Immigration Act 1971

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

(1) A person shall be guilty of an offence punishable on summary conviction with a fine of not more than [F1 [F2 level 5] on the standard scale] or with imprisonment for not more than six months, or with both, in any of the following cases—

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

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

(c) if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of [F3 a relevant enactment] a return, statement or representation which he knows to be false or does not believe to be true;

(d) if, without lawful authority, he alters any [F4 certificate of entitlement], entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, [F4 certificate of entitlement], entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;

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

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

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

[F5 (h) if, without reasonable excuse, the person fails to comply with a direction under paragraph 1(6) of Schedule 2 (direction to move a container for purposes of a search).]

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

[F6 (3) “Relevant enactment” means—

(a) this Act;

(b) the M1 Immigration Act 1988;

(c) the M2 Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5);F7 . . .

(d) the Immigration and Asylum Act 1999 (apart from Part VI) [F8 ; or

(e) the Nationality, Immigration and Asylum Act 2002 (apart from Part 5).]]

Textual Amendments

F1 Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

F2 Words in s. 26(1) substituted (1.10.1996) by 1996 c. 49, s. 6; S.I. 1996/2053, art. 2, Sch. Pt. III

F3 Words in s. 26(1)(c) substituted (14.2.2000) by 1999 c. 33, s. 30(1)(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F4 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1) (with Sch. 8 para. 8)

F5 S. 26(1)(h) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 44(4), 87(5)(f)

F6 S. 26(3) inserted (14.2.2000) by 1999 c. 33, s. 30(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.)

F7 Word after s. 26(3)(c) repealed (10.2.2003) by 2002 c. 41, ss. 151(a), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F8 S. 26(3)(e) and preceding word inserted (10.2.2003) by 2002 c. 41, s. 151(b) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C1 Pt. 3 modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))

C2 Ss. 24-29: 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)

C3 S. 26(1)(d) modified (11.11.2000) by 1999 c. 33, ss. 31(1)(2)(3)(c)(4)(d), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

C4 S. 26(1)(f) amended (S.) by Criminal Justice (Scotland) Act 1980 (c. 62), s. 26, Sch. 1

Marginal Citations

M1 1988 c. 14.

M2 1993 c. 23.