Immigration Act 1971
An Act to amend and replace the present immigration laws, to make certain related changes in the citizenship law and enable help to be given to those wishing to return abroad, and for purposes connected therewith.
Part I Regulation of Entry into and Stay in United Kingdom
1 General principles.
(1)
All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.
(2)
Those not having that right may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act; and indefinite leave to enter or remain in the United Kingdom shall, by virtue of this provision, be treated as having been given under this Act to those in the United Kingdom at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).
(3)
Arrival in and departure from the United Kingdom on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the United Kingdom on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the United Kingdom and those places, or such of them as are not so excluded, are collectively referred to as “the common travel area”.
(4)
The rules laid down by the Secretary of State as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the United Kingdom.
(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F22 Statement of right of abode in United Kingdom.
(1)
A person is under this Act to have the right of abode in the United Kingdom if—
(a)
he is a British citizen; or
(b)
he is a Commonwealth citizen who—
(i)
immediately before the commencement of the M1British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
(ii)
has not ceased to be a Commonwealth citizen in the meanwhile.
(2)
In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and F3section 5(2), shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen” shall be construed accordingly.
F42ADeprivation of right of abode
(1)
The Secretary of State may by order remove from a specified person a right of abode in the United Kingdom which he has under section 2(1)(b).
(2)
The Secretary of State may make an order under subsection (1) in respect of a person only if the Secretary of State thinks that it would be conducive to the public good for the person to be excluded or removed from the United Kingdom.
(3)
An order under subsection (1) may be revoked by order of the Secretary of State.
(4)
While an order under subsection (1) has effect in relation to a person—
(a)
section 2(2) shall not apply to him, and
(b)
any certificate of entitlement granted to him shall have no effect.
3 General provisions for regulation and control.
(1)
Except as otherwise provided by or under this Act, where a person is not F5a British citizen—
(a)
he shall not enter the United Kingdom unless given leave to do so in accordance with F6the provisions of, or made under, this Act;
(b)
he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;
F7(c)
if he is given limited leave to enter or remain in the United Kingdom, it may be given subject to all or any of the following conditions, namely—
(i)
a condition restricting his employment or occupation in the United Kingdom;
(ii)
a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; and
(iii)
a condition requiring him to register with the police.
(2)
The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).
If a statement laid before either House of Parliament under this subsection is disapproved by a resolution of that House passed within the period of forty days beginning with the date of laying (and exclusive of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), then the Secretary of State shall as soon as may be make such changes or further changes in the rules as appear to him to be required in the circumstances, so that the statement of those changes be laid before Parliament at latest by the end of the period of forty days beginning with the date of the resolution (but exclusive as aforesaid).
(3)
In the case of a limited leave to enter or remain in the United Kingdom,—
(a)
a person’s leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and
(b)
the limitation on and any conditions attached to a person’s leave F8(whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave.
(4)
A person’s leave to enter or remain in the United Kingdom shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the United Kingdom in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.
F9(5)
A person who is not a British citizen is liable to deportation from the United Kingdom if—
(a)
the Secretary of State deems his deportation to be conducive to the public good; or
(b)
another person to whose family he belongs is or has been ordered to be deported.
(6)
Without prejudice to the operation of subsection (5) above, a person who is not F5a British citizen shall also be liable to deportation from the United Kingdom if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.
(7)
Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on F10British citizens, British Dependent Territories citizens or British Overseas citizens when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not F5British citizens from embarking in the United Kingdom, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the United Kingdom; and Her Majesty may also make provision by Order in Council to enable those who are not F5British citizens to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition.
Any Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8)
When any question arises under this Act whether or not a person is F5a British citizen, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.
F11(9)
A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of either—
(a)
a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
(b)
a certificate of entitlement F12. . . .
F133A Further provision as to leave to enter.
(1)
The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom.
(2)
An order under subsection (1) may, in particular, provide for—
(a)
leave to be given or refused before the person concerned arrives in the United Kingdom;
(b)
the form or manner in which leave may be given, refused or varied;
(c)
the imposition of conditions;
(d)
a person’s leave to enter not to lapse on his leaving the common travel area.
(3)
The Secretary of State may by order provide that, in such circumstances as may be prescribed—
(a)
an entry visa, or
(b)
such other form of entry clearance as may be prescribed,
is to have effect as leave to enter the United Kingdom.
