Immigration Act 1971

1971 CHAPTER 77

An Act to amend and replace the present immigration laws, to make certain related changes in the citizenship law and enable help to be given to those wishing to return abroad, and for purposes connected therewith.

[28th October 1971]

Modifications etc. (not altering text)

C1 Act amended by Immigration Act 1988 (c. 14, SIF 62), s. 7(3)

Act amended (2.10.2000) by S.I. 2000/2326, reg. 8 (with regs. 9, 28) (which S.I. was revoked (with saving) (30.4.2006) by S.I. 2006/1003, reg. 31, Sch. 3 (with Sch. 4))

Act amended (2.10.2000) by 1999 c. 33, s. 59; S.I. 2000/2444, art. 2, Sch. (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Act amended (2.10.2000) by 1999 c. 33, s. 65(1); S.I. 2000/2444, art. 2, Sch. (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Act amended (2.10.2000) by 1999 c. 33, ss. 69, 70; S.I. 2000/2444, art. 2, Sch. (subject to transitional provisions in art. 3, Sch. 2 para. 2)

C2 Act excluded (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6); S.I. 1991/1072, art. 2, Sch. Pt. I

C3 Act modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(a); S.I. 1991/1072, art. 2, Sch. Pt. I

Act modified (7.7.2000) by S.S.I. 2000/200, art. 2(3)

Act modified (2.10.2000) by S.I. 2000/2326, regs. 24(2), 25(2) (with regs. 9, 28) (which S.I. was revoked (with saving) (30.4.2006) by S.I. 2006/1003, reg. 31, Sch. 3 (with Sch. 4))

Act modified (1.9.2001) by 2001 c. 17, s. 32(7) (with ss. 27(3), 39, 78); S.I. 2001/2161, art. 2

Act modified (18.7.2001) by S.I. 2001/2590, art. 4(2)

Act modified (25.2.2002) by S.I. 2002/195, reg. 2(3)

Act modified (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 30, Sch. 2 paras. 1, 2

C4 Act restricted (20.7.1994) by Immigration Act 1988 (c. 14, SIF 62), s. 7(1); S.I. 1994/1923, art. 2

Act restricted (2.10.2000) by S.I. 2000/2326, reg. 14 (with regs. 9, 28) (as amended (1.6.2002) by S.I. 2002/1241 reg. 2(3), Sch. para. 8) (S.I. 2000/2326 was revoked (with saving) (30.4.2006) by S.I. 2006/1003, reg. 31, Sch. 3 (with Sch. 4))

C5 Act extended (with modifications) by S.I. 1994/1405, art. 7 (the amendment coming into force in accordance with art. 1 of the amending S.I.) (as amended (2.1.2008) by S.I. 2007/3579, art. 3(c)); and as further amended (16.4.2015) by S.I. 2015/856, arts. 1, 6

Act extended (with modifications) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(a), Sch. 2 para. 1 (the amendment coming ino force in accordance with art. 1(2) of the amending S.I.)

C6 Act: power to amend conferred (10.2.2003 for certain purposes) by 1999 c. 33, s. 53; S.I. 2003/2, art. 2, Sch.

C7 Act applied (with modifications) (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987), art. 6, Sch. 2

C8 Act applied (1.8.2008 for certain purposes) by UK Borders Act 2007 (c. 30), ss. 36(4), 59; S.I. 2008/1818, art. 2(a), Sch.

C9 Act applied (prosp.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 133(7)(8), 153(7) (with Sch. 27 para. 36)

Commencement Information

I1 Act partly in force at Royal Assent see ss. 34(1), 35(1)-(3); Act wholly in force at 1 January 1973.

Part I U.K. Regulation of Entry into and Stay in United Kingdom

1 General principles. U.K.

(1) All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.

(2) Those not having that right may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act; and indefinite leave to enter or remain in the United Kingdom shall, by virtue of this provision, be treated as having been given under this Act to those in the United Kingdom at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).

(3) Arrival in and departure from the United Kingdom on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the United Kingdom on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the United Kingdom and those places, or such of them as are not so excluded, are collectively referred to as “the common travel area”.

(4) The rules laid down by the Secretary of State as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the United Kingdom.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 S. 1(5) repealed by Immigration Act 1988 (c. 14, SIF 62), s. 1

Modifications etc. (not altering text)

C10 S. 1 excluded by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) (SIF 39:2), s. 20(3)

C11 S. 1 excluded by S.I. 1972/1610, art. 3(2)

S. 1 restricted (19.2.2001) by 2000 c. 11, s. 53(3); S.I. 2001/421

[F2 2 Statement of right of abode in United Kingdom. U.K.

(1) A person is under this Act to have the right of abode in the United Kingdom if—

(a) he is a British citizen; or

(b) he is a Commonwealth citizen who—

(i) immediately before the commencement of the M1 British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii) has not ceased to be a Commonwealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and [F3 section 5(2)], shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen” shall be construed accordingly.]

Textual Amendments

F2 S. 2 substituted (1.1.1983) by British Nationality Act 1981 (c. 61), ss. 39(2), 52(7) (with Sch. 8 para. 8); S.I. 1982/933, art. 2 [Editorial note: According to the Chronological Table of the Statutes (1951-1987) (HMSO, 1989) there were no amendments made to s. 2 between the date of Royal Assent and its substitution on 1.1.1983 and therefore the text of s. 2(1)(d) and (2) as in force immediately before the commencement of the British Nationality Act 1981 is the same as that of the Original (As enacted) Version of this section.]

F3 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 3(3)

Modifications etc. (not altering text)

C12 Ss. 1-9, 11 extended (with modifications) (Guernsey) (1.8.1993) by The Immigration (Guernsey) Order 1993 (S.I. 1993/1796), arts. 1, 3(1), Sch. 1 Pt. 1

Marginal Citations

M1 1981 c. 61.

Yn ddilys o 16/06/2006

[F4 2A Deprivation of right of abode U.K.

(1) The Secretary of State may by order remove from a specified person a right of abode in the United Kingdom which he has under section 2(1)(b).

(2) The Secretary of State may make an order under subsection (1) in respect of a person only if the Secretary of State thinks that it would be conducive to the public good for the person to be excluded or removed from the United Kingdom.

(3) An order under subsection (1) may be revoked by order of the Secretary of State.

(4) While an order under subsection (1) has effect in relation to a person—

(a) section 2(2) shall not apply to him, and

(b) any certificate of entitlement granted to him shall have no effect.]

Textual Amendments

F4 S. 2A inserted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 57(1), 62; S.I. 2006/1497, art. 3, Sch.

3 General provisions for regulation and control. U.K.

(1) Except as otherwise provided by or under this Act, where a person is not [F5 a British citizen]—

(a) he shall not enter the United Kingdom unless given leave to do so in accordance with this Act;

(b) he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;

(c) if he is given a limited leave to enter or remain in the United Kingdom, it may be given subject to conditions restricting his employment or occupation in the United Kingdom, or requiring him to register with the police, or both.

(2) The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).

If a statement laid before either House of Parliament under this subsection is disapproved by a resolution of that House passed within the period of forty days beginning with the date of laying (and exclusive of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), then the Secretary of State shall as soon as may be make such changes or further changes in the rules as appear to him to be required in the circumstances, so that the statement of those changes be laid before Parliament at latest by the end of the period of forty days beginning with the date of the resolution (but exclusive as aforesaid).

(3) In the case of a limited leave to enter or remain in the United Kingdom,—

(a) a person’s leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and

(b) the limitation on and any conditions attached to a person’s leave [F6 (whether imposed originally or on a variation) shall], if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave.

(4) A person’s leave to enter or remain in the United Kingdom shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the United Kingdom in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.

(5) A person who is not [F5 a British citizen] shall be liable to deportation from the United Kingdom—

(a) if, having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave; or

(b) if the Secretary of State deems his deportation to be conducive to the public good; or

(c) if another person to whose family he belongs is or has been ordered to be deported.

(6) Without prejudice to the operation of subsection (5) above, a person who is not [F5 a British citizen] shall also be liable to deportation from the United Kingdom if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.

(7) Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on [F7 British citizens, British Dependent Territories citizens or British Overseas citizens] when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not [F5 British citizens] from embarking in the United Kingdom, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the United Kingdom; and Her Majesty may also make provision by Order in Council to enable those who are not [F5 British citizens] to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition.

Any Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) When any question arises under this Act whether or not a person is [F5 a British citizen], or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.

[F8 (9) A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of either—

(a) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or

(b) a certificate of entitlement issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode.]

Textual Amendments

F5 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

F6 Words in s. 3(3)(b) substituted (16.5.1991) by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 1

F7 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 4

F8 S. 3(9) substituted for s. 3(9) and (9A) by Immigration Act 1988 (c. 14, SIF 62), s. 3(1)

Modifications etc. (not altering text)

C13 S. 3 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para 1(2)(a)(b)

Yn ddilys o 14/02/2000

[F9 3A Further provision as to leave to enter. U.K.

(1) The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom.

(2) An order under subsection (1) may, in particular, provide for—

(a) leave to be given or refused before the person concerned arrives in the United Kingdom;

(b) the form or manner in which leave may be given, refused or varied;

(c) the imposition of conditions;

(d) a person’s leave to enter not to lapse on his leaving the common travel area.

(3) The Secretary of State may by order provide that, in such circumstances as may be prescribed—

(a) an entry visa, or

(b) such other form of entry clearance as may be prescribed,

is to have effect as leave to enter the United Kingdom.

(4) An order under subsection (3) may, in particular—

(a) provide for a clearance to have effect as leave to enter—

(i) on a prescribed number of occasions during the period for which the clearance has effect;

(ii) on an unlimited number of occasions during that period;

(iii) subject to prescribed conditions; and

(b) provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect.

(5) Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed.

(6) In subsections (3), (4) and (5) “prescribed” means prescribed in an order made under subsection (3).

(7) The Secretary of State may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the United Kingdom.

(8) An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Secretary of State of functions which he has as a result of the order, as if references to an immigration officer included references to the Secretary of State.

(9) Subsection (8) is not to be read as affecting any power conferred by subsection (10).

(10) An order under this section may—

(a) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b) make different provision for different cases.

(11) This Act and any provision made under it has effect subject to any order made under this section.

(12) An order under this section must be made by statutory instrument.

(13) But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.]

Textual Amendments

F9 S. 3A inserted (14.2.2000) by 1999 c. 33, ss. 1, 169(2), Sch. 15 para. 1(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C14 Ss. 3-3B extended (14.12.2001) by 2001 c. 24, ss. 22(2)(a)(3), 127(2)

Yn ddilys o 14/02/2000

[F10 3B Further provision as to leave to remain. U.K.

(1) The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to remain in the United Kingdom.

(2) An order under subsection (1) may, in particular, provide for—

(a) the form or manner in which leave may be given, refused or varied;

(b) the imposition of conditions;

(c) a person’s leave to remain in the United Kingdom not to lapse on his leaving the common travel area.

(3) An order under this section may—

(a) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b) make different provision for different cases.

(4) This Act and any provision made under it has effect subject to any order made under this section.

(5) An order under this section must be made by statutory instrument.

(6) But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.]

Textual Amendments

F10 S. 3B inserted (14.2.2000) by 1999 c. 33, ss. 2, 169(2), Sch. 15 para. 1(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C15 Ss. 3-3B extended (14.12.2001) by 2001 c. 24, ss. 22(2)(a)(3), 127(2)

Yn ddilys o 02/10/2000

[F11 3C Continuation of leave pending decision. U.K.

(1) This section applies if—

(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State, before his leave expires, for it to be varied; and

(b) when it expires, no decision has been taken on the application.

(2) His leave is to be treated as continuing until the end of the period allowed under rules made under paragraph 3 of Schedule 4 to the Immigration and Asylum Act 1999 for bringing an appeal against a decision on the application.

(3) An application for variation of a person’s leave to enter or remain in the United Kingdom may not be made while that leave is treated as continuing as a result of this section.

(4) But subsection (3) does not prevent the variation of an application mentioned in subsection (1).]

Textual Amendments

F11 S. 3C inserted (2.10.2000) by 1999 c. 33, s. 3; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Modifications etc. (not altering text)

C16 S. 3C applied (with modifications) (prosp.) by 1997 c. 68, s. 2(2)(a) (as substituted by 2002 c. 41, ss. 114, 162(1), Sch. 7 para. 20) (with 2002 c. 41, s. 159)

C17 S. 3C extended (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 2(2) (as substituted (8.4.2003) by S.I. 2003/1040, arts. 1, 2)

Yn ddilys o 31/08/2006

[F12 3D Continuation of leave following revocation U.K.

(1) This section applies if a person's leave to enter or remain in the United Kingdom—

(a) is varied with the result that he has no leave to enter or remain in the United Kingdom, or

(b) is revoked.

(2) The person's leave is extended by virtue of this section during any period when—

(a) an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 could be brought, while the person is in the United Kingdom, against the variation or revocation (ignoring any possibility of an appeal out of time with permission), or

(b) an appeal under that section against the variation or revocation, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act).

(3) A person's leave as extended by virtue of this section shall lapse if he leaves the United Kingdom.

(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.]

Textual Amendments

F12 S. 3D inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 11(5); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

4 Administration of control. U.K.

(1) The power under this Act to give or refuse leave to enter the United Kingdom shall be exercised by immigration officers, and the power to give leave to remain in the United Kingdom, or to vary any leave under section 3(3)(a) (whether as regards duration or conditions), shall be exercised by the Secretary of State; and, unless otherwise allowed by this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order made by statutory instrument.

(2) The provisions of Schedule 2 to this Act shall have effect with respect to—

(a) the appointment and powers of immigration officers and medical inspectors for purposes of this Act;

(b) the examination of persons arriving in or leaving the United Kingdom by ship or aircraft [F13 or through the tunnel system], and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and

(c) the exercise by immigration officers of their powers in relation to entry into the United Kingdom, and the removal from the United Kingdom of persons refused leave to enter or entering or remaining unlawfully; and

(d) the detention of persons pending examination or pending removal from the United Kingdom;

and for other purposes supplementary to the foregoing provisions of this Act.

(3) The Secretary of State may by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make provision as to the effect of a condition under this Act requiring a person to register with the police; and the regulations may include provision—

(a) as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers;

(b) as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;

(c) as to the issue of certificates of registration and as to the payment of fees for certificates of registration;

and the regulations may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the regulations.

(4) The Secretary of State may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether [F14 British citizens] or not) who stay at any such premises to supply the necessary information.

Textual Amendments

F13 Words inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 1

F14 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

5 Procedure for, and further provisions as to, deportation. U.K.

(1) Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Secretary of State may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the United Kingdom; and a deportation order against a person shall invalidate any leave to enter or remain in the United Kingdom given him before the order is made or while it is in force.

(2) A deportation order against a person may at any time be revoked by a further order of the Secretary of State, and shall cease to have effect if he becomes [F15 a British citizen].

(3) A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the United Kingdom after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.

(4) For purposes of deportation the following shall be those who are regarded as belonging to another person’s family—

(a) where that other person is a man, his wife and his or her children under the age of eighteen; and

(b) where that other person is a woman, her children under the age of eighteen;

and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and “wife” includes each of two or more wives.

(5) The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the United Kingdom of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.

(6) Where a person is liable to deportation under section [F16 3(5)] or (6) above but, without a deportation order being made against him, leaves the United Kingdom to live permanently abroad, the Secretary of State may make payments of such amounts as he may determine to meet that person’s expenses in so leaving the United Kingdom, including travelling expenses for members of his family or household.

Textual Amendments

F15 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

F16 “3(5)” substituted for “3(5)(c)” by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 2

Modifications etc. (not altering text)

C18 S. 5 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

6 Recommendations by court for deportation. U.K.

(1) Where under section 3(6) above a person convicted of an offence is liable to deportation on the recommendation of a court, he may be recommended for deportation by any court having power to sentence him for the offence unless the court commits him to be sentenced or further dealt with for that offence by another court:

Provided that in Scotland the power to recommend a person for deportation shall be exercisable only by the sheriff or the High Court of Justiciary, and shall not be exercisable by the latter on an appeal unless the appeal is against a conviction on indictment or against a sentence upon such a conviction.

(2) A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is [F17 a British citizen], describing the persons who are [F17 British citizens] and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of adjournment conferred by [F18 section 10(3) of the M2 Magistrates’ Courts Act 1980], [F19 section 179 or 380 of the M3 Criminal Procedure (Scotland) Act 1975] or any corresponding enactment for the time being in force in Northern Ireland shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.

(3) For purposes of section 3(6) above—

(a) a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation; and

(b) the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any enactment restricting the imprisonment of young offenders or [F20 first offenders][F20 persons who have not previously been sentenced to imprisonment];

and for purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwithstanding any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly.

(4) Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life.

(5) Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or against the conviction on which it is made; but—

F21 . . . the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence F21 . . .

F22 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal or, in Scotland, until the expiration of twenty-eight days from the date of the recommendation.

(7) For the purpose of giving effect to any of the provisions of this section in its application to Scotland, the High Court of Justiciary shall have power to make rules by act of adjournal.

Textual Amendments

F17 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F18 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154(2), Sch. 7 para. 104

F19 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 47

F20 Words “persons” to “imprisonment” substituted for words “first offenders” (E.W.) by Criminal Justice Act 1972 (c. 71), Sch. 5 and (U.K.) by Criminal Justice Act 1982 (c. 48), s. 80(2), Sch. 15 para. 15(a)

F21 Words repealed (S.) by Criminal Justice (Scotland) Act 1980 (c. 62), Sch. 8 and repealed (31.1.1983) by Criminal Justice Act 1982 (c. 48), s. 80(2), Sch. 16

F22 S. 6(5)(b) repealed (S.) by Criminal Justice (Scotland) Act 1980 (c. 62), Sch. 8 and repealed (31.1.1983) by Criminal Justice Act 1982 (c. 48), s. 80(2), Sch. 16

Marginal Citations

M2 1980 c. 43.

M3 1975 c. 21.

7 Exemption from deportation for certain existing residents. U.K.

(1) Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the United Kingdom—

(a) shall not be liable to deportation under section 3(5)(b) if at the time of the Secretary of State’s decision he had at all times since the coming into force of this Act been ordinarily resident in the United Kingdom and Islands; and

(b) shall not be liable to deportation under section 3(5)(a), (b) or (c) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands; and

(c) shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.

(2) A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.

(3) The “last five years” before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.

(4) For purposes of subsection (3) above—

(a) “sentence” includes any order made on conviction of an offence; and

(b) two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and

(c) a person shall be deemed to be detained by virtue of a sentence—

(i) at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and

(ii) (unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.

In paragraph (c)(ii) above “relevant enactment” means section 67 of the M4 Criminal Justice Act 1967 (or, before that section operated, section 17(2) of the M5 Criminal Justice Administration Act 1962) and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands.

(5) Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.

Marginal Citations

M4 1967 c. 80.

M5 1962 c. 15.

8 Exceptions for seamen, aircrews and other special cases. U.K.

(1) Where a person arrives at a place in the United Kingdom as a member of the crew of a ship or aircraft under an engagement requiring him to leave on that ship as a member of the crew, or to leave within seven days on that or another aircraft as a member of its crew, then unless either—

(a) there is in force a deportation order made against him; or

(b) he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom; or

(c) an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;

he may without leave enter the United Kingdom at that place and remain until the departure of the ship or aircraft on which he is required by his engagement to leave.

(2) The Secretary of State may by order exempt any person or class of persons, either unconditionally or subject to such conditions as may be imposed by or under the order, from all or any of the provisions of this Act relating to those who are not [F23 British citizens].

An order under this subsection, if made with respect to a class of persons, shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) [F24 Subject to subsection (3A) below,] the provisions of this Act relating to those who are not [F23 British citizens] shall not apply to any person so long as he is a member of a mission (within the meaning of the M6 Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent.

[F25 (3A) In the case of a member of a mission other than a diplomatic agent (within the meaning of the said Act of 1964) subsection (3) above shall apply only if he enters or has entered the United Kingdom—

(a) as a member of that mission; or

(b) in order to take up a post as such a member which was offered to him before his arrival;

and references in that subsection to a member of a mission shall be construed accordingly.]

