required for the purpose of discovering such documents.
4
An immigration officer searching premises under this paragraph may seize any document the officer finds which the officer has reasonable grounds for believing is a document within sub-paragraph (2).
5
Sub-paragraph (6) applies where—
a
an immigration officer is searching premises under this paragraph, and
b
any document the officer has reasonable grounds for believing is a document within sub-paragraph (2) is stored in any electronic form and is accessible from the premises.
6
The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
7
If a requirement under sub-paragraph (6) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the immigration officer may seize the device or medium on which it is stored.
8
But sub-paragraphs (4) to (7) do not apply to a document which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.
9
An immigration officer may retain a document seized under this paragraph while—
a
the person to whom the document relates is liable to be detained under paragraph 16(2), and
b
the document falls within sub-paragraph (2)(b).
10
But a document may not be retained for the purpose mentioned in sub-paragraph (9) if a photograph or copy would be sufficient for that purpose.
Detention of persons liable to examination or removal
C122C123C22916
C2181
A person who may be required to submit to examination under paragraph 2 above may be detained under the authority of an immigration officer pending his examination and pending a decision to give or refuse him leave to enter.
F2011A
A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending—
a
completion of his examination under that paragraph; and
b
a decision on whether to cancel his leave to enter.
F2021B
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.
C187F2032
If there are reasonable grounds for suspecting that a person is someone in respect of whom directions may be given under any of paragraphs F2048 to 10A or 12 to 14, that person may be detained under the authority of an immigration officer pending—
a
a decision whether or not to give such directions;
b
his removal in pursuance of such directions.
C187F3042A
But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.
F3722B
The detention under sub-paragraph (2) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
F5872C
A person may be detained under the authority of an immigration officer—
a
if the immigration officer suspects that the person meets the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom), pending a decision as to whether the conditions are met;
b
if the immigration officer suspects that the Secretary of State has a duty to make arrangements for the removal of the person from the United Kingdom under that section, pending a decision as to whether the duty applies;
c
if the Secretary of State has such a duty, pending the person’s removal from the United Kingdom in accordance with that section;
d
if the person meets those four conditions but the Secretary of State does not have such a duty by virtue of subsection (1) of section 4 of that Act—
i
pending a decision to give limited leave to enter or remain under the immigration rules to the person for the purposes of that subsection,
ii
pending a decision to give leave under section 8AA of the Immigration Act 1971 (discretionary leave for persons generally ineligible for leave etc),
iii
pending a decision to give leave under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking), or
iv
pending a decision to remove the person under subsection (2) of section 4 of the Illegal Migration Act 2023 (power to remove unaccompanied children), and pending their removal in accordance with that subsection.
2D
But if the immigration officer is satisfied that a woman being detained under sub-paragraph (2C) is pregnant, then the woman may not be detained under that sub-paragraph for a period of—
a
more than 72 hours from the relevant time, or
b
more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
2E
2F
Where a woman being detained under sub-paragraph (2C) has previously been detained under section 62(2A) of the Nationality, Immigration and Asylum Act 2002 and has not been released in between, the definition of “the relevant time” in sub-paragraph (2G) is to be read as if paragraph (b) referred to the time when the woman was first detained under sub-paragraph (2C) or section 62(2A) of that Act.
2G
2H
The powers in sub-paragraph (2C) may be exercised in respect of an unaccompanied child only in the circumstances specified in regulations made by the Secretary of State.
2I
2J
Regulations under sub-paragraph (2H) may confer a discretion on the Secretary of State or an immigration officer.
2K
a
may make different provision for different purposes;
b
may make consequential, supplementary, incidental, transitional or saving provision;
c
must be made by statutory instrument.
2L
A person who may be detained under sub-paragraph (2C) may no longer be detained under sub-paragraph (1), (1A), (1B), (2), (3) or (4).
2M
A person (of any age) detained under sub-paragraph (2C) may be detained in any place that the Secretary of State considers appropriate.
2N
2P
C1873
A person on board a ship or aircraft may, under the authority of an immigration officer, be removed from the ship or aircraft for detention under this paragraph; but if an immigration officer so requires the captain of a ship or aircraft shall prevent from disembarking in the United Kingdom any person who has arrived in the United Kingdom in the ship or aircraft and been refused leave to enter, and the captain may for that purpose detain him in custody on board the ship or aircraft.
C1874
The captain of a ship or aircraft, if so required by an immigration officer, shall prevent from disembarking in the United Kingdom or before the directions for his removal have been fulfilled any person placed on board the ship or aircraft under paragraph 11 or 15 above, and the captain may for that purpose detain him in custody on board the ship or aircraft.
F2054A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5915
See paragraph 17A for further provision about the period for which persons may be detained under this paragraph.
C124C125C126C188C209C204C228C31217
C1271
A person liable to be detained under paragraph 16 above may be arrested without warrant by a constable or by an immigration officer.
2
If—
a
a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person liable to be arrested under this paragraph is to be found on any premises; or
b
in Scotland, a sheriff, or a F206. . . justice of the peace, having jurisdiction in the place where the premises are situated is by evidence on oath so satisfied;
F2093
Sub-paragraph (4) applies where an immigration officer or constable—
a
enters premises in reliance on a warrant under sub-paragraph (2), and
b
detains a person on the premises.
4
A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search.
5
In sub-paragraph (4)—
“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and
“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).
F59017A
1
A person liable to be detained under paragraph 16 may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the examination or removal to be carried out, the decision to be made, or the directions to be given.
2
Sub-paragraphs (1) to (2), (2C), (3) and (4) of paragraph 16 apply regardless of whether there is anything that for the time being prevents the examination or removal from being carried out, the decision from being made, or the directions from being given.
3
a
paragraph 16(1B) (power to detain for examination for period not exceeding 12 hours);
b
paragraph 16(2A) and paragraph 18B (limitation on detention of unaccompanied children);
c
paragraph 16(2B) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women);
4
Sub-paragraph (5) applies if, while a person is detained under paragraph 16, the Secretary of State no longer considers that the examination or removal will be carried out, the decision will be made, or the directions will be given within a reasonable period of time.
5
The person may be detained under paragraph 16 for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.
6
In the application of this paragraph in relation to detention under paragraph 16(3), references to “the removal” are to—
a
the removal of the person from the ship or aircraft on which the person is detained so that the person may be detained under paragraph 16, or
b
the removal of the person from the United Kingdom in that ship or aircraft.
7
In the application of this paragraph in relation to detention under paragraph 16(4), references to “the removal” are to the removal of the person from the United Kingdom in the ship or aircraft on which the person is detained.
C128C129C130C227C31218
1
Persons may be detained under paragraph 16 above in such places as the Secretary of State may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft).
F3161A
But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.
2
Where a person is detained F319or liable to be detained under paragraph 16, any immigration officer, constable or prison officer, or any other person authorised by the Secretary of State, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him.
F2102A
The power conferred by sub-paragraph (2) includes power to take F318biometric information (within the meaning given by section 15 of the UK Borders Act 2007).
F3172B
Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5).
3
Any person detained under paragraph 16 may be taken in the custody of a constable, F320an immigration officer, or any person acting under the authority of an immigration officer, to and from any place where his attendance is required for the purpose of ascertaining his citizenship or nationality or of making arrangements for his admission to a country or territory other than the United Kingdom, or where he is required to be for any other purpose connected with the operation of this Act.