(4)
An order under subsection (3) may, in particular—
(a)
provide for a clearance to have effect as leave to enter—
(i)
on a prescribed number of occasions during the period for which the clearance has effect;
(ii)
on an unlimited number of occasions during that period;
(iii)
subject to prescribed conditions; and
(b)
provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect.
(5)
Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed.
(6)
In subsections (3), (4) and (5) “prescribed” means prescribed in an order made under subsection (3).
(7)
The Secretary of State may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the United Kingdom.
(8)
An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Secretary of State of functions which he has as a result of the order, as if references to an immigration officer included references to the Secretary of State.
(9)
Subsection (8) is not to be read as affecting any power conferred by subsection (10).
(10)
An order under this section may—
(a)
contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and
(b)
make different provision for different cases.
(11)
This Act and any provision made under it has effect subject to any order made under this section.
(12)
An order under this section must be made by statutory instrument.
(13)
But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
F143B Further provision as to leave to remain.
(1)
The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to remain in the United Kingdom.
(2)
An order under subsection (1) may, in particular, provide for—
(a)
the form or manner in which leave may be given, refused or varied;
(b)
the imposition of conditions;
(c)
a person’s leave to remain in the United Kingdom not to lapse on his leaving the common travel area.
(3)
An order under this section may—
(a)
contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and
(b)
make different provision for different cases.
(4)
This Act and any provision made under it has effect subject to any order made under this section.
(5)
An order under this section must be made by statutory instrument.
(6)
But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
F153C Continuation of leave pending variation decision
(1)
This section applies if—
(a)
a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b)
the application for variation is made before the leave expires, and
(c)
the leave expires without the application for variation having been decided.
(2)
The leave is extended by virtue of this section during any period when—
(a)
the application for variation is neither decided nor withdrawn,
(b)
an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or
(c)
an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).
(3)
Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.
(4)
A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.
(5)
But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).
(6)
In this section a reference to an application being decided is a reference to notice of the decision being given in accordance with regulations under section 105 of that Act (notice of immigration decision).
F163DContinuation of leave following revocation
(1)
This section applies if a person's leave to enter or remain in the United Kingdom—
(a)
is varied with the result that he has no leave to enter or remain in the United Kingdom, or
(b)
is revoked.
(2)
The person's leave is extended by virtue of this section during any period when—
(a)
an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 could be brought, while the person is in the United Kingdom, against the variation or revocation (ignoring any possibility of an appeal out of time with permission), or
(b)
an appeal under that section against the variation or revocation, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act).
(3)
A person's leave as extended by virtue of this section shall lapse if he leaves the United Kingdom.
(4)
A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.
4 Administration of control.
(1)
The power under this Act to give or refuse leave to enter the United Kingdom shall be exercised by immigration officers, and the power to give leave to remain in the United Kingdom, or to vary any leave under section 3(3)(a) (whether as regards duration or conditions), shall be exercised by the Secretary of State; and, unless otherwise F17allowed by or under this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order made by statutory instrument.
(2)
The provisions of Schedule 2 to this Act shall have effect with respect to—
(a)
the appointment and powers of immigration officers and medical inspectors for purposes of this Act;
(b)
the examination of persons arriving in or leaving the United Kingdom by ship or aircraft F18. . ., and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and
(c)
the exercise by immigration officers of their powers in relation to entry into the United Kingdom, and the removal from the United Kingdom of persons refused leave to enter or entering or remaining unlawfully; and
(d)
the detention of persons pending examination or pending removal from the United Kingdom;
and for other purposes supplementary to the foregoing provisions of this Act.
(3)
The Secretary of State may by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make provision as to the effect of a condition under this Act requiring a person to register with the police; and the regulations may include provision—
(a)
as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers;
(b)
as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;
(c)
as to the issue of certificates of registration and as to the payment of fees for certificates of registration;
and the regulations may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the regulations.
(4)
The Secretary of State may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether F19British citizens or not) who stay at any such premises to supply the necessary information.
5 Procedure for, and further provisions as to, deportation.
(1)
Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Secretary of State may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the United Kingdom; and a deportation order against a person shall invalidate any leave to enter or remain in the United Kingdom given him before the order is made or while it is in force.
(2)
A deportation order against a person may at any time be revoked by a further order of the Secretary of State, and shall cease to have effect if he becomes F20a British citizen.