(4) The provisions of this Act relating to those who are not [F23 British citizens], other than the provisions relating to deportation, shall also not apply to any person so long as either—

(a) he is subject, as a member of the home forces, to service law; or

(b) being a member of a Commonwealth force or of a force raised under the law of any associated state, colony, protectorate or protected state, is undergoing or about to undergo training in the United Kingdom with any body, contingent or detachment of the home forces; or

(c) he is serving or posted for service in the United Kingdom as a member of a visiting force or of any force raised as aforesaid or as a member of an international headquarters or defence organisation designated for the time being by an Order in Council under section 1 of the M7 International Headquarters and Defence Organisations Act 1964.

(5) Where a person having a limited leave to enter or remain in the United Kingdom becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been [F26 settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.]

[F27 (5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the M8 British Nationality Act 1981.]

(6) In this section “the home forces” means any of Her Majesty’s forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; “Commonwealth force” means a force of any country to which provisions of the M9 Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and “visiting force” means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom.

Textual Amendments

F23 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

F24 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 4

F25 S. 8(3A) inserted by Immigration Act 1988 (c. 14, SIF 62), s. 4

F26 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 5

F27 S. 8(5A) inserted by British Nationality Act 1981 (c. 61), ss. 39(4), 52(7)

Modifications etc. (not altering text)

C19 S. 8(3) extended by State Immunity Act 1978 (c. 33), s. 20(3)

Marginal Citations

M6 1964 c. 81.

M7 1964 c. 5.

M8 1981 c. 61.

M9 1952 c. 67.

Yn ddilys o 01/03/2000

[F28 8A Persons ceasing to be exempt. U.K.

(1) A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).

(2) If a person who is exempt—

(a) ceases to be exempt, and

(b) requires leave to enter or remain in the United Kingdom as a result,

he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.

(3) If—

(a) a person who is exempt ceases to be exempt, and

(b) there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),

his leave is to be treated as expiring at the end of that period.]

Textual Amendments

F28 S. 8A inserted (1.3.2000) by 1999 c. 33, s. 7; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Yn ddilys o 01/03/2000

[F29 8B Persons excluded from the United Kingdom under international obligations. U.K.

(1) An excluded person must be refused—

(a) leave to enter the United Kingdom;

(b) leave to remain in the United Kingdom.

(2) A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.

(3) A persons’s exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.

(4) “Excluded person” means a person—

(a) named by or under, or

(b) of a description specified in,

a designated instrument.

(5) The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it—

(a) requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or

(b) recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).

(6) Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.

(7) An order under this section must be made by statutory instrument.

(8) Such a statutory instrument shall be laid before Parliament without delay.]

Textual Amendments

F29 S. 8B inserted (1.3.2000) by 1999 c. 33, s. 8; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

9 Further provisions as to common travel area. U.K.

(1) Subject to subsection (5) below, the provisions of Schedule 4 to this Act shall have effect for the purpose of taking account in the United Kingdom of the operation in any of the Islands of the immigration laws there.

(2) Persons who lawfully enter the United Kingdom on a local journey from a place in the common travel area after having either—

(a) entered any of the Islands or the Republic of Ireland on coming from a place outside the common travel area; or

(b) left the United Kingdom while having a limited leave to enter or remain which has since expired;

if they are not [F30 British citizens] (and are not to be regarded under Schedule 4 to this Act as having leave to enter the United Kingdom), shall be subject in the United Kingdom to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register with the police or both, as may be imposed by an order of the Secretary of State and may be applicable to them.

(3) Any provision of this Act applying to a limited leave or to conditions attached to a limited leave shall, unless otherwise provided, have effect in relation to a person subject to any restriction or condition by virtue of an order under subsection (2) above as if the provisions of the order applicable to him were terms on which he had been given leave under this Act to enter the United Kingdom.

(4) Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not [F30 a British citizen] may not by virtue of section 1(3) enter the United Kingdom without leave on a local journey from a place in the common travel area if either—

(a) he is on arrival in the United Kingdom given written notice by an immigration officer stating that, the Secretary of State having issued directions for him not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good as being in the interests of national security, he is accordingly refused leave to enter the United Kingdom; or

(b) he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom.

(5) If it appears to the Secretary of State necessary so to do by reason of differences between the immigration laws of the United Kingdom and any of the Islands, he may by order exclude that island from section 1(3) above for such purposes as may be specified in the order, and references in this Act to the Islands . . . F31 shall apply to an island so excluded so far only as may be provided by order of the Secretary of State.

(6) The Secretary of State shall also have power by order to exclude the Republic of Ireland from section 1(3) for such purposes as may be specified in the order.

(7) An order of the Secretary of State under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F30 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F31 Words repealed by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 9 (with Sch. 8 para. 8)

Modifications etc. (not altering text)

C20 S. 9(2) amended (28.4.2000) by S.I. 2000/1161, art. 14

10 Entry otherwise than by sea or air. U.K.

(1) Her Majesty may by Order in Council direct that any of the provisions of this Act shall have effect in relation to persons entering or seeking to enter the United Kingdom on arrival otherwise than by ship or aircraft [F32 or through the tunnel system] as they have effect in the case of a person arriving by ship or aircraft [F32 or through the tunnel system]; and any such Order may make such adaptations or modifications of those provisions, and such provisions supplementary thereto, as appear to Her Majesty to be necessary or expedient for the purposes of the Order.

(2) The provision made by an Order in Council under this section may include provision for excluding the Republic of Ireland from section 1(3) of this Act either generally or for any specified purposes.

(3) No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Textual Amendments

F32 Words inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 2

11 Construction of references to entry, and other phrases relating to travel. U.K.

(1) A person arriving in the United Kingdom by ship or aircraft shall for purposes of this Act be deemed not to enter the United Kingdom unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the United Kingdom so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act.

[F33 (1A) A person arriving in the United Kingdom through the tunnel system shall for the purposes of this Act be deemed not to enter the United Kingdom unless and until he has left the tunnel system, and subject to subsection (1) above, a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act.]

(2) In this Act “disembark” means disembark from a ship or aircraft, and “embark” means embark in a ship or aircraft; and, except in subsection (1) above,—

(a) references to disembarking in the United Kingdom do not apply to disembarking after a local journey from a place in the United Kingdom or elsewhere in the common travel area; and

(b) references to embarking in the United Kingdom do not apply to embarking for a local journey to a place in the United Kingdom or elsewhere in the common travel area.

(3) Except in so far as the context otherwise requires, references in this Act to arriving in the United Kingdom by ship shall extend to arrival by any floating structure, and “disembark” shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.

(4) For purposes of this Act “common travel area” has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which—

(a) in the case of a journey to a place in the United Kingdom, began its voyage from, or has during its voyage called at, a place not in the common travel area; or

(b) in the case of a journey from a place in the United Kingdom, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.

(5) A person who enters the United Kingdom lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the United Kingdom.

Textual Amendments

F33 S. 11(1A) inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 3

Part II U.K. Appeals

Modifications etc. (not altering text)

C21 Pt. II modified by British Nationality Act 1981 (c. 61), Sch. 8 paras. 6, 8

C22 Pt. II restricted (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.1; S.I. 1993/1655, art.2

Pt. II (ss. 12-23) restricted (1.9.1996) by 1996 c. 49, s. 3(1)(b)(i); S.I. 1996/2053, art. 2, Sch. Pt. II

Pt. II (ss. 12-23) extended (with modifications) (Isle of Man) (1.4.1997) by S.I. 1997/275, art. 2(1),Sch.

The appellate authorities U.K.

12 Immigration Appeal Tribunal and adjudicators. U.K.

The Immigration Appeal Tribunal and adjudicators provided for by the M10 Immigration Appeals Act 1969 shall continue for purposes of this Act, and—

[F34 (a) members of the Tribunal and adjudicators shall be appointed by the Lord Chancellor; and

(b) Schedule 5 to this Act shall have effect in relation to the adjudicators and the Tribunal.]

Textual Amendments

F34 S. 12(a) and (b) substituted by S.I. 1987/465, arts. 2(a), 3(1)(2)

Modifications etc. (not altering text)

C23 Functions of Minister for the Civil Service referred to in Sch. 5 now exercisable by Treasury: S.I. 1981/1670, art. 2(1)(c)(2)

C24 S. 12: by S.I. 1987/465, arts. 2(a), 3(1)(2) the functions of the Secretary of State under s. 12(a) are transferred to the Lord Chancellor

Marginal Citations

M10 1969 c. 21.

Appeals to adjudicator or Tribunal in first instance U.K.

13 Appeals against exclusion from United Kingdom. U.K.

(1) Subject to the provisions of this Part of this Act, a person who is refused leave to enter the United Kingdom under this Act may appeal to an adjudicator against the decision that he requires leave or against the refusal.

(2) Subject to the provisions of this Part of this Act, a person who, on an application duly made, is refused a [F35 certificate of entitlement] or an entry clearance may appeal to an adjudicator against the refusal.

[F36 (3) A person shall not be entitled to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom unless he holds such a passport or certificate as is mentioned in section 3(9) above;]

and a person shall not be entitled to appeal against a refusal of leave to enter so long as he is in the United Kingdom, unless he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit.

[F37 (3A) A person who seeks to enter the United Kingdom—

(a) as a visitor, or

(b) in order to follow a course of study of not more than six months duration for which he has been accepted, or

(c) with the intention of studying but without having been accepted for any course of study, or

(d) as a dependant of a person within paragraph (a), (b) or (c) above,

shall not be entitled to appeal against a refusal of an entry clearance and shall not be entitled to appeal against a refusal of leave to enter unless he held a current entry clearance at the time of the refusal.

(3AA) The Secretary of State shall appoint a person, not being an officer of his, to monitor, in such manner as the Secretary of State may determine, refusals of entry clearance in cases where there is, by virtue of subsection (3A) above, no right of appeal; and the person so appointed shall make an annual report on the discharge of his functions to the Secretary of State who shall lay a copy of it before each House of Parliament.

(3AB) The Secretary of State may pay to a person appointed under subsection (3AA) above such fees and allowances as he may with the approval of the Treasury determine.]

[F38 (3B) A person shall not be entitled to appeal against a refusal of an entry clearance if the refusal is on the ground that—

(a) he or any person whose dependant he is does not hold a relevant document which is required by the immigration rules; or

(b) he or any person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or

(c) he or any person whose dependant he is seeks entry for a period exceeding that permitted by the immigration rules;

and a person shall not be entitled to appeal against a refusal of leave to enter if the refusal is on any of those grounds.

(3C) For the purposes of subsection (3B)(a) above, the following are “relevant documents”—

(a) entry clearances;

(b) passports or other identity documents; and

(c) work permits.]

(4) An appeal against a refusal of leave to enter shall be dismissed by the adjudicator if he is satisfied that the appellant was at the time of the refusal an illegal entrant, and an appeal against a refusal of an entry clearance shall be dismissed by the adjudicator if he is satisfied that a deportation order was at the time of the refusal in force in respect of the appellant.

(5) A person shall not be entitled to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good, or if the leave to enter or entry clearance was refused in obedience to any such directions.

Textual Amendments

F35 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1)

F36 S. 13(3) up to the end of para. (b) substituted by Immigration Act 1988 (c. 14, SIF 62), s. 3(2)

F37 S. 13(3A)(3AA)(3AB) inserted (26.7.1993) by 1993 c. 23, s.10; S.I. 1993/1655, art. 2 (subject to transitional provision in art.5)

F38 S. 13(3B)(3C) inserted (26.7.1993) by 1993 c. 23, s. 11(1); S.I. 1993/1655, art. 2 (subject to transitional provision in art.5)

Modifications etc. (not altering text)

C25 S. 13(3) modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(6)

C26 S. 13(5) applied with modifications (26.7.1993) by 1993 c.23, s. 8(6), Sch. 2 para.6; S.I. 1993/1655, art. 2

S. 13(5) applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

14 Appeals against conditions. U.K.

(1) Subject to the provisions of this Part of this Act, a person who has a limited leave under this Act to enter or remain in the United Kingdom may appeal to an adjudicator against any variation of the leave (whether as regards duration or conditions), or against any refusal to vary it; and a variation shall not take effect so long as an appeal is pending under this subsection against the variation, nor shall an appellant be required to leave the United Kingdom by reason of the expiration of his leave so long as his appeal is pending under this subsection against a refusal to enlarge or remove the limit on the duration of the leave.

(2) Subject to the provisions of this Part of this Act, a person who, on ceasing to be entitled to an exemption under any provision of section 8 above other than section 8(1), or on ceasing while in the United Kingdom to be [F39 a British citizen], is given a limited leave to remain may appeal to an adjudicator against any provision limiting the duration of the leave or attaching a condition to it; and so long as an appeal is pending under this subsection against any provision, effect shall not be given to that provision.

[F40 (2A) A person shall not be entitled to appeal under subsection (1) above against any refusal to vary his leave if the refusal is on the ground that—

(a) a relevant document which is required by the immigration rules has not been issued; or

(b) the person or a person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or

(c) the variation would result in the duration of the person’s leave exceeding what is permitted by the immigration rules; or

(d) any fee required by or under any enactment has not been paid.

(2B) For the purposes of subsection (2A)(a) above, the following are relevant documents—

(a) entry clearances;

(b) passports or other identity documents; and

(c) work permits.]

(3) A person shall not be entitled to appeal under subsection (1) above against any variation of his leave which reduces its duration, or against any refusal to enlarge or remove the limit on its duration, if the Secretary of State certifies that the appellant’s departure from the United Kingdom would be conducive to the public good, as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature, or the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority).

(4) A person shall not be entitled to appeal under subsection (1) above against any variation made by statutory instrument, or against any refusal of the Secretary of State to make a statutory instrument.

[F41 (5) Where a deportation order is made against a person any pending appeal by that person under subsection (1) above shall lapse.]

Textual Amendments

F39 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

F40 S. 14(2A)(2B) inserted (26.7.1993) by 1993 c. 23, s. 11(2); S.I. 1993/1655, art.2 (subject to transitional provision in art. 5)

F41 S. 14(5) inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 3

Modifications etc. (not altering text)

C27 S. 14 restricted (26.7.1993) by 1993 c. 23, s. 7(2); S.I. 1993/1655, art.2

C28 S. 14(1) amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.7; S.I. 1993/1655, art.2

S. 14(1) applied (20.7.1994) by S.I. 1994/1895, art.18

C29 S. 14(3) applied with modifications (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.6; S.I. 1993/1655, art.2

S. 14(3) applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

15 Appeals in respect of deportation orders. U.K.

(1) Subject to the provisions of this Part of this Act, a person may appeal to an adjudicator against—

(a) a decision of the Secretary of State to make a deportation order against him by virtue of section 3(5) above; or

(b) a refusal by the Secretary of State to revoke a deportation order made against him.

(2) A deportation order shall not be made against a person by virtue of section 3(5) above so long as an appeal may be brought against the decision to make it nor, if such an appeal is duly brought, so long as the appeal is pending; but, in calculating the period of eight weeks limited by section 5(3) above for making a deportation order against a person as belonging to the family of another person, there shall be disregarded any period during which there is pending an appeal against the decision to make it.

(3) A person shall not be entitled to appeal against a decision to make a deportation order against him if the ground of the decision was that his deportation is conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature.

(4) A person shall not be entitled to appeal under this section against a refusal to revoke a deportation order, if the Secretary of State certifies that the appellant’s exclusion from the United Kingdom is conducive to the public good or if revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority).

(5) A person shall not be entitled to appeal under this section against a refusal to revoke a deportation order so long as he is in the United Kingdom, whether because he has not complied with the requirement to leave or because he has contravened the prohibition on entering.

(6) On an appeal against a decision to make a deportation order against a person as belonging to the family of another person, or an appeal against a refusal to revoke a deportation order so made, the appellant shall not be allowed, for the purpose of showing that he does not or did not belong to another person’s family, to dispute any statement made with a view to obtaining leave for the appellant to enter or remain in the United Kingdom (including any statement made to obtain an entry clearance) unless the appellant shows that the statement was not so made by him or by any person acting with his authority and that, when he took the benefit of the leave, he did not know any such statement had been made to obtain it or, if he did know, was under the age of eighteen.

(7) An appeal under this section shall be to the Appeal Tribunal in the first instance, instead of to an adjudicator, if—

(a) it is an appeal against a decision to make a deportation order and the ground of the decision was that the deportation of the appellant is conducive to the public good; or

(b) it is an appeal against a decision to make a deportation order against a person as belonging to the family of another person, or an appeal against a refusal to revoke a deportation order so made; or

(c) there is pending a related appeal to which paragraph (b) above applies.

(8) Where an appeal to an adjudicator is pending under this section, and before the adjudicator has begun to hear it a related appeal is brought, the appeal to the adjudicator shall be dealt with instead by the Appeal Tribunal and be treated as an appeal duly made to the Tribunal in the first instance.

(9) In relation to an appeal under this section in respect of a deportation order against any person (whether an appeal against a decision to make or against a refusal to revoke the order), any other appeal under this section is a “related appeal” if it is an appeal in respect of a deportation order against another person as belonging to the family of the first-mentioned person.

Modifications etc. (not altering text)

C30 S. 15 restricted by Immigration Act 1988 (c. 14, SIF 62), s. 5(1)

C31 S. 15(2) extended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.8; S.I. 1993/1655, art. 2

S. 15(2) extended (3.8.1998) by 1997 c. 68, s. 2, Sch. 2 paras.2, 4; S.I. 1998/1892, art. 2

C32 S. 15(3)(4) applied (with modifications) (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.6; S.I. 1993/1655, art. 2

C33 S. 15(3) applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

16 Appeals against validity of directions for removal. U.K.

(1) Subject to the provisions of this Part of this Act, where directions are given under this Act for a person’s removal from the United Kingdom either—

(a) on the ground that he is an illegal entrant or on the ground specifically that he has entered the United Kingdom in breach of a deportation order; or

(b) under the special powers conferred by Schedule 2 to this Act in relation to members of the crew of a ship or aircraft or persons coming to the United Kingdom to join a ship or aircraft as a member of the crew;

then he may appeal to an adjudicator against those directions on the ground that in the facts of his case there was in law no power to give them on the ground on which they were given.

(2) A person shall not be entitled to appeal under this section so long as he is in the United Kingdom, unless he is appealing against directions given by virtue of a deportation order (whether on the ground specifically that he has returned in breach of that order or on the ground that he is an illegal entrant) and is appealing on the ground that he is not the person named in that order.

(3) Where a person appeals under this section against directions given by virtue of a deportation order, he shall not be allowed to dispute the original validity of that order.

(4) An appeal under this section against directions given as mentioned in subsection (1)(b) shall be dismissed by the adjudicator, notwithstanding that the ground of appeal may be made out, if he is satisfied that there was power to give the like directions on the ground that the appellant was an illegal entrant.

17 Appeals against removal on objection to destination. U.K.

(1) Subject to the provisions of this Part of this Act, where directions are given under this Act for a person’s removal from the United Kingdom either—

(a) on his being refused leave to enter; or

(b) on a deportation order being made against him; or

(c) on his having entered the United Kingdom in breach of a deportation order;

he may appeal to an adjudicator against the directions on the ground that he ought to be removed (if at all) to a different country or territory specified by him.

(2) Where a person appeals under section 13(1) above on being refused leave to enter the United Kingdom, and either—

(a) before he does so, directions have been given for his removal from the United Kingdom to any country or territory; or

(b) before or after he does so, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal by virtue of the refusal will be for his removal to a country or territory or one of several countries or territories specified in the notice;

then he may on that appeal object to the country or territory to which he would be removed in pursuance of the directions, or to that specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.

(3) Where a person appeals under section 15 above against a decision to make a deportation order against him, and before or after he does so the Secretary of State serves on him notice that any directions which may be given for his removal by virtue of the deportation order will be for his removal to a country or territory or one of several countries or territories specified in the notice, then he may on that appeal object to the country or territory specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.

(4) Where by virtue of subsection (2) or (3) above a person is able to object to a country or territory on an appeal under section 13(1) or 15, and either he does not object to it on that appeal or his objection to it on that appeal is not sustained, then he shall not be entitled to appeal under this section against any directions subsequently given by virtue of the refusal or order in question, if their effect will be his removal to that country or territory.

