Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

Section 4(4).

SCHEDULE 2 U.K. Exclusion Orders

Duration U.K.

1 (1) An exclusion order may be revoked at any time by a further order made by the Secretary of State.

(2) An exclusion order shall, unless revoked earlier, expire at the end of the period of three years beginning with the day on which it is made.

(3) The fact that an exclusion order against a person has been revoked or has expired shall not prevent the making of a further exclusion order against him.

[F1 (4) The fact that the Secretary of State has decided at any time not to make an exclusion order against a person on whom a notice has been served under paragraph 2(1) below shall not prevent the Secretary of State from making an exclusion order against him after a further notice has been served on him under that provision.]

Textual Amendments

F1 Sch. 2 para. 1(4) inserted (25.3.1996) by S.I. 1996/892, regs. 1, 3(2)(a)

[F2 Notice that exclusion order is being considered] U.K.

Textual Amendments

F2 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F3 2 (1) Where the Secretary of State is considering whether to make an exclusion order against a person—

(a) if the person is in the United Kingdom, notice in writing shall be served on him that the Secretary of State is considering that question; and

(b) if the person is not in the United Kingdom, notice in writing may be served on him that the Secretary of State is considering that question.

(2) A notice under sub-paragraph (1) above shall—

(a) specify whether the order under consideration is an order under section 5, 6 or 7 of this Act; and

(b) set out the rights afforded by paragraph 4 below and specify the manner in which those rights are to be exercised.

(3) Where a person on whom notice is served under sub-paragraph (1) above is not for the time being detained by virtue of this Act, the notice may be served on him by posting it to him at his last known address.]

Textual Amendments

F3 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F4 Advice] U.K.

Textual Amendments

F4 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F5 3 Where notice is served on a person under paragraph 2(1) above, the matter shall be referred for the advice of one or more persons nominated by the Secretary of State.]

Textual Amendments

F5 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F6 Representations and interview] U.K.

Textual Amendments

F6 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F7 4 (1) Where a person on whom notice is served under paragraph 2(1) above objects to the making against him of the exclusion order under consideration, he may—

(a) make representations in writing to the Secretary of State setting out the grounds of his objections; and

(b) include in those representations a request for a personal interview with the person or persons nominated by the Secretary of State under paragraph 3 above.

(2) The person on whom the notice is served may exercise the rights conferred by sub-paragraph (1) above—

(a) if he is outside the relevant territory when the notice is served, within fourteen days of the service of the notice;

(b) if he is inside the relevant territory when the notice is served but departs with the Secretary of State’s approval within seven days of the service of the notice, within fourteen days of his departure; and

(c) in any other case, within seven days of the service of the notice.

(3) In sub-paragraph (2) above “the relevant territory" means—

(a) Great Britain if the notice relates to the making of an order under section 5 of this Act;

(b) Northern Ireland if it relates to the making of an order under section 6 of this Act; and

(c) the United Kingdom if it relates to the making of an order under section 7 of this Act.

(4) A person who requests a personal interview under sub-paragraph (1)(b) above shall be granted one unless—

(a) sub-paragraph (2)(a) or (b) above applies to him; and

(b) it appears to the Secretary of State that it is not reasonably practicable to grant him such an interview in an appropriate country or territory within a reasonable period from the date on which he made his representations.

(5) Where, in the case of a person to whom sub-paragraph (2)(a) or (b) above applies, it appears to the Secretary of State that it is reasonably practicable to grant him a personal interview in more than one appropriate country or territory, the Secretary of State may grant him the personal interview in whichever of them he thinks fit.

(6) In sub-paragraphs (4) and (5) above “appropriate country or territory" means—

(a) Northern Ireland or the Republic of Ireland if the notice served on the person under paragraph 2(1) above relates to the making of an order under section 5 of this Act;

(b) Great Britain or the Republic of Ireland if it relates to the making of an order under section 6 of this Act; and

(c) the Republic of Ireland if it relates to the making of an order under section 7 of this Act.