4
A person shall be deemed to be in legal custody at any time when he is detained under paragraph 16 or is being removed in pursuance of sub-paragraph (3) above.
C189C208C209C205C225C312F29218A
1
An immigration officer or constable may search a person (“P”) who is detained under paragraph 16 for anything which P might use—
a
to cause physical injury to P or others, or
b
to assist P's escape from legal custody.
2
The power to search P—
a
unless sub-paragraph (3) applies, does not include power to require P to remove any clothing other than an outer coat, jacket or glove, but
b
includes power to require P to open P's mouth.
3
This sub-paragraph applies if an immigration officer or constable has reasonable grounds to believe that there is concealed on P anything which P might use as mentioned in sub-paragraph (1).
4
The power to search P may be exercised only to the extent reasonably required for the purpose of discovering anything which P might use as mentioned in sub-paragraph (1).
5
An intimate search (as defined in section 28H(11)) may not be conducted under this paragraph.
6
An immigration officer or constable may seize and retain anything found on a search of P if the officer or constable has reasonable grounds to believe P might use it as mentioned in sub-paragraph (1).
7
Nothing seized under sub-paragraph (6) may be retained when P is released from detention under paragraph 16.
C190F29318B
1
Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where—
a
the child is being transferred to or from a short-term holding facility, or
b
sub-paragraph (3) of paragraph 18 applies.
2
An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met.
3
The first condition is that—
a
directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or
b
a decision on whether or not to give directions is likely to result in such directions.
4
The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions.
5
An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended.
6
An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph.
7
In this paragraph—
“relevant 24 hour period”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the child was detained (or, in a case falling within sub-paragraph (5), first detained) in a short-term holding facility;
“short-term holding facility” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;
“unaccompanied child” means a person—
- a
who is under the age of 18, and
- b
who is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.
- a
C131C19119
1
Where a person is refused leave to enter the United Kingdom and directions are given in respect of him under paragraph 8 or 10 above, then subject to the provisions of this paragraph the owners or agents of the ship or aircraft in which he arrived F211. . . shall be liable to pay the Secretary of State on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person F212for any period (not exceeding 14 days) after his arrival while he was detained or liable to be detained under paragraph 16 above.
2
Sub-paragraph (1) above shall not apply to expenses in respect of a person who, when he arrived in the United Kingdom, held a F213certificate of entitlement or a current entry clearance or was the person named in a current work permit; and for this purpose a document purporting to be a F213certificate of entitlement, entry clearance or work permit is to be regarded as being one unless its falsity is reasonably apparent.
3
If, before the directions for a person’s removal under paragraph 8 or 10 above have been carried out, he is given leave to enter the United Kingdom, or if he is afterwards given that leave in consequence of the determination in his favour of an appeal under this Act (being an appeal against a refusal of leave to enter by virtue of which the directions were given), or it is determined on an appeal under this Act that he does not require leave to enter (being an appeal occasioned by such a refusal), no sum shall be demanded under subparagraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded.
4
Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of an appeal under this Act, have ceased to have effect or are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending an appeal by him under this Act.
C19220
C1321
Subject to the provisions of this paragraph, in either of the following cases, that is to say,—
a
where directions are given in respect of an illegal entrant under paragraph 9 or 10 above; and
b
where a person has lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under paragraph 14;
the owners or agents of the ship or aircraft in which he arrived in the United Kingdom F214. . . shall be liable to pay the Secretary of State on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person F215for any period (not exceeding 14 days) after his arrival while he was detained or liable to be detained under paragraph 16 above.
F2161A
Sub-paragraph (1) above shall not apply to expenses in respect of an illegal entrant if he obtained leave to enter by deception and the leave has not been cancelled under paragraph 6(2) above.
2
If, before the directions for a person’s removal from the United Kingdom have been carried out, he is given leave to remain in the United Kingdom, no sum shall be demanded under sub-paragraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded.
3
Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of an appeal under this Act, are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending an appeal by him under this Act.
Temporary admission or release of persons liable to detention
F44221
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44222
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44223
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44224
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44225
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F218 Entry and search of premises
Heading inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch
C193C221F21725A
1
This paragraph applies if—
a
a person is arrested under this Schedule; or
b
a person who was arrested F321other than under this Schedule is detained by an immigration officer under this Schedule.
2
An immigration officer may enter and search any premises—
a
occupied or controlled by the arrested person, or
b
in which that person was when he was arrested, or immediately before he was arrested,
for relevant documents.
3
The power may be exercised—
a
only if the officer has reasonable grounds for believing that there are relevant documents on the premises;
b
only to the extent that it is reasonably required for the purpose of discovering relevant documents; and
c
subject to sub-paragraph (4), only if a senior officer has authorised its exercise in writing.
4
An immigration officer may conduct a search under sub-paragraph (2)—
a
before taking the arrested person to a place where he is to be detained; and
b
without obtaining an authorisation under sub-paragraph (3)(c),
if the presence of that person at a place other than one where he is to be detained is necessary to make an effective search for any relevant documents.
5
An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable.
6
The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of—
a
the grounds for the search; and
b
the nature of the documents that were sought.
F3226A
If, on an application made by an immigration officer, a justice of the peace is satisfied that—
a
there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are F414mentioned in sub-paragraph (6AA) , and
b
any of the conditions in sub-paragraph (6B) is met, F415in relation to each set of premises specified in the application,
the justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.
F4166AA
The premises referred to in sub-paragraph (6A) above are—
a
one or more sets of premises specified in the application, or
b
subject to sub-paragraph (6BA), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).
6AB
If the application is for an all premises warrant, the justice of the peace must also be satisfied—
a
that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the relevant documents, and
b
that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.
6AC
Subject to sub-paragraph (6BA), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.
6AD
If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.
6B
The conditions F417mentioned in sub-paragraph (6A)(b) are that—
a
it is not practicable to communicate with any person entitled to grant entry to the premises;
b
it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the relevant documents;
c
entry to the premises will not be granted unless a warrant is produced;
d
the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.
F4186BA
A justice of the peace in Scotland may not issue—
a
an all premises warrant under this paragraph, or
b
a warrant under this paragraph authorising multiple entries.
6C
In the application of F419sub-paragraphs (6A) to (6BA) to Scotland, references to a justice of the peace are to be treated as references to the sheriff or a justice of the peace.
7
An officer searching premises under F323this paragraph —
a
F325b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3737A
Sub-paragraph (7B) applies where—
a
an officer is searching premises under this paragraph, and
b
any document the officer has reasonable grounds for believing is a relevant document is stored in any electronic form and is accessible from the premises.
7B
The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
7C
If a requirement under sub-paragraph (7B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.
8
But F374sub-paragraph (7)(a) does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.
F3268A
An immigration officer may retain a document seized under F375this paragraph while the officer has reasonable grounds for believing that—
a
the arrested person may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
b
retention of the document may facilitate the person's removal.
9
“Relevant documents” means any documents which might—
a
establish the arrested person’s identity, nationality or citizenship; or
b
indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.
10
“Senior officer” means an immigration officer not below the rank of chief immigration officer.
F220 Searching persons arrested by immigration officers
Heading inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch
C193C221F21925B
1
This paragraph applies if a person is arrested under this Schedule.