(5) A person shall not be entitled to appeal under this section against any directions given on his being refused leave to enter the United Kingdom, unless either he is also appealing under section 13(1) against the decision that he requires leave to enter or he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit.

18 Notice of matters in respect of which there are rights of appeal. U.K.

(1) The Secretary of State may by regulations provide—

(a) for written notice to be given to a person of any such decision or action taken in respect of him as is appealable under this Part of this Act (whether or not he is in the facts of his case entitled to appeal) or would be so appealable but for the ground on which it is taken;

(b) for any such notice to include a statement of the reasons for the decision or action and, where the action is the giving of directions for the removal of any person from the United Kingdom, of the country or territory to which he is to be removed;

(c) for any such notice to be accompanied by a statement containing particulars of the rights of appeal available under this Part of this Act and of the procedure by which those rights may be exercised;

(d) for the form of any such notice or statement and the way in which a notice is to be or may be given.

(2) For the purpose of any proceedings under this Part of this Act a statement included in a notice in pursuance of regulations under this section shall be conclusive of the person by whom and of the ground on which any decision or action was taken.

(3) The power to make regulations under this section shall be exercisable by statutory instrument, and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C34 Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art. 2

S. 18 amended (1.9.1996) by 1996 c. 49, s. 3(4)(a); S.I. 1996/2053, art. 2, Sch. Pt.II

S. 18 amended (3.8.1998) by 1997 c. 68, s. 2, Sch. 2 para.6; S.I. 1998/1892, art. 2

19 Determination of appeals by adjudicators. U.K.

(1) Subject to sections 13(4) and 16(4) above, and to any restriction on the grounds of appeal, an adjudicator on an appeal to him under this Part of this Act—

(a) shall allow the appeal if he considers—

(i) that the decision or action against which the appeal is brought was not in accordance with the law or with any immigration rules applicable to the case; or

(ii) where the decision or action involved the exercise of a discretion by the Secretary of State or an officer, that the discretion should have been exercised differently; and

(b) in any other case, shall dismiss the appeal.

(2) For the purposes of subsection (1)(a) above the adjudicator may review any determination of a question of fact on which the decision or action was based; and for the purposes of subsection (1)(a)(ii) no decision or action which is in accordance with the immigration rules shall be treated as having involved the exercise of a discretion by the Secretary of State by reason only of the fact that he has been requested by or on behalf of the appellant to depart, or to authorise an officer to depart, from the rules and has refused to do so.

(3) Where an appeal is allowed, the adjudicator shall give such directions for giving effect to the determination as the adjudicator thinks requisite, and may also make recommendations with respect to any other action which the adjudicator considers should be taken in the case under this Act; and, subject to section 20(2) below, it shall be the duty of the Secretary of State and of any officer to whom directions are given under this subsection to comply with them.

(4) Where in accordance with section 15 above a person appeals to the Appeal Tribunal in the first instance, this section shall apply with the substitution of references to the Tribunal for references to an adjudicator.

Modifications etc. (not altering text)

C35 Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art. 2

S. 19 amended (1.9.1996) by 1996 c. 49, s. 3(4)(b); S.I. 1996/2053, art. 2, Sch. Pt.II

Appeals from adjudicator to Tribunal, and review of decisions U.K.

20 Appeal to Tribunal from determination of adjudicator. U.K.

(1) Subject to any requirement of rules of procedure as to leave to appeal, any party to an appeal to an adjudicator may, if dissatisfied with his determination thereon, appeal to the Appeal Tribunal, and the Tribunal may affirm the determination or make any other determination which could have been made by the adjudicator.

(2) Directions given by an adjudicator under section 19(3) above need not be complied with so long as an appeal can be brought against his determination and, if such an appeal is duly brought, so long as the appeal is pending; and if the Tribunal affirm his determination allowing the appeal, they may alter or add to his directions and recommendations under section 19(3) or replace them with their own directions and recommendations, and the provisions of that subsection shall apply to directions given by them accordingly.

(3) Where an appeal is dismissed by an adjudicator but allowed by the Tribunal, section 19(3) above shall apply with the substitution of references to the Tribunal for references to the adjudicator.

Modifications etc. (not altering text)

C36 Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art. 2

C37 S. 20(1) restricted (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 5(5); S.I. 1993/1655, art. 2

S. 20(1) excluded (21.10.1996) by 1993 c. 23, Sch. 2 para. 5 (as substituted (21.10.1996) by 1996 c. 49, s.1; S.I. 1996/2127, art. 2, Sch. Pt.III)

21 Reference of cases for further consideration. U.K.

(1) Where in any case—

(a) an adjudicator has dismissed an appeal, and there has been no further appeal to the Appeal Tribunal, or the Tribunal has dismissed an appeal made to them in the first instance by virtue of section 15 above; or

(b) the Appeal Tribunal has affirmed the determination of an adjudicator dismissing an appeal, or reversed the determination of an adjudicator allowing an appeal;

the Secretary of State may at any time refer for consideration under this section any matter relating to the case which was not before the adjudicator or Tribunal.

(2) Any reference under this section shall be to an adjudicator or to the Appeal Tribunal, and the adjudicator or Tribunal shall consider the matter which is the subject of the reference and report to the Secretary of State the opinion of the adjudicator or Tribunal thereon.

Modifications etc. (not altering text)

C38 Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art. 2

S. 21 amended (1.9.1996) by 1996 c. 49, s. 3(4)(c); S.I. 1996/2053, art. 2, Sch. Pt.II

Supplementary U.K.

22 Procedure. U.K.

(1) The [F42 Lord Chancellor] may make rules (in this Act referred to as “rules of procedure”)—

(a) for regulating the exercise of the rights of appeal conferred by this Part of this Act;

(b) for prescribing the practice and procedure to be followed on or in connection with appeals thereunder, including the mode and burden of proof and admissibility of evidence on such an appeal; and

(c) for other matters preliminary or incidental to or arising out of such appeals, including proof of the decisions of adjudicators or the Appeal Tribunal.

(2) Rules of procedure may include provision—

(a) enabling the Tribunal, on an appeal from an adjudicator, to remit the appeal to an adjudicator for determination by him in accordance with any directions of the Tribunal, or for further evidence to be obtained with a view to determination by the Tribunal; or

(b) enabling any functions of the Tribunal which relate to matters preliminary or incidental to an appeal, or which are conferred by Part II of Schedule 2 to this Act, to be performed by a single member of the Tribunal; or

(c) conferring on adjudicators or the Tribunal such ancillary powers as the [F42 Lord Chancellor] thinks necessary for the purposes of the exercise of their functions.

(3) The rules of procedure shall provide that any appellant shall have the right to be legally represented.

(4) Where on an appeal under this Part of this Act it is alleged—

(a) that a passport or other travel document, [F43 certificate of entitlement], entry clearance or work permit (or any part thereof or entry therein) on which a party relies is a forgery; and

(b) that the disclosure to that party of any matters relating to the method of detection would be contrary to the public interest;

then (without prejudice to the generality of the power to make rules of procedure) the adjudicator or Tribunal shall arrange for the proceedings to take place in the absence of that party and his representatives while the allegation at (b) above is inquired into by the adjudicator or Tribunal and, if it appears to the adjudicator or Tribunal that the allegation is made out, for such further period as appears necessary in order to ensure that those matters can be presented to the adjudicator or Tribunal without any disclosure being directly or indirectly made contrary to the public interest.

(5) If under the rules of procedure leave to appeal to the Tribunal is required in cases where an adjudicator dismisses an appeal under section 13 above, then the authority having power to grant leave to appeal shall grant it—

(a) in any case where the appeal was against a decision that the appellant required leave to enter the United Kingdom, and the authority is satisfied that at the time of the decision he held a [F43 certificate of entitlement]; and

(b) in any case where the appeal was against a refusal of leave to enter, and the authority is satisfied that at the time of the refusal the appellant held an entry clearance and that the dismissal of the appeal was not required by section 13(4).

(6) A person who is required under or in accordance with rules of procedure to attend and give evidence or produce documents before an adjudicator or the Tribunal, and fails without reasonable excuse to comply with the requirement, shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F44 level 3 on the standard scale].

(7) The power to make rules of procedure shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F42 Words substituted by S.I. 1987/465, arts. 2(b), 3(1)(3)

F43 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1) (with Sch. 8 para. 8)

F44 Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

Modifications etc. (not altering text)

C39 S. 22: by S.I. 1987/465, arts. 2(b), 3(1)(3) the functions of the Secretary of State under s. 22 are transferred to the Lord Chancellor

C40 Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art. 2

S. 22(1)-(4)(6)(7) amended (1.9.1996) by 1996 c. 49, s. 3(4)(d); S.I. 1996/2053, art. 2, Sch. Pt.II

S. 22 extended (26.7.1993) by 1993 c. 23, ss. 8(6), 9(4), Sch. 2 paras. 4(3), 5(4); S.I. 1993/1655 art. 2

S. 22 extended (21.10.1996) by 1993 c. 23, Sch. 2 para. 5 (as substituted by 1996 c. 49, s.1; S.I. 1996/2127, art. 2, Sch. Pt.III)

S. 22 extended (26.7.1996) by 1996 c. 49, s. 3(5); S.I. 1996/2053, art. 2, Sch. Pt.I

23 Financial support for organisations helping persons with rights of appeal. U.K.

The Secretary of State may with the consent of the Treasury make grants to any voluntary organisation which provides advice or assistance for, or other services for the welfare of, persons who have rights of appeal under this Part of this Act.

Modifications etc. (not altering text)

C41 Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art. 2

S. 23 amended (1.9.1996) by 1996 c. 49, s. 3(4)(e); S.I. 1996/2053, art. 2, Sch. Pt.II

S. 23 amended (3.8.1998) by 1997 c. 68, s. 2, Sch. 2 para.7; S.I. 1998/1892, art. 2

Part III U.K. Criminal Proceedings

Modifications etc. (not altering text)

C42 Pt. III (Ss. 24-28) extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt.I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt.I (Jersey) (as amended by S.I. 2003/1252, art. 3(b))

24 Illegal entry and similar offences. U.K.

(1) A person who is not [F45 a British citizen] shall be guilty of an offence punishable on summary conviction with a fine of not more than [F46 level 4 on the standard scale] or with imprisonment for not more than six months, or with both, in any of the following cases:—

(a) if contrary to this Act he knowingly enters the United Kingdom in breach of a deportation order or without leave;

(b) if, having only a limited leave to enter or remain in the United Kingdom, he knowingly either—

(i) remains beyond the time limited by the leave; or

(ii) fails to observe a condition of the leave;

(c) if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);

(d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to [F47 a medical officer of health][F47 the chief administrative medical officer of a Health Board][F48 or the chief administrative medical officer of a Health and Social Services Board], or to attend, or submit to a test or examination, as required by such an officer;

(e) if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence [F49 as to his employment or occupation] or as to reporting to the police or to an immigration officer;

(f) if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom;

(g) if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act.

[F50 (1A) A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the United Kingdom thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.]

(2) A constable or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed or attempted to commit an offence under this section other than an offence under subsection (1)(d) above.

(3) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under [F51 subsection (1)(a) and (c)] above.

(4) In proceedings for an offence against subsection (1)(a) above of entering the United Kingdom without leave,—

(a) any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;

(b) proof that a person had leave to enter the United Kingdom shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced.

Textual Amendments

F45 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

F46 Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

F47 Words “the chief” to “Health Board” substituted for words “a medical officer of health” (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 155; continued by National Health Service (Scotland) Act 1978 (c. 29), Sch. 15 para. 10

F48 Words inserted (N.I.) by S.R. & O. (N.I.) 1973/256, Sch. 2

F49 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 10(3)(4)

F50 S. 24(1A) inserted by Immigration Act 1988 (c. 14, SIF 62), s. 6(1)(3)

F51 Words “subsection (1)(a) and (c)” substituted for “subsection (1)(a), (b)(i) and (c)” by Immigration Act 1988 (c. 14, SIF 62), s. 6(2)(3)

Modifications etc. (not altering text)

C43 S. 24 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para 1(7)

C44 S. 24(1)(a)(b) amended (S.) by Criminal Justice (Scotland) Act 1980 (c. 62), s. 26, Sch. 1

Yn ddilys o 14/02/2000

[F52 24A Deception. U.K.

(1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him—

(a) he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or

(b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.

(2) “Enforcement action”, in relation to a person, means—

(a) the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;

(b) the making of a deportation order against him under section 5 of this Act; or

(c) his removal from the United Kingdom in consequence of directions or a deportation order.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4) The extended time limit for prosecutions which is provided for by section 28 applies to an offence under this section.]

Textual Amendments

F52 S. 24A inserted (14.2.2000) by 1999 c. 33, s. 28; S.I. 2000/168, art. 2, Sch

Modifications etc. (not altering text)

C45 S. 24A modified (11.11.1999) by 1999 c. 33, ss. 31(1)(2)(3)(b)(4)(c), 170(3)

25 Assisting illegal entry, and harbouring. U.K.

(1) Any person knowingly concerned in making or carrying out arrangements for securing or facilitating the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an illegal entrant shall be guilty of an offence, punishable on summary conviction with a fine of not more than £400 or with imprisonment for not more than six months, or with both, or on conviction on indictment with a fine or with imprisonment for not more than seven years, or with both.

(2) Without prejudice to subsection (1) above a person knowingly harbouring anyone whom he knows or has reasonable cause for believing to be either an illegal entrant or a person who has committed an offence under section 24(1)(b) or (c) above, shall be guilty of an offence, punishable on summary conviction with a fine of not more than [F53 level 5 on the standard scale] or with imprisonment for not more than six months, or with both.

(3) [F54 An] immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed an offence under subsection (1) above.

(4) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under this section.

(5) Subsection (1) above shall apply to things done outside as well as to things done in the United Kingdom where they are done—

[F55 (a) by a British citizen, a British Dependent Territories citizen, or a British Overseas citizen;

(b) by a person who under the M11 British Nationality Act 1981 is a British subject; or

(c) by a British protected person (within the meaning of that Act).]

(6) Where a person convicted on indictment of an offence under subsection (1) above is at the time of the offence—

(a) the owner or one of the owners of a ship, aircraft or vehicle used or intended to be used in carrying out the arrangements in respect of which the offence is committed; or

(b) a director or manager of a company which is the owner or one of the owners of any such ship, aircraft or vehicle; or

(c) captain of any such ship or aircraft;

then subject to subsections (7) and (8) below the court before which he is convicted may order the forfeiture of the ship, aircraft or vehicle.

In this subsection (but not in subsection (7) below) “owner” in relation to a ship, aircraft or vehicle which is the subject of a hire-purchase agreement, includes the person in possession of it under that agreement and, in relation to a ship or aircraft, includes a charterer.

(7) A court shall not order a ship or aircraft to be forfeited under subsection (6) above on a person’s conviction, unless—

(a) in the case of a ship, it is of less than 500 tons gross tonnage or, in the case of an aircraft (not being a hovercraft), it is of less than 5,700 kilogrammes operating weight; or

(b) the person convicted is at the time of the offence the owner or one of the owners, or a director or manager of a company which is the owner or one of the owners, of the ship or aircraft; or

(c) the ship or aircraft, under the arrangements in respect of which the offence is committed, has been used for bringing more than 20 persons at one time to the United Kingdom as illegal entrants, and the intention to use the ship or aircraft in bringing persons to the United Kingdom as illegal entrants was known to, or could by the exercise of reasonable diligence, have been discovered by, some person on whose conviction the ship or aircraft would have been liable to forfeiture in accordance with paragraph (b) above.

In this subsection “operating weight” means in relation to an aircraft the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances, in accordance with the certificate of airworthiness in force in respect of the aircraft.

(8) A court shall not order a ship, aircraft or vehicle to be forfeited under subsection (6) above, where a person claiming to be the owner of the ship, aircraft or vehicle or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

Textual Amendments

F53 Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

F54 Word substituted by S.I. 1989/1341, (N.I. 12), art. 90(1), Sch. 6 para. 8 and (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 para. 20

F55 S. 25(5)(a)—(c) substituted for s. 25(5)(a)—(e) by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 6

Modifications etc. (not altering text)

C46 S. 25 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4(8)

C47 S. 25(3) amended (2.8.1993) by S.I. 1993/1813, arts. 6, 1, Sch. 3 Pt. 1 para. 2(2)(a); s. 25(3) amended by the said S.I. 1993/1813, art.6, Sch. 3 para. 2 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3

Marginal Citations

M11 1981 c. 61.

Yn ddilys o 10/02/2003

[F56 25B Assisting entry to United Kingdom in breach of deportation or exclusion order U.K.

(1) A person commits an offence if he—

(a) does an act which facilitates a breach of a deportation order in force against an individual who is a citizen of the European Union, and

(b) knows or has reasonable cause for believing that the act facilitates a breach of the deportation order.

(2) Subsection (3) applies where the Secretary of State personally directs that the exclusion from the United Kingdom of an individual who is a citizen of the European Union is conducive to the public good.

(3) A person commits an offence if he—

(a) does an act which assists the individual to arrive in, enter or remain in the United Kingdom,

(b) knows or has reasonable cause for believing that the act assists the individual to arrive in, enter or remain in the United Kingdom, and

(c) knows or has reasonable cause for believing that the Secretary of State has personally directed that the individual’s exclusion from the United Kingdom is conducive to the public good.

(4) Subsections (4) to (6) of section 25 apply for the purpose of an offence under this section as they apply for the purpose of an offence under that section.]

Textual Amendments

F56 Ss. 25-25C substituted (10.2.2003) for s. 25 by 2002 c. 41, s. 143 (with s. 159); S.I. 2003/1, art. 2, Sch.

Yn ddilys o 10/02/2003

[F57 25C Forfeiture of vehicle, ship or aircraft U.K.

(1) This section applies where a person is convicted on indictment of an offence under section 25, 25A or 25B.

(2) The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the convicted person—

(a) owned the vehicle at the time the offence was committed,

(b) was at that time a director, secretary or manager of a company which owned the vehicle,

(c) was at that time in possession of the vehicle under a hire-purchase agreement,

(d) was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or

(e) was driving the vehicle in the course of the commission of the offence.

(3) The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—

(a) owned the ship or aircraft at the time the offence was committed,

(b) was at that time a director, secretary or manager of a company which owned the ship or aircraft,

(c) was at that time in possession of the ship or aircraft under a hire-purchase agreement,

(d) was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement,

(e) was at that time a charterer of the ship or aircraft, or

(f) committed the offence while acting as captain of the ship or aircraft.

(4) But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—

(a) in the case of a ship, if subsection (5) or (6) applies;

(b) in the case of an aircraft, if subsection (5) or (7) applies.

(5) This subsection applies where—

(a) in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and

(b) a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25, 25A or 25B.

(6) This subsection applies where a ship’s gross tonnage is less than 500 tons.

(7) This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.

(8) Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations.

(9) In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—

(a) an individual who seeks to enter a member State in breach of immigration law (within the meaning of section 25), and

(b) an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution).

(10) In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—

(a) an asylum-seeker (within the meaning of that section), and

(b) an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002.

(11) In the case of an offence under section 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002.]

Textual Amendments

F57 Ss. 25-25C substituted (10.2.2003) for s. 25 by 2002 c. 41, s. 143 (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C48 S. 25C applied (10.2.2003) by 2002 c. 41, s. 146(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Yn ddilys o 03/04/2000

[F58 25A Detention of ships, aircraft and vehicles in connection with offences under section 25(1). U.K.

(1) If a person has been arrested for an offence under section 25(1)(a) or (b), a senior officer or a constable may detain a relevant ship, aircraft or vehicle—

(a) until a decision is taken as to whether or not to charge the arrested person with that offence; or

(b) if the arrested person has been charged—

(i) until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

(ii) if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle.

(2) A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or constable concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 25(6).

(3) A person (other than the arrested person) who claims to be the owner of a ship, aircraft or vehicle which has been detained under this section may apply to the court for its release.

(4) The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if—

(a) the arrested person is convicted; and

(b) an order for its forfeiture is made under section 25(6).

