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Immigration Act 1971

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Immigration Act 1971, SCHEDULE 2 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULE 2U.K. Administrative Provisions as to Control on Entry etc.

Modifications etc. (not altering text)

C2Sch. 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)

C4Sch. 2 applied in part (with modifications) by S.I. 2006/1003, reg. 29AA(6)(7) (as inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 8 (with reg. 4))

C8Schs. 2-4: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)

C9Sch. 2 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6

C10Sch. 2 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

Part IU.K. General Provisions

Modifications etc. (not altering text)

C14Sch. 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))

C15Sch. 2 Pt. I applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 40(4)

Immigration officers and medical inspectorsU.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.U.K.

(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.

[F1(2A)The Secretary of State may direct that his function of appointing medical inspectors under sub-paragraph (2) is also to be exercisable by such persons specified in the direction who exercise functions relating to health in England or Wales.]

(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 [F2or aircraft] 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 [F2or aircraft] and anything on board it, or any vehicle [F3or container] taken off a ship or aircraft on which it has been brought to the United Kingdom.

[F4(6)For the purposes of searching a container under sub-paragraph (5), an immigration officer may direct any person who has control of the container to deliver the container to a place specified by the immigration officer.

(7)In this paragraph, “container” has the same meaning as in the Customs and Excise Management Act 1979 (see section 1(1) of that Act).]

Textual Amendments

F1Sch. 2 para. 1(2A) inserted (23.9.2004) by Health Protection Agency Act 2004 (c. 17), ss. 11(1), 12(3), Sch. 3 para. 3

F2Words in Sch. 2 para. 1(4)(5) substituted (2.8.1993) by S.I. 1993/1813, arts. 8, 1, Sch. 5 para. 1(a)

Modifications etc. (not altering text)

C16Reference 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

Sch. 2 para. 1(2): transfer of certain functions (S.)(1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C17Sch. 2 para. 1(3): transfer of certain functions (S.)(1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Examination by immigration officers, and medical examinationU.K.

2(1)An immigration officer may examine any persons [F5within sub-paragraph (1A)] arrived in the United Kingdom by ship [F6or aircraft] (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) for the purpose of determining—U.K.

(a)whether any of them is or is not [F7a British citizen]; and

(b)whether, if he is not, he may or may not enter the United Kingdom without leave; and

[F8(c)whether, if he may not—

(i)he has been given leave which is still in force,

(ii)he should be given leave and for what period or on what conditions (if any), or

(iii)he should be refused leave][F9; and

(d)whether, if he has been given leave which is still in force, his leave should be curtailed.]

[F10(1A)The persons are—

(a)any person who has arrived in the United Kingdom by ship or aircraft (including transit passengers, members of the crew and others not seeking to enter the United Kingdom);

(b)any person who has arrived in United Kingdom waters by ship or aircraft who the immigration officer has reason to believe is an offshore worker.

(1B)In sub-paragraph (1A), “offshore worker” and “United Kingdom waters” have the same meaning as in section 11A.]

(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

F6Words in Sch. 2 para. 2(1) substituted (2.8.1993) by S.I. 1993/1813, arts 8, 1, Sch. 5 para. 1(b)

F8Sch. 2 para. 2(1)(c) substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 56; 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.)

F9Sch. 2 para. 2(1)(d) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(2), 94(1); S.I. 2016/603, reg. 3(g)

Modifications etc. (not altering text)

C18Sch. 2 para. 2 excluded by Immigration Act 1988 (c. 14, SIF 62), s. 8(4)

Sch. 2 para. 2 modified (18.7.2001) by S.I. 2001/2950, art. 3

C19Sch. 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)

[F11 Examination of persons who arrive with continuing leave]U.K.

Textual Amendments

F11Heading inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 57; S.I. 2000/168, art. 2, Sch

[F122A(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.U.K.

(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.

[F13(2A)Where the person’s leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance.]

(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.

F14(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.]

Textual Amendments

F12Sch. 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. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F14Sch. 2 para. 2A(9) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 65(1), 94(1) (with s. 65(3)); S.I. 2016/1037, reg. 5(h)

Modifications etc. (not altering text)

C20Sch. 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 [F15or designated person] may examine any person who is embarking or seeking to embark in the United Kingdom F16. . .for the purpose of determining whether he is [F17a British citizen][F18and, if he is not a British citizen, for the purpose of establishing—U.K.

(a)his identity;

(b)whether he entered the United Kingdom lawfully;

(c)whether he has complied with any conditions of leave to enter or remain in the United Kingdom;

(d)whether his return to the United Kingdom is prohibited or restricted.

[F19(1A)If a person is examined under sub-paragraph (1) (whether by an immigration officer or designated person), an immigration officer may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified in that sub-paragraph.]

(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 F16. . . 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

F15Words in Sch. 2 para. 3(1) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 2(2); S.I. 2014/1820, art. 3(bb)

F16Words in Sch. 2 para. 3(1)(2) repealed (2.8.1993) by S.I. 1993/1813 arts. 1, 9, Sch. 6 Pt. I

F18Words in Sch. 2 para. 3 substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 42(2); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F19Sch. 2 para. 3(1A) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 2(3); S.I. 2014/1820, art. 3(bb)

Modifications etc. (not altering text)

C21Sch. 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)

Information and documentsU.K.

4(1)It shall be the duty of any person examined under paragraph 2[F20, 2A] 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 [F21that or any other person's functions] under that paragraph.U.K.

(2)A person on his examination under paragraph 2[F20, 2A] or 3 above by an immigration officer [F22, or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer or designated person ] —

(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 [F23, or has carried or conveyed,] documents of any relevant description specified by [F24the immigration officer or designated person], and produce any documents of that description which he is carrying or conveying.

In paragraph (b), “relevant description” means any description appearing to [F25the immigration officer or designated person] to be relevant for the purposes of the examination.

(2A)F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying [F27, or has carried or conveyed,] documents of any description,

F28[(a)he and any baggage or vehicle belonging to him or under his control; and

(b)any ship, aircraft or vehicle in which he arrived in the United Kingdom,]

may be searched with a view to ascertaining whether he is doing [F29or, as the case may be, has done] so by [F30an immigration officer or a person acting under the directions of an immigration officer] :

Provided that no woman or girl shall be searched except by a woman.

