Immigration Act 1971

SCHEDULE 2 U.K. Administrative Provisions as to Control on Entry etc.

Modifications etc. (not altering text)

C1 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

C2 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)

C3 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))

C4 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))

C5 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)

Part I U.K. General Provisions

Modifications etc. (not altering text)

C6 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))

C7 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 U.K.

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. U.K.

(2) 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.

[F1 (2A) 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.]

(3) 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 [F2 or 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 [F2 or aircraft] and anything on board it, or any vehicle taken off a ship or aircraft on which it has been brought to the United Kingdom.

Textual Amendments

F1 Sch. 2 para. 1(2A) inserted (23.9.2004) by Health Protection Agency Act 2004 (c. 17), ss. 11(1), 12(3), Sch. 3 para. 3

F2 Words in Sch. 2 para. 1(4)(5) substituted (2.8.1993) by S.I. 1993/1813, arts. 8, 1, Sch. 5 para. 1(a)

Modifications etc. (not altering text)

C8 Reference to Minister of Health and Social Services in para. 1(2) to be construed as reference to head of Department of Health and Social Services and reference to other appropriate Minister of the Government of Northern Ireland to be construed as reference to the head of a Northern Ireland Department: Northern Ireland Constitution Act 1973 (c. 36), s. 7

Sch. 2 para. 1(2): transfer of certain functions (S.)(1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C9 Sch. 2 para. 1(3): transfer of certain functions (S.)(1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Examination by immigration officers, and medical examination U.K.

2 (1) An immigration officer may examine any persons who have arrived in the United Kingdom by ship [F3 or aircraft] (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) for the purpose of determining— U.K.

(a) whether any of them is or is not [F4 a British citizen]; and

(b) whether, if he is not, he may or may not enter the United Kingdom without leave; and

[F5 (c) 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 leave.][F6 ; and

(d) whether, if he has been given leave which is still in force, his leave should be curtailed.]

(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.

Textual Amendments

F3 Words in Sch. 2 para. 2(1) substituted (2.8.1993) by S.I. 1993/1813, arts 8, 1, Sch. 5 para. 1(b)

F4 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F5 Sch. 2 para. 2(1)(c) substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 56; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F6 Sch. 2 para. 2(1)(d) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(2), 94(1); S.I. 2016/603, reg. 3(g)

Modifications etc. (not altering text)

C10 Sch. 2 para. 2 excluded by Immigration Act 1988 (c. 14, SIF 62), s. 8(4)

Sch. 2 para. 2 modified (18.7.2001) by S.I. 2001/2950, art. 3

C11 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

[F7 Examination of persons who arrive with continuing leave] U.K.

Textual Amendments

F7 Heading inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 57; S.I. 2000/168, art. 2, Sch

[F8 2A (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. U.K.

(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.

[F9 (2A) 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.

F10 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.]

Textual Amendments

F8 Sch. 2 para. 2A inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 58; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F9 Sch. 2 para. 2A(2A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 18; S.I. 2004/2523, art. 2, Sch.

F10 Sch. 2 para. 2A(9) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 65(1), 94(1) (with s. 65(3)); S.I. 2016/1037, reg. 5(h)

Modifications etc. (not altering text)

C12 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 2A extended (14.12.2001) by 2001 c. 24, ss. 22(2)(g)(3), 127(2)

3 (1) An immigration officer [F11 or designated person] may examine any person who is embarking or seeking to embark in the United Kingdom F12 . . .for the purpose of determining whether he is [F13 a British citizen][F14 and, if he is not a British citizen, for the purpose of establishing— U.K.

(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.

[F15 (1A) 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 F12 . . . 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.]

Textual Amendments

F11 Words in Sch. 2 para. 3(1) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 2(2); S.I. 2014/1820, art. 3(bb)

F12 Words in Sch. 2 para. 3(1)(2) repealed (2.8.1993) by S.I. 1993/1813 arts. 1, 9, Sch. 6 Pt. I

F13 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F14 Words in Sch. 2 para. 3 substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 42(2); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F15 Sch. 2 para. 3(1A) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 2(3); S.I. 2014/1820, art. 3(bb)

Modifications etc. (not altering text)

C13 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Information and documents U.K.

4 (1) It shall be the duty of any person examined under paragraph 2[F16 , 2A] or 3 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of [F17 that or any other person's functions] under that paragraph. U.K.

(2) A person on his examination under paragraph 2[F16 , 2A] or 3 above by an immigration officer [F18 , 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) declare whether or not he is carrying or conveying [F19 , or has carried or conveyed,] documents of any relevant description specified by [F20 the immigration officer or designated person], and produce any documents of that description which he is carrying or conveying.

In paragraph (b), “relevant description” means any description appearing to [F21 the immigration officer or designated person] to be relevant for the purposes of the examination.

(2A) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying [F23 , or has carried or conveyed,] documents of any description,

F24 [(a) 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,]

may be searched with a view to ascertaining whether he is doing [F25 or, as the case may be, has done] so by [F26 an immigration officer or a person acting under the directions of an immigration officer] :

Provided that no woman or girl shall be searched except by a woman.

[F27 (4) Where a passport or other document is [F28 produced to or found by an immigration officer] in accordance with this paragraph[F29 , 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.

[F30 (4A) 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 examination[F31 , or any immigration officer or designated person,] may require the person being examined to provide [F32 biometric] information (whether or not by submitting to a process by means of which information is obtained or recorded) F33 ....]

[F34 (6) Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.]

[F35 (7) 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.]