(5) In the application to Scotland of subsection (1), for paragraphs (a) and (b) substitute—

“(a) until a decision is taken as to whether or not to institute criminal proceedings against the arrested person for that offence; or

(b) if criminal proceedings have been instituted against the arrested person—

(i) until he is acquitted or, under section 65 or 147 of the M12 Criminal Procedure (Scotland) Act 1995, discharged or liberated or the trial diet is deserted simpliciter;

(ii) if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle,

and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service on him of an indictment or complaint.”

(6) “Court” means—

(a) in England and Wales—

(i) if the arrested person has not been charged, the magistrates’ court for the petty sessions area in which he was arrested;

(ii) if he has been charged but proceedings for the offence have not begun to be heard, the magistrates’ court for the petty sessions area in which he was charged;

(iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;

(b) in Scotland, the sheriff; and

(c) in Northern Ireland—

(i) if the arrested person has not been charged, the magistrates’ court for the county court division in which he was arrested;

(ii) if he has been charged but proceedings for the offence have not begun to be heard, the magistrates’ court for the county court division in which he was charged;

(iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.

(7) “Owner” has the same meaning as it has in section 25(6).

(8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.]

Textual Amendments

F58 S. 25A inserted (3.4.2000) by 1999 c. 33, s. 38(2)(4); S.I. 2000/464, art. 2, Sch.

Marginal Citations

M12 1995 c. 46.

26 General offences in connection with administration of Act. U.K.

(1) A person shall be guilty of an offence punishable on summary conviction with a fine of not more than [F59 level 4 on the standard scale] or with imprisonment for not more than six months, or with both, in any of the following cases—

(a) if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;aA

(b) if, without reasonable excuse, he refuses or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;

(c) if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of this Act a return, statement or representation which he knows to be false or does not believe to be true;

(d) if, without lawful authority, he alters any [F60 certificate of entitlement], entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, [F60 certificate of entitlement], entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;

(e) if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act;

(f) if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above;

(g) if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.

(2) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above.

Textual Amendments

F59 Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

F60 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1)

Modifications etc. (not altering text)

C49 S. 26(1)(f) amended (S.) by Criminal Justice (Scotland) Act 1980 (c. 62), s. 26, Sch. 1

Yn ddilys o 10/02/2003

[F61 26A Registration card U.K.

(1) In this section “registration card” means a document which—

(a) carries information about a person (whether or not wholly or partly electronically), and

(b) is issued by the Secretary of State to the person wholly or partly in connection with a claim for asylum (whether or not made by that person).

(2) In subsection (1) “claim for asylum” has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002.

(3) A person commits an offence if he—

(a) makes a false registration card,

(b) alters a registration card with intent to deceive or to enable another to deceive,

(c) has a false or altered registration card in his possession without reasonable excuse,

(d) uses or attempts to use a false registration card for a purpose for which a registration card is issued,

(e) uses or attempts to use an altered registration card with intent to deceive,

(f) makes an article designed to be used in making a false registration card,

(g) makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or

(h) has an article within paragraph (f) or (g) in his possession without reasonable excuse.

(4) In subsection (3) “false registration card” means a document which is designed to appear to be a registration card.

(5) A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(6) A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(7) The Secretary of State may by order—

(a) amend the definition of “registration card” in subsection (1);

(b) make consequential amendment of this section.

(8) An order under subsection (7)—

(a) must be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.]

Textual Amendments

F61 S. 26A inserted (10.2.2003) by 2002 c. 41, s. 148 (with s. 159); S.I. 2003/1, art. 2, Sch.

Yn ddilys o 10/02/2003

[F62 26B Possession of immigration stamp U.K.

(1) A person commits an offence if he has an immigration stamp in his possession without reasonable excuse.

(2) A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse.

(3) In this section—

(a) “immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function,

(b) “replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and

(c) “immigration function” means a function of an immigration officer or the Secretary of State under the Immigration Acts.

(4) A person who is guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.]

Textual Amendments

F62 S. 26B inserted (10.2.2003) by 2002 c. 41, s. 149 (with s. 159); S.I. 2003/1, art. 2, Sch.

27 Offences by persons connected with ships or aircraft or with ports. U.K.

A person shall be guilty of an offence punishable on summary conviction with a fine of not more than [F63 level 4 on the standard scale] or with imprisonment for not more than six months, or with both, in any of the following cases—

(a) if, being the captain of a ship or aircraft,—

(i) he knowingly permits a person to disembark in the United Kingdom when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connection with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or

(ii) he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 with respect to the removal of a person from the United Kingdom;

(b) if, as owner or agent of a ship or aircraft,—

(i) he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or

(ii) he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or

(iii) he fails, without reasonable excuse, to make arrangements for the removal of a person from the United Kingdom when required to do so by directions given under Schedule 2 or 3 to this Act;

(c) if, as owner or agent of a ship or aircraft or as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated.

[F64 (d) if, as the Concessionaires,—

(i) they fail, without reasonable excuse, to make arrangements for the removal of a person from the United Kingdom when required to do so by directions given under Schedule 2 to this Act, or

(ii) they fail, without reasonable excuse, to observe any conditions or restrictions notified to them under Schedule 2 to this Act in relation to a control area.]

Textual Amendments

F63 Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

F64 S. 27(d) inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 4

28 Proceedings. U.K.

(1) Where the offence is one to which, under section 24, 25 or 26 above, an extended time limit for prosecutions is to apply, then—

(a) an information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by [F65 an officer of police above the rank of chief superintendent] to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of [F65 the police force to which he belongs]; and

(b) summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and

(c) a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.

(2) For purposes of subsection (1)(b) above proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (1)(b) came to his knowledge shall be conclusive evidence.

(3) For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.

(4) Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.

Textual Amendments

F65 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 4

Yn ddilys o 14/02/2000

[F66 28A Arrest without warrant. U.K.

(1) A constable or immigration officer may arrest without warrant a person—

(a) who has committed or attempted to commit an offence under section 24 or 24A; or

(b) whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

(2) But subsection (1) does not apply in relation to an offence under section 24(1)(d).

(3) An immigration officer may arrest without warrant a person—

(a) who has committed an offence under section 25(1); or

(b) whom he has reasonable grounds for suspecting has committed that offence.

(4) An immigration officer may arrest without warrant a person—

(a) who has committed or attempted to commit an offence under section 25(2); or

(b) whom he has reasonable grounds for suspecting has committed or attempted to commit that offence.

(5) An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

(a) has committed or attempted to commit an offence under section 26(1)(g); or

(b) is committing or attempting to commit that offence.

(6) The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

(7) The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

(a) he does not know, and cannot readily discover, the suspect’s name;

(b) he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

(c) the suspect has failed to give him a satisfactory address for service; or

(d) he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

(8) The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

(a) causing physical injury to himself or another person;

(b) suffering physical injury; or

(c) causing loss of or damage to property.

(9) For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

(a) that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

(b) that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

(10) In relation to the exercise of the powers conferred by subsections (3)(b), (4)(b) and (5), it is immaterial that no offence has been committed.

(11) In Scotland the powers conferred by subsections (3), (4) and (5) may also be exercised by a constable.]

Textual Amendments

F66 S. 28A inserted (14.2.2000) by 1999 c. 33, s. 128; S.I. 2000/168, art. 2, Sch

Modifications etc. (not altering text)

C50 S. 28A(1)(3) amended (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 1993/1813, art. 6, Sch. 3 Pt. I para. 2(1)(a)(2)(a) (as substituted (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 2001/1544, art. 4(2))

C51 S. 28A(3) modified (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 1993/1813, art. 7(1), Sch. 4 para. 1(9A) (as inserted (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 2001/1544, art. 6(2))

Yn ddilys o 08/01/2003

[F67 28AA Arrest with warrant U.K.

(1) This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under—

(a) section 24(1)(d), or

(b) section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence).

(2) The justice of the peace may grant a warrant authorising any immigration officer to arrest the person.

(3) In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace.]

Textual Amendments

F67 S. 28AA inserted (8.1.2003) by 2002 c. 41, s. 152, (with s. 159), S.I. 2002/2811, art. 2, Sch.

Yn ddilys o 14/02/2000

[F68 28B Search and arrest by warrant. U.K.

(1) Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises.

(2) The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

(3) Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).

(4) The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

(5) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25(2).]

Textual Amendments

F68 S. 28B inserted (14.2.2000) by 1999 c. 33, s. 129; S.I. 2000/168, art. 2, Sch

Yn ddilys o 14/02/2000

[F69 28C Search and arrest without warrant. U.K.

(1) An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25(1).

(2) The power may be exercised—

(a) only to the extent that it is reasonably required for that purpose; and

(b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

(3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and

(b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

(4) The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).]

Textual Amendments

F69 S. 28C inserted (14.2.2000) by 1999 c. 33, s. 130; S.I. 2000/168, art. 2, Sch

Yn ddilys o 08/01/2003

[F70 28CA Business premises: entry to arrest U.K.

(1) A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—

(a) for an offence under section 24,

(b) for an offence under section 24A, or

(c) under paragraph 17 of Schedule 2.

(2) The power under subsection (1) may be exercised only—

(a) to the extent that it is reasonably required for a purpose specified in subsection (1),

(b) if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,

(c) with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and

(d) if the constable or immigration officer produces identification showing his status.

(3) Authority for the purposes of subsection (2)(c)—

(a) may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and

(b) shall expire at the end of the period of seven days beginning with the day on which it is given.

(4) Subsection (2)(d) applies—

(a) whether or not a constable or immigration officer is asked to produce identification, but

(b) only where premises are occupied.

(5) Subsection (6) applies where a constable or immigration officer—

(a) enters premises in reliance on this section, and

(b) detains a person on the premises.

(6) A detainee custody officer may enter the premises for the purpose of carrying out a search.

(7) In subsection (6)—

• “detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and

• “search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).]

Textual Amendments

F70 S. 28CA inserted (8.1.2003) by 2002 c. 41, s. 153(1) (with s. 159); S.I 2002/2811, art. 2, Sch.

Modifications etc. (not altering text)

C52 Ss. 28A, 28CA, 28FA modified (1.1.2007) by The Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 15(c)

Yn ddilys o 14/02/2000

[F71 28D Entry and search of premises. U.K.

(1) If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that—

(a) a relevant offence has been committed,

(b) there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,

(c) the material is likely to be relevant evidence,

(d) the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and

(e) any of the conditions specified in subsection (2) applies,

he may issue a warrant authorising an immigration officer to enter and search the premises.

(2) The conditions are that—

(a) it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c) entry to the premises will not be granted unless a warrant is produced;

(d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.

(3) An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).

(4) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25.

(5) In relation to England and Wales, expressions which are given a meaning by the M13 Police and Criminal Evidence Act 1984 have the same meaning when used in this section.

(6) In relation to Northern Ireland, expressions which are given a meaning by the M14 Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.

(7) In the application of subsection (1) to Scotland—

(a) read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace; and

(b) in paragraph (d), omit the reference to excluded material and special procedure material.]

Textual Amendments

F71 S. 28D inserted (14.2.2000) by 1999 c. 33, s. 131; S.I. 2000/168, art. 2, Sch

Modifications etc. (not altering text)

C53 S. 28D(3): powers of seizure extended (prosp.) by 2001 c. 16, ss. 50, 52-54, 55, 68, 138(2), Sch. 1 Pt. 1 para. 15, Sch. 1 Pt. 3 para. 95 (with s. 57(3))

Marginal Citations

M13 1984 c. 60.

M14 S.I. 1989/1341 (N.I. 12).

Yn ddilys o 14/02/2000

[F72 28E Entry and search of premises following arrest. U.K.

(1) This section applies if a person is arrested for an offence under this Part at a place other than a police station.

(2) An immigration officer may enter and search any premises—

(a) in which the person was when arrested, or

(b) in which he was immediately before he was arrested,

for evidence relating to the offence for which the arrest was made (“relevant evidence”).

(3) The power may be exercised—

(a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and

(b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence.

(4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—

(a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and

(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.

(6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.]

Textual Amendments

F72 S. 28E inserted (14.2.2000) by 1999 c. 33, s. 132(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C54 S. 28E modified (1.5.2004) by The Accession (Immigration and Worker Registration) Regulations 2004 (S.I. 2004/1219), reg. 9(11)(b)

C55 S. 28E modified (22.9.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 2(11)(b), 48(1)

C56 S. 28E applied (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 14(3)(b); S.I. 2004/2999, art. 2, Sch.

C57 S. 28E modified (1.1.2007) by The Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 15(b)

C58 S. 28E modified (29.2.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 21(3)(b), 62; S.I. 2008/310, art. 2(1) (subject to art. 5)

C59 S. 28E modified by Immigration and Asylum Act 1999 (c. 33), s. 109B(1)(b) (as inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 18, 59; S.I. 2008/99, art. 2)

S. 28E modified (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 23(2)(b), 59; S.I. 2008/99, art. 2

C60 S. 28E(5): powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-55, 68, Sch. 1 Pt. 1 para. 15; S.I. 2003/708, art. 2

Yn ddilys o 14/02/2000

[F73 28F Entry and search of premises following arrest under section 25(1). U.K.

(1) An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25(1).

(2) The power may be exercised—

(a) only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;

(b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and

(c) subject to subsection (3), only if a senior officer has authorised it in writing.

(3) The power may be exercised—

(a) before taking the arrested person to a place where he is to be detained; and

(b) without obtaining an authorisation under subsection (2)(c),

if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.

(4) An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.

(5) The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of—

(a) the grounds for the search; and

(b) the nature of the evidence that was sought.

(6) An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.

(7) “Relevant evidence” means evidence, other than items subject to legal privilege, that relates to the offence in question.

(8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.]

Textual Amendments

F73 S. 28F inserted (14.2.2000) by 1999 c. 33, s. 133; S.I. 2000/168, art. 2, Sch

Modifications etc. (not altering text)

C61 S. 28F(6): powers of seizure extended (prosp.) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 15

Yn ddilys o 08/01/2003

[F74 28FA Search for personnel records: warrant unnecessary U.K.

(1) This section applies where—

(a) a person has been arrested for an offence under section 24(1) or 24A(1),

(b) a person has been arrested under paragraph 17 of Schedule 2,

(c) a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or

(d) a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.

(2) A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes—

(a) that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and

(b) that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence.

(3) A constable or officer searching premises under subsection (2) may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—

(a) an immigration employment offence, or

(b) an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

(4) The power under subsection (2) may be exercised only—

(a) to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege,

(b) if the constable or immigration officer produces identification showing his status, and

(c) if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies.

(5) Those conditions are—

(a) that it is not practicable to communicate with a person entitled to grant access to the records,

(b) that permission to search has been refused,

(c) that permission to search would be refused if requested, and

(d) that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2).

(6) Subsection (4)(b) applies—

(a) whether or not a constable or immigration officer is asked to produce identification, but

(b) only where premises are occupied.

(7) In this section “immigration employment offence” means an offence under section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment).]

Textual Amendments

F74 S. 28FA inserted (8.1.2003) by 2002 c. 41, s. 154 (with s. 159); S.I. 2002/2811, art. 2, Sch.

Modifications etc. (not altering text)

C62 Ss. 28A, 28CA, 28FA modified (1.1.2007) by The Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 15(c)

Yn ddilys o 08/01/2003

[F75 28FB Search for personnel records: with warrant U.K.

(1) This section applies where on an application made by an immigration officer in respect of business premises a justice of the peace is satisfied that there are reasonable grounds for believing—

(a) that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer),

(b) that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and

(c) that at least one of the conditions in subsection (2) is satisfied.

(2) Those conditions are—

(a) that it is not practicable to communicate with a person entitled to grant access to the premises,

(b) that it is not practicable to communicate with a person entitled to grant access to the records,

(c) that entry to the premises or access to the records will not be granted unless a warrant is produced, and

(d) that the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.

(3) The justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.

(4) Subsection (7)(a) of section 28D shall have effect for the purposes of this section as it has effect for the purposes of that section.

(5) An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—

(a) an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act, or

(b) an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).]

Textual Amendments

F75 S. 28FB inserted (8.1.2003) by 2002 c. 41, s. 154 (with s. 159); S.I. 2002/2811, art. 2, Sch. (subject to transitional provision in art. 6 of the said S.I. 2002/2811)

Yn ddilys o 14/02/2000

[F76 28G Searching arrested persons. U.K.

(1) This section applies if a person is arrested for an offence under this Part at a place other than a police station.

(2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(3) The officer may search the arrested person for—

(a) anything which he might use to assist his escape from lawful custody; or

(b) anything which might be evidence relating to the offence for which he has been arrested.

(4) The power conferred by subsection (3) may be exercised—

(a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and

(b) only to the extent that it is reasonably required for the purpose of discovering any such thing.

(5) A power conferred by this section to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.

(6) An officer searching a person under subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that that person might use it to cause physical injury to himself or to another person.

(7) An officer searching a person under subsection (3) may seize and retain anything he finds, if he has reasonable grounds for believing—

(a) that that person might use it to assist his escape from lawful custody; or

(b) that it is evidence which relates to the offence in question.

(8) Subsection (7)(b) does not apply to an item subject to legal privilege.]

Textual Amendments

F76 S. 28G inserted (14.2.2000) by 1999 c. 33, s. 134(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C63 S. 28G modified (1.5.2004) by The Accession (Immigration and Worker Registration) Regulations 2004 (S.I. 2004/1219), reg. 9(11)(b)

C64 S. 28G modified (22.9.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 2(11)(b), 48(1)

C65 S. 28G applied (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 14(3)(c); S.I. 2004/2999, art. 2, Sch.

C66 S. 28G modified (1.1.2007) by The Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 15(b)

C67 S. 28G modified (29.2.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 21(3)(b), 62; S.I. 2008/310, art. 2(1) (subject to art. 5)

C68 S. 28G modified by Immigration and Asylum Act 1999 (c. 33), s. 109B(1)(b) (as inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 18, 59; S.I. 2008/99, art. 2)

S. 28G modified (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 23(2)(b), 59; S.I. 2008/99, art. 2

C69 S. 28G(7): powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 78; S.I. 2003/708, art. 2

Yn ddilys o 14/02/2000

[F77 28H Searching persons in police custody. U.K.

(1) This section applies if a person—

(a) has been arrested for an offence under this Part; and

(b) is in custody at a police station or in police detention at a place other than a police station.

(2) An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything—

(a) which he might use to—

(i) cause physical injury to himself or others;

(ii) damage property;

(iii) interfere with evidence; or

(iv) assist his escape; or

(b) which the officer has reasonable grounds for believing is evidence relating to the offence in question.

(3) The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2).

(4) An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that—

(a) that person might use it for one or more of the purposes mentioned in subsection (2)(a); or

(b) it is evidence relating to the offence in question.

(5) Anything seized under subsection (4)(a) may be retained by the police.

(6) Anything seized under subsection (4)(b) may be retained by an immigration officer.

(7) The person from whom something is seized must be told the reason for the seizure unless he is—

(a) violent or appears likely to become violent; or

(b) incapable of understanding what is said to him.

(8) An intimate search may not be conducted under this section.

(9) The person carrying out a search under this section must be of the same sex as the person searched.

(10) “Custody officer”—

(a) in relation to England and Wales, has the same meaning as in the M15 Police and Criminal Evidence Act 1984;

(b) in relation to Scotland, means the officer in charge of a police station; and

(c) in relation to Northern Ireland, has the same meaning as in the M16 Police and Criminal Evidence (Northern Ireland) Order 1989.

(11) “Intimate search”—

(a) in relation to England and Wales, has the meaning given by section 65 of the Act of 1984;

(b) in relation to Scotland, means a search which consists of the physical examination of a person’s body orifices other than the mouth; and

(c) in relation to Northern Ireland, has the same meaning as in the 1989 Order.

(12) “Police detention”—

(a) in relation to England and Wales, has the meaning given by section 118(2) of the 1984 Act; and

(b) in relation to Northern Ireland, has the meaning given by Article 2 of the 1989 Order.

(13) In relation to Scotland, a person is in police detention if—

(a) he has been taken to a police station after being arrested for an offence; or

(b) he is arrested at a police station after attending voluntarily at the station, accompanying a constable to it or being detained under section 14 of the M17 Criminal Procedure (Scotland) Act 1995,

and is detained there or is detained elsewhere in the charge of a constable, but is not in police detention if he is in court after being charged.]