(7) It is for the Secretary of State to determine the place in any country or territory at which a personal interview is to be granted under this paragraph.]

Textual Amendments

F7 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F8 Making of exclusion order] U.K.

Textual Amendments

F8 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F9 5 (1) In deciding whether to make an exclusion order against any person, the Secretary of State shall take into account everything which appears to him to be relevant; and where a notice has been served on the person concerned under paragraph 2(1) above the Secretary of State shall in particular take account of—

(a) the advice of the person or persons to whom the matter was referred under paragraph 3 above;

(b) any representations made by the person under paragraph 4 above; and

(c) the report of any personal interview granted under that paragraph.

(2) The question whether to make an exclusion order against a person on whom notice has been served under paragraph 2(1) above shall be decided as soon as is reasonably practicable after—

(a) the Secretary of State has received the advice of the person or persons to whom the matter was referred under paragraph 3 above; and

(b) sub-paragraph (3) below is satisfied.

(3) This sub-paragraph is satisfied if—

(a) the Secretary of State has received representations made by the person under paragraph 4 above and the report of any personal interview granted under that paragraph;

(b) the Secretary of State has received from the person a statement in writing that he does not intend to make representations under that paragraph; or

(c) the period during which the person may make representations under that paragraph has expired.

(4) If the Secretary of State—

(a) makes an exclusion order against a person; or

(b) decides not to make an exclusion order against a person on whom notice has been served under paragraph 2(1) above,

notice in writing of the making of the order or the decision not to make an order shall be served on him if it is reasonably practicable to do so.]

Textual Amendments

F9 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F10 Detention pending decision whether to make exclusion order] U.K.

Textual Amendments

F10 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F11 5A (1) A person on whom notice has been served under paragraph 2(1) above may be detained under the authority of the Secretary of State until the Secretary of State has either made an exclusion order against him or decided not to make an exclusion order against him.

(2) A person liable to be detained under sub-paragraph (1) above may be arrested without warrant by an examining officer.

(3) The power of detention and the power of arrest conferred by sub-paragraphs (1) and (2) above are exercisable only—

(a) in Great Britain if the notice relates to the making of an order under section 5 of this Act; and

(b) in Northern Ireland if it relates to the making of an order under section 6 of this Act.

(4) A person may be removed from a vehicle for detention under this paragraph.]

Textual Amendments

F11 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

Removal directions U.K.

6 (1) The Secretary of State may in accordance with the following provisions of this paragraph give directions for the removal from the relevant territory of any person subject to an exclusion order; but a person shall not be removed in pursuance of the directions until notice of the making of the order has been served on him F12 . . ..

(2) Directions under this paragraph above may be—

(a) directions given to the captain of a ship or aircraft about to leave the relevant territory requiring him to remove the person in question from that territory 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 the removal from the relevant territory of the person in question in a ship or aircraft specified or indicated in the directions; or

(c) directions for the removal from the relevant territory of the person in question in accordance with arrangements to be made by the Secretary of State;

and any such directions shall specify the country or territory to which the person in question is to be removed.

(3) Directions under this paragraph may also be given for the removal of a person by land to the Republic of Ireland; and those directions may be—

(a) directions given to the driver or owner of any vehicle (being, in the case of a private vehicle, one in which that person arrived in Northern Ireland) requiring him to remove the person in question to the Republic of Ireland in a vehicle specified in the directions; or

(b) directions for the removal of the person in question in accordance with arrangements to be made by the Secretary of State.

(4) No directions under this paragraph shall be for the removal of a person to any country or territory other than one—

(a) of which the person in question is a national or citizen;

(b) in which he obtained a passport or other document of identity; or

(c) to which there is reason to believe that he will be admitted;

and no such directions shall be given for the removal of a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British National (Overseas) to a country or territory outside the United Kingdom unless he is also a national or citizen of, or has indicated that he is willing to be removed to, that country or territory.