Textual Amendments

F16 Words in Sch. 2 para. 4(1)(2) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 58; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F17 Words in Sch. 2 para. 4(1) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(2); S.I. 2014/1820, art. 3(bb)

F18 Words in Sch. 2 para. 4(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(a); S.I. 2014/1820, art. 3(bb)

F19 Words in Sch. 2 para. 4(2)(b) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(1); S.I. 1996/2053, art. 2, Sch. Pt. III

F20 Words in Sch. 2 para. 4(2)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(b); S.I. 2014/1820, art. 3(bb)

F21 Words in Sch. 2 para. 4(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(c); S.I. 2014/1820, art. 3(bb)

F22 Sch. 2 para. 4(2A) repealed (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. {27(2)}, 61, {Sch. 3}; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F23 Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(a); S.I. 1996/2053, art. 2, Sch. Pt. III

F24 Sch. 2 para. 4(3)(a)(b) substituted (1.10.1996) for words by 1996 c. 49, s 12(1), Sch. 2 para. 5(2)(b); S.I. 1996/2053, art. 2, Sch. Pt. III

F25 Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(c); S.I. 1996/2053, art. 2, Sch. Pt. III

F26 Words in Sch. 2 para. 4(3) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(4); S.I. 2014/1820, art. 3(bb)

F27 Sch. 2 para. 4(4)(5) substituted (31.8.2006) for Sch. 2 para. 4(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 27(1); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F28 Words in Sch. 2 para. 4(4) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(5)(a); S.I. 2014/1820, art. 3(bb)

F29 Words in Sch. 2 para. 4(4) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(5)(b); S.I. 2014/1820, art. 3(bb)

F30 Sch. 2 para. 4(4A)(4B) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(6); S.I. 2014/1820, art. 3(bb)

F31 Words in Sch. 2 para. 4(5) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(7); S.I. 2014/1820, art. 3(bb)

F32 Word in Sch. 2 para. 4(5) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(2)(a); S.I. 2014/1820, art. 3(z)

F33 Words in Sch. 2 para. 4(5) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(2)(b); S.I. 2014/1820, art. 3(z)

F34 Sch. 2 para. 4(6) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(3); S.I. 2014/1820, art. 3(z)

F35 Sch. 2 para. 4(7)-(9) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 13(2), 75(3); S.I. 2014/1820, art. 3(l)

Modifications etc. (not altering text)

C14 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 4 modified (18.7.2001) by S.I. 2001/2590, art. 3

5 U.K. The Secretary of State may by order made by statutory instrument make provision for [F36 requiring—

(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 [F37 cards, 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.

Textual Amendments

F36 Word preceding and in Sch. 2 para. 5(a) substituted for words (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 4(2); S.I. 2014/1820, art. 3(bb)

F37 Sch. 2 para. 5(b) and surrounding words substituted for words (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 4(3); S.I. 2014/1820, art. 3(bb)

Modifications etc. (not altering text)

C15 Sch. 2 para. 5 modified (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4, Sch. 2 para. 4(6)

[F38 Designated persons U.K.

Textual Amendments

F38 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. U.K.

(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.]

[F39 Directions to carriers and operators of ports etc U.K.

Textual Amendments

F39 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— U.K.

(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 U.K.

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 [F40 twenty-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 [F40 twenty-four hours], he shall (if not [F41 a British citizen]) be deemed to have been given [F40 leave 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. U.K.

(2) 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 [F42 twenty-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.

(3) 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, [F43 and the immigration officer does not at the same time give him indefinite or limited leave to enter [F44 or 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.]

(4) 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.

Textual Amendments

F40 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. paras. 7, 8(1)(3) respectively

F41 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F42 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 7

F43 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 8(2)(3)

F44 Words in s. 6(3) inserted (8.1.2003) by 2002 c. 41, s. 119, (with s. 159); S.I. 2002/2811, art. 2, Sch.

Modifications etc. (not altering text)

C16 Sch. 2 para. 6(2) applied (with modifications) by S.I. 2006/1003, reg. 23A (as inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 9)

C17 Sch. 2 para. 6(2) applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 31(2)(a)

C18 Sch. 2 para. 6(3)(4) modified by Immigration Act 1988 (c. 14, SIF 62), s. 8(6)

[F45 Power to require medical examination after entry] U.K.

Textual Amendments

F45 Heading substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 59; S.I. 2000/168, art. 2, Sch

[F46 7 (1) This paragraph applies if an immigration officer examining a person under paragraph 2 decides— U.K.

(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.

(3) 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.

(4) 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.]

Textual Amendments

F46 Sch. 2 para. 7 substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 59; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C19 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

C20 Sch. 2 para. 7(1)(3)(4) modified (18.7.2001) by S.I. 2001/2590, art. 3

Removal of persons refused leave to enter and illegal entrants U.K.

8 (1) Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below— U.K.

(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 F47 . . .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.

(2) 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 [F48 (ignoring any period during which an appeal by him under the Immigration Acts is pending)][F49 except 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].

Textual Amendments

F47 Words in Sch. 2 para. 8(1)(c) repealed (2.8.1993) by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I

F48 Words in Sch. 2 para. 8(2) inserted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 4 (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))

F49 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 9(1)(4)

Modifications etc. (not altering text)

C21 Sch. 2 para. 8 applied (2.10.2000 with application as mentioned in reg. 9 of the applying S.I.) by S.I. 2000/2326, reg. 25(3)(a)

Sch. 2 para. 8 modified (18.7.2001) by S.I. 2001/2590, art. 3

Sch. 2 para. 8 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

Sch. 2 para. 8 applied (with modifications) (17.7.2002) by S.I. 2002/1832, art. 2(2), Sch.

C22 Sch. 2 para. 8(2) amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 13; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

C23 Sch. 2 para. 8(2) modified (2.10.2000 with application as mentioned in regs. 9, 28 of the modifying S.I.) by S.I. 2000/2326, reg. 32(4)(7) (as substituted (1.4.2003) for reg. 34(4)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

9 [F50 (1)] 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). U.K.

F51 [(2) Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.]

Textual Amendments

F50 Sch 2 para. 9 renumbered as 9(1) (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.6; S.I. 1996/2053, art. 2, Sch. Pt.III

F51 Sch. 2 para. 9(2) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.6; S.I. 1996/2053, art. 2, Sch. Pt.III

Modifications etc. (not altering text)

C24 Sch. 2 para. 9 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

Sch. 2 para. 9 modified (18.7.2001) by S.I. 2001/2590, art. 3

Sch. 2 para. 9 applied (with modifications) (17.7.2002) by S.I. 2002/1832, art. 2(2), Sch.

10 (1) Where it appears to the Secretary of State either— U.K.

(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 [F52 but 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.

Textual Amendments

F52 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 9(2)(4)

Modifications etc. (not altering text)

C25 Sch. 2 para. 10 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 10 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)

Sch. 2 para. 10 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

[F53 10A U.K. 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.]

Textual Amendments

F53 Sch. 2 para. 10A inserted (10.2.2003) by 2002 c. 41, s. 73(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

11 U.K. 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 [F54 or the Secretary of State] , on board any ship or aircraft in which he is to be removed in accordance with the directions.