[F31(4)Where a passport or other document is [F32produced to or found by an immigration officer] in accordance with this paragraph[F33, the immigration officer] may examine it and detain it—

(a)for the purpose of examining it, for a period not exceeding 7 days;

(b)for any purpose, until the person to whom the document relates is given leave to enter the United Kingdom or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter;

(c)after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings in respect of an appeal under the Immigration Acts or in respect of an offence.

[F34(4A)Where a passport or other document is produced to a designated person in accordance with this paragraph, the designated person—

(a)may examine it and detain it; and

(b)must deliver any detained passport or document to an immigration officer as soon as reasonably practicable.

(4B)If a passport or document is delivered to an immigration officer in accordance with sub-paragraph (4A)(b), sub-paragraph (4) applies as if the immigration officer had detained the document (and, accordingly, the immigration officer may continue to detain it in accordance with sub-paragraph (4)(a), (b) or (c)).]

(5)For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination[F35, or any immigration officer or designated person,] may require the person being examined to provide [F36biometric] information (whether or not by submitting to a process by means of which information is obtained or recorded) F37....]

[F38(6)Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.]

[F39(7)A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless—

(a)the decision to require P to provide the information has been confirmed by a chief immigration officer, and

(b)the information is provided in the presence of a person of full age who is—

(i)P's parent or guardian, or

(ii)a person who for the time being takes responsibility for P.

(8)The person mentioned in sub-paragraph (7)(b)(ii) may not be—

(a)a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or

(b)an officer of the Secretary of State who is not such a person.

(9)Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.]

Textual Amendments

F20Words in Sch. 2 para. 4(1)(2) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 58; 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.)

F21Words in Sch. 2 para. 4(1) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(2); S.I. 2014/1820, art. 3(bb)

F22Words in Sch. 2 para. 4(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(a); S.I. 2014/1820, art. 3(bb)

F23Words in Sch. 2 para. 4(2)(b) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(1); S.I. 1996/2053, art. 2, Sch. Pt. III

F24Words in Sch. 2 para. 4(2)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(b); S.I. 2014/1820, art. 3(bb)

F25Words in Sch. 2 para. 4(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(c); S.I. 2014/1820, art. 3(bb)

F26Sch. 2 para. 4(2A) repealed (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. {27(2)}, 61, {Sch. 3}; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F27Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(a); S.I. 1996/2053, art. 2, Sch. Pt. III

F28Sch. 2 para. 4(3)(a)(b) substituted (1.10.1996) for words by 1996 c. 49, s 12(1), Sch. 2 para. 5(2)(b); S.I. 1996/2053, art. 2, Sch. Pt. III

F29Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(c); S.I. 1996/2053, art. 2, Sch. Pt. III

F30Words in Sch. 2 para. 4(3) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(4); S.I. 2014/1820, art. 3(bb)

F31Sch. 2 para. 4(4)(5) substituted (31.8.2006) for Sch. 2 para. 4(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 27(1); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F32Words in Sch. 2 para. 4(4) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(5)(a); S.I. 2014/1820, art. 3(bb)

F33Words in Sch. 2 para. 4(4) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(5)(b); S.I. 2014/1820, art. 3(bb)

F34Sch. 2 para. 4(4A)(4B) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(6); S.I. 2014/1820, art. 3(bb)

F35Words in Sch. 2 para. 4(5) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(7); S.I. 2014/1820, art. 3(bb)

F36Word in Sch. 2 para. 4(5) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(2)(a); S.I. 2014/1820, art. 3(z)

F37Words in Sch. 2 para. 4(5) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(2)(b); S.I. 2014/1820, art. 3(z)

F39Sch. 2 para. 4(7)-(9) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 13(2), 75(3); S.I. 2014/1820, art. 3(l)

Modifications etc. (not altering text)

C22Sch. 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. 4 modified (18.7.2001) by S.I. 2001/2590, art. 3

5U.K.The Secretary of State may by order made by statutory instrument make provision for [F40requiring—

(a)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 [F41cards, and

(b)passengers embarking in the United Kingdom, or any class of such passengers, to produce to a designated person, if so required, 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.

Textual Amendments

F40Word preceding and in Sch. 2 para. 5(a) substituted for words (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 4(2); S.I. 2014/1820, art. 3(bb)

F41 Sch. 2 para. 5(b) and surrounding words substituted for words (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 4(3); S.I. 2014/1820, art. 3(bb)

Modifications etc. (not altering text)

[F42Designated personsU.K.

Textual Amendments

F42Sch. 2 para. 5A and cross-heading inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 5; S.I. 2014/1820, art. 3(bb)

5A(1)In this Schedule “designated person” means a person designated by the Secretary of State for the purposes of this Schedule.U.K.

(2)A designation under this paragraph is subject to such limitations as may be specified in the designation.

(3)A limitation under sub-paragraph (2) may, in particular, relate to the functions that are exercisable by virtue of the designation (and, accordingly, the exercise of functions under this Schedule by a designated person is subject to any such limitations specified in the person's designation).

(4)A designation under this paragraph—

(a)may be permanent or for a specified period,

(b)may (in either case) be withdrawn, and

(c)may be varied.

(5)The power to designate, or to withdraw or vary a designation, is exercised by the Secretary of State giving notice to the person in question.

(6)The Secretary of State may designate a person under this paragraph only if the Secretary of State is satisfied that the person—

(a)is capable of effectively carrying out the functions that are exercisable by virtue of the designation,

(b)has received adequate training in respect of the exercise of those functions, and

(c)is otherwise a suitable person to exercise those functions.]

[F43Directions to carriers and operators of ports etcU.K.

Textual Amendments

F43 Sch. 2 para. 5B and cross-heading inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 6; S.I. 2014/1820, art. 3(bb)

5B(1)The Secretary of State may direct—U.K.

(a)an owner or agent of a ship or aircraft, or

(b)a person concerned in the management of a port,

to make arrangements for designated persons to exercise a specified function, or a function of a specified description, in relation to persons of a specified description.

(2)A direction under this paragraph must specify—

(a)the port where, and

(b)the date (or dates) and time (or times) when,

a function is to be exercised under the arrangements.

(3)A direction under this paragraph must be in writing.

(4)A direction under this paragraph may specify a description of persons by reference, in particular, to—

(a)the destination to which persons are travelling;

(b)the route by which persons are travelling;

(c)the date and time when the persons are travelling.

(5)In this paragraph—

  • “function” means a function under this Schedule;

  • “specified” means specified in a direction under this paragraph.]

Notice of leave to enter or of refusal of leaveU.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 [F44twenty-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 [F44twenty-four hours], he shall (if not [F45a British citizen]) be deemed to have been given [F44leave 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.U.K.