Textual Amendments

F77 S. 28H inserted (14.2.2000) by 1999 c. 33, s. 135(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C70 S. 28H modified (1.5.2004) by The Accession (Immigration and Worker Registration) Regulations 2004 (S.I. 2004/1219), reg. 9(11)(b)

C71 S. 28H modified (22.9.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 2(11)(b), 48(1)

C72 S. 28H applied (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 14(3)(c); S.I. 2004/2999, art. 2, Sch.

C73 S. 28H modified (1.1.2007) by The Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 15(b)

C74 S. 28H modified (29.2.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 21(3)(b), 62; S.I. 2008/310, art. 2(1) (subject to art. 5)

C75 S. 28H modified by Immigration and Asylum Act 1999 (c. 33), s. 109B(1)(b) (as inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 18, 59; S.I. 2008/99, art. 2)

S. 28H modified (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 23(2)(b), 59; S.I. 2008/99, art. 2

Marginal Citations

M15 1984 c. 60.

M16 S.I. 1989/1341 (N.I. 12).

M17 1995 c. 43.

Yn ddilys o 14/02/2000

[F78 28I Seized material: access and copying. U.K.

(1) If a person showing himself—

(a) to be the occupier of the premises on which seized material was seized, or

(b) to have had custody or control of the material immediately before it was seized,

asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.

(2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision—

(a) in the case of seized material within subsection (8)(a), of an immigration officer;

(b) in the case of seized material within subsection (8)(b), of a constable.

(3) An immigration officer may photograph or copy, or have photographed or copied, seized material.

(4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—

(a) that person to have access to the material for the purpose of photographing or copying it under the supervision—

(i) in the case of seized material within subsection (8)(a), of an immigration officer;

(ii) in the case of seized material within subsection (8)(b), of a constable; or

(b) the material to be photographed or copied.

(5) A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time.

(6) There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—

(a) the exercise of any functions in connection with which the material was seized; or

(b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.

(7) “Relevant person” means—

(a) a person who had custody or control of seized material immediately before it was seized, or

(b) someone acting on behalf of such a person.

(8) “Seized material” means anything—

(a) seized and retained by an immigration officer, or

(b) seized by an immigration officer and retained by the police,

under this Part.]

Textual Amendments

F78 S. 28I inserted (14.2.2000) by 1999 c. 33, s. 136(1); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C76 S. 28I applied (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 14(3)(d); S.I. 2004/2999, art. 2, Sch.

C77 S. 28I applied by Immigration and Asylum Act 1999 (c. 33), s. 109B(2)(a) (as inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 18, 59; S.I. 2008/99, art. 2)

S. 28I applied (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 23(3)(a), 59; S.I. 2008/99, art. 2

S. 28I applied (31.3.2008) by UK Borders Act 2007 (c. 30), ss. 46(4), 59; S.I. 2008/309, art. 3

Yn ddilys o 14/02/2000

[F79 28J Search warrants: safeguards. U.K.

(1) The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K.

(2) If an immigration officer applies for a warrant, he must—

(a) state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;

(b) specify the premises which it is desired to enter and search; and

(c) identify, so far as is practicable, the persons or articles to be sought.

(3) In Northern Ireland, an application for a warrant is to be supported by a complaint in writing and substantiated on oath.

(4) Otherwise, an application for a warrant is to be made ex parte and supported by an information in writing or, in Scotland, evidence on oath.

(5) The officer must answer on oath any question that the justice of the peace or sheriff hearing the application asks him.

(6) A warrant shall authorise an entry on one occasion only.

(7) A warrant must specify—

(a) the name of the person applying for it;

(b) the date on which it is issued;

(c) the premises to be searched; and

(d) the provision of this Act under which it is issued.

(8) A warrant must identify, so far as is practicable, the persons or articles to be sought.

(9) Two copies of a warrant must be made.

(10) The copies must be clearly certified as copies.

(11) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.]

Textual Amendments

F79 S. 28J inserted (14.2.2000) by 1999 c. 33, s. 137; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C78 S. 28J applied by 1999 c. 33, s. 109B(2)(b) (as inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 18, 59; S.I. 2008/99, art. 2)

S. 28J applied (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 23(3)(b), 59; S.I. 2008/99, art. 2

S. 28J applied (with modifications) (31.3.2008) by UK Borders Act 2007 (c. 30), ss. 45(4), 59; S.I. 2008/309, art. 3

Yn ddilys o 14/02/2000

[F80 28K Execution of warrants. U.K.

(1) A warrant may be executed by any immigration officer.

(2) A warrant may authorise persons to accompany the officer executing it.

(3) Entry and search under a warrant must be—

(a) within one month from the date of its issue; and

(b) at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated.

(4) If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must—

(a) identify himself to the occupier and produce identification showing that he is an immigration officer;

(b) show the occupier the warrant; and

(c) supply him with a copy of it.

(5) If—

(a) the occupier is not present, but

(b) some other person who appears to the officer to be in charge of the premises is present,

subsection (4) has effect as if each reference to the occupier were a reference to that other person.

(6) If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises.

(7) A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.

(8) An officer executing a warrant must make an endorsement on it stating—

(a) whether the persons or articles sought were found; and

(b) whether any articles, other than articles which were sought, were seized.

(9) A warrant which has been executed, or has not been executed within the time authorised for its execution, must be returned—

(a) if issued by a justice of the peace in England and Wales, to the justices’ chief executive appointed by the magistrates’ court committee whose area includes the petty sessions area for which the justice acts;

(b) if issued by a justice of the peace in Northern Ireland, to the clerk of petty sessions for the petty sessions district in which the premises are situated;

(c) if issued by a justice of the peace in Scotland, to the clerk of the district court for the commission area for which the justice of the peace was appointed;

(d) if issued by the sheriff, to the sheriff clerk.

(10) A warrant returned under subsection (9)(a) must be retained for 12 months by the justices’ chief executive.

(11) A warrant issued under subsection (9)(b) or (c) must be retained for 12 months by the clerk.

(12) A warrant returned under subsection (9)(d) must be retained for 12 months by the sheriff clerk.

(13) If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so.

(14) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.]

Textual Amendments

F80 S. 28K inserted (14.2.2000) by 1999 c. 33, s. 138; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C79 S. 28K(9)(a)(10) amended (temp. until 1.4.2001) by 1999 c. 33, s. 169(2), Sch. 15 para. 4(b); S.I. 2000/168, art. 2, Sch; S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

Yn ddilys o 14/02/2000

[F81 28L Interpretation of Part III. U.K.

In this Part, “premises” and “items subject to legal privilege” have the same meaning—

(a) in relation to England and Wales, as in the M18 Police and Criminal Evidence Act 1984;

(b) in relation to Northern Ireland, as in the M19 Police and Criminal Evidence (Northern Ireland) Order 1989; and

(c) in relation to Scotland, as in section 33 of the M20 Criminal Law (Consolidation) (Scotland) Act 1995.]

Textual Amendments

F81 S. 28L inserted (14.2.2000) by 1999 c. 33, s. 139(1); S.I. 2000/168, art. 2, Sch

Marginal Citations

M18 1984 c. 60.

M19 S.I. 1989/1341 (N.I. 12).

M20 1995 c. 39.

Part IV U.K. Supplementary

29 Contributions for expenses of persons returning abroad. U.K.

(1) The Secretary of State may, in such cases as he may with the approval of the Treasury determine, make payments of such amount as may be so determined to meet or provide for expenses of persons who are not [F82 British citizens] in leaving the United Kingdom for a country or territory where they intend to reside permanently, including travelling expenses for members of their families or households.

(2) The Secretary of State shall, so far as practicable, administer this section so as to secure that a person’s expenses in leaving the United Kingdom are not met by or out of a payment made by the Secretary of State unless it is shown that it is in that person’s interest to leave the United Kingdom and that he wishes to do so.

Textual Amendments

F82 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

Modifications etc. (not altering text)

C80 S. 29 extended (with modfications)(1.8.1993) by S.I. 1993/1796 art. 3(1), Sch. 1 Pt.I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt.I (Jersey)

30 Return of mental patients. U.K.

F83 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 S. 30(1) repealed (1.1.1983) by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 9 (with Sch. 8 para. 8); S.I. 1982/933, art. 2 [Editorial note: According to the Chronological Table of the Statutes (1951-1987) (HMSO, 1989) there were no amendments made to s. 30 between the date of Royal Assent and the repeal of s. 30(1) on 1.1.1983 and therefore the text of s. 30 as in force immediately before the commencement of the British Nationality Act 1981 is the same as that of the Original (As enacted) Version of this section.]

F84 S. 30 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(2), Sch. 5

31 Expenses. U.K.

There shall be defrayed out of moneys provided by Parliament any expenses incurred [F85 by the Lord Chancellor under Schedule 5 to this Act or] by a Secretary of State under or by virtue of this Act—

(a) by way of administrative expenses F86 . . .; or

(b) in connection with the removal of any person from the United Kingdom under Schedule 2 or 3 to this Act or the departure with him of his dependants, or his or their maintenance pending departure; or

F87 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) on the making of any grants or payments under section 23 or 29 above.

Textual Amendments

F85 Words inserted by S.I. 1987/465, art. 3(1)(4)

F86 Words repealed by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 9

F87 S. 31(c) repealed by S.I. 1987/465, art. 3(1)(4)

Yn ddilys o 22/05/2000

[F88 31A Procedural requirements as to applications. U.K.

(1) If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form.

(2) If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind.

(3) “Prescribed” means prescribed in regulations made by the Secretary of State.

(4) The power to make regulations under this section is exercisable by statutory instrument.

(5) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F88 S. 31A inserted (22.5.2000 for certain purposes, otherwise prosp.) by 1999 c. 33, ss. 165, 170(4); S.I. 2000/1282, art. 2, Sch.

32 General provisions as to Orders in Council, etc. U.K.

(1) Any power conferred by Part I of this Act to make an Order in Council or order (other than a deportation order) or to give any directions includes power to revoke or vary the Order in Council, order or directions.

(2) Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of this Act and to be signed by him or on his behalf, and any document purporting to be a certificate of the Secretary of State so given and to be signed by him, shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or issued by him.

(3) Prima facie evidence of any such order, notice, direction or certificate as aforesaid may, in any legal proceedings or proceedings under Part II of this Act, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the order, notice, direction or certificate.

(4) Where an order under section 8(2) above applies to persons specified in a schedule to the order, or any directions of the Secretary of State given for the purposes of this Act apply to persons specified in a schedule to the directions, prima facie evidence of the provisions of the order or directions other than the schedule and of any entry contained in the schedule may, in any legal proceedings or proceedings under Part II of this Act, be given by the production of a document purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the said provisions and of the relevant entry.

Modifications etc. (not altering text)

C81 S. 32 extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt.I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt.I (Jersey)

33 Interpretation. U.K.

(1) For purposes of this Act, except in so far as the context otherwise requires—

• “aircraft” includes hovercraft, “airport” includes hoverport and “port” includes airport;

• “captain” means master (of a ship) or commander (of an aircraft);

• “certificate of [F89 entitlement]” means such a certificate as is referred to in section 3(9) above;

• [F90 “Concessionaires” has the same meaning as in the Channel Tunnel Act 1987;]

• “crew”, in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and “member of the crew” shall be construed accordingly;

• “entrant” means a person entering or seeking to enter the United Kingdom, and “illegal entrant” means a person unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, and includes also a person who has so entered;

• “entry clearance” means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence [F91 or the requisite evidence] of a person’s eligibility, though not [F92 a British citizen], for entry into the United Kingdom (but does not include a work permit);

• “immigration laws” means this Act and any law for purposes similar to this Act which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands;

• “immigration rules” means the rules for the time being laid down as mentioned in section 3(2) above;

• “the Islands” means the Channel Islands and the Isle of Man, and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together;

• “legally adopted” means adopted in pursuance of an order made by any court in the United Kingdom and Islands or by any adoption specified as an overseas adoption by order of the Secretary of State under [F93 section 4 of the M21 Adoption Act 1968][F93 section 72(2) of the M22 Adoption Act 1976];

• “limited leave” and “indefinite leave” mean respectively leave under this Act to enter or remain in the United Kingdom which is, and one which is not, limited as to duration;

• “settled” shall be construed in accordance [F94 with subsection (2A) below;]

• “ship” includes every description of vessel used in navigation;

• [F95 “tunnel system” has the same meaning as in the Channel Tunnel Act 1987;]

• [F96 “United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a dependent territory within the meaning of the M23 British Nationality Act 1981;]

• “work permit” means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not [F92 a British citizen], for entry into the United Kingdom for the purpose of taking employment.

(2) It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United Kingdom or in any of the Islands at a time when he is there in breach of the immigration laws.

[F97 (2A) Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.]

(3) The ports of entry for purposes of this Act, and the ports of exit for purposes of any Order in Council under section 3(7) above, shall be such ports as may from time to time be designated for the purpose by order of the Secretary of State made by statutory instrument.

(4) For purposes of this Act an appeal under Part II shall, subject to any express provision to the contrary, be treated as pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn; and [F98 an] appeal shall not be treated as finally determined so long as a further appeal can be brought by virtue of section 20 [F99 or section 9 of the Asylum and Immigration Appeals Act 1993] nor, if such an appeal is duly brought, until it is determined or withdrawn.

(5) This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative.

Textual Amendments

F89 Word substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(2)

F90 Definition inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 5

F91 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 5

F92 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

F93 In s. 33(1) in the definition of "legally adopted" the words "section 72(2) of the Adoption Act 1976" substituted (E.W.) for the words "section 4 of the Adoption Act 1968" by Adoption Act 1976 (c. 36), s. 73(2), Sch. 3 Pt. I para. 17

F94 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 7(a)(i)

F95 Definition inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 5

F96 Definition inserted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 7(a)(ii)

F97 S. 33(2A) inserted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 7(b)

F98 Words in s. 33(4) substituted (26.7.1993) by 1993 c. 23, s. 9(5)(a); S.I. 1993, art.2

F99 Words in s. 33(4) inserted (26.7.1993) by 1993 c. 23, s. 9(5)(b); S.I. 1993/1655, art.2

Marginal Citations

M21 1968 c. 53.

M22 1976 c. 36.

M23 1981 c. 61.

34 Repeal, transitional and temporary. U.K.

(1) Subject to the following provisions of this section, the enactments mentioned in Schedule 6 to this Act are hereby repealed, as from the coming into force of this Act, to the extent mentioned in column 3 of the Schedule; and—

(a) this Act, as from its coming into force, shall apply in relation to entrants or others arriving in the United Kingdom at whatever date before or after it comes into force; and

(b) after this Act comes into force anything done under or for the purposes of the former immigration laws shall have effect, in so far as any corresponding action could be taken under or for the purposes of this Act, as if done by way of action so taken, and in relation to anything so done this Act shall apply accordingly.

(2) Without prejudice to the generality of subsection (1)(a) and (b) above, a person refused leave to land by virtue of the M24 Aliens Restriction Act 1914 shall be treated as having been refused leave to enter under this Act, and a person given leave to land by virtue of that Act shall be treated as having been given leave to enter under this Act; and similarly with the M25 M26 Commonwealth Immigrants Acts 1962and 1968.

(3) A person treated in accordance with subsection (2) above as having leave to enter the United Kingdom—

(a) shall be treated as having an indefinite leave, if he is not at the coming into force of this Act subject to a condition limiting his stay in the United Kingdom; and

(b) shall be treated, if he is then subject to such a condition, as having a limited leave of such duration, and subject to such conditions (capable of being attached to leave under this Act), as correspond to the conditions to which he is then subject, but not to conditions not capable of being so attached.

This subsection shall have effect in relation to any restriction or requirement imposed by Order in Council under the M27 Aliens Restriction Act 1914 as if it had been imposed by way of a landing condition.

(4) Notwithstanding anything in the foregoing provisions of this Act, the former immigration laws shall continue to apply, and this Act shall not apply,—

(a) in relation to the making of deportation orders and matters connected therewith in any case where a decision to make the order has been notified to the person concerned before the coming into force of this Act;

(b) in relation to removal from the United Kingdom and matters connected therewith (including detention pending removal or pending the giving of directions for removal) in any case where a person is to be removed in pursuance of a decision taken before the coming into force of this Act or in pursuance of a deportation order to the making of which paragraph (a) above applies;

(c) in relation to appeals against any decision taken or other thing done under the former immigration laws, whether taken or done before the coming into force of this Act or by virtue of this subsection.

(5) Subsection (1) above shall not be taken as empowering a court on appeal to recommend for deportation a person whom the court below could not recommend for deportation, or as affecting any right of appeal in respect of a recommendation for deportation made before this Act comes into force, or as enabling a notice given before this Act comes into force and not complying with section 6(2) to take the place of the notice required by section 6(2) to be given before a person is recommended for deportation.

(6) So long as section 2 of the M28 Southern Rhodesia Act 1965 remains in force, this Act shall have effect subject to such provision as may (before or after this Act comes into force) be made by Order in Council under and for the purposes of that section.

Marginal Citations

M24 1914 c. 12.

M25 1962 c. 21.

M26 1968 c. 9.

M27 1914 c. 12.

M28 1965 c. 76.

35 Commencement, and interim provisions. U.K.

(1) Except as otherwise provided by this Act, Parts I to III of this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and references to the coming into force of this Act shall be construed as references to the beginning of the day so appointed.

(2) Section 25 above, except section 25(2), and section 28 in its application to offences under section 25(1) shall come into force at the end of one month beginning with the date this Act is passed.

(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

Subordinate Legislation Made

P1 1.1.1973 appointed under s. 35(1) by S.I. 1972/1514

Textual Amendments

F100 S. 35(3)–(5) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XIII

36 Power to extend to Islands. U.K.

Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the Islands; and any Order in Council under this subsection may be varied or revoked by a further Order in Council.

Modifications etc. (not altering text)

C82 S. 36 applied by Immigration (Carriers' Liability) Act 1987 (c. 24, SIF 62), s. 2(3) and by Immigration Act 1988 (c.14, SIF 62), s. 12(5)

C83 S. 36 extended by British Nationality Act 1981 (c. 61), s. 53(5)(7)

37 Short title and extent. U.K.

(1) This Act may be cited as the Immigration Act 1971.

(2) It is hereby declared that this Act extends to Northern Ireland, and (without prejudice to any provision of Schedule 1 to this Act as to the extent of that Schedule) where an enactment repealed by this Act extends outside the United Kingdom, the repeal shall be of like extent.

Modifications etc. (not altering text)

C84 S. 37 extended (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (Jersey) (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

SCHEDULES

F101 SCHEDULE 1 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Sch. 1 repealed (1.1.1983) by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 9 (with Sch. 8 para. 8); S.I. 1982/933, art. 2 [Editorial note: According to the Chronological Table of the Statutes (1951-1987) (HMSO, 1989) there were no amendments made to Sch. 1 between the date of Royal Assent and its substitution on 1.1.1983 and therefore the text of Sch. 1 as in force immediately before the commencement of the British Nationality Act 1981 is the same as that of the Original (As enacted) Version of this Schedule.]

SCHEDULE 2 U.K. Administrative Provisions as to Control on Entry etc.

Modifications etc. (not altering text)

C85 Sch. 2 modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(b); S.I. 1991/1072, art. 2, Sch. Pt.I

C86 Sch. 2 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(11) (as amended: (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11; (30.7.2000) by S.I. 2000/1775, arts. 1, 2(2); (25.5.2001) by S.I. 2001/1544, arts. 1(2), 6(3) (as itself amended (2.1.2008) by S.I. 2007/3579, art. 2(2)(3)); (5.8.2014) by S.I. 2014/1814, arts. 1, 2(3)(4); and (30.9.2020) by S.I. 2020/915, arts. 1(2), 5(5))

Sch. 2 extended (with modifications): (Guernsey) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1; (Jersey) (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

Sch. 2 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

Sch. 2 amended (2.10.2000) by 1999 c. 33, s. 66; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 extended (10.2.2003) (with modifications) by 2002 c. 41, s. 62(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Sch. 2 amended (1.4.2003) by 2002 c. 41, s. 68 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2) (as amended by S.I. 2003/1040 and S.I. 2003/1339)

C87 Sch. 2 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(4) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(c))

Part I U.K. General Provisions

Modifications etc. (not altering text)

C88 Sch. 2 Pt. I applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

Immigration officers and medical inspectors U.K.