Textual Amendments

F54 Words in Sch. 2 para. 11 inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 1; S.I. 2014/2771, arts. 2(e), 4(g) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C26 Sch. 2 para. 11 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), ss. 9(4), 10(9)(a) (as substituted (20.10.2014) by 2014 c. 22, ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision was extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 11 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)

Sch. 2 para. 11 applied (with modifications) (12.7.2002) by S.I. 2002/1832, art. 2(2), Sch.

Seamen and aircrews U.K.

12 (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. U.K.

(2) Where a person (not being [F55 a 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.

Textual Amendments

F55 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

Modifications etc. (not altering text)

C27 Sch. 2 para. 12 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

13 (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— U.K.

(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 [F56 a 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.

Textual Amendments

F56 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

Modifications etc. (not altering text)

C28 Sch. 2 para. 13 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

14 (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). U.K.

(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.

Modifications etc. (not altering text)

C29 Sch. 2 para. 14 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

15 U.K. 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.

[F57 Search of premises in connection with removal U.K.

Textual Amendments

F57 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— U.K.

(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 U.K.

16 (1) 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. U.K.

[F58 (1A) 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.]

[F59 (1B) A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination.]

[F60 (2) If there are reasonable grounds for suspecting that a person is someone in respect of whom directions may be given under any of paragraphs [F61 8 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.]

[F62 (2A) But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.]

[F63 (2B) 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.]

(3) 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.

(4) 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.

F64 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Sch. 2 para. 16(1A) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 60; S.I. 2000/168, art. 2, Sch. 1 (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F59 Sch. 2 para. 16(1B) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 42(3); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F60 Sch. 2 para. 16(2) substituted (11.11.1999) by 1999 c. 33, ss. 140(1), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F61 Words in Sch. 2 para. 16(2) substituted (10.2.2003) by 2002 c. 41, s. 73(5) (with s. 159); S.I. 2003/1, art. 2, Sch.

F62 Sch. 2 para. 16(2A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(2), 75(3); S.I. 2014/1820, art. 3(d)

F63 Sch. 2 para. 16(2B) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 60(10), 94(1); S.I. 2016/603, reg. 3(m)

F64 Sch. 2 para. 16(4A) repealed by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I

Modifications etc. (not altering text)

C30 Sch. 2 para. 16 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), s. 9(4), 10 (as substituted (20.10.2014) by c. 22, ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 16 extended (14.12.2001) by 2001 c. 24, ss. 23(2)(a), 127(2)

C31 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 16 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C32 Sch. 2 para. 16(2)-(4) applied by 1999 c. 33, s. 10(9)(b) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

17 (1) A person liable to be detained under paragraph 16 above may be arrested without warrant by a constable or by an immigration officer. U.K.

(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 F65 . . . justice of the peace, having jurisdiction in the place where the premises are situated is by evidence on oath so satisfied;

he may grant a warrant [F66 authorising any immigration officer or constable to enter], [F67 if need be by reasonable force], the premises named in the warrant for the purpose of searching for and arresting that person.

[F68 (3) 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).]

Textual Amendments

F65 Words in Sch. 2 para. 17(2)(b) repealed (1.10.1996) by 1996 c. 49, s. 12(1)(3), Sch. 2 para. 7, Sch. 4; S.I. 1996/2053, art. 2, Sch. Pt. III

F66 Words in Sch. 2 para. 17(2) substituted (11.11.1999) by 1999 c. 33, ss. 140(2), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F67 Words in Sch. 2 para. 17(2) substituted (10.2.2003) by 2002 c. 41, s. 63 (with s. 159); S.I. 2003/1, art. 2, Sch.

F68 Sch. 2 para. 17(3)-(5) inserted (10.2.2003) by 2002 c. 41, s. 64 (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C33 Sch. 2 para. 17 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

C34 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 17 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C35 Sch. 2 para. 17 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(1) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(a))

C36 Sch. 2 para. 17 applied by 1999 c. 33, s. 10(9)(c) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C37 Sch. 2 para. 17 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 32(1), 40(7), 41(7)

C38 Sch. 2 paras. 16-18A applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

C39 Sch. 2 para. 17(1) amended (2.8.1993) by S.I. 1993/1813, arts. 6, 1, Sch. 3 Pt. 1 para. 2(2)(a); Sch. 2 para. 17 amended by the said S.I. 1993/1813, arts. 6, 7, Sch. 3 para. 2, Sch. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, arts. 6, 8, Sch. 3 para. 3, Sch. 4 para. 11 Table

18 (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). U.K.

[F69 (1A) But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.]

(2) Where a person is detained [F70 or 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.

[F71 (2A) The power conferred by sub-paragraph (2) includes power to take [F72 biometric information (within the meaning given by section 15 of the UK Borders Act 2007)].]

[F73 (2B) 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, [F74 an 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.

Textual Amendments

F69 Sch. 2 para. 18(1A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(3), 75(3); S.I. 2014/1820, art. 3(d)

F70 Words in Sch. 2 para. 18(2) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 9, 75(3); S.I. 2014/1820, art. 3(h)

F71 Sch. 2 para. 18(2A) inserted (11.12.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 61; S.I. 2000/3099, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F72 Words in Sch. 2 para. 18(2A) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(4); S.I. 2014/1820, art. 3(z)

F73 Sch. 2 para. 18(2B) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 13(3), 75(3); S.I. 2014/1820, art. 3(l)

F74 Words in Sch. 2 para. 18(3) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 1; S.I. 2014/1820, art. 3(y)

Modifications etc. (not altering text)

C40 Sch. 2 para. 18 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), ss. 9(4), 10 (as substituted (20.10.2014) by 2014 c. 22, ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

C41 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 18 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C42 Sch. 2 para. 18 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(1) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(a))

C43 Sch. 2 paras. 16-18A applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

[F75 18A (1) An immigration officer or constable may search a person (“P”) who is detained under paragraph 16 for anything which P might use— U.K.

(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.]

Textual Amendments

F75 Sch. 2 para. 18A inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 2(1); S.I. 2014/1820, art. 3(y)

Modifications etc. (not altering text)

C44 Sch. 2 para. 18A applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(e) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C45 Sch. 2 para. 18A applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 32(1)

C46 Sch. 2 paras. 16-18A applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

[F76 18B (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— U.K.