2
An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
3
The officer may search the arrested person for—
a
anything which he might use to assist his escape from lawful custody; or
b
any document which might—
i
establish his identity, nationality or citizenship; or
ii
indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.
4
The power conferred by sub-paragraph (3) may be exercised—
a
only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and
b
only to the extent that it is reasonably required for the purpose of discovering any such thing.
5
A power conferred by this paragraph to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.
6
An officer searching a person under sub-paragraph (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to another person.
7
An officer searching a person under sub-paragraph (3)(a) may seize and retain anything he finds, if he has reasonable grounds for believing that he might use it to assist his escape from lawful custody.
8
An officer searching a person under sub-paragraph (3)(b) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it might be a document falling within that sub-paragraph.
F3768A
Sub-paragraph (8B) applies where—
a
an officer is searching a person under this paragraph, and
b
any document the officer has reasonable grounds for believing is a document within sub-paragraph (3)(b) is stored in any electronic form on a device or medium found on the person.
8B
The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
8C
If a requirement under sub-paragraph (8B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.
8D
Sub-paragraphs (8B) and (8C) do not apply to a document which the officer has reasonable grounds for believing is an item subject to legal privilege.
9
Nothing seized under sub-paragraph (6) or (7) may be retained when the person from whom it was seized—
a
is no longer in custody, or
b
is in the custody of a court but has been released on bail.
F222 Searching persons in police custody
Heading inserted (14.2.2000) by 1999 c. 33, s. 135(2); S.I. 2000/168, art. 2, Sch
C193C221F22125C
1
This paragraph applies if a person—
a
has been arrested under this Schedule; and
b
is in custody at a police station.
2
An immigration officer may, at any time, search the arrested person in order to ascertain whether he has with him—
a
anything which he might use to—
i
cause physical injury to himself or others;
ii
damage property;
iii
interfere with evidence; or
iv
assist his escape; or
b
any document which might—
i
establish his identity, nationality or citizenship; or
ii
indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.
3
The power may be exercised only to the extent that the officer considers it to be necessary for the purpose of discovering anything of a kind mentioned in sub-paragraph (2).
4
An officer searching a person under this paragraph may seize and retain anything he finds, if he has reasonable grounds for believing that—
a
that person might use it for one or more of the purposes mentioned in sub-paragraph (2)(a); or
b
it might be a document falling within sub-paragraph (2)(b).
5
But the officer may not retain anything seized under sub-paragraph (2)(a)—
a
for longer than is necessary in view of the purpose for which the search was carried out; or
b
when the person from whom it was seized is no longer in custody or is in the custody of a court but has been released on bail.
6
The person from whom something is seized must be told the reason for the seizure unless he is—
a
violent or appears likely to become violent; or
b
incapable of understanding what is said to him.
7
An intimate search may not be conducted under this paragraph.
8
The person carrying out a search under this paragraph must be of the same sex as the person searched.
9
“Intimate search” has the same meaning as in section 28H(11).
F424Entry of premises to search for driving licence
Sch. 2 paras. 25CA-25CC and cross-headings inserted (31.7.2017 for specified purposes) by Immigration Act 2016 (c. 19), ss. 43(2), 94(1) (with s. 43(5)); S.I. 2017/799, reg. 2
25CA
1
An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person—
a
is in possession of a driving licence, and
b
is not lawfully resident in the United Kingdom.
2
The authorised officer may enter and search any premises—
a
occupied or controlled by the person, or
b
in which the person was when the person was encountered by the officer,
for the driving licence.
3
The power conferred by sub-paragraph (2) may be exercised—
a
only if the authorised officer has reasonable grounds for believing that the driving licence is on the premises,
b
only to the extent that it is reasonably required for the purpose of discovering the driving licence, and
c
unless the authorised officer is a constable, only if a senior officer has authorised its exercise in writing.
4
Sub-paragraph (3)(c) does not apply where it is not reasonably practicable for the authorised officer to obtain the authorisation of a senior officer before exercising the power.
5
An authorised officer who has conducted a search in reliance on sub-paragraph (4) must inform a senior officer as soon as is practicable.
6
The senior officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of the grounds for the search.
7
In this paragraph and paragraphs 25CB and 25CC—
“authorised officer” means—
- a
an immigration officer,
- b
a constable, or
- c
a person of a kind authorised for the purposes of this paragraph and paragraphs 25CB and 25CC by the Secretary of State;
- a
“driving licence”—
- a
means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part II of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), and
- b
includes a licence of that kind which has been revoked;
- a
“senior officer” means—
- a
in relation to an authorised officer who is an immigration officer, an immigration officer not below the rank of chief immigration officer;
- b
in relation to an authorised officer other than an immigration officer, a person of a kind designated by the Secretary of State for the purposes of this paragraph in relation to an authorised officer of that kind.
- a
8
For the purposes of this paragraph and paragraphs 25CB and 25CC a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.
Searching persons for driving licences
25CB
1
An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person—
a
is in possession of a driving licence, and
b
is not lawfully resident in the United Kingdom.
2
The authorised officer may search the person for the driving licence.
3
The power conferred by sub-paragraph (2) may be exercised—
a
only if the authorised officer has reasonable grounds for believing that the driving licence may be concealed on the person, and
b
only to the extent that it is reasonably required for the purpose of discovering the driving licence.
4
An intimate search may not be carried out under sub-paragraph (2).
5
In sub-paragraph (4) “intimate search” has the same meaning as in section 28H(11).
Seizure and retention of driving licence
25CC
1
If an authorised officer who is exercising a power to search a person or premises finds a driving licence to which this sub-paragraph applies in the course of the search, the officer may seize and retain the licence.
2
Sub-paragraph (1) applies to a driving licence if—
a
the authorised officer finds the licence in the possession of a person who the authorised officer has reasonable grounds for believing is not lawfully resident in the United Kingdom, or
b
the authorised officer has reasonable grounds for believing that the holder of the licence is not lawfully resident in the United Kingdom.
3
A driving licence seized under sub-paragraph (1) must, as soon as practicable, be given to—
a
the Secretary of State, in the case of a licence granted by the Secretary of State, or
b
the Department for Infrastructure for Northern Ireland, in the case of a licence granted by the Department.
4
A person who is in possession of a driving licence by virtue of sub-paragraph (3) must retain it if—
a
it has not been revoked,
b
it has been revoked but the time limit for an appeal against revocation of the licence has not expired, or
c
it has been revoked, such an appeal has been brought but the appeal has not been determined.
5
A driving licence which is required to be retained under sub-paragraph (4) must be retained—
a
until a decision is taken not to revoke it, or
b
if it has been or is subsequently revoked—
i
until the time limit for an appeal against revocation of the licence expires without an appeal being brought, or
ii
until such an appeal is determined.
6
A driving licence which is in the possession of a person by virtue of sub-paragraph (3) but which is not required to be retained under sub-paragraphs (4) and (5) must be returned to the holder if—
a
a decision is taken not to revoke the licence, or
b
an appeal against revocation of the licence is determined in favour of the holder.
7
Otherwise the driving licence may be dealt with in such manner as that person thinks fit.
8
Neither the Secretary of State nor the Department for Infrastructure for Northern Ireland is obliged to re-issue a licence which has been seized and retained under this paragraph.
9
References in this paragraph to an appeal against the revocation of a licence are to—
a
an appeal under section 100 of the Road Traffic Act 1988, in the case of a licence granted by the Secretary of State, or
b
an appeal under Article 16 of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), in the case of a licence granted by the Department for Infrastructure for Northern Ireland.