1 (1) Immigration officers for the purposes of this Act shall be appointed by the Secretary of State, and he may arrange with the Commissioners of Customs and Excise for the employment of officers of customs and excise as immigration officers under this Act.

(2) Medical inspectors for the purposes of this Act may be appointed by the Secretary of State or, in Northern Ireland, by the Minister of Health and Social Services or other appropriate Minister of the Government of Northern Ireland in pursuance of arrangements made between that Minister and the Secretary of State, and shall be fully qualified medical practitioners.

(3) In the exercise of their functions under this Act immigration officers shall act in accordance with such instructions (not inconsistent with the immigration rules) as may be given them by the Secretary of State, and medical inspectors shall act in accordance with such instructions as may be given them by the Secretary of State or, in Northern Ireland, as may be given in pursuance of the arrangements mentioned in sub-paragraph (2) above by the Minister making appointments of medical inspectors in Northern Ireland.

(4) An immigration officer or medical inspector may board any ship [F102 , aircraft or, where it has arrived in, or is seeking to leave, the United Kingdom through the tunnel system, vehicle] for the purpose of exercising his functions under this Act.

(5) An immigration officer, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 below, may search any ship [F102 , aircraft or, where it has arrived in, or is seeking to leave, the United Kingdom through the tunnel system, vehicle] and anything on board it, or any vehicle taken off a ship or aircraft on which it has been brought to the United Kingdom.

Textual Amendments

F102 Words substituted by S.I. 1990/2227, art. 3, Sch. 1 para. 6

Modifications etc. (not altering text)

C89 Reference to Minister of Health and Social Services in para. 1(2) to be construed as reference to head of Department of Health and Social Services and reference to other appropriate Minister of the Government of Northern Ireland to be construed as reference to the head of a Northern Ireland Department: Northern Ireland Constitution Act 1973 (c. 36), s. 7

Examination by immigration officers, and medical examination U.K.

2 (1) An immigration officer may examine any persons who have arrived in the United Kingdom by ship [F103 , aircraft or through the tunnel system] (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) for the purpose of determining—

(a) whether any of them is or is not [F104 a British citizen]; and

(b) whether, if he is not, he may or may not enter the United Kingdom without leave; and

(c) whether, if he may not, he should be given leave and for what period and on what conditions (if any), or should be refused leave.

(2) Any such person, if he is seeking to enter the United Kingdom, may be examined also by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.

(3) A person, on being examined under this paragraph by an immigration officer or medical inspector, may be required in writing by him to submit to further examination; but a requirement under this sub-paragraph shall not prevent a person who arrives as a transit passenger, or as a member of the crew of a ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.

Textual Amendments

F103 Words substituted by S.I. 1990/2227, art. 3, Sch. 1 para. 7

F104 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

Modifications etc. (not altering text)

C90 Sch. 2 para. 2 excluded by Immigration Act 1988 (c. 14, SIF 62), s. 8(4)

[F105 Examination of persons who arrive with continuing leave] U.K.

Textual Amendments

F105 Heading inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 57; S.I. 2000/168, art. 2, Sch

Yn ddilys o 14/02/2000

[F106 2A (1) This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.

(2) He may be examined by an immigration officer for the purpose of establishing—

(a) whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;

(b) whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or

(c) whether there are medical grounds on which that leave should be cancelled.

(3) He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.

(4) He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.

(5) A person examined under this paragraph may be required by the officer or inspector to submit to further examination.

(6) A requirement under sub-paragraph (5) does not prevent a person who arrives—

(a) as a transit passenger,

(b) as a member of the crew of a ship or aircraft, or

(c) for the purpose of joining a ship or aircraft as a member of the crew,

from leaving by his intended ship or aircraft.

(7) An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.

(8) An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.

(9) Cancellation of a person’s leave under sub-paragraph (8) is to be treated for the purposes of this Act and Part IV of the Immigration and Asylum Act 1999 as if he had been refused leave to enter at a time when he had a current entry clearance.

(10) A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.]

Textual Amendments

F106 Sch. 2 para. 2A inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 58; S.I. 2000/168, art. 2, Sch

Modifications etc. (not altering text)

C91 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 2A extended (14.12.2001) by 2001 c. 24, ss. 22(2)(g)(3), 127(2)

3 (1) An immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom [F107 or leaving or seeking to leave the United Kingdom through the tunnel system.] for the purpose of determining whether he is [F108 a British citizen] and, if he is not, for the purpose of establishing his identity.

(2) So long as any Order in Council is in force under section 3(7) of this Act, an immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom [F107 or leaving or seeking to leave the United Kingdom through the tunnel system.] for the purpose of determining—

(a) whether any of the provisions of the Order apply to him; and

(b) whether, if so, any power conferred by the Order should be exercised in relation to him and in what way.

Textual Amendments

F107 Words inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 8

F108 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

Information and documents U.K.

4 (1) It shall be the duty of any person examined under paragraph 2 or 3 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of his functions under that paragraph.

(2) A person on his examination under paragraph 2 or 3 above by an immigration officer shall, if so required by the immigration officer—

(a) produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and

(b) declare whether or not he is carrying or conveying documents of any relevant description specified by the immigration officer, and produce any documents of that description which he is carrying or conveying.

In paragraph (b), “relevant description” means any description appearing to the immigration officer to be relevant for the purposes of the examination.

[F109 (2A) An immigration officer may detain any passport or other document produced pursuant to subparagraph (2)(a) above until the person concerned is given leave to enter the United Kingdom or is about to depart or be removed following refusal of leave.]

(3) Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying documents of any description, he and any baggage belonging to him or under his control may be searched with a view to ascertaining whether he is doing so by the immigration officer or a person acting under the directions of the officer:

Provided that no woman or girl shall be searched except by a woman.

(4) An immigration officer may examine any documents produced pursuant to sub-paragraph (2)(b) above or found on a search under sub-paragraph (3), and may for that purpose detain them for any period not exceeding seven days; and if on examination of any document so produced or found the immigration officer is of the opinion that it may be needed in connection with proceedings on an appeal under this Act or for an offence, he may detain it until he is satisfied that it will not be so needed.

Textual Amendments

F109 Sch. 2 para. 4(2A) inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 6

5 U.K. The Secretary of State may by order made by statutory instrument make provision for requiring passengers disembarking or embarking in the United Kingdom, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards in such form as the Secretary of State may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers.

Modifications etc. (not altering text)

C92 Sch. 2 para. 5 modified (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4, Sch. 2 para. 4(6)

Notice of leave to enter or of refusal of leave U.K.

6 (1) Subject to sub-paragraph (3) below, where a person examined by an immigration officer under paragraph 2 above is to be given a limited leave to enter the United Kingdom or is to be refused leave, the notice giving or refusing leave shall be given not later than [F110 twenty-four hours] after the conclusion of his examination (including any further examination) in pursuance of that paragraph; and if notice giving or refusing leave is not given him before the end of those [F110 twenty-four hours], he shall (if not [F111 a British citizen]) be deemed to have been given [F110 leave to enter the United Kingdom for a period of six months subject to a condition prohibiting his taking employment] and the immigration officer shall as soon as may be give him written notice of that leave.

(2) Where on a person’s examination under paragraph 2 above he is given notice of leave to enter the United Kingdom, then at any time before the end of [F112 twenty-four hours] from the conclusion of the examination he may be given a further notice in writing by an immigration officer cancelling the earlier notice and refusing him leave to enter.

(3) Where in accordance with this paragraph a person is given notice refusing him leave to enter the United Kingdom, that notice may at any time be cancelled by notice in writing given him by an immigration officer; and where a person is given a notice of cancellation under this sub-paragraph, [F113 and the immigration officer does not at the same time give him indefinite or limited leave to enter, he shall be deemed to have been given leave to enter for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.]

(4) Where an entrant is a member of a party in charge of a person appearing to the immigration officer to be a responsible person, any notice to be given in relation to that entrant in accordance with this paragraph shall be duly given if delivered to the person in charge of the party.

Textual Amendments

F110 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. paras. 7, 8(1)(3) respectively

F111 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

F112 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 7

F113 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 8(2)(3)

Modifications etc. (not altering text)

C93 Sch. 2 para. 6(3)(4) modified by Immigration Act 1988 (c. 14, SIF 62), s. 8(6)

Power to require medical examination after entry U.K.

7 If, on a person’s examination by an immigration officer under paragraph 2 above, the immigration officer—

(a) determines that he may be given leave to enter the United Kingdom; but

(b) is of opinion, on the advice of a medical inspector or, where no medical inspector is available, on that of any other fully qualified medical practitioner, that a further medical test or examination may be required in the interests of public health;

then the immigration officer, on giving that person leave to enter the United Kingdom, may by notice in writing require him to report his arrival to [F114 such medical officer of health][F114 the chief administrative medical officer of such Health Board][F115 or the chief administrative medical officer of such Health and Social Services Board established under the M29 Health and Personal Social Services (Northern Ireland) Order 1972] as may be specified in the notice and thereafter to attend at such place and time, and submit to such test or examination (if any), as that medical officer [F116 of health] may require.

Textual Amendments

F114 Words “the chief” to “Health Board” substituted for words “such medical officer of health” (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 156; continued by National Health Service (Scotland) Act 1978 (c. 29), Sch. 15 para. 10

F115 Words inserted (N.I.) by S.R. & O. (N.I.) 1973/256, Sch. 2

F116 Words repealed (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 156, Sch. 7 Pt. II and N.I. by S.R. & O. (N.I.) 1973/256

Marginal Citations

M29 S.I. 1972/1265 (N.I. 14)

Removal of persons refused leave to enter and illegal entrants U.K.

8 (1) Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below—

(a) give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or

(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

(c) give those owners or agents [F117 , or where the person has arrived through the tunnel system, the Concessionaires,] directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—

(i) a country of which he is a national or citizen; or

(ii) a country or territory in which he has obtained a passport or other document of identity; or

(iii) a country or territory in which he embarked for the United Kingdom; or

(iv) a country or territory to which there is reason to believe that he will be admitted.

(2) No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter the United Kingdom [F118 except that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person].

Textual Amendments

F117 Words inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 9

F118 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 9(1)(4)

9 Where an illegal entrant is not given leave to enter or remain in the United Kingdom, an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1).

10 (1) Where it appears to the Secretary of State either— U.K.

(a) that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or

(b) that directions might have been given in respect of a person under paragraph 8 above [F119 but that the requirements of paragraph 8(2) have not been complied with];

then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(c).

(2) Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).

(3) The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.

Textual Amendments

F119 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 9(2)(4)

Modifications etc. (not altering text)

C94 Sch. 2 para. 10 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 10 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)

Sch. 2 para. 10 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

Yn ddilys o 10/02/2003

[F120 10A U.K. Where directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.]

Textual Amendments

F120 Sch. 2 para. 10A inserted (10.2.2003) by 2002 c. 41, s. 73(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

11 U.K. A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.

Modifications etc. (not altering text)

C95 Sch. 2 para. 11 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), ss. 9(4), 10(9)(a) (as substituted (20.10.2014) by 2014 c. 22, ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision was extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 11 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)

Sch. 2 para. 11 applied (with modifications) (12.7.2002) by S.I. 2002/1832, art. 2(2), Sch.

Seamen and aircrews U.K.

12 (1) If, on a person’s examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he has come to the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew, then the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom by requiring him to leave the United Kingdom in a ship or aircraft specified or indicated by the notice giving leave. U.K.

(2) Where a person (not being [F121 a British citizen]) arrives in the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew and, having been given leave to enter as mentioned in sub-paragraph (1) above, remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so, an immigration officer may—

(a) give the captain of that ship or aircraft directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or

(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

(c) give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—

(i) a country of which he is a national or citizen; or

(ii) a country or territory in which he has obtained a passport or other document of identity; or

(iii) a country or territory in which he embarked for the United Kingdom; or

(iv) a country or territory where he was engaged as a member of the crew of the ship or aircraft which he arrived in the United Kingdom to join; or

(v) a country or territory to which there is reason to believe that he will be admitted.

Textual Amendments

F121 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

Modifications etc. (not altering text)

C96 Sch. 2 para. 12 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

13 (1) Where a person being a member of the crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom— U.K.

(a) in the manner authorised by paragraph 12(1) above; or

(b) if that person is to be allowed to enter the United Kingdom in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave the United Kingdom in accordance with arrangements to be made for his repatriation; or

(c) by requiring him to leave the United Kingdom within a specified period in accordance with arrangements to be made for his repatriation.

(2) Where a person (not being [F122 a British citizen]) arrives in the United Kingdom as a member of the crew of a ship or aircraft, and either—

(A) having lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an immigration officer of intending to do so; or

(B) having been given leave limited as mentioned in subparagraph (1) above, he remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so;

an immigration officer may—

(a) give the captain of the ship or aircraft in which he arrived directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or

(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

(c) give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—

(i) a country of which he is a national or citizen; or

(ii) a country or territory in which he has obtained a passport or other document of identity; or

(iii) a country in which he embarked for the United Kingdom; or

(iv) a country or territory in which he was engaged as a member of the crew of the ship or aircraft in which he arrived in the United Kingdom; or

(v) a country or territory to which there is reason to believe that he will be admitted.

Textual Amendments

F122 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

Modifications etc. (not altering text)

C97 Sch. 2 para. 13 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

14 (1) Where it appears to the Secretary of State that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not practicable for them to be given or that, if given, they would be ineffective, then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c). U.K.

(2) Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).

(3) The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.

Modifications etc. (not altering text)

C98 Sch. 2 para. 14 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

15 U.K. A person in respect of whom directions are given under any of paragraphs 12 to 14 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.

Detention of persons liable to examination or removal U.K.

16 (1) A person who may be required to submit to examination under paragraph 2 above may be detained under the authority of an immigration officer pending his examination and pending a decision to give or refuse him leave to enter.

(2) A person in respect of whom directions may be given under any of paragraphs 8 to 14 above may be detained under the authority of an immigration officer pending the giving of directions and pending his removal in pursuance of any directions given.

(3) A person on board a ship or aircraft may, under the authority of an immigration officer, be removed from the ship or aircraft for detention under this paragraph; but if an immigration officer so requires the captain of a ship or aircraft shall prevent from disembarking in the United Kingdom any person who has arrived in the United Kingdom in the ship or aircraft and been refused leave to enter, and the captain may for that purpose detain him in custody on board the ship or aircraft.

(4) The captain of a ship or aircraft, if so required by an immigration officer, shall prevent from disembarking in the United Kingdom or before the directions for his removal have been fulfilled any person placed on board the ship or aircraft under paragraph 11 or 15 above, and the captain may for that purpose detain him in custody on board the ship or aircraft.

[F123 (4A) A person in a vehicle may, where he has arrived in the United Kingdom through the tunnel system in that vehicle, under the authority of an immigration officer, be removed from the vehicle for detention under this paragraph.]

Textual Amendments

F123 Sch. 2 para. 16(4A) inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 10

17 (1) A person liable to be detained under paragraph 16 above may be arrested without warrant by a constable or by an immigration officer.

(2) If—

(a) a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person liable to be arrested under this paragraph is to be found on any premises; or

(b) in Scotland, a sheriff, or a magistrate or justice of the peace, having jurisdiction in the place where the premises are situated is by evidence on oath so satisfied;

he may grant a warrant authorising any constable [F124 [F125 acting for the police area in which the premises are situated,]] or in Northern Ireland any constable, [F125 at any time or times within one month from the date of the warrant] to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting that person.

Textual Amendments

F124 Words repealed by S.I. 1989/1341 (N.I. 12), art. 90(2)(3), Sch. 7 Pt. I

F125 Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I

Modifications etc. (not altering text)

C99 Sch. 2 para. 17(1) amended (2.8.1993) by S.I. 1993/1813, arts. 6, 1, Sch. 3 Pt. 1 para. 2(2)(a); Sch. 2 para. 17(1) amended by the said S.I. 1993/1813, arts. 6, 7, Sch. 3 para. 2, Sch. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, arts. 6, 8, Sch. 3 para. 3, Sch. 4 para. 11 Table

18 (1) Persons may be detained under paragraph 16 above in such places as the Secretary of State may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft).

(2) Where a person is detained under paragraph 16, any immigration officer, constable or prison officer, or any other person authorised by the Secretary of State, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him.

(3) Any person detained under paragraph 16 may be taken in the custody of a constable, or of any person acting under the authority of an immigration officer, to and from any place where his attendance is required for the purpose of ascertaining his citizenship or nationality or of making arrangements for his admission to a country or territory other than the United Kingdom, or where he is required to be for any other purpose connected with the operation of this Act.

(4) A person shall be deemed to be in legal custody at any time when he is detained under paragraph 16 or is being removed in pursuance of sub-paragraph (3) above.

Modifications etc. (not altering text)

C100 Sch. 2 para. 18 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

C101 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 18 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

19 (1) Where a person is refused leave to enter the United Kingdom and directions are given in respect of him under paragraph 8 or 10 above, then subject to the provisions of this paragraph the owners or agents of the ship or aircraft in which he arrived [F126 , or, where the person has arrived through the tunnel system, the Concessionaires,] shall be liable to pay the Secretary of State on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person at any time after his arrival while he was detained or liable to be detained under paragraph 16 above.

(2) Sub-paragraph (1) above shall not apply to expenses in respect of a person who, when he arrived in the United Kingdom, held a [F127 certificate of entitlement] or a current entry clearance or was the person named in a current work permit; and for this purpose a document purporting to be a [F127 certificate of entitlement], entry clearance or work permit is to be regarded as being one unless its falsity is reasonably apparent.

(3) If, before the directions for a person’s removal under paragraph 8 or 10 above have been carried out, he is given leave to enter the United Kingdom, or if he is afterwards given that leave in consequence of the determination in his favour of an appeal under this Act (being an appeal against a refusal of leave to enter by virtue of which the directions were given), or it is determined on an appeal under this Act that he does not require leave to enter (being an appeal occasioned by such a refusal), no sum shall be demanded under subparagraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded.

(4) Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of an appeal under this Act, have ceased to have effect or are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending an appeal by him under this Act.

Textual Amendments

F126 Words inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 11

F127 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1)

20 (1) Subject to the provisions of this paragraph, in either of the following cases, that is to say,—

(a) where directions are given in respect of an illegal entrant under paragraph 9 or 10 above; and

(b) where a person has lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under paragraph 14;

the owners or agents of the ship or aircraft in which he arrived in the United Kingdom [F128 , or, where the person has arrived through the tunnel system, the Concessionaires,] shall be liable to pay the Secretary of State on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person at any time after his arrival while he was detained or liable to be detained under paragraph 16 above.

(2) If, before the directions for a person’s removal from the United Kingdom have been carried out, he is given leave to remain in the United Kingdom, no sum shall be demanded under sub-paragraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded.

(3) Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of an appeal under this Act, are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending an appeal by him under this Act.

Textual Amendments

F128 Words inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 12

Modifications etc. (not altering text)

C102 Sch. 2 para. 20(1) restricted (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(b); S.I. 1991/1072, art. 2, Sch. Pt.I

Temporary admission or release of persons liable to detention U.K.

21 (1) A person liable to detention or detained under paragraph 16 above may, under the written authority of an immigration officer, be temporarily admitted to the United Kingdom without being detained or be released from detention; but this shall not prejudice a later exercise of the power to detain him.

(2) So long as a person is at large in the United Kingdom by virtue of this paragraph, he shall be subject to such restrictions as to residence [F129 , as to his employment or occupation] and as to reporting to the police or an immigration officer as may from time to time be notified to him in writing by an immigration officer.

Textual Amendments

F129 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 10(1)(4)

22 (1) A person detained under paragraph 16(1) above pending examination may, if seven days have elapsed since the date of his arrival in the United Kingdom, be released on bail by an adjudicator on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer at a time and place named in the recognizance or bail bond or at such other time or place as may in the meantime be notified to him in writing by an immigration officer.