(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.]

Textual Amendments

F76 Sch. 2 para. 18B inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(4), 75(3); S.I. 2014/1820, art. 3(d)

Modifications etc. (not altering text)

C47 Sch. 2 para. 18B applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(f) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

19 (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 F77 . . . 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 [F78 for any period (not exceeding 14 days)] after his arrival while he was detained or liable to be detained under paragraph 16 above. U.K.

(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 [F79 certificate 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 [F79 certificate 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.

Textual Amendments

F77 Words in Sch. 2 para. 19(1) repealed (2.8.1993) by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I

F78 Words in Sch. 2 para. 19(1) substituted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.8; S.I. 1996/2053, art. 2, Sch. Pt.II

F79 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1) (with Sch. 8 para. 8)

Modifications etc. (not altering text)

C48 Sch. 2 para. 19 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 25(3)(b) (with regs. 9, 28)

C49 Sch. 2 para. 19 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(g) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

20 (1) Subject to the provisions of this paragraph, in either of the following cases, that is to say,— U.K.

(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 F80 . . . 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 [F81 for any period (not exceeding 14 days)] after his arrival while he was detained or liable to be detained under paragraph 16 above.

F82 [(1A) 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.

Textual Amendments

F80 Words in Sch. 2 para. 20(1) repealed (2.8.1993) by S.I. 1993/1813 art. 9(1), Sch. 6 Pt. I

F81 Words in Sch. 2 para. 20(1) substituted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 9(1); S.I. 1996/2053, art. 2, Sch. Pt. II

F82 Sch. 2 para. 20(1A) inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 9(2); S.I. 1996/2053, art. 2, Sch. Pt.II

Modifications etc. (not altering text)

C50 Sch. 2 para. 20 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(g) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C51 Sch. 2 para. 20(1) restricted (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

Temporary admission or release of persons liable to detention U.K.

21 (1) A person liable to detention or detained under paragraph 16 [F83 (1), (1A) or (2)] above may, under the written authority of an immigration officer, be temporarily admitted to the United Kingdom without being detained or be released from detention; but this shall not prejudice a later exercise of the power to detain him. U.K.

(2) So long as a person is at large in the United Kingdom by virtue of this paragraph, he shall be subject to such restrictions as to residence [F84 , as to his employment or occupation] and as to reporting to the police or an immigration officer as may from time to time be notified to him in writing by an immigration officer.

[F85 (2A) The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by regulations made by the Secretary of State.

(2B) The regulations may, among other things, provide for the inclusion of provisions—

(a) prohibiting residence in one or more particular areas;

(b) requiring the person concerned to reside in accommodation provided under section 4 of the Immigration and Asylum Act 1999 and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him.

(2C) The regulations may provide that a particular description of provision may be imposed only for prescribed purposes.

(2D) The power to make regulations conferred by this paragraph is exercisable by statutory instrument and includes a power to make different provision for different cases.

(2E) 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.]

F86 [(3) Sub-paragraph (4) below applies where a person who is at large in the United Kingdom by virtue of this paragraph is subject to a restriction as to reporting to an immigration officer with a view to the conclusion of his examination under paragraph 2 [F87 or 2A]] above.

(4) If the person fails at any time to comply with that restriction—

(a) an immigration officer may direct that the person’s examination F88 . . . shall be treated as concluded at that time; but

(b) nothing in paragraph 6 above shall require the notice giving or refusing him leave to enter the United Kingdom to be given within twenty-four hours after that time.

Textual Amendments

F83 Words in Sch. 2 para. 21(1) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 42(4); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F84 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 10(1)(4)

F85 Sch. 2 para. 21(2A)-(2E) inserted (11.11.1999) by 1999 c. 33, ss. 169(1), 170(3), Sch. 14 paras. 43, 62(2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F86 Sch. 2 para. 21(3)(4) inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 10; S.I. 1996/2053, art. 2, Sch. Pt. II

F87 Words in Sch. 2 para. 21(3) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 62(3); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F88 Words in Sch. 2 para. 21(4)(a) repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 62(4), Sch. 16; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C52 Sch. 2 para. 21 applied (14.2.2000) by 1999 c. 33, ss. 9(4), 10 (as substituted (20.10.2014) by 2014 c. 22, ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 21 modified (18.7.2001) by S.I. 2001/2590, art. 3

C53 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch 2 para. 21 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C54 Sch. 2 para. 21 extended (10.2.2003) by 2002 c. 41, s. 71(2) (with s. 159); S.I. 2003/1, art. 2, Sch.

22 F89 [(1) The following, namely— U.K.

(a) a person detained under paragraph 16(1) above pending examination;

[F90 (aa) a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter;] and

(b) a person detained under paragraph 16(2) above pending the giving of directions,

may be released on bail in accordance with this paragraph.

(1A) An immigration officer not below the rank of chief immigration officer or [F91 the First-tier Tribunal] may release a person so detained on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer at a time and place named in the recognizance or bail bond or at such other time and place as may in the meantime be notified to him in writing by an immigration officer.

(1B) Sub-paragraph (1)(a) above shall not apply unless seven days have elapsed since the date of the person’s arrival in the United Kingdom.]

(2) The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the [F92 immigration officer or [F91 the First-tier Tribunal]] to be likely to result in the appearance of the person bailed at the required time and place; and any recognizance shall be with or without sureties as the [F92 officer or [F91 the First-tier Tribunal]] may determine.

(3) In any case in which an [F93 immigration officer or [F91 the First-tier Tribunal]] has power under this paragraph to release a person on bail, the [F93 officer or [F91 the First-tier Tribunal]] may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the [F93 officer or [F91 the First-tier Tribunal]] ; and on the recognizance or bail bond being so taken the person to be bailed shall be released.

[F94 (4) A person must not be released on bail in accordance with this paragraph without the consent of the Secretary of State if—

(a) directions for the removal of the person from the United Kingdom are for the time being in force, and

(b) the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.]