(5) Where—

(a) a person is found on examination under Schedule 5 to this Act to be subject to an exclusion order; or

(b) an exclusion order is made against a person following such an examination,

the power to give directions for his removal under any provision of this paragraph except sub-paragraphs (2)(c) and (3)(b) shall be exercisable by an examining officer as well as by the Secretary of State; and where any such person has arrived in a ship or aircraft (including arrival as a transit passenger, member of the crew or other person not seeking to enter Great Britain or Northern Ireland) the countries or territories to which he may be directed to be removed under sub-paragraph (2) above include the country or territory in which he embarked on that ship or aircraft.

(6) A person in respect of whom directions are given under this paragraph may be placed under the authority of the Secretary of State or an examining officer on board any ship or aircraft or, as the case may be, in or on any vehicle in which he is to be removed in accordance with the directions.

(7) The costs of complying with any directions under this paragraph shall be defrayed by the Secretary of State.

(8) Any person who without reasonable excuse fails to comply with directions given to him under this paragraph is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

(9) In this paragraph “the relevant territory” means—

(a) in relation to a person subject to an exclusion order made under section 5 of this Act, Great Britain;

(b) in relation to a person subject to an exclusion order made under section 6 of this Act, Northern Ireland; and

(c) in relation to a person subject to an exclusion order made under section 7 of this Act, the United Kingdom.

Textual Amendments

F12 Words in Sch. 2 para. 6(1) omitted (25.3.1996) by virtue of S.I. 1996/892, regs. 1, 3(2)(b)

Detention pending removal U.K.

7 (1) A person in respect of whom directions for removal may be given under paragraph 6 above may be detained pending the giving of such directions and pending removal in pursuance of the directions under the authority of the Secretary of State or, if the directions are to be or have been given by an examining officer, of such an officer.

(2) A person liable to be detained under this paragraph may be arrested without warrant by an examining officer.

(3) The captain of a ship or aircraft, if so required by an examining officer, shall prevent any person placed on board the ship or aircraft under paragraph 6 above from disembarking in the relevant territory or, before the directions for his removal have been fulfilled, elsewhere.

(4) Where under sub-paragraph (3) above the captain of a ship or aircraft is required to prevent a person from disembarking he may for that purpose detain him in custody on board the ship or aircraft.

(5) The captain of a ship or aircraft who fails to take reasonable steps to comply with a requirement imposed under sub-paragraph (3) above is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 4 on the standard scale or both.

(6) A person may be removed from a vehicle for detention under this paragraph.

(7) In this paragraph “therelevant territory” has the same meaning as in paragraph 6 above.

Detention : supplementary provisions U.K.

8 (1) If a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person liable to be arrested under paragraph [F13 5A(2) or] 7(2) above is to be found on any premises he may grant a search warrant authorising any constable to enter those premises for the purpose of searching for and arresting that person.

(2) In Scotland the power to issue a warrant under sub-paragraph (1) above shall be exercised by a sheriff or a justice of the peace, an application for such a warrant shall be supported by evidence on oath and a warrant shall not authorise a constable to enter any premises unless he is a constable for the police area in which they are situated.

(3) In Northern Ireland an application for a warrant under sub-paragraph (1) above shall be made by a complaint on oath.

(4) A person detained under this Schedule shall be deemed to be in legal custody at any time when he is so detained and, if detained otherwise than on board a ship or aircraft, may be detained in such a place as the Secretary of State may from time to time direct.

(5) Where a person is detained under this Schedule, any examining 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.

(6) Any person detained under this Schedule may be taken in the custody of a constable or an examining officer, or of any person acting under the authority of an examining officer, to and from any place where his attendance is required for the purpose of establishing his nationality or citizenship or for making arrangements for his admission to a country or territory outside the United Kingdom or where he is required to be for any other purpose connected with the operation of this Act.

Textual Amendments

F13 Words in Sch. 2 para. 8(1) inserted (25.3.1996) by S.I. 1996/892, regs. 1, 3(2)(d)

Exemption from exclusion orders U.K.

9 (1) When any question arises under this Act whether a person is exempted from the provisions of section 5, 6 or 7 of this Act it shall be for the person asserting that he is exempt to prove it.