(2) The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the adjudicator to be likely to result in the appearance of the person bailed at the required time and place; and any recognizance shall be with or without sureties as the adjudicator may determine.

(3) In any case in which an adjudicator has power under this paragraph to release a person on bail, the adjudicator may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the adjudicator; and on the recognizance or bail bond being so taken the person to be bailed shall be released.

Modifications etc. (not altering text)

C103 Sch. 2 para. 22 modified (retrospectively and temp.) by Immigration Act 2016 (c. 19), ss. 61(3)-(5), 94(3) (with s. 61(6))

23 (1) Where a recognizance entered into under paragraph 22 above appears to an adjudicator to be forfeited, the adjudicator may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as the adjudicator thinks fit; and an order under this sub-paragraph shall specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction, and—

(a) the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified; and

(b) the adjudicator shall, as soon as practicable, give particulars of the recognizance to the clerk of that court.

(2) Where a person released on bail under paragraph 22 above as it applies in Scotland fails to comply with the terms of his bail bond, an adjudicator may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by the adjudicator to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.

(3) Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the purposes of the [F130 Justices of the M30 Peace Act 1979 and, in particular, section 61 thereof] as being due under a recognizance forfeited by such a court . . . F131

(4) Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M31 Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.

Textual Amendments

F130 Words substituted by Justices of the Peace Act 1979 (c. 55), s. 71, Sch. 2 para. 17

F131 Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Marginal Citations

M30 1979 c. 55.

M31 1954 c. 9 (N.I.)

24 (1) An immigration officer or constable may arrest without warrant a person who has been released by virtue of paragraph 22 above—

(a) if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or

(b) if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;

and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.

(2) A person arrested under this paragraph—

(a) if not required by a condition on which he was released to appear before an immigration officer within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before an adjudicator or, if that is not practicable within those twenty-four hours, before a justice of the peace acting for the petty sessions area in which he is arrested or, in Scotland, the sheriff; and

(b) if required by such a condition to appear within those twenty-four hours before an immigration officer, shall be brought before that officer.

(3) An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above—

(a) if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—

(i) direct that he be detained under the authority of the person by whom he was arrested; or

(ii) release him, on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and

(b) if not of that opinion, shall release him on his original recognizance or bail.

Modifications etc. (not altering text)

C104 Sch. 2 para. 24 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.3; S.I. 1998/1892, art.2

Sch. 2 para. 24 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 para. 24 applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(c), 127(2)

C105 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 24 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

25 The power to make rules of procedure conferred by section 22 of this Act shall include power to make rules with respect to applications to an adjudicator under paragraphs 22 to 24 above and matters arising out of such applications.

Yn ddilys o 14/02/2000

[F132 Entry and search of premises] U.K.

Textual Amendments

F132 Heading inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch

[F133 25A (1) This paragraph applies if— U.K.

(a) a person is arrested under this Schedule; or

(b) a person who was arrested by a constable (other than under this Schedule) is detained by an immigration officer under this Schedule.

(2) An immigration officer may enter and search any premises—

(a) occupied or controlled by the arrested person, or

(b) in which that person was when he was arrested, or immediately before he was arrested,

for relevant documents.

(3) The power may be exercised—

(a) only if the officer has reasonable grounds for believing that there are relevant documents on the premises;

(b) only to the extent that it is reasonably required for the purpose of discovering relevant documents; and

(c) subject to sub-paragraph (4), only if a senior officer has authorised its exercise in writing.

(4) An immigration officer may conduct a search under sub-paragraph (2)—

(a) before taking the arrested person to a place where he is to be detained; and

(b) without obtaining an authorisation under sub-paragraph (3)(c),

if the presence of that person at a place other than one where he is to be detained is necessary to make an effective search for any relevant documents.

(5) An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable.

(6) The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of—

(a) the grounds for the search; and

(b) the nature of the documents that were sought.

(7) An officer searching premises under sub-paragraph (2)—

(a) may seize and retain any documents he finds which he has reasonable grounds for believing are relevant documents; but

(b) may not retain any such document for longer than is necessary in view of the purpose for which the person was arrested.

(8) But sub-paragraph (7)(a) does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.

(9) “Relevant documents” means any documents which might—

(a) establish the arrested person’s identity, nationality or citizenship; or

(b) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

(10) “Senior officer” means an immigration officer not below the rank of chief immigration officer.]

Textual Amendments

F133 Sch. 2 para. 25A inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Yn ddilys o 14/02/2000

[F134 Searching persons arrested by immigration officers] U.K.

Textual Amendments

F134 Heading inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch

[F135 25B (1) This paragraph applies if a person is arrested under this Schedule. U.K.

(2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(3) The officer may search the arrested person for—

(a) anything which he might use to assist his escape from lawful custody; or

(b) any document which might—

(i) establish his identity, nationality or citizenship; or

(ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

(4) The power conferred by sub-paragraph (3) may be exercised—

(a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and

(b) only to the extent that it is reasonably required for the purpose of discovering any such thing.

(5) A power conferred by this paragraph to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.

(6) An officer searching a person under sub-paragraph (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to another person.

(7) An officer searching a person under sub-paragraph (3)(a) may seize and retain anything he finds, if he has reasonable grounds for believing that he might use it to assist his escape from lawful custody.

(8) An officer searching a person under sub-paragraph (3)(b) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it might be a document falling within that sub-paragraph.

(9) Nothing seized under sub-paragraph (6) or (7) may be retained when the person from whom it was seized—

(a) is no longer in custody, or

(b) is in the custody of a court but has been released on bail.]

Textual Amendments

F135 Sch. 2 para. 25B inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Yn ddilys o 14/02/2000

[F136 Searching persons in police custody] U.K.

Textual Amendments

F136 Heading inserted (14.2.2000) by 1999 c. 33, s. 135(2); S.I. 2000/168, art. 2, Sch

[F137 25C (1) This paragraph applies if a person— U.K.

(a) has been arrested under this Schedule; and

(b) is in custody at a police station.

(2) An immigration officer may, at any time, search the arrested person in order to ascertain whether he has with him—

(a) anything which he might use to—

(i) cause physical injury to himself or others;

(ii) damage property;

(iii) interfere with evidence; or

(iv) assist his escape; or

(b) any document which might—

(i) establish his identity, nationality or citizenship; or

(ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

(3) The power may be exercised only to the extent that the officer considers it to be necessary for the purpose of discovering anything of a kind mentioned in sub-paragraph (2).

(4) An officer searching a person under this paragraph may seize and retain anything he finds, if he has reasonable grounds for believing that—

(a) that person might use it for one or more of the purposes mentioned in sub-paragraph (2)(a); or

(b) it might be a document falling within sub-paragraph (2)(b).

(5) But the officer may not retain anything seized under sub-paragraph (2)(a)—

(a) for longer than is necessary in view of the purpose for which the search was carried out; or

(b) when the person from whom it was seized is no longer in custody or is in the custody of a court but has been released on bail.

(6) The person from whom something is seized must be told the reason for the seizure unless he is—

(a) violent or appears likely to become violent; or

(b) incapable of understanding what is said to him.

(7) An intimate search may not be conducted under this paragraph.

(8) The person carrying out a search under this paragraph must be of the same sex as the person searched.

(9) “Intimate search” has the same meaning as in section 28H(11).]

Textual Amendments

F137 Sch. 2 para. 25C inserted (14.2.2000) by 1999 c. 33, s. 135(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Yn ddilys o 14/02/2000

[F138 Access and copying] U.K.

Textual Amendments

F138 Heading inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch

[F139 25D (1) If a person showing himself— U.K.

(a) to be the occupier of the premises on which seized material was seized, or

(b) to have had custody or control of the material immediately before it was seized,

asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.

(2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for that person to have access to the material under the supervision of an immigration officer.

(3) An immigration officer may photograph or copy, or have photographed or copied, seized material.

(4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—

(a) that person to have access to the material under the supervision of an immigration officer for the purpose of photographing or copying it; or

(b) the material to be photographed or copied.

(5) A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time.

(6) There is no duty under this paragraph to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—

(a) the exercise of any functions in connection with which the material was seized; or

(b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.

(7) “Relevant person” means—

(a) a person who had custody or control of seized material immediately before it was seized, or

(b) someone acting on behalf of such a person.

(8) “Seized material” means anything which has been seized and retained under this Schedule.]

Textual Amendments

F139 Sch. 2 para. 25D inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

[F140 25E U.K. Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.]

Textual Amendments

F140 Sch. 2 para. 25E inserted (14.2.2000) by 1999 c. 33, s. 139; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Supplementary duties of those connected with ships or aircraft or with ports U.K.

26 (1) The owners or agents of a ship or aircraft employed to carry passengers for reward shall not, without the approval of the Secretary of State, arrange for the ship or aircraft to call at a port in the United Kingdom other than a port of entry for the purpose of disembarking passengers, if any of the passengers on board may not enter the United Kingdom without leave and have not been given leave, or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be [F141 British citizens].

(2) The Secretary of State may from time to time give written notice to the owners or agents of any ships or aircraft designating control areas for the embarkation or disembarkation of passengers in any port in the United Kingdom, and specifying the conditions and restrictions (if any) to be observed in any control area; and where by notice given to any owners or agents a control area is for the time being designated for the embarkation or disembarkation of passengers at any port, the owners or agents shall take all reasonable steps to secure that, in the case of their ships or aircraft, passengers do not embark or disembark, as the case may be, at the port outside the control area and that any conditions or restrictions notified to them are observed.

(3) The Secretary of State may also from time to time give to any persons concerned with the management of a port in the United Kingdom written notice designating control areas in the port and specifying conditions or restrictions to be observed in any control area; and any such person shall take all reasonable steps to secure that any conditions or restrictions as notified to him are observed.

Textual Amendments

F141 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

27 (1) The captain of a ship or aircraft arriving in the United Kingdom—

(a) shall take such steps as may be necessary to secure that persons on board do not disembark there unless either they have been examined by an immigration officer, or they disembark in accordance with arrangements approved by an immigration officer, or they are members of the crew who may lawfully enter the United Kingdom without leave by virtue of section 8(1) of this Act; and

(b) where the examination of persons on board is to be carried out on the ship or aircraft, shall take such steps as may be necessary to secure that those to be examined are presented for the purpose in an orderly manner.

(2) The Secretary of State may by order made by statutory instrument make provision for requiring captains of ships or aircraft arriving in the United Kingdom, or of such of them as arrive from or by way of countries or places specified in the order, to furnish to immigration officers—

(a) a passenger list showing the names and nationality or citizenship of passengers arriving on board the ship or aircraft;

(b) particulars of members of the crew of the ship or aircraft;

and for enabling an immigration officer to dispense with the furnishing of any such list or particulars.

[F142 Supplementary duties of the Concessionaires] U.K.

Textual Amendments

F142 Sch. 2 para. 27A inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 13

27A [The Secretary of State may from time to time give written notice to the Concessionaires designating control areas for entry into or departure from the United Kingdom through the tunnel system and specifying the conditions and restrictions (if any) to be observed in any control area; and where by notice given to the Concessionaires a control area is for the time being designated for entry into or departure from the United Kingdom, the Concessionaires shall take all reasonable steps to secure that any conditions or restrictions notified to them are observed.]

Yn ddilys o 03/04/2000

[F143 Passenger information] U.K.

Textual Amendments

F143 Heading inserted (3.4.2000) by 1999 c. 33, s. 18; S.I. 2000/464, art. 2, Sch.

[F144 27B (1) This paragraph applies to ships or aircraft—

(a) which have arrived, or are expected to arrive, in the United Kingdom; or

(b) which have left, or are expected to leave, the United Kingdom.

(2) If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information, the carrier must provide that information to the officer.

(3) The officer may ask for passenger information relating to—

(a) a particular ship or particular aircraft of the carrier;

(b) particular ships or aircraft (however described) of the carrier; or

(c) all of the carrier’s ships or aircraft.

(4) The officer may ask for—

(a) all passenger information in relation to the ship or aircraft concerned; or

(b) particular passenger information in relation to that ship or aircraft.

(5) A request under sub-paragraph (2)—

(a) must be in writing;

(b) must state the date on which it ceases to have effect; and

(c) continues in force until that date, unless withdrawn earlier by written notice by an immigration officer.

(6) The date may not be later than six months after the request is made.

(7) The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed.

(8) The information must be provided—

(a) in such form and manner as the Secretary of State may direct; and

(b) at such time as may be stated in the request.

(9) “Passenger information” means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified.

(10) “Specified” means specified in an order made by statutory instrument by the Secretary of State.

(11) Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F144 Sch. 2 para. 27B inserted (3.4.2000) by 1999 c. 33, s. 18; S.I. 2000/464, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Yn ddilys o 03/04/2000

[F145 Notification of non-EEA arrivals] U.K.

Textual Amendments

F145 Heading inserted (3.4.2000) by 1999 c. 33, s. 19; S.I. 2000/464, art. 2, Sch.

[F146 27C (1) If a senior officer, or an immigration officer authorised by a senior officer, gives written notice to the owner or agent (“the carrier”) of a ship or aircraft, the carrier must inform a relevant officer of the expected arrival in the United Kingdom of any ship or aircraft— U.K.

(a) of which he is the owner or agent; and

(b) which he expects to carry a person who is not an EEA national.

(2) The notice may relate to—

(a) a particular ship or particular aircraft of the carrier;

(b) particular ships or aircraft (however described) of the carrier; or

(c) all of the carrier’s ships or aircraft.

(3) The notice—

(a) must state the date on which it ceases to have effect; and

(b) continues in force until that date, unless withdrawn earlier by written notice given by a senior officer.

(4) The date may not be later than six months after the notice is given.

(5) The fact that a notice under sub-paragraph (1) has ceased to have effect as a result of sub-paragraph (3) does not prevent the notice from being renewed.

(6) The information must be provided—

(a) in such form and manner as the notice may require; and

(b) before the ship or aircraft concerned departs for the United Kingdom.

(7) If a ship or aircraft travelling to the United Kingdom stops at one or more places before arriving in the United Kingdom, it is to be treated as departing for the United Kingdom when it leaves the last of those places.

(8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.

(9) “Relevant officer” means—

(a) the officer who gave the notice under sub-paragraph (1); or

(b) any immigration officer at the port at which the ship or aircraft concerned is expected to arrive.

(10) “EEA national” means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being.]

Textual Amendments

F146 Sch. 2 para. 27C inserted (3.4.2000) by 1999 c. 33, s. 19; S.I. 2000/464, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Part II U.K. Effect of Appeals

Modifications etc. (not altering text)

C106 Sch. 2 Pt. II amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.9: S.I. 1993/1655, art.2

Sch. 2 Pt. II extended (with modifications)(Isle of Man)(1.4.1997) by S.I. 1997/275, art. 2(1),Sch.

Sch. 2 Pt. II: Power to modify conferred (11.6.1998) by 1997 c. 68, s. 5(4)(a); S.I. 1998/1336, art.2

Sch. 2 Pt. II extended (3.8.1998) by 1997 c. 68, s. 2, Sch. 2 paras.3(1), 4; S.I. 1998/1892, art.2

Stay on directions for removal U.K.

28 (1) Where a person in the United Kingdom appeals under section 13(1) of this Act on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom shall cease to have effect, except in so far as they have already been carried out, and no directions shall be so given so long as the appeal is pending.

(2) Where a person in the United Kingdom appeals under section 16 or 17 of this Act against any directions given under Part I of this Schedule for his removal from the United Kingdom, those directions, except in so far as they have already been carried out, shall be of no effect so long as the appeal is pending.

(3) Notwithstanding sub-paragraph (1) or (2) above, the provisions of Part I of this Schedule with respect to detention and persons liable to detention shall apply to a person appealing under section 13(1), 16 or 17 of this Act as if there were in force directions for his removal from the United Kingdom, except that he shall not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.

(4) In calculating the period of two months limited by paragraph 8(2) above for the giving of directions under that paragraph for the removal of a person from the United Kingdom [F147 and for the giving of a notice of intention to give such directions], there shall be disregarded any period during which there is pending an appeal by him under section 13(1) or 17 of this Act.

(5) For purposes of sub-paragraphs (1) to (3) above (but not for purposes of sub-paragraph (4)), where an appeal to an adjudicator is dismissed, an appeal shall not be regarded as pending unless forthwith after the dismissal—

(a) the appellant duly gives notice of appeal against the determination of the adjudicator; or

(b) in a case in which leave to appeal against that determination is required and the adjudicator has power to grant leave, the appellant duly applies for and obtains the leave of the adjudicator.

(6) Where directions are given under Part I of this Schedule for anyone’s removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under section 13(1), 16 or 17 of this Act, the appeal shall have the like effect under this paragraph in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant.

Textual Amendments

F147 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 9(3)(4)

Grant of bail pending appeal U.K.

29 (1) Where a person (in the following provisions of this Schedule referred to as “an appellant”) has an appeal pending under section 13(1), 16 or 17 of this Act and is for the time being detained under Part I of this Schedule, he may be released on bail in accordance with this paragraph.

(2) An immigration officer not below the rank of chief immigration officer or a police officer not below the rank of inspector may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an adjudicator or the Appeal Tribunal at a time and place named in the recognizance or bail bond.

(3) An adjudicator may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before that or any other adjudicator or the Appeal Tribunal at a time and place named in the recognizance or bail bond; and where an adjudicator dismisses an appeal but grants leave to the appellant to appeal to the Tribunal, or, in a case in which leave to appeal is not required, the appellant has duly given notice of appeal to the Tribunal, the adjudicator shall, if the appellant so requests, exercise his powers under this sub-paragraph.

(4) Where an appellant has duly applied for leave to appeal to the Appeal Tribunal, the Tribunal may release him on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the Tribunal at a time and place named in the recognizance or bail bond; and where—

(a) the Tribunal grants leave to an appellant to appeal to the Tribunal; or

(b) in a case in which leave to appeal is not required, the appellant has duly given notice of appeal to the Tribunal;

the Tribunal shall, if the appellant so requests, release him as aforesaid.

(5) The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the person fixing the bail to be likely to result in the appearance of the appellant at the time and place named; and any recognizance shall be with or without sureties as that person may determine.

(6) In any case in which an adjudicator or the Tribunal has power or is required by this paragraph to release an appellant on bail, the adjudicator or Tribunal may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the adjudicator or the Tribunal; and on the recognizance or bail bond being so taken the appellant shall be released.

Modifications etc. (not altering text)

C107 Sch. 2 para. 29 modified (retrospectively and temp.) by Immigration Act 2016 (c. 19), ss. 61(3)-(5), 94(3) (with s. 61(6))

C108 Sch. 2 para. 29 amended (1.9.1996) by 1996 c. 49, s. 3(6); S.I. 1996/2053, art. 2, Sch. Pt.II

Sch. 2 para. 29 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.4; S.I. 1998/1892, art.2

C109 Sch. 2 para. 29(5)(6) applied (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Restrictions on grant of bail U.K.

30 (1) An appellant shall not be released under paragraph 29 above without the consent of the Secretary of State if directions for the removal of the appellant from the United Kingdom are for the time being in force, or the power to give such directions is for the time being exercisable.

(2) Notwithstanding paragraph 29(3) or (4) above, an adjudicator and the Tribunal shall not be obliged to release an appellant unless the appellant enters into a proper recognizance, with sufficient and satisfactory sureties if required, or in Scotland sufficient and satisfactory bail is found if so required; and an adjudicator and the Tribunal shall not be obliged to release an appellant if it appears to the adjudicator or the Tribunal, as the case may be—

(a) that the appellant, having on any previous occasion been released on bail (whether under paragraph 24 or under any other provision), has failed to comply with the conditions of any recognizance or bail bond entered into by him on that occasion;

(b) that the appellant is likely to commit an offence unless he is retained in detention;

(c) that the release of the appellant is likely to cause danger to public health;

(d) that the appellant is suffering from mental disorder and that his continued detention is necessary in his own interests or for the protection of any other person; or

(e) that the appellant is under the age of seventeen, that arrangements ought to be made for his care in the event of his release and that no satisfactory arrangements for that purpose have been made.