Textual Amendments

F89 Sch. 2 para. 22(1)(1A)(1B) substituted (1.9.1996) for para. 22(1) by 1996 c. 49, s. 12(1), Sch. 2 para. 11(1); S.I. 1996/2053, art. 2, Sch. Pt. II

F90 Sch. 2 para. 22(1)(aa) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 63; S.I. 2000/168, art. 2, Sch

F91 Words in Sch. 2 para. 22(1A)(2)(3) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F92 Words in Sch. 2 para. 22(2) substituted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 11(2); S.I. 1996/2053, art. 2, Sch. Pt. II

F93 Words in Sch. 2 para. 22(3) substituted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 11(3); S.I. 1996/2053, art. 2, Sch. Pt. II

F94 Sch. 2 para. 22(4) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 7(2), 75(3); S.I. 2014/1820, art. 3(f)

Modifications etc. (not altering text)

C55 Sch. 2 para. 22 modified (retrospectively and temp.) by Immigration Act 2016 (c. 19), ss. 61(3)-(5), 94(3) (with s. 61(6))

C56 Sch. 2 para. 22 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 1; S.I. 1998/1892, art. 2

C57 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 22 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C58 Sch. 2 paras. 22-25 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(i) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C59 Sch. 2 para. 22(1A)(2)(3) applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(a), 127(2)

23 (1) Where a recognizance entered into under paragraph 22 above appears to [F95 the First-tier Tribunal] to be forfeited, [F95 the First-tier Tribunal] may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as [F95 the First-tier Tribunal] thinks fit; and an order under this sub-paragraph shall specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction, and— U.K.

(a) the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified; and

(b) the [F95 the First-tier Tribunal] shall, as soon as practicable, give particulars of the recognizance to the [F96 proper officer] of that court.

[F97 (1A) In sub-paragraph (1) “proper officer” means—

(a) in relation to a magistrates’ court in England and Wales, the [F98 designated officer] for the court; and

(b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]

(2) Where a person released on bail under paragraph 22 above as it applies in Scotland fails to comply with the terms of his bail bond, [F95 the First-tier Tribunal] may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by [F95 the First-tier Tribunal] to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.

(3) Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the [F99 purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being] due under a recognizance forfeited by such a court . . . F100

(4) Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M1 Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.

Textual Amendments

F95 Words in Sch. 2 para. 23(1)(2) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F96 Words in Sch. 2 para. 23(1)(b) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F97 Sch. 2 para. 23(1A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F98 Words in Sch. 2 para. 23(1A)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(2); S.I. 2005/910, art. 3(y)(bb)

F99 Words in Sch. 2 para. 23(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(3); S.I. 2005/910, art. 3(y)(bb)

F100 Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Modifications etc. (not altering text)

C58 Sch. 2 paras. 22-25 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(i) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C60 Sch. 2 para. 23 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 2; S.I. 1998/1892, art. 2

Sch. 2 para. 23 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 para. 23 applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(b), 127(2)

C61 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Marginal Citations

M1 1954 c. 9 (N.I.)

24 (1) An immigration officer or constable may arrest without warrant a person who has been released by virtue of paragraph 22 above— U.K.

(a) if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or

(b) if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;

and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.

(2) A person arrested under this paragraph—

(a) if not required by a condition on which he was released to appear before an immigration officer within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before [F101 the First-tier Tribunal] or, if that is not practicable within those twenty-four hours, before [F102 in England and Wales, a justice of the peace, in Northern Ireland,] a justice of the peace F103 ... or, in Scotland, the sheriff; and

(b) if required by such a condition to appear within those twenty-four hours before an immigration officer, shall be brought before that officer.

(3) [F104 Where a person is brought before [F105 the First-tier Tribunal], a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff]—

(a) if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—

(i) direct that he be detained under the authority of the person by whom he was arrested; or

(ii) release him, on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and

(b) if not of that opinion, shall release him on his original recognizance or bail.

Textual Amendments

F101 Words in Sch. 2 para. 24(2)(a) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F102 Words in Sch. 2 para. 24(2)(a) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(4); S.I. 2005/910, art. 3(y)(bb)

F103 Words in Sch. 2 para. 24(2)(a) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 64(3)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(l) (with art. 3)

F104 Words in Sch. 2 para. 24(3) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(3); S.I. 2005/565, art. 2 (with arts. 3-9)

F105 Words in Sch. 2 para. 24(3) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

Modifications etc. (not altering text)

C58 Sch. 2 paras. 22-25 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(i) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C62 Sch. 2 para. 24 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.3; S.I. 1998/1892, art.2

Sch. 2 para. 24 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 para. 24 applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(c), 127(2)

C63 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 24 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

[F106 25. [F107 (1)] Tribunal Procedure Rules [F108 must] make provision with respect to applications to the First-tier Tribunal under paragraphs 22 to 24 and matters arising out of such applications.] U.K.

[F109 (2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 22, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 22 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.]

Textual Amendments

F106 Sch. 2 para. 25 substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 3 (with Sch. 4)

F107 Sch. 2 para. 25(1): Sch. 2 para. 25 renumbered as Sch. 2 para. 25(1) (20.10.2014) by Immigration Act 2014 (c. 22), ss. 7(3)(a), 75(3); S.I. 2014/2771, art. 4(a)

F108 Word in Sch. 2 para. 25(1) substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 7(3)(b), 75(3); S.I. 2014/2771, art. 4(a)

F109 Sch. 2 para. 25(2) inserted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 7(3)(c), 75(3); S.I. 2014/2771, art. 4(a)

Modifications etc. (not altering text)

C58 Sch. 2 paras. 22-25 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(i) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

[F110 Entry and search of premises] U.K.

Textual Amendments

F110 Heading inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch

[F111 25A (1) This paragraph applies if— U.K.

(a) a person is arrested under this Schedule; or

(b) a person who was arrested [F112 other 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.

[F113 (6A) 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 [F114 mentioned in sub-paragraph (6AA)] , and

(b) any of the conditions in sub-paragraph (6B) is met, [F115 in 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.

[F116 (6AA) 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 [F117 mentioned 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.

[F118 (6BA) 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 [F119 sub-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 [F120 this paragraph] —

(a) may seize F121 ... any documents he finds which he has reasonable grounds for believing are relevant documents; F122 ...

F122 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F123 (7A) 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 [F124 sub-paragraph (7)(a)] does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.

[F125 (8A) An immigration officer may retain a document seized under [F126 this 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.]

