The Immigration Control (Charges) (Basic Service) Regulations 2003

Statutory Instruments

2003 No. 1502

IMMIGRATION

The Immigration Control (Charges) (Basic Service) Regulations 2003

Made

6th June 2003

Laid before Parliament

10th June 2003

Coming into force

30th June 2003

The Secretary of State, in exercise of the powers conferred on him by section 26(4) of the Immigration and Asylum Act 1999(1), having regard to the meaning of “prescribed” in section 167(1) of that Act, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Immigration Control (Charges) (Basic Service) Regulations 2003 and shall come into force on 30th June 2003.

Interpretation

2.  In these Regulations—

“immigration control” means the exercise of any functions of the Secretary of State and of immigration officers under the Immigration Acts, within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002(2); and

“immigration control front” means a line or area of desks or facilities which marks the place within an area designated under paragraph 26(3) of Schedule 2 to the Immigration Act 1971(3) where immigration control is undertaken.

Meaning of basic service

3.—(1) For the purposes of section 26(1)(a) of the Immigration and Asylum Act 1999, “basic service” means the provision of an adequate number of immigration officers or facilities (if any are needed), having regard to the factors relevant to the carrying out of effective immigration control at an immigration control front at that control port.

(2) For the purposes of paragraph (1)—

(a) the factors relevant to the carrying out of effective immigration control include the number of persons arriving in the United Kingdom at the control port in question and the extent to which persons arriving at that control port would be likely to be granted or refused leave to enter the United Kingdom; and

(b) the immigration officers or facilities in question may be located at the immigration control front or elsewhere at the control port.

Beverley Hughes

Minister of State

Home Office

6th June 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the meaning of “basic service” for the purposes of section 26 of the Immigration and Asylum Act 1999.

(1)

1999 c. 33.

(2)

2002 c. 41.

(3)

1971 c. 77.