(3)
A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the United Kingdom after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.
(4)
For purposes of deportation the following shall be those who are regarded as belonging to another person’s family—
(a)
where that other person is a man, his wife F21or civil partner, and his or her children under the age of eighteen; and
F22(b)
where that other person is a woman, her husband F23or civil partner, and her or his children under the age of eighteen;
and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and “wife” includes each of two or more wives.
(5)
The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the United Kingdom of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.
(6)
Where a person is liable to deportation under section F243(5) or (6) above but, without a deportation order being made against him, leaves the United Kingdom to live permanently abroad, the Secretary of State may make payments of such amounts as he may determine to meet that person’s expenses in so leaving the United Kingdom, including travelling expenses for members of his family or household.
6 Recommendations by court for deportation.
(1)
Where under section 3(6) above a person convicted of an offence is liable to deportation on the recommendation of a court, he may be recommended for deportation by any court having power to sentence him for the offence unless the court commits him to be sentenced or further dealt with for that offence by another court:
Provided that in Scotland the power to recommend a person for deportation shall be exercisable only by the sheriff or the High Court of Justiciary, and shall not be exercisable by the latter on an appeal unless the appeal is against a conviction on indictment or against a sentence upon such a conviction.
(2)
A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is F25a British citizen, describing the persons who are F25British citizens and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of adjournment conferred by F26section 10(3) of the M2Magistrates’ Courts Act 1980, F27section 179 or 380 of the M3Criminal Procedure (Scotland) Act 1975 or any corresponding enactment for the time being in force in Northern Ireland shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.
(3)
For purposes of section 3(6) above—
(a)
a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation; and
(b)
and for purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwithstanding any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly.
(4)
Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life.
(5)
Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or against the conviction on which it is made; but—
F30(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal or, in Scotland, until the expiration of twenty-eight days from the date of the recommendation.
(7)
For the purpose of giving effect to any of the provisions of this section in its application to Scotland, the High Court of Justiciary shall have power to make rules by act of adjournal.
7 Exemption from deportation for certain existing residents.
(1)
Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the United Kingdom—
(a)
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(b)
shall not be liable to deportation under section 3(5) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;
(c)
shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.
(2)
A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.
(3)
The “last five years” before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.
(4)
For purposes of subsection (3) above—
(a)
“sentence” includes any order made on conviction of an offence; and
(b)
two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and
(c)
a person shall be deemed to be detained by virtue of a sentence—
(i)
at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and
(ii)
(unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.
In paragraph (c)(ii) above “relevant enactment” means F33section 240 of the Criminal Justice Act 2003 (or, before that section operated, section 17(2) of the M4Criminal Justice Administration Act 1962) and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands.
(5)
Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.
8 Exceptions for seamen, aircrews and other special cases.
(1)
Where a person arrives at a place in the United Kingdom as a member of the crew of a ship or aircraft under an engagement requiring him to leave on that ship as a member of the crew, or to leave within seven days on that or another aircraft as a member of its crew, then unless either—
(a)
there is in force a deportation order made against him; or
(b)
he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom; or
(c)
an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;
he may without leave enter the United Kingdom at that place and remain until the departure of the ship or aircraft on which he is required by his engagement to leave.
(2)
The Secretary of State may by order exempt any person or class of persons, either unconditionally or subject to such conditions as may be imposed by or under the order, from all or any of the provisions of this Act relating to those who are not F34British citizens.
An order under this subsection, if made with respect to a class of persons, shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)
F35Subject to subsection (3A) below, the provisions of this Act relating to those who are not F34British citizens shall not apply to any person so long as he is a member of a mission (within the meaning of the M5Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent.
F36(3A)
For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless—
(a)
he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and
(b)
he has not ceased to be such a member after having taken up the post.
(4)
The provisions of this Act relating to those who are not F34British citizens, other than the provisions relating to deportation, shall also not apply to any person so long as either—
(a)
he is subject, as a member of the home forces, to service law; or
(b)
being a member of a Commonwealth force or of a force raised under the law of any F37. . . colony, protectorate or protected state, is undergoing or about to undergo training in the United Kingdom with any body, contingent or detachment of the home forces; or
(c)
he is serving or posted for service in the United Kingdom as a member of a visiting force or of any force raised as aforesaid or as a member of an international headquarters or defence organisation designated for the time being by an Order in Council under section 1 of the M6International Headquarters and Defence Organisations Act 1964.