Modifications etc. (not altering text)

C110 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Sch. 2 para. 30 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.5; S.I. 1998/1892, art.2

C111 Sch. 2 para. 30(1) applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(d), 127(2)

Forfeiture of recognizances U.K.

31 (1) Where under paragraph 29 above (as it applies in England and Wales or in Northern Ireland) a recognizance is entered into conditioned for the appearance of an appellant before an adjudicator or the Tribunal, and it appears to the adjudicator or the Tribunal, as the case may be, to be forfeited, the adjudicator or Tribunal may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as the adjudicator or Tribunal thinks fit.

(2) An order under this paragraph shall, for the purposes of this sub-paragraph, specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified.

(3) Where an adjudicator or the Tribunal makes an order under this paragraph the adjudicator or Tribunal shall, as soon as practicable, give particulars of the recognizance to the clerk of the court specified in the order in pursuance of sub-paragraph (2) above.

(4) Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the purposes of the [F148 M32 Justices of the Peace Act 1979 and, in particular, section 61 thereof] as being due under a recognizance forfeited by such a court . . . F149

(5) Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M33 Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.

Textual Amendments

F148 Words substituted by Justices of the Peace Act 1979 (c. 55), s. 71, Sch. 2 para. 17

F149 Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Modifications etc. (not altering text)

C112 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Marginal Citations

M32 1979 c. 55.

M33 1954 c. 9 (N.I.)

32 Where under paragraph 29 above (as it applies in Scotland) a person released on bail fails to comply with the terms of a bail bond conditioned for his appearance before an adjudicator or the Tribunal, the adjudicator or Tribunal may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by the adjudicator or the Tribunal to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.

Modifications etc. (not altering text)

C113 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Sch. 2 para. 32 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.7; S.I. 1998/1892, art.2

Arrest of appellants released on bail U.K.

33 (1) An immigration officer or constable may arrest without warrant a person who has been released by virtue of this Part of this Schedule—

(a) if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or

(b) if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;

and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.

(2) A person arrested under this paragraph—

(a) if not required by a condition on which he was released to appear before an adjudicator or Tribunal within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before an adjudicator or, if that is not practicable within those twenty-four hours, before a justice of the peace acting for the petty sessions area in which he is arrested or, in Scotland, the sheriff; and

(b) if required by such a condition to appear within those twenty-four hours before an adjudicator or before the Tribunal, shall be brought before that adjudicator or before the Tribunal, as the case may be.

(3) An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above—

(a) if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—

(i) direct that he be detained under the authority of the person by whom he was arrested; or

(ii) release him on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and

(b) if not of that opinion, shall release him on his original recognizance or bail.

Modifications etc. (not altering text)

C114 Sch. 2 paras. 30-33 applied (with modifications) (1.9.1996) by 1993 c. 23, s. 9A (as inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para.3; S.I. 1996/2053, art. 2, Sch. Pt.II)

Sch. 2 para. 33 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para.8; S.I. 1998/1892, art.2

Yn ddilys o 01/09/1996

[F150 Grant of bail pending removal] U.K.

Textual Amendments

F150 Sch. 2 para. 34 and cross heading inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.12; S.I. 1996/2053, art. 2, Sch. Pt.II

F151 34 (1) Paragraph 22 above shall apply in relation to a person—

(a) directions for whose removal from the United Kingdom are for the time being in force; and

(b) who is for the time being detained under Part I of this Schedule,

as it applies in relation to a person detained under paragraph 16(1) above pending examination or detained under paragraph 16(2) above pending the giving of directions.

(2) Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.

Textual Amendments

F151 Sch. 2 para. 34 and cross heading inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.12; S.I. 1996/2053, art. 2, Sch. Pt.II

Section 5.

SCHEDULE 3 U.K. Supplementary Provisions as to Deportation

Modifications etc. (not altering text)

C115 Schs. 2-4 extended (with modifications) to Guernsey (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I

Schs. 2-4 extended (with modifications) to Jersey (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

Sch. 3 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(12)

Sch. 3 amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 3 applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 3 applied (2.10.2000 with application as mentioned in reg. 9) by S.I. 2000/2326, reg. 26(3)

Sch. 3 restricted (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(2)(7) (as substituted (1.4.2003) for reg. 34(2)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

Sch. 3 applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

Removal of persons liable to deportation U.K.

1 (1) Where a deportation order is in force against any person, the Secretary of State may give directions for his removal to a country or territory specified in the directions being either— U.K.

(a) a country of which he is a national or citizen; or

(b) a country or territory to which there is reason to believe that he will be admitted.

(2) The directions under sub-paragraph (1) above may be either—

(a) directions given to the captain of a ship or aircraft about to leave the United Kingdom requiring him to remove the person in question in that ship or aircraft; or

(b) directions given to the owners or agents of any ship or aircraft requiring them to make arrangements for his removal in a ship or aircraft specified or indicated in the directions; or

(c) directions for his removal in accordance with arrangements to be made by the Secretary of State.

(3) In relation to directions given under this paragraph, paragraphs 11 and 16(4) of Schedule 2 to this Act shall apply, with the substitution of references to the Secretary of State for references to an immigration officer, as they apply in relation to directions for removal given under paragraph 8 of that Schedule.

(4) The Secretary of State, if he thinks fit, may apply in or towards payment of the expenses of or incidental to the voyage from the United Kingdom of a person against whom a deportation order is in force, or the maintenance until departure of such a person and his dependants, if any, any money belonging to that person; and except so far as they are paid as aforesaid, those expenses shall be defrayed by the Secretary of State.

Detention or control pending deportation U.K.

2 (1) Where a recommendation for deportation made by a court is in force in respect of any person, and that person is neither detained in pursuance of the sentence or order of any court nor for the time being released on bail by any court having power so to release him, he shall, unless the court by which the recommendation is made otherwise directs [F152 or a direction is given under sub-paragraph (1A) below,] be detained pending the making of a deportation order in pursuance of the recommendation, unless the Secretary of State directs him to be released pending further consideration of his case.

[F153 (1A) Where—

(a) a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and

(b) he appeals against his conviction or against that recommendation,

the powers that the court determining the appeal may exercise include power to direct him to be released without setting aside the recommendation.]

(2) Where notice has been given to a person in accordance with regulations under section 18 of this Act of a decision to make a deportation order against him, and he is neither detained in pursuance of the sentence or order of a court nor for the time being released on bail by a court having power so to release him, he may be detained under the authority of the Secretary of State pending the making of the deportation order.

(3) Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained unless the Secretary of State directs otherwise).

(4) In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17 and 18 of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule.

[F154 (5) A person to whom this sub-paragraph applies shall be subject to such restrictions as to residence [F155 , as to his employment or occupation] and as to reporting to the police as may from time to time be notified to him in writing by the Secretary of State.

(6) The persons to whom sub-paragraph (5) above applies are—

(a) a person liable to be detained under sub-paragraph (1) above, while by virtue of a direction of the Secretary of State he is not so detained; and

(b) a person liable to be detained under sub-paragraph (2) or (3) above, while he is not so detained.]

Textual Amendments

F152 Words inserted by Criminal Justice Act 1982 (c. 48), s. 80(2), Sch. 10 para. 1 (a)

F153 Para. 2(1A) inserted by Criminal Justices Act 1982 (c. 48), s. 80(2), Sch. 10 para. 1 (b)

F154 Para. 2(5)(6) substituted for para. 2(5) by Criminal Justice Act 1982 (c. 48), s. 80(2), Sch. 10 para. 1 (c)

F155 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 10(2)(4)

Modifications etc. (not altering text)

C116 Sch. 3 para. 2(3)(4)(6) amended (26.7.1993) by 1993 c. 23, s. 7(4): S.I. 1993/1655, art.2

Effect of appeals U.K.

3 Part II of Schedule 2 to this Act, so far as it relates to appeals under section 16 or 17, shall apply for purposes of this Schedule as if the references in paragraph 28(2), (3) and (6) and in paragraph 29(1) to Part I of that Schedule were references to this Schedule; and paragraphs 29 to 33 shall apply in like manner in relation to appeals under section 15(1)(a).

Modifications etc. (not altering text)

C117 Sch. 3 para. 3 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.9; S.I. 1993/1655, art.2

Sch. 3 para. 3 extended (3.8.1998) by 1997 c. 68, s. 2, Sch. 2 paras. 3(2), 4; S.I. 1998/1892, art.2

Powers of courts pending deportation U.K.

[F156 4 U.K. Where the release of a person recommended for deportation is directed by a court, he shall be subject to such restrictions as to residence [F157 , as to his employment or occupation] and as to reporting to the police as the court may direct.]

Textual Amendments

F156 Paras. 4—10 added (31.1.1983) by Criminal Justice Act 1982 (c. 48), s. 80(2), Sch. 10 para. 2

F157 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 10(2)(4)

5 (1) On an application made— U.K.

(a) by or on behalf of a person recommended for deportation whose release was so directed; or

(b) by a constable; or

(c) by an immigration officer,

the appropriate court shall have the powers specified in sub-paragraph (2) below.

(2) The powers mentioned in sub-paragraph (1) above are—

(a) if the person to whom the application relates is not subject to any such restrictions imposed by a court as are mentioned in paragraph 4 above, to order that he shall be subject to any such restrictions as the court may direct; and

(b) if he is subject to such restrictions imposed by a court by virtue of that paragraph or this paragraph—

(i) to direct that any of them shall be varied or shall cease to have effect; or

(ii) to give further directions as to his residence and reporting.

6 (1) In this Schedule “the appropriate court” means, except in a case to which sub-paragraph (2) below applies, the court which directed release.

(2) This sub-paragraph applies where the court which directed release was—

(a) the Crown Court;

(b) the Court of Appeal;

(c) the High Court of Justiciary;

(d) the Crown Court in Northern Ireland; or

(e) the Court of Appeal in Northern Ireland.

(3) Where the Crown Court or the Crown Court in Northern Ireland directed release, the appropriate court is—

(a) the court that directed release; or

(b) a magistrates’ court acting for the commission area or county court division where the person to whom the application relates resides.

(4) Where the Court of Appeal or the Court of Appeal in Northern Ireland gave the direction, the appropriate court is the Crown Court or the Crown Court in Northern Ireland, as the case may be.

(5) Where the High Court of Justiciary directed release, the appropriate court is—

(a) that court; or

(b) in a case where release was directed by that court on appeal, the court from which the appeal was made.

7 (1) A constable or immigration officer may arrest without warrant any person who is subject to restrictions imposed by a court under this Schedule and who at the time of the arrest is in the relevant part of the United Kingdom— U.K.

(a) if he has reasonable grounds to suspect that that person is contravening or has contravened any of those restrictions; or

(b) if he has reasonable grounds for believing that that person is likely to contravene any of them.

(2) In sub-paragraph (1) above “the relevant part of the United Kingdom” means—

(a) England and Wales, in a case where a court with jurisdiction in England or Wales imposed the restrictions;

(b) Scotland, in a case where a court with jurisdiction in Scotland imposed them; and

(c) Northern Ireland, in a case where a court in Northern Ireland imposed them.

8 (1) A person arrested in England or Wales or Northern Ireland in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area or district in which he was arrested.

(2) In reckoning for the purposes of this paragraph any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

9 (1) A person arrested in Scotland in pursuance of paragraph 7 above shall wherever practicable be brought before the appropriate court not later than in the course of the first day after his arrest, such day not being a Saturday, a Sunday or a court holiday prescribed for that court under section 10 of the M34 Bail etc. (Scotland) Act 1980. U.K.

(2) Nothing in this paragraph shall prevent a person arrested in Scotland being brought before a court on a Saturday, a Sunday or such a court holiday as is mentioned in sub-paragraph (1) above where the court is, in pursuance of section 10 of the said Act of 1980, sitting on such day for the disposal of criminal business.

Marginal Citations

M34 1980 c. 40.

10 U.K. Any justice of the peace or court before whom a person is brought by virtue of paragraph 8 or 9 above—

(a) if of the opinion that that person is contravening, has contravened or is likely to contravene any restriction imposed on him by a court under this Schedule, may direct—

(i) that he be detained; or

(ii) that he be released subject to such restrictions as to his residence and reporting to the police as the court may direct; and

(b) if not of that opinion, shall release him without altering the restrictions as to his residence and his reporting to the police.

Section 9.

SCHEDULE 4 U.K. Integration with United Kingdom Law of Immigration Law of Islands

Modifications etc. (not altering text)

C118 Sch. 4 extended (with modfications) (1.8.1993) by S.I. 1993/1796, art 3(1), Sch. 1 Pt. I (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (Jersey) (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

Leave to enter U.K.

1 (1) Where under the immigration laws of any of the Islands a person is or has been given leave to enter or remain in the island, or is or has been refused leave, this Act shall have effect in relation to him, if he is not [F158 a British citizen], as if the leave were leave (of like duration) given under this Act to enter or remain in the United Kingdom, or, as the case may be, as if he had under this Act been refused leave to enter the United Kingdom. U.K.

(2) Where under the immigration laws of any of the Islands a person has a limited leave to enter or remain in the island subject to any such conditions as are authorised in the United Kingdom by section 3(1) of this Act (being conditions imposed by notice given to him, whether the notice of leave or a subsequent notice), then on his coming to the United Kingdom this Act shall apply, if he is not [F158 a British citizen], as if those conditions related to his stay in the United Kingdom and had been imposed by notice under this Act.

(3) Without prejudice to the generality of sub-paragraphs (1) and (2) above, anything having effect in the United Kingdom by virtue of either of those sub-paragraphs may in relation to the United Kingdom be varied or revoked under this Act in like manner, and subject to the like appeal (if any), as if it had originated under this Act as mentioned in that sub-paragraph.

(4) Where anything having effect in the United Kingdom by virtue of sub-paragraph (1) or (2) above ceases to have effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise by anything done under this Act, sub-paragraph (1) or (2) shall not thereafter apply to it or, as the case may be, shall apply to it as so altered in effect.

(5) Nothing in this paragraph shall be taken as conferring on a person a right of appeal under this Act against any decision or action taken in any of the Islands.

Textual Amendments

F158 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

2 U.K. Notwithstanding section 3(4) of this Act, leave given to a person under this Act to enter or remain in the United Kingdom shall not continue to apply on his return to the United Kingdom after an absence if he has during that absence entered any of the Islands in circumstances in which he is required under the immigration laws of that island to obtain leave to enter.

Deportation U.K.

3 (1) Subject to sub-paragraph (2) below, where under the immigration laws of any of the Islands, a person is or has been ordered to leave the island and forbidden to return, then, if he is not [F159 a British citizen], this Act shall have effect in relation to him as if the order were a deportation order made against him under this Act.

(2) The Secretary of State shall not by virtue of sub-paragraph (1) above have power to revoke a deportation order made in any of the Islands, but may in any particular case direct that sub-paragraph (1) shall not apply in relation to an order so made; and nothing in this paragraph shall render it unlawful for a person in respect of whom such an order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom.

Textual Amendments

F159 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

Illegal entrants U.K.

4 U.K. Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a person who is not [F160 a British citizen] to enter the United Kingdom from any of the Islands where his presence was unlawful under the immigration laws of that island, unless he is given leave to enter.

Textual Amendments

F160 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

Section 12.

SCHEDULE 5 U.K. The Adjudicators and the Tribunal

Modifications etc. (not altering text)

C119 Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art.2

Sch. 5 amended (1.9.1996) by 1996 c. 49, s. 3(4)(f); S.I. 1996/2053, art. 2, Sch. Pt.II

Part I U.K. The Adjudicators

1 There shall be such number of adjudicators as the [F161 Lord Chancellor] may with the consent of [F162 the Treasury] determine, and the [F161 Lord Chancellor] shall appoint one of them as chief adjudicator.

Textual Amendments

F161 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F162 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C120 Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

2 (1) An adjudicator shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(2) An adjudicator may at any time by notice in writing to the [F163 Lord Chancellor] resign his office.

Textual Amendments

F163 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

Modifications etc. (not altering text)

C121 Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

3 The [F164 Lord Chancellor] shall pay—

(a) to the adjudicators, such remuneration and allowances as he may, with the approval of [F165 the Treasury], determine;

(b) as regards any of the adjudicators in whose case he may so determine with the approval of [F165 the Treasury], such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;

and, if a person ceases to be an adjudicator and it appears to the [F164 Lord Chancellor] that there are special circumstances which make it right that that person should receive compensation, the [F164 Lord Chancellor] may, with the approval of [F165 the Treasury], pay to that person a sum of such amount as the [F164 Lord Chancellor] may, with the approval of [F165 the Treasury], determine.

Textual Amendments

F164 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F165 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C122 Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

F166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

4

Textual Amendments

F166 Sch. 5 paras. 4, 10 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

5 The adjudicators shall sit at such times and in such places as the [F167 Lord Chancellor] may direct; and the chief adjudicator shall allocate duties among the adjudicators and have such other functions as may be conferred on him by the [F167 Lord Chancellor].

Textual Amendments

F167 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

Modifications etc. (not altering text)

C123 Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

C124 Sch. 5 para. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2, para. 4(4); S.I. 1993/1655, art.2

Sch. 5 para. 5 amended (26.7.1996) by 1996 c. 49, s. 3(5); S.I. 1996/2053, art. 2, Sch. Pt.I

Part II U.K. The Tribunal

Members U.K.

6 The Tribunal shall consist of such number of members as the Lord Chancellor may determine, and the Lord Chancellor shall appoint one of them to be president.

7 The president and such number of the other members of the Tribunal as the Lord Chancellor may determine shall be

[F168 (a) persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) advocates or solicitors in Scotland of a least 7 years’ standing; or

(c) members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of a least 7 years’ standing.]

Textual Amendments

F168 Sch. 5 para. 7(a)–(c) substituted by Courts and Legal Services Act 1990 (c. 41, SIF:37), s. 71(2), Sch. 10, para. 34

8 (1) A member of the Tribunal shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(2) Any member of the Tribunal may at any time by notice in writing to the Lord Chancellor resign his office.

9 The [F169 Lord Chancellor] shall pay—

(a) to the members of the Tribunal, such remuneration and allowances as he may, with the approval of [F170 the Treasury], determine;

(b) as regards any member in whose case he may so determine with the approval of [F170 the Treasury], such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;

and, if a person ceases to be a member of the Tribunal and it appears to the [F169 Lord Chancellor] that there are special circumstances which make it right that that person should receive compensation, the [F169 Lord Chancellor] may, with the approval of [F170 the Treasury], pay to that person a sum of such amount as the [F169 Lord Chancellor] may, with the approval of [F170 the Treasury], determine.

Textual Amendments

F169 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F170 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C125 Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

F171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

10

Textual Amendments

F171 Sch. 5 paras. 4, 10 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

Proceedings U.K.

11 For the purpose of hearing and determining appeals under Part II of this Act or any matter preliminary or incidental to any such appeal, the Tribunal shall sit at such times and in such place or places as the Lord Chancellor may direct, and may sit in two or more divisions.

12 Subject to rules of procedure, the Tribunal shall be deemed to be duly constituted if it consists of three members (or a greater uneven number of members) of whom at least one is qualified as mentioned in paragraph 7 of this Schedule; and the determination of any question before the Tribunal shall be according to the opinion of the majority of the members hearing the case.

13 The Lord Chancellor may appoint members of the Tribunal who are qualified as mentioned in paragraph 7 of this Schedule to act on behalf of the president in his temporary absence or inability to act.

14 The president or, in his absence, the member qualified as mentioned in paragraph 7 of this Schedule (or, if there is more than one such member present, the senior of them) shall preside at a sitting of the Tribunal.

Part III U.K. Staff and Expenses

15 The [F172 Lord Chancellor] may appoint such officers and servants for the adjudicators and the Tribunal as he may, with the approval of [F173 the Treasury] as to remuneration and numbers, determine.

Textual Amendments

F172 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F173 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C126 Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

16 The remuneration of officers and servants appointed as aforesaid, and such expenses of the adjudicators and the Tribunal as the [F174 Lord Chancellor] may with the approval of [F175 the Treasury] determine, shall be defrayed by the [F174 Lord Chancellor].

Textual Amendments

F174 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F175 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C127 Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

Section 34.

X1 SCHEDULE 6 U.K. Repeals

Editorial Information

X1 The text of Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.