The Immigration (Entry Otherwise than by Sea or Air) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order extends paragraphs 8, 9 and 11 of Schedule 2 to the Immigration Act 1971. Paragraphs 8, 9 and 11 permit immigration officers to give directions for the removal of persons refused leave to enter the United Kingdom and of illegal entrants to the United Kingdom and allow the Secretary of State to give directions as well as immigration officers. These provisions previously only applied to persons who had arrived in the United Kingdom by ship or aircraft and this Order applies them also to persons who have arrived otherwise than by ship or aircraft.

Article 2 provides that the relevant provisions apply where a person travelling from the Republic of Ireland who would not normally require leave to enter the United Kingdom does require such leave by virtue of section 9(4) of the Immigration Act 1971 or by virtue of article 3 of the Immigration (Control of Entry through Republic of Ireland) Order 1972 (S.I. 1972/1613). The relevant provisions are also applied in relation to a person in respect of whom a deportation order is in force.

Article 3 states that the Order will give power to remove all illegal entrants, regardless of when they entered the United Kingdom. However, where a person has not entered illegally but falls to be removed because he has been refused leave to enter, the Order will not give power to remove him unless he entered on or after the day the Order comes into force.

The Schedule sets out the modifications with which the paragraphs are to be extended. These modifications mean that those liable to removal may be removed in trains or vehicles as well as ships and aircraft. In addition, the modifications have the result that the cost of all removals under Schedule 2 are met by the Secretary of State, rather than the owner or agent of the vehicle, train, ship or aircraft.