(2) A person is not to be treated as ordinarily resident in Great Britain for the purposes of the exemption in section 5(4)(a) of this Act or in Northern Ireland for the purpose of the exemption in section 6(4)(a) of this Act at a time when he is there in breach of—

(a) an exclusion order; or

(b) the M1 Immigration Act 1971 or any law for purposes similar to that Act in force in the United Kingdom after the passing of this Act.

(3) In each of those exemptions “the last three years” is to be taken as a period amounting in total to three years exclusive of any time during which the person claiming exemption was undergoing imprisonment or detention for a period of six months or more by virtue of a sentence passed for an offence on a conviction in the United Kingdom or in any of the Islands.

(4) In sub-paragraph (3) above—

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

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

(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) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.

(5) In sub-paragraph (4)(c)(ii) above “relevant enactment” means section 67 of the M2 Criminal Justice Act 1967 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 or in any of the Islands.

Marginal Citations

M1 1971 c. 77.

M2 1967 c. 80.

Section 4(4).

SCHEDULE 2 U.K. Exclusion Orders

Duration U.K.

1 (1) An exclusion order may be revoked at any time by a further order made by the Secretary of State.

(2) An exclusion order shall, unless revoked earlier, expire at the end of the period of three years beginning with the day on which it is made.

(3) The fact that an exclusion order against a person has been revoked or has expired shall not prevent the making of a further exclusion order against him.

[F1 (4) The fact that the Secretary of State has decided at any time not to make an exclusion order against a person on whom a notice has been served under paragraph 2(1) below shall not prevent the Secretary of State from making an exclusion order against him after a further notice has been served on him under that provision.]

Textual Amendments

F1 Sch. 2 para. 1(4) inserted (25.3.1996) by S.I. 1996/892, regs. 1, 3(2)(a)

[F2 Notice that exclusion order is being considered] U.K.

Textual Amendments

F2 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F3 2 (1) Where the Secretary of State is considering whether to make an exclusion order against a person—

(a) if the person is in the United Kingdom, notice in writing shall be served on him that the Secretary of State is considering that question; and

(b) if the person is not in the United Kingdom, notice in writing may be served on him that the Secretary of State is considering that question.

(2) A notice under sub-paragraph (1) above shall—

(a) specify whether the order under consideration is an order under section 5, 6 or 7 of this Act; and

(b) set out the rights afforded by paragraph 4 below and specify the manner in which those rights are to be exercised.

(3) Where a person on whom notice is served under sub-paragraph (1) above is not for the time being detained by virtue of this Act, the notice may be served on him by posting it to him at his last known address.]

Textual Amendments

F3 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F4 Advice] U.K.

Textual Amendments

F4 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F5 3 Where notice is served on a person under paragraph 2(1) above, the matter shall be referred for the advice of one or more persons nominated by the Secretary of State.]

Textual Amendments

F5 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F6 Representations and interview] U.K.

Textual Amendments

F6 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

[F7 4 (1) Where a person on whom notice is served under paragraph 2(1) above objects to the making against him of the exclusion order under consideration, he may—

(a) make representations in writing to the Secretary of State setting out the grounds of his objections; and

(b) include in those representations a request for a personal interview with the person or persons nominated by the Secretary of State under paragraph 3 above.

(2) The person on whom the notice is served may exercise the rights conferred by sub-paragraph (1) above—

(a) if he is outside the relevant territory when the notice is served, within fourteen days of the service of the notice;

(b) if he is inside the relevant territory when the notice is served but departs with the Secretary of State’s approval within seven days of the service of the notice, within fourteen days of his departure; and

(c) in any other case, within seven days of the service of the notice.

(3) In sub-paragraph (2) above “the relevant territory" means—

(a) Great Britain if the notice relates to the making of an order under section 5 of this Act;

(b) Northern Ireland if it relates to the making of an order under section 6 of this Act; and

(c) the United Kingdom if it relates to the making of an order under section 7 of this Act.