(5)
Where a person having a limited leave to enter or remain in the United Kingdom becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been F38settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.
F39(5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the M7British Nationality Act 1981.
(6)
In this section “the home forces” means any of Her Majesty’s forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; “Commonwealth force” means a force of any country to which provisions of the M8Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and “visiting force” means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom.
F408A Persons ceasing to be exempt.
(1)
A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).
(2)
If a person who is exempt—
(a)
ceases to be exempt, and
(b)
requires leave to enter or remain in the United Kingdom as a result,
he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.
(3)
If—
(a)
a person who is exempt ceases to be exempt, and
(b)
there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),
his leave is to be treated as expiring at the end of that period.
F418B Persons excluded from the United Kingdom under international obligations.
(1)
An excluded person must be refused—
(a)
leave to enter the United Kingdom;
(b)
leave to remain in the United Kingdom.
(2)
A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.
(3)
A persons’s exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.
(4)
“Excluded person” means a person—
(a)
named by or under, or
(b)
of a description specified in,
a designated instrument.
(5)
The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it—
(a)
requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or
(b)
recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).
(6)
Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.
(7)
An order under this section must be made by statutory instrument.
(8)
Such a statutory instrument shall be laid before Parliament without delay.
9 Further provisions as to common travel area.
(1)
Subject to subsection (5) below, the provisions of Schedule 4 to this Act shall have effect for the purpose of taking account in the United Kingdom of the operation in any of the Islands of the immigration laws there.
(2)
Persons who lawfully enter the United Kingdom on a local journey from a place in the common travel area after having either—
(a)
entered any of the Islands or the Republic of Ireland on coming from a place outside the common travel area; or
(b)
left the United Kingdom while having a limited leave to enter or remain which has since expired;
if they are not F42British citizens (and are not to be regarded under Schedule 4 to this Act as having leave to enter the United Kingdom), shall be subject in the United Kingdom to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register with the police or both, as may be imposed by an order of the Secretary of State and may be applicable to them.
(3)
Any provision of this Act applying to a limited leave or to conditions attached to a limited leave shall, unless otherwise provided, have effect in relation to a person subject to any restriction or condition by virtue of an order under subsection (2) above as if the provisions of the order applicable to him were terms on which he had been given leave under this Act to enter the United Kingdom.
(4)
Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not F42a British citizen may not by virtue of section 1(3) enter the United Kingdom without leave on a local journey from a place in the common travel area if either—
(a)
he is on arrival in the United Kingdom given written notice by an immigration officer stating that, the Secretary of State having issued directions for him not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good as being in the interests of national security, he is accordingly refused leave to enter the United Kingdom; or
(b)
he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom.
(5)
If it appears to the Secretary of State necessary so to do by reason of differences between the immigration laws of the United Kingdom and any of the Islands, he may by order exclude that island from section 1(3) above for such purposes as may be specified in the order, and references in this Act to the Islands . . . F43 shall apply to an island so excluded so far only as may be provided by order of the Secretary of State.
(6)
The Secretary of State shall also have power by order to exclude the Republic of Ireland from section 1(3) for such purposes as may be specified in the order.
(7)
An order of the Secretary of State under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
10 Entry otherwise than by sea or air.
(1)
Her Majesty may by Order in Council direct that any of the provisions of this Act shall have effect in relation to persons entering or seeking to enter the United Kingdom on arrival otherwise than by ship or aircraft F44. . . as they have effect in the case of a person arriving by ship or aircraft F44. . .; and any such Order may make such adaptations or modifications of those provisions, and such provisions supplementary thereto, as appear to Her Majesty to be necessary or expedient for the purposes of the Order.
(2)
The provision made by an Order in Council under this section may include provision for excluding the Republic of Ireland from section 1(3) of this Act either generally or for any specified purposes.
(3)
No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.
11Construction of references to entry, and other phrases relating to travel.
(1)
A person arriving in the United Kingdom by ship or aircraft shall for purposes of this Act be deemed not to enter the United Kingdom unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the United Kingdom so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act F45or section 62 of the Nationality, Immigration and Asylum Act 2002F46or by section 68 of the Nationality, Immigration and Asylum Act 2002.