10
References in this paragraph to the holder of a driving licence, in relation to a licence that has been revoked, include the person who was the holder of the licence before it was revoked.
F225 Access and copying
Heading inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch
C193F22325D
1
If a person showing himself—
a
to be the occupier of the premises on which seized material was seized, or
b
to have had custody or control of the material immediately before it was seized,
asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.
2
If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for that person to have access to the material under the supervision of an immigration officer.
3
An immigration officer may photograph or copy, or have photographed or copied, seized material.
4
If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—
a
that person to have access to the material under the supervision of an immigration officer for the purpose of photographing or copying it; or
b
the material to be photographed or copied.
5
A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time.
6
There is no duty under this paragraph to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—
a
the exercise of any functions in connection with which the material was seized; or
b
an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.
7
“Relevant person” means—
a
a person who had custody or control of seized material immediately before it was seized, or
b
someone acting on behalf of such a person.
8
“Seized material” means anything which has been seized and retained under this Schedule F425other than a driving licence seized under paragraph 25CC.
C193F22425E
Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.
Supplementary duties of those connected with ships or aircraft or with ports
26
C1331
The owners or agents of a ship or aircraft employed to carry passengers for reward shall not, without the approval of the Secretary of State, arrange for the ship or aircraft to call at a port in the United Kingdom other than a port of entry for the purpose of disembarking passengers, if any of the passengers on board may not enter the United Kingdom without leave F226. . . , or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be F227British citizens.
F2281A
Sub-paragraph (1) does not apply in such circumstances, if any, as the Secretary of State may by order prescribe.
2
The Secretary of State may from time to time give written notice to the owners or agents of any ships or aircraft designating control areas for the embarkation or disembarkation of passengers in any port in the United Kingdom, and specifying the conditions and restrictions (if any) to be observed in any control area; and where by notice given to any owners or agents a control area is for the time being designated for the embarkation or disembarkation of passengers at any port, the owners or agents shall take all reasonable steps to secure that, in the case of their ships or aircraft, passengers do not embark or disembark, as the case may be, at the port outside the control area and that any conditions or restrictions notified to them are observed.
3
The Secretary of State may also from time to time give to any persons concerned with the management of a port in the United Kingdom written notice designating control areas in the port and specifying conditions or restrictions to be observed in any control area; and any such person shall take all reasonable steps to secure that any conditions or restrictions as notified to him are observed.
F2293A
The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament.
27
1
The captain of a ship or aircraft arriving in the United Kingdom—
a
shall take such steps as may be necessary to secure that persons on board do not disembark there unless either they have been examined by an immigration officer, or they disembark in accordance with arrangements approved by an immigration officer, or they are members of the crew who may lawfully enter the United Kingdom without leave by virtue of section 8(1) of this Act; and
b
where the examination of persons on board is to be carried out on the ship or aircraft, shall take such steps as may be necessary to secure that those to be examined are presented for the purpose in an orderly manner.
F5721A
Sub-paragraph (1) also applies to the captain of a ship or aircraft arriving in United Kingdom waters if—
a
there are offshore workers on board, or
b
an immigration officer has informed the captain that they wish to examine any person on board in the exercise of the power under paragraph 2.
1B
In sub-paragraph (1A), “offshore worker” and “United Kingdom waters” have the same meaning as in section 11A.
F2302
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,
F338ba
may require a responsible person to be able to receive, in a specified form and manner, communications sent by the Secretary of State or an immigration officer relating to the information,
c
shall be made by statutory instrument, and
d
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F232 Supplementary duties of the Concessionaires
Sch. 2 para. 27A inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 13
F23127A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236 Passenger information
Heading inserted (3.4.2000) by 1999 c. 33, s. 18; S.I. 2000/464, art. 2, Sch.
F23327B
1
This paragraph applies 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.
F5731A
This paragraph also applies to ships or aircraft—
a
which have offshore workers on board, and
b
which—
i
have arrived, or are expected to arrive, in United Kingdom waters, or
ii
have left, or are expected to leave, United Kingdom waters.
2
If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information F234or service information, the carrier must provide that information to the officer.
3
The officer may ask for passenger information F234or service information relating to—
a
a particular ship or particular aircraft of the carrier;
b
particular ships or aircraft (however described) of the carrier; or
c
all of the carrier’s ships or aircraft.
4
The officer may ask for—
a
all passenger information F234or service information in relation to the ship or aircraft concerned; or
b
particular passenger information F234or service information in relation to that ship or aircraft.
5
A request under sub-paragraph (2)—
a
must be in writing;
b
must state the date on which it ceases to have effect; and
c
continues in force until that date, unless withdrawn earlier by written notice by an immigration officer.
6
The date may not be later than six months after the request is made.
7
The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed.
8
The information must be provided—
a
in such form and manner as the Secretary of State may direct; and
b
at such time as may be stated in the request.
F3398A
The officer may require a carrier to be able to receive communications from the officer in such form and manner as the Secretary of State may direct.
9
“Passenger information” means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified.
F2359A
“Service information” means such information relating to the voyage or flight undertaken by the ship or aircraft as may be specified.
F5749B
“Offshore worker” and “United Kingdom waters” have the same meaning in this paragraph as in section 11A.
10
“Specified” means specified in an order made by statutory instrument by the Secretary of State.
11
Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F33527BA
1
The Secretary of State may make regulations requiring responsible persons in respect of 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 supply information to the Secretary of State or an immigration officer.
F5751A
The Secretary of State may also make regulations requiring responsible persons in respect of ships or aircraft—
a
which have offshore workers on board, and
b
which—
i
have arrived, or are expected to arrive, in United Kingdom waters, or
ii
have left, or are expected to leave, United Kingdom waters,
to supply information to the Secretary of State or an immigration officer.
2
The following information may be required under sub-paragraph (1) F577or (1A) —
a
information about the persons on board;
b
information about the voyage or flight.
3
The regulations must—
a
specify or describe the classes of ships or aircraft to which they apply;
b
specify the information required to be supplied;
c
specify the time by which the information must be supplied;
d
specify the form and manner in which the information must be supplied.
4
The regulations may require responsible persons to be able to receive, in a specified form and manner, communications sent by the Secretary of State or an immigration officer relating to the information.
5
For the purposes of this paragraph, the following are responsible persons in respect of a ship or aircraft—
a
the owner or agent, and
b
the captain.
F5765A
For the purposes of this paragraph, “offshore workers” and “United Kingdom waters” have the same meaning as in section 11A.
6
Regulations under this paragraph may make different provision for different purposes, and in particular may make different provision for different types of carrier, journey or person on board.
7
The power to make regulations under this paragraph is exercisable by statutory instrument; but no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
27BB
1
The Secretary of State may make regulations imposing penalties for failure to comply with—
a
an order under paragraph 27(2) (order requiring passenger list or particulars of member of crew),
b
any request or requirement under paragraph 27B (passenger and service information), or
c
regulations under paragraph 27BA (passenger, crew and service information).
2
Regulations under sub-paragraph (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 an order under paragraph 27(2), a request or requirement under paragraph 27B or regulations under paragraph 27BA where—
a
proceedings have been instituted against the person under section 27 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 section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 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 section 32B of that Act, or
ii
proceedings have been instituted against the person under section 34 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 paragraph must be paid into the Consolidated Fund.