(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 [F46twenty-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, [F47and the immigration officer does not at the same time give him indefinite or limited leave to enter [F48or require him to submit to further examination], 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

F48Words in s. 6(3) inserted (8.1.2003) by 2002 c. 41, s. 119, (with s. 159); S.I. 2002/2811, art. 2, Sch.

Modifications etc. (not altering text)

C24Sch. 2 para. 6(2) applied (with modifications) by S.I. 2006/1003, reg. 23A (as inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 9)

C25Sch. 2 para. 6(2) applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 31(2)(a)

C27Sch. 2 para. 6(3)(4) modified by Immigration Act 1988 (c. 14, SIF 62), s. 8(6)

[F49 Power to require medical examination after entry]U.K.

Textual Amendments

F49Heading substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 59; S.I. 2000/168, art. 2, Sch

[F507(1)This paragraph applies if an immigration officer examining a person under paragraph 2 decides—U.K.

(a)that he may be given leave to enter the United Kingdom; but

(b)that a further medical test or examination may be required in the interests of public health.

(2)This paragraph also applies if an immigration officer examining a person under paragraph 2A decides—

(a)that his leave to enter the United Kingdom should not be cancelled; but

(b)that a further medical test or examination may be required in the interests of public health.

(3)The immigration officer may give the person concerned notice in writing requiring him—

(a)to report his arrival to such medical officer of health as may be specified in the notice; and

(b)to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require.

(4)In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of—

(a)a medical inspector; or

(b)if no medical inspector is available, a fully qualified medical practitioner.]

Textual Amendments

F50Sch. 2 para. 7 substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 59; 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)

C28Sch. 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)

C29Sch. 2 para. 7(1)(3)(4) modified (18.7.2001) by S.I. 2001/2590, art. 3

Removal of persons refused leave to enter and illegal entrantsU.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—U.K.

(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 F51. . .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 [F52(ignoring any period during which an appeal by him under the Immigration Acts is pending)][F53except 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

F51Words in Sch. 2 para. 8(1)(c) repealed (2.8.1993) by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I

F52Words in Sch. 2 para. 8(2) inserted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 4 (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))

Modifications etc. (not altering text)

C30Sch. 2 para. 8 applied (2.10.2000 with application as mentioned in reg. 9 of the applying S.I.) by S.I. 2000/2326, reg. 25(3)(a)

Sch. 2 para. 8 modified (18.7.2001) by S.I. 2001/2590, art. 3

Sch. 2 para. 8 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

Sch. 2 para. 8 applied (with modifications) (17.7.2002) by S.I. 2002/1832, art. 2(2), Sch.

C32Sch. 2 para. 8(2) amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 13; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

C33Sch. 2 para. 8(2) modified (2.10.2000 with application as mentioned in regs. 9, 28 of the modifying S.I.) by S.I. 2000/2326, reg. 32(4)(7) (as substituted (1.4.2003) for reg. 34(4)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

9[F54(1)]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).U.K.

F55[(2)Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.]

Textual Amendments

F54Sch 2 para. 9 renumbered as 9(1) (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.6; S.I. 1996/2053, art. 2, Sch. Pt.III

F55Sch. 2 para. 9(2) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.6; S.I. 1996/2053, art. 2, Sch. Pt.III

Modifications etc. (not altering text)

C34Sch. 2 para. 9 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

Sch. 2 para. 9 modified (18.7.2001) by S.I. 2001/2590, art. 3

Sch. 2 para. 9 applied (with modifications) (17.7.2002) by S.I. 2002/1832, art. 2(2), Sch.

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 [F56but 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

Modifications etc. (not altering text)

C35Sch. 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)

[F5710AU.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

F57Sch. 2 para. 10A inserted (10.2.2003) by 2002 c. 41, s. 73(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

11U.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 [F58or the Secretary of State], on board any ship or aircraft in which he is to be removed in accordance with the directions.

Textual Amendments

F58Words in Sch. 2 para. 11 inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 1; S.I. 2014/2771, arts. 2(e), 4(g) (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))

Modifications etc. (not altering text)

C38Sch. 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 aircrewsU.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 [F59a 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

Modifications etc. (not altering text)

C40Sch. 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 [F60a 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

Modifications etc. (not altering text)

C41Sch. 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)

C42Sch. 2 para. 14 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

15U.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.

[F61Search of premises in connection with removalU.K.

Textual Amendments

F61Sch. 2 para. 15A inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(3), 94(1); S.I. 2016/603, reg. 3(g)

15A(1)This paragraph applies if—U.K.

(a)an immigration officer is lawfully on any premises, and

(b)a person who is liable to be detained under paragraph 16(2) is on the premises.

(2)The immigration officer may search the premises for documents which—

(a)relate to the person, and

(b)may be evidence for a ground on which the person's leave to enter or remain in the United Kingdom may be curtailed.

(3)The power may be exercised—

(a)only if the immigration officer has reasonable grounds for believing there are documents within sub-paragraph (2) on the premises, and

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

(4)An immigration officer searching premises under this paragraph may seize any document the officer finds which the officer has reasonable grounds for believing is a document within sub-paragraph (2).

(5)Sub-paragraph (6) applies where—

(a)an immigration officer is searching premises under this paragraph, and

(b)any document the officer has reasonable grounds for believing is a document within sub-paragraph (2) is stored in any electronic form and is accessible from the premises.

(6)The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(7)If a requirement under sub-paragraph (6) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the immigration officer may seize the device or medium on which it is stored.

(8)But sub-paragraphs (4) to (7) do not apply to a document which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.

(9)An immigration officer may retain a document seized under this paragraph while—

(a)the person to whom the document relates is liable to be detained under paragraph 16(2), and

(b)the document falls within sub-paragraph (2)(b).

(10)But a document may not be retained for the purpose mentioned in sub-paragraph (9) if a photograph or copy would be sufficient for that purpose.]

Detention of persons liable to examination or removalU.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.U.K.

[F62(1A)A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending—

(a)completion of his examination under that paragraph; and

(b)a decision on whether to cancel his leave to enter.]

[F63(1B)A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination.]

[F64(2)If there are reasonable grounds for suspecting that a person is someone in respect of whom directions may be given under any of paragraphs [F658 to 10A] or 12 to 14, that person may be detained under the authority of an immigration officer pending—

(a)a decision whether or not to give such directions;

(b)his removal in pursuance of such directions.]

