The Immigration (Hotel Records) Order 1972

Statutory Instruments

1972 No. 1689

IMMIGRATION

The Immigration (Hotel Records) Order 1972

Made

7th November 1972

Laid before Parliament

17th November 1972

Coming into Operation

1st January 1973

In exercise of the powers conferred upon me by section 4(4) of the Immigration Act 1971, I hereby make the following Order:—

Citation and commencement

1.  This Order may be cited as the Immigration (Hotel Records) Order 1972 and shall come into operation on 1st January 1973.

Interpretation and transitional provisions

2.—(1) In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“alien” has the same meaning as in the British Nationality Act 1948;

“certificate of registration” means a certificate issued, or treated as issued, in pursuance of regulations from time to time in force under section 4(3) of the Immigration Act 1971;

“keeper”, in relation to any premises, includes any person who for reward receives any other person to stay in the premises, whether on his own behalf or as manager or otherwise on behalf of any other person;

“nationality” includes the status of a stateless alien;

“stay” means lodge or sleep, for one night or more, in accommodation provided for reward.

(2) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

(3) Any information required by this Order to be given by or to any person may be given by or to any other person acting on his behalf.

(4) Anything done under, or for the purposes of, Article 19 of the Aliens Order 1953(1), as amended(2), shall have effect as if done under, or for the purposes of, this Order and, in particular, any information given or record maintained under or for the purposes of the said Article 19 shall be treated as if it had been given or maintained under, or for the purposes of, this Order.

Application of Order

3.  This Order shall apply in the case of any hotel or other premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided for reward, not being premises certified by the chief officer of police of the area in which they are situate to be occupied for the purposes of a school, hospital, club or other institution or association.

Provision of information by visitors

4.—(1) Every person of or over the age of 16 years who stays at any premises to which this Order applies shall, on arriving at the premises, inform the keeper of the premises of his full name and nationality.

(2) Every such person who is an alien shall also—

(a) on arriving at the premises, inform the keeper of the premises of the number and place of issue of his passport, certificate of registration or other document establishing his identity and nationality; and

(b) on or before his departure from the premises, inform the keeper of the premises of his next destination and, if it is known to him, his full address there.

Records to be maintained by keeper of premises

5.  The keeper of any premises to which this Order applies shall—

(a) require all persons of or over the age of 16 years who stay at the premises to comply with their obligations under the foregoing Article; and

(b) keep for a period of at least 12 months a record in writing of the date of arrival of every such person and of all information given to him by any such person in pursuance of the foregoing Article;

and every record shall at all times be open to inspection by any constable or by any person authorised by the Secretary of State.

Robert Carr

One of Her Majesty's Principal Secretaries of State

Home Office

Whitehall

7th November 1972

EXPLANATORY NOTE

This Order makes provision, in connection with the Immigration Act 1971, as respects the records to be kept of persons staying at hotels and similar premises. The provision made corresponds to that in Article 19 of the Aliens Order 1953 as amended, which ceases to have effect on the coming into operation of the Act of 1971. Article 2(4) makes transitional provision.

(1)

(1953 I, p. 94).

(2)

The relevant amending instrument is S.I. 1957/597 (1957 I, p. 142).