Textual Amendments

F111 Sch. 2 para. 25A inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F112 Words in Sch. 2 para. 25A(1)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(2); S.I. 2014/1820, art. 3(y)

F113 Sch. 2 paras. 25A(6A)-(6C) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(3); S.I. 2014/1820, art. 3(y)

F114 Words in Sch. 2 para. 25A(6A) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(2)(a); S.I. 2016/1037, reg. 5(k)

F115 Words in Sch. 2 para. 25A(6A)(b) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(2)(b); S.I. 2016/1037, reg. 5(k)

F116 Sch. 2 paras. 25A(6AA)-(6AD) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(3); S.I. 2016/1037, reg. 5(k)

F117 Words in Sch. 2 para. 25A(6b) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(4); S.I. 2016/1037, reg. 5(k)

F118 Sch. 2 paras. 25A(6BA) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(5); S.I. 2016/1037, reg. 5(k)

F119 Words in Sch. 2 para. 25A(6C) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(6); S.I. 2016/1037, reg. 5(k)

F120 Words in Sch. 2 para. 25A(7) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(a); S.I. 2014/1820, art. 3(y)

F121 Words in Sch. 2 para. 25A(7)(a) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(b); S.I. 2014/1820, art. 3(y)

F122 Sch. 2 para. 25A(7)(b) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(c); S.I. 2014/1820, art. 3(y)

F123 Sch. 2 paras. 25A(7A)-(7C) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(4)(a), 94(1); S.I. 2016/603, reg. 3(g)

F124 Words in Sch. 2 para. 25A(8) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(4)(b), 94(1); S.I. 2016/603, reg. 3(g)

F125 Sch. 2 para. 25A(8A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(5); S.I. 2014/1820, art. 3(y)

F126 Words in Sch. 2 para. 25A(8A) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(4)(c), 94(1); S.I. 2016/603, reg. 3(g)

Modifications etc. (not altering text)

C64 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

[F127 Searching persons arrested by immigration officers] U.K.

Textual Amendments

F127 Heading inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch

[F128 25B (1) This paragraph applies if a person is arrested under this Schedule. U.K.

(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.

[F129 (8A) 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.]

Textual Amendments

F128 Sch. 2 para. 25B inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F129 Sch. 2 paras. 25B(8A)-(8D) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(5), 94(1); S.I. 2016/603, reg. 3(g)

Modifications etc. (not altering text)

C64 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

[F130 Searching persons in police custody] U.K.

Textual Amendments

F130 Heading inserted (14.2.2000) by 1999 c. 33, s. 135(2); S.I. 2000/168, art. 2, Sch

[F131 25C (1) This paragraph applies if a person— U.K.

(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).]

Textual Amendments

F131 Sch. 2 para. 25C inserted (14.2.2000) by 1999 c. 33, s. 135(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C64 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

[F132 Access and copying] U.K.

Textual Amendments

F132 Heading inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch

[F133 25D (1) If a person showing himself— U.K.

(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.]

Textual Amendments

F133 Sch. 2 para. 25D inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C64 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

[F134 25E U.K. Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.]

Textual Amendments

F134 Sch. 2 para. 25E inserted (14.2.2000) by 1999 c. 33, s. 139; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C64 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

Supplementary duties of those connected with ships or aircraft or with ports U.K.

26 (1) 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 F135 . . . , or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be [F136 British citizens]. U.K.

[F137 (1A) 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.

[F138 (3A) 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.]

Textual Amendments

F135 Words in Sch. 2 para. 26(1) repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 64(1)(2), Sch. 16; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F136 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F137 Sch. 2 para. 26(1A) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 64(1)(3); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F138 Sch. 2 para. 26(3A) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 64(1)(4); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C65 Sch. 2 para. 26(1) amended (17.2.2003 for certain purposes and 1.4.2003 otherwise) by 1999 c. 33, s. 25(4)(a); S.I. 2003/2, art. 2, Sch.

27 (1) The captain of a ship or aircraft arriving in the United Kingdom— U.K.

(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.

[F139 (2) The Secretary of State may by order require, or enable an immigration officer to require, a responsible person in respect of a ship or aircraft to supply—

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

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

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

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

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

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

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

(e) to specified ships or specified aircraft.

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

(a) the owner or agent, and

(b) the captain.

(5) An order under sub-paragraph (2)—

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

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

[F140 (ba) 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.]

Textual Amendments

F139 Sch. 2 para. 27(2)-(5) substituted (5.11.2007 for certain purposes and 1.3.2008 otherwise) for Sch. 2 para. 27(2) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 31(2), 62; S.I. 2007/3138, arts. 2(d), 3(b) (as amended by S.I. 2007/3580, art. 2)

F140 Sch. 2 para. 27(5)(ba) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(2)

[F141 Supplementary duties of the Concessionaires] U.K.

Textual Amendments

F141 Sch. 2 para. 27A inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 13

F142 27A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142 Sch. 2 para. 27A repealed (2.8.1993) by S.I. 1993/1813, art. 9, 1, Sch. 6 Pt.I

[F143 Passenger information] U.K.

Textual Amendments

F143 Heading inserted (3.4.2000) by 1999 c. 33, s. 18; S.I. 2000/464, art. 2, Sch.

[F144 27B (1) This paragraph applies to ships or aircraft— U.K.

(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.

(2) If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information [F145 or service information], the carrier must provide that information to the officer.

(3) The officer may ask for passenger information [F145 or 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 [F145 or service information] in relation to the ship or aircraft concerned; or

(b) particular passenger information [F145 or 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.

[F146 (8A) 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.

[F147 (9A) “Service information” means such information relating to the voyage or flight undertaken by the ship or aircraft as may be specified.]

(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.]

Textual Amendments

F144 Sch. 2 para. 27B inserted (3.4.2000) by 1999 c. 33, s. 18; S.I. 2000/464, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F145 Words in Sch. 2 para. 27B inserted (5.11.2007 for certain purposes and 1.3.2008 otherwise) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 31(3)(a), 62; S.I. 2007/3138, arts. 2(d), 3(b) (as amended by S.I. 2007/3580, art. 2)

F146 Sch. 2 para. 27B(8A) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(3)

F147 Sch. 2 para. 27B(9A) inserted (5.11.2007 for certain purposes and 1.3.2008 otherwise) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 31(3)(b), 62; S.I. 2007/3138, arts. 2(d), 3(b) (as amended by S.I. 2007/3580, art. 2)

[F148 27BA (1) The Secretary of State may make regulations requiring responsible persons in respect of ships or aircraft— U.K.