[F66(2A)But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.]

[F67(2B)The detention under sub-paragraph (2) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.]

[F68(2C)A person may be detained under the authority of an immigration officer—

(a)if the immigration officer suspects that the person meets the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom), pending a decision as to whether the conditions are met;

(b)if the immigration officer suspects that the Secretary of State has a duty to make arrangements for the removal of the person from the United Kingdom under that section, pending a decision as to whether the duty applies;

(c)if the Secretary of State has such a duty, pending the person’s removal from the United Kingdom in accordance with that section;

(d)if the person meets those four conditions but the Secretary of State does not have such a duty by virtue of subsection (1) of section 4 of that Act—

(i)pending a decision to give limited leave to enter or remain under the immigration rules to the person for the purposes of that subsection,

(ii)pending a decision to give leave under section 8AA of the Immigration Act 1971 (discretionary leave for persons generally ineligible for leave etc),

(iii)pending a decision to give leave under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking), or

(iv)pending a decision to remove the person under subsection (2) of section 4 of the Illegal Migration Act 2023 (power to remove unaccompanied children), and pending their removal in accordance with that subsection.

(2D)But if the immigration officer is satisfied that a woman being detained under sub-paragraph (2C) is pregnant, then the woman may not be detained under that sub-paragraph for a period of—

(a)more than 72 hours from the relevant time, or

(b)more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

(2E)A woman who has been released as a result of sub-paragraph (2D) may be detained again under sub-paragraph (2C) in accordance with sub-paragraph (2D).

(2F)Where a woman being detained under sub-paragraph (2C) has previously been detained under section 62(2A) of the Nationality, Immigration and Asylum Act 2002 and has not been released in between, the definition of “the relevant time” in sub-paragraph (2G) is to be read as if paragraph (b) referred to the time when the woman was first detained under sub-paragraph (2C) or section 62(2A) of that Act.

(2G)In sub-paragraphs (2D) to (2F)—

  • “the relevant time” means the later of—

    (a)

    the time at which the immigration officer is first satisfied that the woman is pregnant, and

    (b)

    the time at which the detention under sub-paragraph (2C) begins;

  • “woman” means a female of any age.

(2H)The powers in sub-paragraph (2C) may be exercised in respect of an unaccompanied child only in the circumstances specified in regulations made by the Secretary of State.

(2I)The Secretary of State may, by regulations, specify time limits that apply in relation to the detention of an unaccompanied child under sub-paragraph (2C)(d)(iv) (detention of unaccompanied child in relation to removal).

(2J)Regulations under sub-paragraph (2H) may confer a discretion on the Secretary of State or an immigration officer.

(2K)Regulations under sub-paragraph (2H) or (2I)—

(a)may make different provision for different purposes;

(b)may make consequential, supplementary, incidental, transitional or saving provision;

(c)must be made by statutory instrument.

(2L)A person who may be detained under sub-paragraph (2C) may no longer be detained under sub-paragraph (1), (1A), (1B), (2), (3) or (4).

(2M)A person (of any age) detained under sub-paragraph (2C) may be detained in any place that the Secretary of State considers appropriate.

(2N)A statutory instrument containing regulations under sub-paragraph (2H) or (2I) is subject to annulment in pursuance of a resolution of either House of Parliament.

(2P)In sub-paragraphs (2H) and (2I), “unaccompanied child” has the same meaning as in the Illegal Migration Act 2023 (see section 4 of that Act).]

(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.

F69(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F70(5)See paragraph 17A for further provision about the period for which persons may be detained under this paragraph.]

Textual Amendments

F62Sch. 2 para. 16(1A) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 60; S.I. 2000/168, art. 2, Sch. 1 (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F63Sch. 2 para. 16(1B) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 42(3); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F64Sch. 2 para. 16(2) substituted (11.11.1999) by 1999 c. 33, ss. 140(1), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F65Words in Sch. 2 para. 16(2) substituted (10.2.2003) by 2002 c. 41, s. 73(5) (with s. 159); S.I. 2003/1, art. 2, Sch.

F66Sch. 2 para. 16(2A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(2), 75(3); S.I. 2014/1820, art. 3(d)

F67Sch. 2 para. 16(2B) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 60(10), 94(1); S.I. 2016/603, reg. 3(m)

F68Sch. 2 para. 16(2C)-(2P) inserted (20.7.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 11(2), 68(1)(4)(d) (with s. 55(9))

F69Sch. 2 para. 16(4A) repealed by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I

Modifications etc. (not altering text)

C43Sch. 2 para. 16 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), s. 9(4), 10 (as substituted (20.10.2014) by 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 is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 16 extended (14.12.2001) by 2001 c. 24, ss. 23(2)(a), 127(2)

C44Sch. 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. 16 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C46Sch. 2 para. 16(1) modified (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 3(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

C47Sch. 2 para. 16(2)-(4) applied by 1999 c. 33, s. 10(9)(b) (as substituted (20.10.2014) by Immigration Act 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)))

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.U.K.

(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 F71. . . 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 [F72authorising any immigration officer or constable to enter], [F73if need be by reasonable force], the premises named in the warrant for the purpose of searching for and arresting that person.

[F74(3)Sub-paragraph (4) applies where an immigration officer or constable—

(a)enters premises in reliance on a warrant under sub-paragraph (2), and

(b)detains a person on the premises.

(4)A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search.

(5)In sub-paragraph (4)—

  • “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

F71Words in Sch. 2 para. 17(2)(b) repealed (1.10.1996) by 1996 c. 49, s. 12(1)(3), Sch. 2 para. 7, Sch. 4; S.I. 1996/2053, art. 2, Sch. Pt. III

F72Words in Sch. 2 para. 17(2) substituted (11.11.1999) by 1999 c. 33, ss. 140(2), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F73Words in Sch. 2 para. 17(2) substituted (10.2.2003) by 2002 c. 41, s. 63 (with s. 159); S.I. 2003/1, art. 2, Sch.

F74Sch. 2 para. 17(3)-(5) inserted (10.2.2003) by 2002 c. 41, s. 64 (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C48Sch. 2 para. 17 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.)

C49Sch. 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. 17 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C51Sch. 2 para. 17 applied by 1999 c. 33, s. 10(9)(c) (as substituted (20.10.2014) by Immigration Act 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)))

C52Sch. 2 para. 17 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 32(1), 40(7), 41(7)

C55Sch. 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 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

[F7517A(1)A person liable to be detained under paragraph 16 may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the examination or removal to be carried out, the decision to be made, or the directions to be given.U.K.