6
The power to make regulations under this paragraph is exercisable by statutory instrument; but no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
F237 Notification of non-EEA arrivals
Heading inserted (3.4.2000) by 1999 c. 33, s. 19; S.I. 2000/464, art. 2, Sch.
F34027C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C136 Part II Effect of Appeals
Sch. 2 Pt. II amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.9: S.I. 1993/1655, art.2
Sch. 2 Pt. II extended (with modifications) (Isle of Man) (1.4.1997) by S.I. 1997/275, art. 2(1),Sch.
Sch. 2 Pt. II: power to modify conferred (11.6.1998) by 1997 c. 68, s. 5(4)(a); S.I. 1998/1336, art.2
Sch. 2 Pt. II extended (3.8.1998) by 1997 c. 68, s. 2, Sch. 2 paras.3(1), 4; S.I. 1998/1892, art.2
Stay on directions for removal
C135F23828
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grant of bail pending appeal
F44329
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions on grant of bail
F44330
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Forfeiture of recognizances
F44331
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44332
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arrest of appellants released on bail
F44333
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44333A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F239Grant of bail pending removal
Sch. 2 para. 34 and cross heading inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.12; S.I. 1996/2053, art. 2, Sch. Pt.II
F44334
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C141C207C217C217C217C255C245C289 SCHEDULE 3 Supplementary Provisions as to Deportation
Schs. 2-4 extended (with modifications) to Guernsey (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I
Schs. 2-4 extended (with modifications) to Jersey (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Sch. 3 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(12)
Sch. 3 amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 3 applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 3 applied (2.10.2000 with application as mentioned in reg. 9) by S.I. 2000/2326, reg. 26(3)
Sch. 3 restricted (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(2)(7) (as substituted (1.4.2003) for reg. 34(2)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))
Sch. 3 applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))
Sch. 3 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 32(3), 40(4)
Sch. 3 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)
Sch. 3 applied (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 16(3)
Removal of persons liable to deportation
1
1
Where a deportation order is in force against any person, the Secretary of State may give directions for his removal to a country or territory specified in the directions being either—
a
a country of which he is a national or citizen; or
b
a country or territory to which there is reason to believe that he will be admitted.
2
The directions under sub-paragraph (1) above may be either—
a
directions given to the captain of a ship or aircraft about to leave the United Kingdom requiring him to remove the person in question in that ship or aircraft; or
b
directions given to the owners or agents of any ship or aircraft requiring them to make arrangements for his removal in a ship or aircraft specified or indicated in the directions; or
c
directions for his removal in accordance with arrangements to be made by the Secretary of State.
3
In relation to directions given under this paragraph, paragraphs 11 and 16(4) of Schedule 2 to this Act shall apply, with the substitution of references to the Secretary of State for references to an immigration officer, as they apply in relation to directions for removal given under paragraph 8 of that Schedule.
4
The Secretary of State, if he thinks fit, may apply in or towards payment of the expenses of or incidental to the voyage from the United Kingdom of a person against whom a deportation order is in force, or the maintenance until departure of such a person and his dependants, if any, any money belonging to that person; and except so far as they are paid as aforesaid, those expenses shall be defrayed by the Secretary of State.
Detention or control pending deportation
C1402
1
Where a recommendation for deportation made by a court is in force in respect of any person, F240and that person is not detained in pursuance of the sentence or order of any court, he shallF438... be detained pending the making of a deportation order in pursuance of the recommendation, F439unless—
a
the court by which the recommendation is made grants bail to the person, or
b
the person is released on immigration bail under Schedule 10 to the Immigration Act 2016.
F2411A
Where—
a
a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and
b
he appeals against his conviction or against that recommendation,
the powers that the court determining the appeal may exercise include power to F441release the person on bail without setting aside the recommendation.
2
Where notice has been given to a person in accordance with regulations under F242section 105 of the Nationality, Immigration and Asylum Act 2002 (notice of decision) of a decision to make a deportation order against him, F243and he is not detained in pursuance of the sentence or order of a court, he may be detained under the authority of the Secretary of State pending the making of the deportation order.
3
Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained F440unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016.
F5923A
A person liable to be detained under sub-paragraph (1), (2) or (3) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the deportation order to be made, or the removal to be carried out.
3B
Sub-paragraphs (1) to (3) apply regardless of whether there is anything that for the time being prevents the deportation order from being made or the removal from being carried out.
3C
3D
Sub-paragraph (3E) applies if, while a person is detained under sub-paragraph (1), (2) or (3), the Secretary of State no longer considers that the deportation order will be made or the removal will be carried out within a reasonable period of time.
3E
The person may be detained under that sub-paragraph for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.
4
In relation to detention under sub-paragraph (2) or (3) above, paragraphs F59317, 18, 18A and 25A to 25E of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule F244; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.
F3774ZA
The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
F4375
The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A).
6
If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.
7
A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.
Effect of appeals
F4443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of courts pending deportation
F4444
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4445
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4446
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4447
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4448
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4449
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C142C217 SCHEDULE 4 Integration with United Kingdom Law of Immigration Law of Islands
Sch. 4 extended (with modfications) (1.8.1993) by S.I. 1993/1796, art 3(1), Sch. 1 Pt. I (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (Jersey) (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Leave to enter
1
1
Where under the immigration laws of any of the Islands a person is or has been given leave to enter or remain in the island, or is or has been refused leave, this Act shall have effect in relation to him, if he is not F245a British citizenF486or an Irish citizen, as if the leave were leave (of like duration) given under this Act to enter or remain in the United Kingdom, or, as the case may be, as if he had under this Act been refused leave to enter the United Kingdom.
2
Where under the immigration laws of any of the Islands a person has a limited leave to enter or remain in the island subject to any such conditions as are authorised in the United Kingdom by section 3(1) of this Act (being conditions imposed by notice given to him, whether the notice of leave or a subsequent notice), then on his coming to the United Kingdom this Act shall apply, if he is not F245a British citizenF487or an Irish citizen, as if those conditions related to his stay in the United Kingdom and had been imposed by notice under this Act.
3
Without prejudice to the generality of sub-paragraphs (1) and (2) above, anything having effect in the United Kingdom by virtue of either of those sub-paragraphs may in relation to the United Kingdom be varied or revoked under this Act in like manner, and subject to the like appeal (if any), as if it had originated under this Act as mentioned in that sub-paragraph.
4
Where anything having effect in the United Kingdom by virtue of sub-paragraph (1) or (2) above ceases to have effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise by anything done under this Act, sub-paragraph (1) or (2) shall not thereafter apply to it or, as the case may be, shall apply to it as so altered in effect.
5
Nothing in this paragraph shall be taken as conferring on a person a right of appeal under this Act against any decision or action taken in any of the Islands.
2
Notwithstanding section 3(4) of this Act, leave given to a person under this Act to enter or remain in the United Kingdom shall not continue to apply on his return to the United Kingdom after an absence if he has during that absence entered any of the Islands in circumstances in which he is required under the immigration laws of that island to obtain leave to enter.
Deportation
C290F2463
1
This Act has effect in relation to a person who is subject to an Islands deportation order as if the order were a deportation order made against him under this Act.