(4) A person who requests a personal interview under sub-paragraph (1)(b) above shall be granted one unless—

(a) sub-paragraph (2)(a) or (b) above applies to him; and

(b) it appears to the Secretary of State that it is not reasonably practicable to grant him such an interview in an appropriate country or territory within a reasonable period from the date on which he made his representations.

(5) Where, in the case of a person to whom sub-paragraph (2)(a) or (b) above applies, it appears to the Secretary of State that it is reasonably practicable to grant him a personal interview in more than one appropriate country or territory, the Secretary of State may grant him the personal interview in whichever of them he thinks fit.

(6) In sub-paragraphs (4) and (5) above “appropriate country or territory" means—

(a) Northern Ireland or the Republic of Ireland if the notice served on the person under paragraph 2(1) above relates to the making of an order under section 5 of this Act;

(b) Great Britain or the Republic of Ireland if it relates to the making of an order under section 6 of this Act; and

(c) the Republic of Ireland if it relates to the making of an order under section 7 of this Act.

(7) It is for the Secretary of State to determine the place in any country or territory at which a personal interview is to be granted under this paragraph.]

Textual Amendments

F7 Sch. 2 paras. 2-5A substituted for Sch. 2 paras. 2-5 (25.3.1996) by S.I. 1996/892, reg. 2

Removal directions U.K.

6 (1) The Secretary of State may in accordance with the following provisions of this paragraph give directions for the removal from the relevant territory of any person subject to an exclusion order; but a person shall not be removed in pursuance of the directions until notice of the making of the order has been served on him F12 . . ..

(2) Directions under this paragraph above may be—

(a) directions given to the captain of a ship or aircraft about to leave the relevant territory requiring him to remove the person in question from that territory 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 the removal from the relevant territory of the person in question in a ship or aircraft specified or indicated in the directions; or

(c) directions for the removal from the relevant territory of the person in question in accordance with arrangements to be made by the Secretary of State;

and any such directions shall specify the country or territory to which the person in question is to be removed.

(3) Directions under this paragraph may also be given for the removal of a person by land to the Republic of Ireland; and those directions may be—

(a) directions given to the driver or owner of any vehicle (being, in the case of a private vehicle, one in which that person arrived in Northern Ireland) requiring him to remove the person in question to the Republic of Ireland in a vehicle specified in the directions; or

(b) directions for the removal of the person in question in accordance with arrangements to be made by the Secretary of State.

(4) No directions under this paragraph shall be for the removal of a person to any country or territory other than one—

(a) of which the person in question is a national or citizen;

(b) in which he obtained a passport or other document of identity; or

(c) to which there is reason to believe that he will be admitted;

and no such directions shall be given for the removal of a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British National (Overseas) to a country or territory outside the United Kingdom unless he is also a national or citizen of, or has indicated that he is willing to be removed to, that country or territory.

(5) Where—

(a) a person is found on examination under Schedule 5 to this Act to be subject to an exclusion order; or

(b) an exclusion order is made against a person following such an examination,

the power to give directions for his removal under any provision of this paragraph except sub-paragraphs (2)(c) and (3)(b) shall be exercisable by an examining officer as well as by the Secretary of State; and where any such person has arrived in a ship or aircraft (including arrival as a transit passenger, member of the crew or other person not seeking to enter Great Britain or Northern Ireland) the countries or territories to which he may be directed to be removed under sub-paragraph (2) above include the country or territory in which he embarked on that ship or aircraft.

(6) A person in respect of whom directions are given under this paragraph may be placed under the authority of the Secretary of State or an examining officer on board any ship or aircraft or, as the case may be, in or on any vehicle in which he is to be removed in accordance with the directions.

(7) The costs of complying with any directions under this paragraph shall be defrayed by the Secretary of State.

(8) Any person who without reasonable excuse fails to comply with directions given to him under this paragraph is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

(9) In this paragraph “the relevant territory” means—

(a) in relation to a person subject to an exclusion order made under section 5 of this Act, Great Britain;

(b) in relation to a person subject to an exclusion order made under section 6 of this Act, Northern Ireland; and

(c) in relation to a person subject to an exclusion order made under section 7 of this Act, the United Kingdom.