(2)Sub-paragraphs (1) to (2), (2C), (3) and (4) of paragraph 16 apply regardless of whether there is anything that for the time being prevents the examination or removal from being carried out, the decision from being made, or the directions from being given.

(3)Sub-paragraphs (1) and (2) are subject to—

(a)paragraph 16(1B) (power to detain for examination for period not exceeding 12 hours);

(b)paragraph 16(2A) and paragraph 18B (limitation on detention of unaccompanied children);

(c)paragraph 16(2B) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women);

(d)paragraph 16(2D) to (2G) (limitation on detention of pregnant women).

(4)Sub-paragraph (5) applies if, while a person is detained under paragraph 16, the Secretary of State no longer considers that the examination or removal will be carried out, the decision will be made, or the directions will be given within a reasonable period of time.

(5)The person may be detained under paragraph 16 for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.

(6)In the application of this paragraph in relation to detention under paragraph 16(3), references to “the removal” are to—

(a)the removal of the person from the ship or aircraft on which the person is detained so that the person may be detained under paragraph 16, or

(b)the removal of the person from the United Kingdom in that ship or aircraft.

(7)In the application of this paragraph in relation to detention under paragraph 16(4), references to “the removal” are to the removal of the person from the United Kingdom in the ship or aircraft on which the person is detained.]

Textual Amendments

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).U.K.

[F76(1A)But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.]

(2)Where a person is detained [F77or liable to be 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.

[F78(2A)The power conferred by sub-paragraph (2) includes power to take [F79biometric information (within the meaning given by section 15 of the UK Borders Act 2007)].]

[F80(2B)Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5).]

(3)Any person detained under paragraph 16 may be taken in the custody of a constable, [F81an immigration officer, or] 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.

Textual Amendments

F76Sch. 2 para. 18(1A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(3), 75(3); S.I. 2014/1820, art. 3(d)

F77Words in Sch. 2 para. 18(2) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 9, 75(3); S.I. 2014/1820, art. 3(h)

F78Sch. 2 para. 18(2A) inserted (11.12.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 61; S.I. 2000/3099, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F79Words in Sch. 2 para. 18(2A) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(4); S.I. 2014/1820, art. 3(z)

F80Sch. 2 para. 18(2B) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 13(3), 75(3); S.I. 2014/1820, art. 3(l)

F81Words in Sch. 2 para. 18(3) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 1; S.I. 2014/1820, art. 3(y)

Modifications etc. (not altering text)

C56Sch. 2 para. 18 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), ss. 9(4), 10 (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 is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

C57Sch. 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)

[F8218A(1)An immigration officer or constable may search a person (“P”) who is detained under paragraph 16 for anything which P might use—U.K.

(a)to cause physical injury to P or others, or

(b)to assist P's escape from legal custody.

(2)The power to search P—

(a)unless sub-paragraph (3) applies, does not include power to require P to remove any clothing other than an outer coat, jacket or glove, but

(b)includes power to require P to open P's mouth.

(3)This sub-paragraph applies if an immigration officer or constable has reasonable grounds to believe that there is concealed on P anything which P might use as mentioned in sub-paragraph (1).

(4)The power to search P may be exercised only to the extent reasonably required for the purpose of discovering anything which P might use as mentioned in sub-paragraph (1).

(5)An intimate search (as defined in section 28H(11)) may not be conducted under this paragraph.

(6)An immigration officer or constable may seize and retain anything found on a search of P if the officer or constable has reasonable grounds to believe P might use it as mentioned in sub-paragraph (1).

(7)Nothing seized under sub-paragraph (6) may be retained when P is released from detention under paragraph 16.]

Textual Amendments

Modifications etc. (not altering text)

C60Sch. 2 para. 18A applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(e) (as substituted (20.10.2014) by Immigration Act 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)))

C61Sch. 2 para. 18A applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 32(1)

[F8318B(1)Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where—U.K.

(a)the child is being transferred to or from a short-term holding facility, or

(b)sub-paragraph (3) of paragraph 18 applies.

(2)An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met.

(3)The first condition is that—

(a)directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or

(b)a decision on whether or not to give directions is likely to result in such directions.

(4)The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions.

(5)An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended.

(6)An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph.

(7)In this paragraph—

  • “relevant 24 hour period”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the child was detained (or, in a case falling within sub-paragraph (5), first detained) in a short-term holding facility;

  • “short-term holding facility” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;

  • “unaccompanied child” means a person—

    (a)

    who is under the age of 18, and

    (b)

    who is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.]

Textual Amendments

F83Sch. 2 para. 18B inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(4), 75(3); S.I. 2014/1820, art. 3(d)

Modifications etc. (not altering text)

C63Sch. 2 para. 18B applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(f) (as substituted (20.10.2014) by Immigration Act 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)))

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 F84. . . 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 [F85for any period (not exceeding 14 days)] after his arrival while he was detained or liable to be detained under paragraph 16 above.U.K.

(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 [F86certificate 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 [F86certificate 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

F84Words in Sch. 2 para. 19(1) repealed (2.8.1993) by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I

F85Words in Sch. 2 para. 19(1) substituted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.8; S.I. 1996/2053, art. 2, Sch. Pt.II

Modifications etc. (not altering text)

C64Sch. 2 para. 19 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 25(3)(b) (with regs. 9, 28)

C65Sch. 2 para. 19 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(g) (as substituted (20.10.2014) by Immigration Act 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)))

20(1)Subject to the provisions of this paragraph, in either of the following cases, that is to say,—U.K.

(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 F87. . . 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 [F88for any period (not exceeding 14 days)] after his arrival while he was detained or liable to be detained under paragraph 16 above.

F89[(1A)Sub-paragraph (1) above shall not apply to expenses in respect of an illegal entrant if he obtained leave to enter by deception and the leave has not been cancelled under paragraph 6(2) 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

F87Words in Sch. 2 para. 20(1) repealed (2.8.1993) by S.I. 1993/1813 art. 9(1), Sch. 6 Pt. I

F88Words in Sch. 2 para. 20(1) substituted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 9(1); S.I. 1996/2053, art. 2, Sch. Pt. II

F89Sch. 2 para. 20(1A) inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 9(2); S.I. 1996/2053, art. 2, Sch. Pt.II

Modifications etc. (not altering text)

C66Sch. 2 para. 20 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(g) (as substituted (20.10.2014) by Immigration Act 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)))

Temporary admission or release of persons liable to detentionU.K.