(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.

(2) The following information may be required under sub-paragraph (1)—

(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.

(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.

Textual Amendments

F148 Sch. 2 paras. 27BA, 27BB inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(4)

27BB (1) The Secretary of State may make regulations imposing penalties for failure to comply with— U.K.

(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.]

Textual Amendments

F148 Sch. 2 paras. 27BA, 27BB inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(4)

[F149 Notification of non-EEA arrivals] U.K.

Textual Amendments

F149 Heading inserted (3.4.2000) by 1999 c. 33, s. 19; S.I. 2000/464, art. 2, Sch.

F150 27C U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F150 Sch. 2 para. 27C omitted (12.2.2015) by virtue of Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(5)

Part II U.K. Effect of Appeals

Modifications etc. (not altering text)

C66 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 U.K.

F151 28 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151 Sch. 2 para. 28 repealed (2.10.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 65, Sch. 16; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Modifications etc. (not altering text)

C67 Sch. 2 para. 28 continued (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4, Sch. 2 para. 2(10)(a)

Grant of bail pending appeal U.K.

29 (1) Where a person (in the following provisions of this Schedule referred to as “an appellant”) has an appeal pending under [F152 Part 5 of the Nationality, Immigration and Asylum Act 2002] and is for the time being detained under Part I of this Schedule, he may be released on bail in accordance with this paragraph [F153 (and paragraph 22 does not apply)]. U.K.

(2) An immigration officer not below the rank of chief immigration officer or a police officer not below the rank of inspector may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before [F154 the First-tier Tribunal] at a time and place named in the recognizance or bail bond.

(3) [F155 the First-tier Tribunal] may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before [F156 the Tribunal] or the [F157 Immigration Appeal Tribunal] at a time and place named in the recognizance or bail bond; F158 . . .

(4) F159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the person fixing the bail to be likely to result in the appearance of the appellant at the time and place named; and any recognizance shall be with or without sureties as that person may determine.

(6) In any case in which [F160 the First-tier Tribunal] has power or is required by this paragraph to release an appellant on bail, [F161 the Tribunal] may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by [F162 the Tribunal]; and on the recognizance or bail bond being so taken the appellant shall be released.

Textual Amendments

F152 Words in Sch. 2 para. 29(1) substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 6(a) (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 2003/1339))

F153 Words in Sch. 2 para. 29(1) inserted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 7(4), 75(3); S.I. 2014/2771, art. 4(a)

F154 Words in Sch. 2 para. 29(2) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F155 Words in Sch. 2 para. 29(3) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F156 Words in Sch. 2 para. 29(3) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(4)(b)(ii); S.I. 2005/565, art. 2 (with arts. 3-9)

F157 Words in Sch. 2 para. 29 substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 6(b) (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 2003/1339))

F158 Words in Sch. 2 para. 29(3) omitted (4.4.2005) by virtue of and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, Sch. 2 para. 1(4)(b)(iii), Sch. 4; S.I. 2005/565, art. 2 (with arts. 3-9)

F159 Sch. 2 para. 29(4) omitted (4.4.2005) by virtue of and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, Sch. 2 para. 1(4)(c), Sch. 4; S.I. 2005/565, art. 2 (with arts. 3-9)

F160 Words in Sch. 2 para. 29(6) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

F161 Words in Sch. 2 para. 29(6) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(4)(d)(ii); S.I. 2005/565, art. 2 (with arts. 3-9)

F162 Words in Sch. 2 para. 29(6) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(4)(d)(iii); S.I. 2005/565, art. 2 (with arts. 3-9)

Modifications etc. (not altering text)

C68 Sch. 2 para. 29 modified (retrospectively and temp.) by Immigration Act 2016 (c. 19), ss. 61(3)-(5), 94(3) (with s. 61(6))

C69 Sch. 2 para. 29 amended (1.9.1996) by 1996 c. 49, s. 3(6); S.I. 1996/2053, art. 2, Sch. Pt. II

Sch. 2 para. 29 applied (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(6)(7) (as substituted (1.4.2003) for reg. 34(6)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

Sch. 2 para. 29 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 4; S.I. 1998/1892, art. 2

C70 Sch. 2 para. 29(1) excluded (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4, Sch. 2 para. 2(10)(b)(i)

C71 Words in Sch. 2 para. 29(1) inserted by 1997 c. 68, Sch. 3 para. 4(1A) (as inserted) (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 10(3); S.I. 2014/1820, art. 3(cc)

C72 Sch. 2 para. 29(5)(6) applied (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para. 3; S.I. 1996/2053, art. 2, Sch. Pt. II)

Restrictions on grant of bail U.K.

30 (1) An appellant shall not be released under paragraph 29 above without the consent of the Secretary of State if[F163 — U.K.

(a)] directions for the removal of the appellant from the United Kingdom are for the time being in force, [F164 and

(b) the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.]

(2) Notwithstanding paragraph 29(3) or (4) above, [F165 the Tribunal] shall not be obliged to release an appellant unless the appellant enters into a proper recognizance, with sufficient and satisfactory sureties if required, or in Scotland sufficient and satisfactory bail is found if so required; and [F165 the Tribunal] shall not be obliged to release an appellant if it appears to [F166 the Tribunal]—

(a) that the appellant, having on any previous occasion been released on bail (whether under paragraph 24 or under any other provision), has failed to comply with the conditions of any recognizance or bail bond entered into by him on that occasion;

(b) that the appellant is likely to commit an offence unless he is retained in detention;

(c) that the release of the appellant is likely to cause danger to public health;

(d) that the appellant is suffering from mental disorder and that his continued detention is necessary in his own interests or for the protection of any other person; or

(e) that the appellant is under the age of seventeen, that arrangements ought to be made for his care in the event of his release and that no satisfactory arrangements for that purpose have been made.

