Aliens Restriction (Amendment) Act 1919

1919 CHAPTER 92 9 and 10 Geo 5

An Act to continue and extend the provisions of the Aliens Restriction Act, 1914.

[23rd December 1919]

Modifications etc. (not altering text)

C1 Act amended by British Nationality Act 1948 (c. 56), s. 3 (3)

C2 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C3 In this enactment “alien” in relation to any time after the beginning of 1.1.1983 is defined by British Nationality Act 1981 (c. 61, SIF 87), s. 51 (4)

Commencement Information

I1 Act in force at Royal Assent

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 1, 2 (1) repealed by Immigration Act 1971 (c. 77), s. 34 (1), Sch. 6

2

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F2 Ss. 1, 2 (1) repealed by Immigration Act 1971 (c. 77), s. 34 (1), Sch. 6

F3 Ss. 2 (2), 7 repealed by Statute Law (Repeals) Act 1971 (c. 52), Sch. Pt. V

Further Restrictions of Aliens U.K.

3 Incitement to sedition, &c. U.K.

(1) If any alien attempts or does any act calculated or likely to cause sedition or disaffection amongst any of His Majesty’s Forces or the forces of His Majesty’s allies, or amongst the civilian population, he shall be liable on conviction on indictment to penal servitude for a term not exceeding ten years, or on summary conviction to imprisonment for a term not exceeding three months.

(2) If any alien promotes or attempts to promote industrial unrest in any industry in which he has not been bona fide engaged for at least two years immediately preceding in the United Kingdom, he shall be liable on summary conviction to imprisonment for a term not exceeding three months.

Modifications etc. (not altering text)

C4 S. 3 (1) amended as to penal servitude (E.W.) (S.) by Criminal Justice Act 1948 (c. 58), s. 1(1) and (N.I.) by Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1 (1)

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 4 repealed by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 52 (2), Sch. 7 Pt. II

5 Employment of aliens in ships of the mercantile marine. U.K.

(1) No alien shall act as master, chief officer, or chief engineer of a British merchant ship registered in the United Kingdom, or as skipper or second hand of a fishing boat registered in the United Kingdom, except in the case of a ship or boat employed habitually in voyages between ports outside the United Kingdom:

Provided that this prohibition shall not apply to any alien who has acted as a master, chief officer, or chief engineer of a British ship, or as skipper or second hand of a British fishing boat, at any time during the war, and is certified by the Admiralty to have performed good and faithful service in that capacity.

(2) No alien shall be employed in any capacity on board a British ship registered in the United Kingdom at a rate of pay less than the standard rate of pay for the time being current on British ships for his rating:

Provided that, where the Board of Trade are satisfied that aliens of any particular race . . . F5 are habitually employed afloat in any capacity, or in any climate, for which they are specially fitted, nothing in this section shall prejudice the right of aliens of such race to be employed upon British ships at rates of pay which are not below those for the time being fixed as standard rates for British subjects of that race.

(3) No alien shall be employed in any capacity on board a British ship registered in the United Kingdom unless he has produced to the officer before whom he is engaged satisfactory proof of his nationality.

(4) Any person who engages an alien for employment on a British ship in contravention of the provisions of this section shall be guilty of an offence under this Act.

Textual Amendments

F5 Words repealed by Former Enemy Aliens (Disabilities Removal) Act 1925 (c. 43), Sch. 2

Modifications etc. (not altering text)

C5 Certain functions of Admiralty now exercisable by a Secretary of State: Defence (Transfer of Functions) Act 1964 (c. 15), s. 1 (2)

C6 Functions of Board of Trade under s. 5 (2) now exercisable by the Secretary of State: S.I. 1939/1470, art. 1 (a), 1941/654, art. 2, 1946/375, art. 2 (1), 1965/145, art. 2, 1970/1537, arts. 2 (1) (a), 7 (4) and 1983/1127, art. 2 (4)

6 Appointment of aliens to the Civil Service. U.K.

After the passing of this Act no alien shall be appointed to any office or place in the Civil Service of the State.

Modifications etc. (not altering text)

C7 S. 6 amended by Aliens' Employment Act 1955 (4 & 5 Eliz. 2 c. 18), s. 1 (1)

S. 6 excluded by S.I. 1991/1221, art. 3

[7] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 U.K.

Textual Amendments

F6 Ss. 2 (2), 7 repealed by Statute Law (Repeals) Act 1971 (c. 52), Sch. Pt. V

F7 F8 F9 8 Provisions as to aliens on juries. U.K.

No alien shall sit upon a jury in any judicial or other proceedings if challenged by any party to such proceedings.

Textual Amendments

F7 S. 8 repealed (E.W.) (prosp.) by Criminal Justice Act 1972 (c.71), Sch. 6 Pt. I

F8 s.8 repealed (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55,SIF 72:2), s.28(2), Sch. 3

F9 s. 8 repealed (N.I.) by S.I.1974/2143, art. 9(2), Sch. 5

9—11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 U.K.

Textual Amendments

F10 Ss. 9–11 repealed by Statute Law Revision Act 1927 (c. 42)

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 U.K.

Textual Amendments

F11 S. 12 repealed by Former Enemy Aliens (Disabilities Removal) Act 1925 (c. 43), Sch. 2

General U.K.

13 Offences and penalties. U.K.

(1) If any person acts in contravention of or fails to comply with the provisions of this Act . . . F12 , he shall be guilty of an offence against this Act.

(2) If any person aids or abets any person in any contravention of this Act or knowingly harbours any person whom he knows or has reasonable ground for believing to have acted in contravention of this Act, he shall be guilty of an offence against this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(4) A person who is guilty of an offence against this Act shall be liable on summary conviction to a fine not exceeding [F14 Level 3 on the standard scale][F14 one hundred pounds] or to imprisonment, [F15 with or without hard labour], for a term not exceeding six months, or, on a second or subsequent conviction, twelve months, or, in either case, to both such fine and imprisonment.

Textual Amendments

F12 Words repealed by Statute Law (Repeals) Act 1975 (c. 10), s. 1, Sch. Pt. XIII

F13 Ss. 13 (3), 14 (1) repealed by Immigration Act 1971 (c. 77), s. 34 (1), Sch. 6

F14 Words beginning “level 3”substituted (S.) for words beginning “one”by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F15 Words repealed (N.I.) by Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1 (2)

Modifications etc. (not altering text)

C8 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

C9 Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (in relation to liability on first and subsequent convictions), applies (S.)

C10 S. 13(4) amended as to imprisonment with hard labour (E.W.)(S.) by Criminal Justice Act 1948 (c. 58), s. 1 (2)

14

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F16 Ss. 13 (3), 14 (1) repealed by Immigration Act 1971 (c. 77), s. 34 (1), Sch. 6

F17 Ss. 14 (2), 15, 16 (2) repealed by Statute Law (Repeals) Act 1971 (c. 52), Sch. Pt. V

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 U.K.

Textual Amendments

F18 Ss. 14 (2), 15, 16 (2) repealed by Statute Law (Repeals) Act 1971 (c. 52), Sch. Pt. V

16 †Short title and repeal. U.K.

(1) This Act may be cited as the Aliens Restriction (Amendment) Act, 1919, and the principal Act and this Act may be cited together as the Aliens Restriction Acts, 1914 and 1919.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 Ss. 14 (2), 15, 16 (2) repealed by Statute Law (Repeals) Act 1971 (c. 52), Sch. Pt. V

Modifications etc. (not altering text)

C11 Unreliable marginal note