F9021U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F9022U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F9023U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F9024U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F9025.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[F91 Entry and search of premises]U.K.

Textual Amendments

F91Heading inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch

[F9225A(1)This paragraph applies if—U.K.

(a)a person is arrested under this Schedule; or

(b)a person who was arrested [F93other 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.

[F94(6A)If, on an application made by an immigration officer, a justice of the peace is satisfied that—

(a)there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are [F95mentioned in sub-paragraph (6AA)] , and

(b)any of the conditions in sub-paragraph (6B) is met, [F96in relation to each set of premises specified in the application, ]

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

[F97(6AA)The premises referred to in sub-paragraph (6A) above are—

(a)one or more sets of premises specified in the application, or

(b)subject to sub-paragraph (6BA), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(6AB)If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the relevant documents, and

(b)that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

(6AC)Subject to sub-paragraph (6BA), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.

(6AD)If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.]

(6B)The conditions [F98mentioned in sub-paragraph (6A)(b)] 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 relevant documents;

(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.

[F99(6BA)A justice of the peace in Scotland may not issue—

(a)an all premises warrant under this paragraph, or

(b)a warrant under this paragraph authorising multiple entries.]

(6C)In the application of [F100sub-paragraphs (6A) to (6BA)] to Scotland, references to a justice of the peace are to be treated as references to the sheriff or a justice of the peace.]

(7)An officer searching premises under [F101this paragraph] —

(a)may seize F102... any documents he finds which he has reasonable grounds for believing are relevant documents; F103...

F103(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F104(7A)Sub-paragraph (7B) applies where—

(a)an officer is searching premises under this paragraph, and

(b)any document the officer has reasonable grounds for believing is a relevant document is stored in any electronic form and is accessible from the premises.

(7B)The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(7C)If a requirement under sub-paragraph (7B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.]

(8)But [F105sub-paragraph (7)(a)] does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.

[F106(8A)An immigration officer may retain a document seized under [F107this paragraph ] while the officer has reasonable grounds for believing that—

(a)the arrested person may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

(b)retention of the document may facilitate the person's removal.]

(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

F92Sch. 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.)

F93Words in Sch. 2 para. 25A(1)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(2); S.I. 2014/1820, art. 3(y)

F94Sch. 2 paras. 25A(6A)-(6C) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(3); S.I. 2014/1820, art. 3(y)

F95Words in Sch. 2 para. 25A(6A) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(2)(a); S.I. 2016/1037, reg. 5(k)

F96Words in Sch. 2 para. 25A(6A)(b) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(2)(b); S.I. 2016/1037, reg. 5(k)

F97Sch. 2 paras. 25A(6AA)-(6AD) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(3); S.I. 2016/1037, reg. 5(k)

F98Words in Sch. 2 para. 25A(6b) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(4); S.I. 2016/1037, reg. 5(k)

F99Sch. 2 paras. 25A(6BA) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(5); S.I. 2016/1037, reg. 5(k)

F100Words in Sch. 2 para. 25A(6C) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(6); S.I. 2016/1037, reg. 5(k)

F101Words in Sch. 2 para. 25A(7) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(a); S.I. 2014/1820, art. 3(y)

F102Words in Sch. 2 para. 25A(7)(a) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(b); S.I. 2014/1820, art. 3(y)

F103Sch. 2 para. 25A(7)(b) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(c); S.I. 2014/1820, art. 3(y)

F104Sch. 2 paras. 25A(7A)-(7C) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(4)(a), 94(1); S.I. 2016/603, reg. 3(g)

F105Words in Sch. 2 para. 25A(8) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(4)(b), 94(1); S.I. 2016/603, reg. 3(g)

F107Words in Sch. 2 para. 25A(8A) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(4)(c), 94(1); S.I. 2016/603, reg. 3(g)

Modifications etc. (not altering text)

C68Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 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)))

C69Sch. 2 paras. 25A-25C applied (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 10(8); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[F108 Searching persons arrested by immigration officers]U.K.

Textual Amendments

F108Heading inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch

[F10925B(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.

[F110(8A)Sub-paragraph (8B) applies where—

(a)an officer is searching a person under this paragraph, and

(b)any document the officer has reasonable grounds for believing is a document within sub-paragraph (3)(b) is stored in any electronic form on a device or medium found on the person.

(8B)The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(8C)If a requirement under sub-paragraph (8B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.

(8D)Sub-paragraphs (8B) and (8C) do not apply to a document which the officer has reasonable grounds for believing is an item subject to legal privilege.]

(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

F109Sch. 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.)

F110Sch. 2 paras. 25B(8A)-(8D) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(5), 94(1); S.I. 2016/603, reg. 3(g)

Modifications etc. (not altering text)

C68Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 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)))

C69Sch. 2 paras. 25A-25C applied (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 10(8); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[F111 Searching persons in police custody]U.K.

Textual Amendments

F111Heading inserted (14.2.2000) by 1999 c. 33, s. 135(2); S.I. 2000/168, art. 2, Sch

[F11225C(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

F112Sch. 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.)

Modifications etc. (not altering text)

C68Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 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)))

C69Sch. 2 paras. 25A-25C applied (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 10(8); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[F113Entry of premises to search for driving licenceU.K.

Textual Amendments

F113Sch. 2 paras. 25CA-25CC and cross-headings inserted (31.7.2017 for specified purposes) by Immigration Act 2016 (c. 19), ss. 43(2), 94(1) (with s. 43(5)); S.I. 2017/799, reg. 2

25CA(1)An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person—U.K.

(a)is in possession of a driving licence, and

(b)is not lawfully resident in the United Kingdom.

(2)The authorised officer may enter and search any premises—

(a)occupied or controlled by the person, or

(b)in which the person was when the person was encountered by the officer,

for the driving licence.

(3)The power conferred by sub-paragraph (2) may be exercised—

(a)only if the authorised officer has reasonable grounds for believing that the driving licence is on the premises,

(b)only to the extent that it is reasonably required for the purpose of discovering the driving licence, and

(c)unless the authorised officer is a constable, only if a senior officer has authorised its exercise in writing.

(4)Sub-paragraph (3)(c) does not apply where it is not reasonably practicable for the authorised officer to obtain the authorisation of a senior officer before exercising the power.

(5)An authorised officer who has conducted a search in reliance on sub-paragraph (4) must inform a senior officer as soon as is practicable.

