PART 4

Aviation, shipping and rail

Authority-to-carry schemes
22
1
The Secretary of State may make one or more schemes requiring a person (a “carrier”) to seek authority from the Secretary of State to carry persons on aircraft, ships or trains which are—
a
arriving, or expected to arrive, in the United Kingdom, or
b
leaving, or expected to leave, the United Kingdom.
A scheme made under this section is called an “authority-to-carry scheme”.
2
An authority-to-carry scheme must specify or describe—
a
the classes of carrier to which it applies (which may be all carriers or may be defined by reference to the method of transport or otherwise),
b
the classes of passengers or crew in respect of whom authority to carry must be sought (which may be all of them or may be defined by reference to nationality, the possession of specified documents or otherwise), and
c
the classes of passengers or crew in respect of whom authority to carry may be refused.
3
An authority-to-carry scheme may specify or describe a class of person under subsection (2)(c) only if it is necessary in the public interest.
4
The Secretary of State may make different authority-to-carry schemes for different purposes and in particular may make different schemes for different types of carrier, journey or person.
5
An authority-to-carry scheme must set out the process for carriers to request, and for the Secretary of State to grant or refuse, authority to carry, which may include—
a
a requirement for carriers to provide specified information on passengers or crew by a specified time before travel;
b
a requirement for carriers to provide the information in a specified manner and form;
c
a requirement for carriers to be able to receive, in a specified manner and form, communications from the Secretary of State relating to the information provided or granting or refusing authority to carry.
6
Information specified under subsection (5)(a) may be information that can be required to be supplied under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971, section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 or otherwise.
7
The grant or refusal of authority under an authority-to-carry scheme does not determine whether a person is entitled or permitted to enter the United Kingdom.
8
So far as it applies in relation to Scotland, an authority-to-carry scheme may be made only for purposes that are, or relate to, reserved matters (within the meaning of the Scotland Act 1998).
9
So far as it applies in relation to Northern Ireland, an authority-to-carry scheme may be made only for purposes that are, or relate to, excepted or reserved matters (within the meaning of the Northern Ireland Act 1998).
10
In the Nationality, Immigration and Asylum Act 2002 omit section 124 (authority to carry).