Textual Amendments

F12 Words in Sch. 2 para. 6(1) omitted (25.3.1996) by virtue of S.I. 1996/892, regs. 1, 3(2)(b)

Detention pending removal U.K.

7 (1) A person in respect of whom directions for removal may be given under paragraph 6 above may be detained pending the giving of such directions and pending removal in pursuance of the directions under the authority of the Secretary of State or, if the directions are to be or have been given by an examining officer, of such an officer.

(2) A person liable to be detained under this paragraph may be arrested without warrant by an examining officer.

(3) The captain of a ship or aircraft, if so required by an examining officer, shall prevent any person placed on board the ship or aircraft under paragraph 6 above from disembarking in the relevant territory or, before the directions for his removal have been fulfilled, elsewhere.

(4) Where under sub-paragraph (3) above the captain of a ship or aircraft is required to prevent a person from disembarking he may for that purpose detain him in custody on board the ship or aircraft.

(5) The captain of a ship or aircraft who fails to take reasonable steps to comply with a requirement imposed under sub-paragraph (3) above is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 4 on the standard scale or both.

(6) A person may be removed from a vehicle for detention under this paragraph.

(7) In this paragraph “therelevant territory” has the same meaning as in paragraph 6 above.

Detention : supplementary provisions U.K.

8 (1) If a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person liable to be arrested under paragraph [F13 5A(2) or] 7(2) above is to be found on any premises he may grant a search warrant authorising any constable to enter those premises for the purpose of searching for and arresting that person.

(2) In Scotland the power to issue a warrant under sub-paragraph (1) above shall be exercised by a sheriff or a justice of the peace, an application for such a warrant shall be supported by evidence on oath and a warrant shall not authorise a constable to enter any premises unless he is a constable for the police area in which they are situated.

(3) In Northern Ireland an application for a warrant under sub-paragraph (1) above shall be made by a complaint on oath.

(4) A person detained under this Schedule shall be deemed to be in legal custody at any time when he is so detained and, if detained otherwise than on board a ship or aircraft, may be detained in such a place as the Secretary of State may from time to time direct.

(5) Where a person is detained under this Schedule, any examining 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.

(6) Any person detained under this Schedule may be taken in the custody of a constable or an examining officer, or of any person acting under the authority of an examining officer, to and from any place where his attendance is required for the purpose of establishing his nationality or citizenship or for making arrangements for his admission to a country or territory outside the United Kingdom or where he is required to be for any other purpose connected with the operation of this Act.

Textual Amendments

F13 Words in Sch. 2 para. 8(1) inserted (25.3.1996) by S.I. 1996/892, regs. 1, 3(2)(d)

Exemption from exclusion orders U.K.

9 (1) When any question arises under this Act whether a person is exempted from the provisions of section 5, 6 or 7 of this Act it shall be for the person asserting that he is exempt to prove it.

(2) A person is not to be treated as ordinarily resident in Great Britain for the purposes of the exemption in section 5(4)(a) of this Act or in Northern Ireland for the purpose of the exemption in section 6(4)(a) of this Act at a time when he is there in breach of—

(a) an exclusion order; or

(b) the M1 Immigration Act 1971 or any law for purposes similar to that Act in force in the United Kingdom after the passing of this Act.

(3) In each of those exemptions “the last three years” is to be taken as a period amounting in total to three years exclusive of any time during which the person claiming exemption was undergoing imprisonment or detention for a period of six months or more by virtue of a sentence passed for an offence on a conviction in the United Kingdom or in any of the Islands.

(4) In sub-paragraph (3) above—

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

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

(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) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.

(5) In sub-paragraph (4)(c)(ii) above “relevant enactment” means section 67 of the M2 Criminal Justice Act 1967 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 or in any of the Islands.

Marginal Citations

M1 1971 c. 77.

M2 1967 c. 80.