(6)The senior officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of the grounds for the search.

(7)In this paragraph and paragraphs 25CB and 25CC—

  • “authorised officer” means—

    (a)

    an immigration officer,

    (b)

    a constable, or

    (c)

    a person of a kind authorised for the purposes of this paragraph and paragraphs 25CB and 25CC by the Secretary of State;

  • “driving licence”—

    (a)

    means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part II of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), and

    (b)

    includes a licence of that kind which has been revoked;

  • “senior officer” means—

    (a)

    in relation to an authorised officer who is an immigration officer, an immigration officer not below the rank of chief immigration officer;

    (b)

    in relation to an authorised officer other than an immigration officer, a person of a kind designated by the Secretary of State for the purposes of this paragraph in relation to an authorised officer of that kind.

(8)For the purposes of this paragraph and paragraphs 25CB and 25CC a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

Searching persons for driving licencesU.K.

25CB(1)An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person—U.K.

(a)is in possession of a driving licence, and

(b)is not lawfully resident in the United Kingdom.

(2)The authorised officer may search the person for the driving licence.

(3)The power conferred by sub-paragraph (2) may be exercised—

(a)only if the authorised officer has reasonable grounds for believing that the driving licence may be concealed on the person, and

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

(4)An intimate search may not be carried out under sub-paragraph (2).

(5)In sub-paragraph (4) “intimate search” has the same meaning as in section 28H(11).

Seizure and retention of driving licenceU.K.

25CC(1)If an authorised officer who is exercising a power to search a person or premises finds a driving licence to which this sub-paragraph applies in the course of the search, the officer may seize and retain the licence.U.K.

(2)Sub-paragraph (1) applies to a driving licence if—

(a)the authorised officer finds the licence in the possession of a person who the authorised officer has reasonable grounds for believing is not lawfully resident in the United Kingdom, or

(b)the authorised officer has reasonable grounds for believing that the holder of the licence is not lawfully resident in the United Kingdom.

(3)A driving licence seized under sub-paragraph (1) must, as soon as practicable, be given to—

(a)the Secretary of State, in the case of a licence granted by the Secretary of State, or

(b)the Department for Infrastructure for Northern Ireland, in the case of a licence granted by the Department.

(4)A person who is in possession of a driving licence by virtue of sub-paragraph (3) must retain it if—

(a)it has not been revoked,

(b)it has been revoked but the time limit for an appeal against revocation of the licence has not expired, or

(c)it has been revoked, such an appeal has been brought but the appeal has not been determined.

(5)A driving licence which is required to be retained under sub-paragraph (4) must be retained—

(a)until a decision is taken not to revoke it, or

(b)if it has been or is subsequently revoked—

(i)until the time limit for an appeal against revocation of the licence expires without an appeal being brought, or

(ii)until such an appeal is determined.

(6)A driving licence which is in the possession of a person by virtue of sub-paragraph (3) but which is not required to be retained under sub-paragraphs (4) and (5) must be returned to the holder if—

(a)a decision is taken not to revoke the licence, or

(b)an appeal against revocation of the licence is determined in favour of the holder.

(7)Otherwise the driving licence may be dealt with in such manner as that person thinks fit.

(8)Neither the Secretary of State nor the Department for Infrastructure for Northern Ireland is obliged to re-issue a licence which has been seized and retained under this paragraph.

(9)References in this paragraph to an appeal against the revocation of a licence are to—

(a)an appeal under section 100 of the Road Traffic Act 1988, in the case of a licence granted by the Secretary of State, or

(b)an appeal under Article 16 of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), in the case of a licence granted by the Department for Infrastructure for Northern Ireland.

(10)References in this paragraph to the holder of a driving licence, in relation to a licence that has been revoked, include the person who was the holder of the licence before it was revoked.]

[F114 Access and copying]U.K.

Textual Amendments

F114Heading inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch

[F11525D(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 [F116other than a driving licence seized under paragraph 25CC].]

Textual Amendments

F115Sch. 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.)

F116Words in Sch. 2 para. 25D(8) inserted (31.7.2017 for specified purposes) by Immigration Act 2016 (c. 19), ss. 43(3), 94(1); S.I. 2017/799, reg. 2

Modifications etc. (not altering text)

C68Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 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)))

[F11725EU.K.Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.]

Textual Amendments

F117Sch. 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.)

Modifications etc. (not altering text)

C68Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 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)))

Supplementary duties of those connected with ships or aircraft or with portsU.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 F118. . . , or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be [F119British citizens].U.K.

[F120(1A)Sub-paragraph (1) does not apply in such circumstances, if any, as the Secretary of State may by order prescribe.]

(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.

[F121(3A)The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament.]

Textual Amendments

F118Words in Sch. 2 para. 26(1) repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 64(1)(2), Sch. 16; 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.)

F120Sch. 2 para. 26(1A) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 64(1)(3); 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.)

F121Sch. 2 para. 26(3A) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 64(1)(4); 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)

C70Sch. 2 para. 26(1) amended (17.2.2003 for certain purposes and 1.4.2003 otherwise) by 1999 c. 33, s. 25(4)(a); S.I. 2003/2, art. 2, Sch.

27(1)The captain of a ship or aircraft arriving in the United Kingdom—U.K.

(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.

[F122(1A)Sub-paragraph (1) also applies to the captain of a ship or aircraft arriving in United Kingdom waters if—

(a)there are offshore workers on board, or

(b)an immigration officer has informed the captain that they wish to examine any person on board in the exercise of the power under paragraph 2.

(1B)In sub-paragraph (1A), “offshore worker” and “United Kingdom waters” have the same meaning as in section 11A.]

[F123(2)The Secretary of State may by order require, or enable an immigration officer to require, a responsible person in respect of a ship or aircraft to supply—

(a)a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the ship or aircraft;

(b)particulars of members of the crew of the ship or aircraft.

(3)An order under sub-paragraph (2) may relate—

(a)to all ships or aircraft arriving or expected to arrive in the United Kingdom;

(b)to all ships or aircraft leaving or expected to leave the United Kingdom;

(c)to ships or aircraft arriving or expected to arrive in the United Kingdom from or by way of a specified country;

(d)to ships or aircraft leaving or expected to leave the United Kingdom to travel to or by way of a specified country;

(e)to specified ships or specified aircraft.

(4)For the purposes of sub-paragraph (2) the following are responsible persons in respect of a ship or aircraft—

(a)the owner or agent, and

(b)the captain.