2
Sub-paragraph (1) does not apply if the person concerned is—
a
a British citizen;
F488aa
an Irish citizen;
F489b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F489c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F490ca
a relevant person (see paragraph 3A); or
d
a member of the family of a British citizen who is neither F491a British citizen nor an Irish citizen.
3
The Secretary of State does not, as a result of sub-paragraph (1), have power to revoke an Islands deportation order.
4
In any particular case, the Secretary of State may direct that paragraph F492(aa), (ca) or (d) of sub-paragraph (2) is not to apply in relation to the Islands deportation order.
5
Nothing in this paragraph makes it unlawful for a person in respect of whom an Islands deportation order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom.
6
“Islands deportation order” means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return.
7
Subsections (10) and (12) to (14) of section 80 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section.
F460Relevant person for purposes of paragraph 3
3A
1
For the purposes of paragraph 3, a person is a “relevant person”—
a
if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of relevant entry clearance immigration rules;
b
if the person has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
c
if the person may be granted leave to enter or remain in the United Kingdom as a person who has a right to enter the United Kingdom by virtue of —
i
Article 32(1)(b) of the EU withdrawal agreement;
ii
Article 31(1)(b) of the EEA EFTA separation agreement, or
iii
Article 26(a)(1)(b) of the Swiss citizens’ rights agreement,
whether or not the person has been granted such leave, or
d
if the person may enter the United Kingdom by virtue of regulations made under section 8 of the European Union (Withdrawal Agreement) Act 2020 (frontier workers), whether or not the person has entered by virtue of those regulations.
2
In this paragraph—
“EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);
“relevant entry clearance immigration rules” and “residence scheme immigration rules” have the meanings given by section 17 of the European Union (Withdrawal Agreement) Act 2020.
Illegal entrants
4
Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a person who is not F247a British citizenF493or an Irish citizen to enter the United Kingdom from any of the Islands where his presence was unlawful under the immigration laws of that island, unless he is given leave to enter.
F345SCHEDULE 4AEnforcement powers in relation to ships
Sch. 4A inserted (31.5.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 14 para. 8; S.I. 2016/603, reg. 2(d)
F494PART A1United Kingdom
Sch. 4A Pts. A1-M1 inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 7 para. 10; S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 22 (with Sch. 2 para. 8)
A1Introductory
1
This Part of this Schedule sets out the powers exercisable by immigration officers and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under section 28LA.
2
In this Part of this Schedule—
“items subject to legal privilege” means items in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings;
“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.
B1Power to stop, board, divert and detain
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that—
a
a relevant offence is being, or has been, committed on the ship, or
b
the ship is otherwise being used in connection with the commission of a relevant offence.
2
The relevant officer may—
a
stop the ship;
b
board the ship;
c
require the ship to be taken to any place (on land or on water) in the United Kingdom or elsewhere and detained there;
d
require the ship to leave United Kingdom waters.
3
The relevant officer may require the master of the ship or any member of its crew to take such action as is necessary for the purposes of sub-paragraph (2).
4
Where a ship is required to be taken to a place under sub-paragraph (2)(c), the relevant officer may require any person on board the ship to take such action as is reasonably necessary to ensure that person is taken to that place or to any other place determined by the relevant officer.
5
Where a ship is required to leave United Kingdom waters under sub-paragraph (2)(d), the relevant officer may require any person on board the ship to take such action as is reasonably necessary to ensure that person leaves United Kingdom waters.
6
The authority of the Secretary of State is required before a relevant officer may exercise the power under sub-paragraph (2)(c) to require the ship to be taken to any place—
a
within a State other than the United Kingdom, or
b
within a relevant territory.
7
8
Those places are—
a
a place in the home state or relevant territory in question, or
b
if the home state or relevant territory requests, a place in any other State or relevant territory willing to receive the ship.
9
A relevant officer must give notice in writing to the master of any ship detained under this paragraph.
10
The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.
11
The requirement to give notice under sub-paragraph (9) does not apply where it is not reasonably possible to identify who is the master of the ship.
12
In this paragraph “home state”, in relation to a foreign ship, means—
a
the State in which the ship is registered, or
b
the State whose flag the ship is otherwise entitled to fly.
C1Power to search and obtain information
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—
a
to a relevant offence or,
b
to an offence that is connected with a relevant offence.
2
The relevant officer may search—
a
the ship;
b
anyone on the ship;
c
anything on the ship (including cargo).
3
The relevant officer may require a person on the ship to give information about themselves or about anything on the ship.
4
The power to search conferred by sub-paragraph (2)—
a
is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and
b
in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
5
a
open any containers;
b
require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe is an item subject to legal privilege);
c
make photographs or copies of anything the production of which the relevant officer has power to require.
6
The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
7
8
A power conferred by this paragraph may be exercised on the ship or elsewhere.
D1Power of arrest and seizure
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that a relevant offence has been, or is being, committed on the ship.
2
The relevant officer may arrest without a warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.
3
The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the officer has reasonable grounds to believe to be an item subject to legal privilege).
4
A power conferred by this paragraph may be exercised on the ship or elsewhere.
E1Protective searches of persons
1
A relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
a
cause physical injury,
b
cause damage to property, or
c
endanger the safety of any ship.
2
The power conferred by sub-paragraph (1) may be exercised—
a
only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person, and
b
only to the extent that it is reasonably required for the purpose of discovering any such thing.
3
The relevant officer may seize and retain anything which the officer has grounds to believe might—
a
cause physical injury,
b
cause damage to property, or
c
endanger the safety of any ship.
4
If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.
5
A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person’s mouth.
6
A power conferred by this paragraph may be exercised on the ship or elsewhere.
F1Search for nationality documents
1
A relevant officer may require a person found on the ship to produce a nationality document.
2
The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.
3
The power conferred by sub-paragraph (2) may be exercised—
a
only if the officer has reasonable grounds to believe that a nationality document is concealed on the person, and
b
only to the extent that it is reasonably required for the purpose of discovering any such document.
4
Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power under paragraph B1.
5
The power to retain a nationality document under sub-paragraph (4) does not affect any other power of an immigration officer to retain a document.
6
Where a nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.
7
The power conferred by this paragraph to search a person does not authorise a relevant officer to—
a
require the person to remove any clothing in public other than an outer coat, jacket or gloves, or
b
seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.
8
In this paragraph a “nationality document”, in relation to a person, means any document which might—
a
establish the person’s identity, nationality or citizenship, or
b
indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.
9
A power conferred by this paragraph may be exercised on the ship or elsewhere.
G1Assistants
1
A relevant officer may—
a
be accompanied by other persons, and
b
take equipment or materials,
to assist the officer in the exercise of powers under this Part of this Schedule.
2
A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer’s functions under this Part of this Schedule, but only under the officer’s supervision.
H1Reasonable force
A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
I1Evidence of authority
A relevant officer must produce evidence of the relevant officer’s authority if asked to do so.
J1Protection of relevant officers
A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—
a
the act was done in good faith, and
b
there were reasonable grounds for doing it.
K1Offences under the law of England and Wales
1
A person commits an offence under the law of England and Wales if the person—
a
intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule in England and Wales, England and Wales waters, foreign waters or international waters, or
b
fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of such functions.
2
A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule in England and Wales, England and Wales waters, foreign waters or international waters commits an offence under the law of England and Wales if—
a
the information is false in a material particular, and the person either knows it is, or is reckless as to whether it is, or
b
the person intentionally fails to disclose any material particular.