Textual Amendments

F163 Hyphen and sub-para ref "(a)" in Sch. 2 para. 30(1) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 7(5)(a), 75(3); S.I. 2014/1820, art. 3(f)

F164 Sch. 2 para. 30(1)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 7(5)(b), 75(3); S.I. 2014/1820, art. 3(f)

F165 Words in Sch. 2 para. 30 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(a); S.I. 2005/565, art. 2 (with arts. 3-9)

F166 Words in Sch. 2 para. 30 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(c); S.I. 2005/565, art. 2 (with arts. 3-9)

Modifications etc. (not altering text)

C73 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Sch. 2 para. 30 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.5; S.I. 1998/1892, art.2

C74 Sch. 2 para. 30(1) applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(d), 127(2)

Forfeiture of recognizances U.K.

31 (1) Where under paragraph 29 above (as it applies in England and Wales or in Northern Ireland) a recognizance is entered into conditioned for the appearance of an appellant before [F167 the Tribunal] , and it appears to [F168 the Tribunal] , to be forfeited, [F169 the Tribunal] may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as [F169 the Tribunal] thinks fit. U.K.

(2) An order under this paragraph shall, for the purposes of this sub-paragraph, specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified.

(3) Where [F167 the Tribunal] makes an order under this paragraph [F169 the Tribunal] shall, as soon as practicable, give particulars of the recognizance to the [F170 proper officer] of the court specified in the order in pursuance of sub-paragraph (2) above.

[F171 (3A) In sub-paragraph (3) “proper officer” means—

(a) in relation to a magistrates’ court in England and Wales, the [F172 designated officer] for the court; and

(b) in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]

(4) Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the [F173 purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being] due under a recognizance forfeited by such a court . . . F174

(5) Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M2 Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.

Textual Amendments

F167 Words in Sch. 2 para. 31 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(b); S.I. 2005/565, art. 2 (with arts. 3-9)

F168 Words in Sch. 2 para. 31 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(c); S.I. 2005/565, art. 2 (with arts. 3-9)

F169 Words in Sch. 2 para. 31 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(d); S.I. 2005/565, art. 2 (with arts. 3-9)

F170 Words in Sch. 2 para. 31(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(4) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F171 Sch. 2 para. 31(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(5) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F172 Words in Sch. 2 para. 31(3A)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(2); S.I. 2005/910, art. 3(y)(bb)

F173 Words in Sch. 2 para. 31(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(3); S.I. 2005/910, art. 3(y)(bb)

F174 Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Modifications etc. (not altering text)

C75 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para. 3; S.I. 1996/2053, art. 2, Sch. Pt. II)

Sch. 2 para. 31 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 6; S.I. 1998/1892, art. 2

Marginal Citations

M2 1954 c. 9 (N.I.)

32 U.K. Where under paragraph 29 above (as it applies in Scotland) a person released on bail fails to comply with the terms of a bail bond conditioned for his appearance before [F175 the Tribunal] , [F176 the Tribunal] may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by [F177 the Tribunal] to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.

Textual Amendments

F175 Words in Sch. 2 para. 32 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(b); S.I. 2005/565, art. 2 (with arts. 3-9)

F176 Words in Sch. 2 para. 32 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(d); S.I. 2005/565, art. 2 (with arts. 3-9)

F177 Words in Sch. 2 para. 32 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(e); S.I. 2005/565, art. 2 (with arts. 3-9)

Modifications etc. (not altering text)

C76 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Sch. 2 para. 32 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.7; S.I. 1998/1892, art.2

Arrest of appellants released on bail U.K.

33 (1) An immigration officer or constable may arrest without warrant a person who has been released by virtue of this Part of this Schedule— U.K.

(a) if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or

(b) if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;

and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.

(2) A person arrested under this paragraph—

(a) if not required by a condition on which he was released to appear before [F178 the Tribunal] within twenty-four hours after the time of his arrest, shall as soon as practicable be brought [F179 before the Tribunal] or, if that is not practicable within those twenty-four hours, before [F180 in England and Wales, a justice of the peace, in Northern Ireland,] a justice of the peace F181 ... or, in Scotland, the sheriff; and

(b) if required by such a condition to appear within those twenty-four hours [F182 before the Tribunal] , shall be brought [F183 before it] .

(3) [F184 Where a person is brought before [F185 the First-tier Tribunal] , a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff]—

(a) if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—

(i) direct that he be detained under the authority of the person by whom he was arrested; or

(ii) release him on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and

(b) if not of that opinion, shall release him on his original recognizance or bail.

Textual Amendments

F178 Words in Sch. 2 para. 33 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(f); S.I. 2005/565, art. 2 (with arts. 3-9)

F179 Words in Sch. 2 para. 33(2)(a) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(6)(a); S.I. 2005/565, art. 2 (with arts. 3-9)

F180 Words in Sch. 2 para. 33(2)(a) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(4); S.I. 2005/910, art. 3(y)(bb)

F181 Words in Sch. 2 para. 33(2)(a) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 64(3)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(l) (with art. 3)

F182 Words in Sch. 2 para. 33 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(5)(g); S.I. 2005/565, art. 2 (with arts. 3-9)

F183 Words in Sch. 2 para. 33(2)(b) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(6)(b); S.I. 2005/565, art. 2 (with arts. 3-9)

F184 Words in Sch. 2 para. 33(2)(c) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(6)(c); S.I. 2005/565, art. 2 (with arts. 3-9)

F185 Words in Sch. 2 para. 33(3) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 2 (with Sch. 4)

Modifications etc. (not altering text)

C77 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Sch. 2 para. 33 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.8; S.I. 1998/1892, art.2

[F186 33A (1) Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under paragraphs 29 to 33 and matters arising out of such applications. U.K.

(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 29, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 29 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.]

Textual Amendments

F186 Sch. 2 para. 33A inserted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 7(6), 75(3); S.I. 2014/2771, art. 4(a)

F187 [Grant of bail pending removal U.K.

Textual Amendments

F187 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

F188 34 (1) Paragraph 22 above shall apply in relation to a person— U.K.

(a) directions for whose removal from the United Kingdom are for the time being in force; and

(b) who is for the time being detained under Part I of this Schedule,

as it applies in relation to a person detained under paragraph 16(1) above pending examination [F189 , detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter]]or detained under paragraph 16(2) above pending the giving of directions.

(2) Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.

Textual Amendments

F188 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

F189 Words in Sch. 2 para. 34(1) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 67; S.I. 2000/168, art. 2, Sch