(5)An order under sub-paragraph (2)—

(a)may specify the time at which or period during which information is to be provided,

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

[F124(ba)may require a responsible person to be able to receive, in a specified form and manner, communications sent by the Secretary of State or an immigration officer relating to the information,]

(c)shall be made by statutory instrument, and

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

Textual Amendments

F123Sch. 2 para. 27(2)-(5) substituted (5.11.2007 for certain purposes and 1.3.2008 otherwise) for Sch. 2 para. 27(2) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 31(2), 62; S.I. 2007/3138, arts. 2(d), 3(b) (as amended by S.I. 2007/3580, art. 2)

F124Sch. 2 para. 27(5)(ba) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(2)

[F125 Supplementary duties of the Concessionaires]U.K.

Textual Amendments

F125Sch. 2 para. 27A inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 13

F12627AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126Sch. 2 para. 27A repealed (2.8.1993) by S.I. 1993/1813, art. 9, 1, Sch. 6 Pt.I

[F127 Passenger information]U.K.

Textual Amendments

F127Heading inserted (3.4.2000) by 1999 c. 33, s. 18; S.I. 2000/464, art. 2, Sch.

[F12827B(1)This paragraph applies to ships or aircraft—U.K.

(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.

[F129(1A)This paragraph also applies to ships or aircraft—

(a)which have offshore workers on board, and

(b)which—

(i)have arrived, or are expected to arrive, in United Kingdom waters, or

(ii)have left, or are expected to leave, United Kingdom waters.]

(2)If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information [F130or service information], the carrier must provide that information to the officer.

(3)The officer may ask for passenger information [F130or service 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 [F130or service information] in relation to the ship or aircraft concerned; or

(b)particular passenger information [F130or service 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.

[F131(8A)The officer may require a carrier to be able to receive communications from the officer in such form and manner as the Secretary of State may direct.]

(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.

[F132(9A)“Service information” means such information relating to the voyage or flight undertaken by the ship or aircraft as may be specified.]

[F133(9B)“Offshore worker” and “United Kingdom waters” have the same meaning in this paragraph as in section 11A.]

(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

F128Sch. 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.)

F130Words in Sch. 2 para. 27B inserted (5.11.2007 for certain purposes and 1.3.2008 otherwise) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 31(3)(a), 62; S.I. 2007/3138, arts. 2(d), 3(b) (as amended by S.I. 2007/3580, art. 2)

F132Sch. 2 para. 27B(9A) inserted (5.11.2007 for certain purposes and 1.3.2008 otherwise) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 31(3)(b), 62; S.I. 2007/3138, arts. 2(d), 3(b) (as amended by S.I. 2007/3580, art. 2)

[F13427BA(1)The Secretary of State may make regulations requiring responsible persons in respect of ships or aircraft—U.K.

(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,

to supply information to the Secretary of State or an immigration officer.

[F135(1A)The Secretary of State may also make regulations requiring responsible persons in respect of ships or aircraft—

(a)which have offshore workers on board, and

(b)which—

(i)have arrived, or are expected to arrive, in United Kingdom waters, or

(ii)have left, or are expected to leave, United Kingdom waters,

to supply information to the Secretary of State or an immigration officer.]

(2)The following information may be required under sub-paragraph (1) [F136or (1A)] —

(a)information about the persons on board;

(b)information about the voyage or flight.

(3)The regulations must—

(a)specify or describe the classes of ships or aircraft to which they apply;

(b)specify the information required to be supplied;

(c)specify the time by which the information must be supplied;

(d)specify the form and manner in which the information must be supplied.

(4)The regulations may require responsible persons to be able to receive, in a specified form and manner, communications sent by the Secretary of State or an immigration officer relating to the information.

(5)For the purposes of this paragraph, the following are responsible persons in respect of a ship or aircraft—

(a)the owner or agent, and

(b)the captain.

[F137(5A)For the purposes of this paragraph, “offshore workers” and “United Kingdom waters” have the same meaning as in section 11A.]

(6)Regulations under this paragraph may make different provision for different purposes, and in particular may make different provision for different types of carrier, journey or person on board.

(7)The power to make regulations under this paragraph is exercisable by statutory instrument; but no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

Textual Amendments

F134Sch. 2 paras. 27BA, 27BB inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(4)

27BB(1)The Secretary of State may make regulations imposing penalties for failure to comply with—U.K.

(a)an order under paragraph 27(2) (order requiring passenger list or particulars of member of crew),

(b)any request or requirement under paragraph 27B (passenger and service information), or

(c)regulations under paragraph 27BA (passenger, crew and service information).

(2)Regulations under sub-paragraph (1) may in particular make provision—

(a)about how a penalty is to be calculated;

(b)about the procedure for imposing a penalty;

(c)about the enforcement of penalties;

(d)allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different purposes.

(3)Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.

(4)The regulations must provide that no penalty may be imposed on a person for failure to comply with an order under paragraph 27(2), a request or requirement under paragraph 27B or regulations under paragraph 27BA where—

(a)proceedings have been instituted against the person under section 27 in respect of the same failure; or

(b)the failure consists of a failure to provide information that the person has also been required to provide under section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 and—

(i)a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 32B of that Act, or

(ii)proceedings have been instituted against the person under section 34 of that Act in respect of a failure to provide that information; or

(c)the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 24 of that Act.

(5)Any penalty paid by virtue of this paragraph must be paid into the Consolidated Fund.

(6)The power to make regulations under this paragraph is exercisable by statutory instrument; but no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.]

Textual Amendments

F134Sch. 2 paras. 27BA, 27BB inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(4)

[F138 Notification of non-EEA arrivals]U.K.

Textual Amendments

F138Heading inserted (3.4.2000) by 1999 c. 33, s. 19; S.I. 2000/464, art. 2, Sch.

F13927CU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139Sch. 2 para. 27C omitted (12.2.2015) by virtue of Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(5)

Part IIU.K. Effect of Appeals

Modifications etc. (not altering text)

C71Sch. 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 removalU.K.

F14028U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F140Sch. 2 para. 28 repealed (2.10.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 65, Sch. 16; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Modifications etc. (not altering text)

Grant of bail pending appealU.K.

F14129U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Restrictions on grant of bailU.K.

F14130U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Forfeiture of recognizancesU.K.

F14131U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F14132U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Arrest of appellants released on bailU.K.

F14133U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F14133AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F142[Grant of bail pending removal]U.K.

Textual Amendments

F142Sch. 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

F14134U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

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