3
A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.
4
A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
5
In the application of sub-paragraph (4) in relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks is to be read as a reference to 6 months.
L1Offences under the law of Scotland
1
A person commits an offence under the law of Scotland if the person—
a
intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule in Scotland, Scotland waters, foreign waters or international waters, or
b
fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of such functions.
2
A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule in Scotland, Scotland waters, foreign waters or international waters commits an offence under the law of Scotland if—
a
the information is false in a material particular, and the person either knows it is, or is reckless as to whether it is, or
b
the person intentionally fails to disclose any material particular.
3
A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.
4
A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both.
M1Offences under the law of Northern Ireland
1
A person commits an offence under the law of Northern Ireland if the person—
a
intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule in Northern Ireland, Northern Ireland waters, foreign waters or international waters, or
b
fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of such functions.
2
A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule in Northern Ireland, Northern Ireland waters, foreign waters or international waters commits an offence under the law of Northern Ireland if—
a
the information is false in a material particular, and the person either knows it is, or is reckless as to whether it is, or
b
the person intentionally fails to disclose any material particular.
3
A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.
4
A person guilty of an offence under this paragraph is liable on summary conviction to a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.
PART 1England and Wales
Introductory
1
1
2
In this Part of this Schedule—
F578“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;
“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.
Power to stop, board, divert and detain
2
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that—
a
an offence under section F56724B, 25 or 25A of this Act or section 21 of the 2006 Act is being, or has been, committed on the ship, or
b
the ship is otherwise being used in connection with the commission of an offence under any of those sections.
2
The relevant officer may—
a
stop the ship;
b
board the ship;
c
require the ship to be taken to a port in the United Kingdom and detained there.
3
The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).
4
A relevant officer must give notice in writing to the master of any ship detained under this paragraph.
5
The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.
Power to search and obtain information
3
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—
a
to an offence under section F58124B, 25, 25A or 25B of this Act or section 21 of the 2006 Act, or
b
to an offence that is connected with an offence under any of those sections.
2
The relevant officer may search—
a
the ship;
b
anyone on the ship;
c
anything on the ship (including cargo).
3
The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.
4
The power to search conferred by sub-paragraph (2)—
a
is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and
b
in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
5
In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—
a
open any containers;
b
require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege);
c
make photographs or copies of anything the production of which the relevant officer has power to require.
6
The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
7
Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).
8
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Power of arrest and seizure
4
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section F58224B, 25, 25A or 25B of this Act or section 21 of the 2006 Act has been, or is being, committed on the ship.
2
The relevant officer may arrest without warrant anyone whom the F538... officer has reasonable grounds for suspecting to be guilty of the offence.
3
The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the F539... officer has reasonable grounds to believe to be an item subject to legal privilege).
4
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Protective searches of persons
5
1
A relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
a
cause physical injury,
b
cause damage to property, or
c
endanger the safety of any ship.
2
The power conferred by sub-paragraph (1) may be exercised—
a
only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and
b
only to the extent that it is reasonably required for the purpose of discovering any such thing.
3
The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—
a
cause physical injury,
b
cause damage to property, or
c
endanger the safety of any ship.
4
If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.
5
A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.
6
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Search for nationality documents
6
1
A relevant officer may require a person found on the ship to produce a nationality document.
2
The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.
3
The power conferred by sub-paragraph (2) may be exercised—
a
only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and
b
only to the extent that it is reasonably required for the purpose of discovering any such document.
4
Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 2.
F5405
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F541A nationality document that has been seized and retained by a relevant officer must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.
7
The power conferred by this paragraph to search a person does not authorise a relevant officer to—
a
require the person to remove any clothing in public other than an outer coat, jacket or gloves, or
b
seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.
8
In this paragraph a “nationality document”, in relation to a person, means any document which might—
a
establish the person's identity, nationality or citizenship, or
b
indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.
9
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Assistants
7
1
A relevant officer may—
a
be accompanied by other persons, and
b
take equipment or materials,
to assist the officer in the exercise of powers under this Part of this Schedule.
2
A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision.
Reasonable force
8
A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
Evidence of authority
9
A relevant officer must produce evidence of the officer's authority if asked to do so.
Protection of relevant officers
10
A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—
a
the act was done in good faith, and
b
there were reasonable grounds for doing it.
Offences
11
1
A person commits an offence under the law of England and Wales if the person—
a
intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or
b
fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.
2
A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of England and Wales if—
a
the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
b
the person intentionally fails to disclose any material particular.
3
A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.
4
A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
5
In the application of sub-paragraph (4) in relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks is to be read as a reference to 6 months.
PART 2Scotland
Introductory
12
1
2
In this Part of this Schedule—
F583“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;
“items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);
“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.
Power to stop, board, divert and detain
13
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that—
a
an offence under section F56824B, 25 or 25A of this Act or section 21 of the 2006 Act is being, or has been, committed on the ship, or
b
the ship is otherwise being used in connection with the commission of an offence under any of those sections.
2
The relevant officer may—
a
stop the ship;
b
board the ship;
c
require the ship to be taken to a port in the United Kingdom and detained there.
3
The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).
4
A relevant officer must give notice in writing to the master of any ship detained under this paragraph.
5
The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.
Power to search and obtain information
14
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—
a
to an offence under section F56924B, 25 or 25A of this Act or section 21 of the 2006 Act, or
b
to an offence that is connected with an offence under any of those sections.
2
The relevant officer may search—
a
the ship;
b
anyone on the ship;
c
anything on the ship (including cargo).
3
The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.
4
The power to search conferred by sub-paragraph (2)—
a
is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and
b
in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
5
In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—
a
open any containers;
b
require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege);
c
make photographs or copies of anything the production of which the relevant officer has power to require.
6
The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
7
Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).
8
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Power of arrest and seizure
15
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section F57024B, 25 or 25A of this Act or section 21 of the 2006 Act has been, or is being, committed on the ship.
2
The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.
3
The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the officer has reasonable grounds to believe to be an item subject to legal privilege).
4
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Protective searches of persons
16
1
The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
a
cause physical injury,
b
cause damage to property, or
c
endanger the safety of any ship.
2
The power conferred by sub-paragraph (1) may be exercised—
a
only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and
b
only to the extent that it is reasonably required for the purpose of discovering any such thing.
3
The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—
a
cause physical injury,
b
cause damage to property, or
c
endanger the safety of any ship.
4
If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.
5
A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.
6
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Search for nationality documents
17
1
The relevant officer may require a person found on the ship to produce a nationality document.
2
The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.
3
The power conferred by sub-paragraph (2) may be exercised—
a
only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and
b
only to the extent that it is reasonably required for the purpose of discovering any such document.
4
Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 13.
F5445
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F545A nationality document that has been seized and retained by a relevant officer must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.
7
The power conferred by this paragraph to search a person does not authorise a relevant officer to—
a
require the person to remove any clothing in public other than an outer coat, jacket or gloves, or
b
seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.
8
In this paragraph a “nationality document”, in relation to a person, means any document which might—
a
establish the person's identity, nationality or citizenship, or
b
indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.
9
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Assistants
18
1
A relevant officer may—
a
be accompanied by other persons, and
b
take equipment or materials,
to assist the officer in the exercise of powers under this Part of this Schedule.
2
A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer‘s supervision.
