Immigration, Asylum and Nationality Act 2006

32 Passenger and crew information: police powers U.K.

(1) This section applies to ships and aircraft which are—

(a) arriving, or expected to arrive, in the United Kingdom, or

(b) leaving, or expected to leave, the United Kingdom.

(2) The owner or agent of a ship or aircraft shall comply with any requirement imposed by a constable of the rank of superintendent or above to provide passenger or service information.

(3) A passenger or member of crew shall provide to the owner or agent of a ship or aircraft any information that he requires for the purpose of complying with a requirement imposed by virtue of subsection (2).

(4) A constable may impose a requirement under subsection (2) only if he thinks it necessary—

(a) in the case of a constable in England, Wales or Northern Ireland, for police purposes, or

(b) in the case of a constable in Scotland, for police purposes which are or relate to reserved matters.

(5) In this section—

(a) “passenger or service information” means information which is of a kind specified by order of the Secretary of State and which relates to—

(i) passengers,

(ii) members of crew, or

(iii) a voyage or flight,

(b) “police purposes” has the meaning given by section 21(3) of the Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of State), and

(c) “reserved matters” has the same meaning as in the Scotland Act 1998 (c. 46).

(6) A requirement imposed under subsection (2)—

(a) must be in writing,

(b) may apply generally or only to one or more specified ships or aircraft,

(c) must specify a period, not exceeding six months and beginning with the date on which it is imposed, during which it has effect,

(d) must state—

(i) the information required, and

(ii) the date or time by which it is to be provided.

(7) The Secretary of State may make an order specifying a kind of information under subsection (5)(a) only if satisfied that the nature of the information is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).

(8) An order under subsection (5)(a)—

(a) may apply generally or only to specified cases or circumstances,

(b) may make different provision for different cases or circumstances,

(c) may specify the form and manner in which information is to be provided,

(d) shall be made by statutory instrument, and

(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C1 S. 32 modified by SI 1993/1813, Sch. 4 para. 3A(a) (as inserted (2.1.2008) by Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2007 (S.I. 2007/3579), arts. 1, 2(4))

C2 S. 32 extended (Guernsey) (with modifications) (12.10.2011) by The Immigration (Guernsey) Order 2011 (S.I. 2011/2444), arts. 1, 4, Sch. 1

Commencement Information

I1 S. 32 in force at 5.11.2007 for specified purposes by S.I. 2007/3138, art. 2(e)

I2 S. 32 in force at 1.3.2008 in so far as not already in force by S.I. 2007/3138, art. 3(b)