Reasonable force
19
A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
Evidence of authority
20
A relevant officer must produce evidence of the officer's authority if asked to do so.
Protection of relevant officers
21
A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—
a
the act was done in good faith, and
b
there were reasonable grounds for doing it.
Offences
22
1
A person commits an offence under the law of Scotland if the person—
a
intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or
b
fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.
2
A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Scotland if—
a
the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
b
the person intentionally fails to disclose any material particular.
3
A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.
4
A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both.
PART 3Northern Ireland
Introductory
23
1
2
In this Part of this Schedule—
F584“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;
“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (see Article 12 of that Order);
“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.
Power to stop, board, divert and detain
24
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that—
a
an offence under section F57124B, 25 or 25A of this Act or section 21 of the 2006 Act is being, or has been, committed on the ship, or
b
the ship is otherwise being used in connection with the commission of an offence under any of those sections.
2
The relevant officer may—
a
stop the ship;
b
board the ship;
c
require the ship to be taken to a port in the United Kingdom and detained there.
3
The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).
4
A relevant officer must give notice in writing to the master of any ship detained under this paragraph.
5
The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.
Power to search and obtain information
25
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—
a
to an offence under section F58524B, 25 or 25A of this Act or section 21 of the 2006 Act, or
b
to an offence that is connected with an offence under any of those sections.
2
The relevant officer may search—
a
the ship;
b
anyone on the ship;
c
anything on the ship (including cargo).
3
The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.
4
The power to search conferred by sub-paragraph (2)—
a
is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and
b
in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
5
In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—
a
open any containers;
b
require the production of documents, books or records relating to the ship or anything on it (but not including anything the officer has reasonable grounds to believe to be an item subject to legal privilege);
c
make photographs or copies of anything the production of which the officer has power to require.
6
The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
7
Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).
8
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Power of arrest and seizure
26
1
This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section F58624B, 25 or 25A of this Act or section 21 of the 2006 Act has been, or is being, committed on the ship.
2
The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.
3
The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the F548... officer has reasonable grounds to believe to be an item subject to legal privilege).
4
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Protective searches of persons
27
1
The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
a
cause physical injury,
b
cause damage to property, or
c
endanger the safety of any ship.
2
The power conferred by sub-paragraph (1) may be exercised—
a
only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and
b
only to the extent that it is reasonably required for the purpose of discovering any such thing.
3
The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—
a
cause physical injury,
b
cause damage to property, or
c
endanger the safety of any ship
4
If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.
5
A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.
6
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Search for nationality documents
28
1
The relevant officer may require a person found on the ship to produce a nationality document.
2
The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.
3
The power conferred by sub-paragraph (2) may be exercised—
a
only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and
b
only to the extent that it is reasonably required for the purpose of discovering any such document.
4
Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 24.
F5495
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F550A nationality document that has been seized and retained by a relevant officer must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.
7
The power conferred by this paragraph to search a person does not authorise a relevant officer to—
a
require the person to remove any clothing in public other than an outer coat, jacket or gloves, or
b
seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.
8
In this paragraph a “nationality document”, in relation to a person, means any document which might—
a
establish the person's identity, nationality or citizenship, or
b
indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.
9
A power conferred by this paragraph may be exercised on the ship or elsewhere.
Assistants
29
1
A relevant officer may—
a
be accompanied by other persons, and
b
take equipment or materials,
to assist the officer in the exercise of powers under this Part of this Schedule.
2
A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision.
Reasonable force
30
A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.
Evidence of authority
31
A relevant officer must produce evidence of the officer's authority if asked to do so.
Protection of relevant officers
32
A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—
a
the act was done in good faith, and
b
there were reasonable grounds for doing it.
Offences
33
1
A person commits an offence under the law of Northern Ireland if the person—
a
intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or
b
fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.
2
A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Northern Ireland if—
a
the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
b
the person intentionally fails to disclose any material particular.
3
A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.
4
A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.
C143F248SCHEDULE 5 The Adjudicators and the Tribunal
Sch. 5 repealed (14.2.2000) by 1999 c. 33, s. 169(3), Sch. 16 (with s. 169(2), Sch. 15 para. 3(5)); S.I. 2000/168, art. 2, Sch
Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art. 2
Sch. 5 amended (1.9.1996) by 1996 c. 49, s. 3(4)(f); S.I. 1996/2053, art. 2, Sch. Pt. II
Part I The Adjudicators
C1611
C1622
1
F264Subject to the following provisions of this paragraphAn adjudicator shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
2
An adjudicator may at any time by notice in writing to the F265Lord Chancellor resign his office.
F2663
An adjudicator shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
C1633
a
to the adjudicators, such remuneration and allowances as he may, with the approval of F269the Treasury, determine;
b
as regards any of the adjudicators in whose case he may so determine with the approval of F269the Treasury, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;
and, if a person ceases to be an adjudicator and it appears to the F268Lord Chancellor that there are special circumstances which make it right that that person should receive compensation, the F268Lord Chancellor may, with the approval of F269the Treasury, pay to that person a sum of such amount as the F268Lord Chancellor may, with the approval of F269the Treasury, determine.
F2702
Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
4F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C164C1655
Part II The Tribunal
Members
6
The Tribunal shall consist of such number of members as the Lord Chancellor may determine, and the Lord Chancellor shall appoint one of them to be president.
7
The president and such number of the other members of the Tribunal as the Lord Chancellor may determine shall be
F273a
persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
advocates or solicitors in Scotland of a least 7 years’ standing; or
c
members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of a least 7 years’ standing.
8
1
F274Subject to the following provisions of this paragraphA member of the Tribunal shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
2
Any member of the Tribunal may at any time by notice in writing to the Lord Chancellor resign his office.
F2753
A member of the Tribunal shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
C1669
a
to the members of the Tribunal, such remuneration and allowances as he may, with the approval of F278the Treasury, determine;
b
as regards any member in whose case he may so determine with the approval of F278the Treasury, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;
and, if a person ceases to be a member of the Tribunal and it appears to the F277Lord Chancellor that there are special circumstances which make it right that that person should receive compensation, the F277Lord Chancellor may, with the approval of F278the Treasury, pay to that person a sum of such amount as the F277Lord Chancellor may, with the approval of F278the Treasury, determine.
F2792
Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
10F280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings
11
For the purpose of hearing and determining appeals under Part II of this Act or any matter preliminary or incidental to any such appeal, the Tribunal shall sit at such times and in such place or places as the Lord Chancellor may direct, and may sit in two or more divisions.
12
Subject to rules of procedure, the Tribunal shall be deemed to be duly constituted if it consists of three members (or a greater uneven number of members) of whom at least one is qualified as mentioned in paragraph 7 of this Schedule; and the determination of any question before the Tribunal shall be according to the opinion of the majority of the members hearing the case.
13
The Lord Chancellor may appoint members of the Tribunal who are qualified as mentioned in paragraph 7 of this Schedule to act on behalf of the president in his temporary absence or inability to act.
14
The president or, in his absence, the member qualified as mentioned in paragraph 7 of this Schedule (or, if there is more than one such member present, the senior of them) shall preside at a sitting of the Tribunal.
Part III Staff and Expenses
C16715
C16816
X1SCHEDULE 6 Repeals
The text of Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Act partly in force at Royal Assent see ss. 34(1), 35(1)-(3); Act wholly in force at 1 January 1973.