F47(1A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
In this Act “disembark” means disembark from a ship or aircraft, and “embark” means embark in a ship or aircraft; and, except in subsection (1) above,—
(a)
references to disembarking in the United Kingdom do not apply to disembarking after a local journey from a place in the United Kingdom or elsewhere in the common travel area; and
(b)
references to embarking in the United Kingdom do not apply to embarking for a local journey to a place in the United Kingdom or elsewhere in the common travel area.
(3)
Except in so far as the context otherwise requires, references in this Act to arriving in the United Kingdom by ship shall extend to arrival by any floating structure, and “disembark” shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.
(4)
For purposes of this Act “common travel area” has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which—
(a)
in the case of a journey to a place in the United Kingdom, began its voyage from, or has during its voyage called at, a place not in the common travel area; or
(b)
in the case of a journey from a place in the United Kingdom, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.
(5)
A person who enters the United Kingdom lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the United Kingdom.
F48Part II Appeals
The appellate authorities
12 Immigration Appeal Tribunal and adjudicators.
F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals to adjudicator or Tribunal in first instance
13 Appeals against exclusion from United Kingdom.
(1)
Subject to the provisions of this Part of this Act, a person who is refused leave to enter the United Kingdom under this Act may appeal to an adjudicator against the decision that he requires leave or against the refusal.
(2)
Subject to the provisions of this Part of this Act, a person who, on an application duly made, is refused a F50certificate of entitlement or an entry clearance may appeal to an adjudicator against the refusal.
F51(3)
A person shall not be entitled to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom unless he holds such a passport or certificate as is mentioned in section 3(9) above;
and a person shall not be entitled to appeal against a refusal of leave to enter so long as he is in the United Kingdom, unless he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit.
F52(3A)
A person who seeks to enter the United Kingdom—
(a)
as a visitor, or
(b)
in order to follow a course of study of not more than six months duration for which he has been accepted, or
(c)
with the intention of studying but without having been accepted for any course of study, or
(d)
as a dependant of a person within paragraph (a), (b) or (c) above,
shall not be entitled to appeal against a refusal of an entry clearance and shall not be entitled to appeal against a refusal of leave to enter unless he held a current entry clearance at the time of the refusal.
(3AA)
The Secretary of State shall appoint a person, not being an officer of his, to monitor, in such manner as the Secretary of State may determine, refusals of entry clearance in cases where there is, by virtue of subsection (3A) above, no right of appeal; and the person so appointed shall make an annual report on the discharge of his functions to the Secretary of State who shall lay a copy of it before each House of Parliament.
(3AB)
The Secretary of State may pay to a person appointed under subsection (3AA) above such fees and allowances as he may with the approval of the Treasury determine.
F53(3B)
A person shall not be entitled to appeal against a refusal of an entry clearance if the refusal is on the ground that—
(a)
he or any person whose dependant he is does not hold a relevant document which is required by the immigration rules; or
(b)
he or any person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
(c)
he or any person whose dependant he is seeks entry for a period exceeding that permitted by the immigration rules;
and a person shall not be entitled to appeal against a refusal of leave to enter if the refusal is on any of those grounds.
(3C)
For the purposes of subsection (3B)(a) above, the following are “relevant documents”—
(a)
entry clearances;
(b)
passports or other identity documents; and
(c)
work permits.
(4)
An appeal against a refusal of leave to enter shall be dismissed by the adjudicator if he is satisfied that the appellant was at the time of the refusal an illegal entrant, and an appeal against a refusal of an entry clearance shall be dismissed by the adjudicator if he is satisfied that a deportation order was at the time of the refusal in force in respect of the appellant.
(5)
A person shall not be entitled to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good, or if the leave to enter or entry clearance was refused in obedience to any such directions.
14Appeals against conditions.
(1)
Subject to the provisions of this Part of this Act, a person who has a limited leave under this Act to enter or remain in the United Kingdom may appeal to an adjudicator against any variation of the leave (whether as regards duration or conditions), or against any refusal to vary it; and a variation shall not take effect so long as an appeal is pending under this subsection against the variation, nor shall an appellant be required to leave the United Kingdom by reason of the expiration of his leave so long as his appeal is pending under this subsection against a refusal to enlarge or remove the limit on the duration of the leave.
(2)
Subject to the provisions of this Part of this Act, a person who, on ceasing to be entitled to an exemption under any provision of section 8 above other than section 8(1), or on ceasing while in the United Kingdom to be F54a British citizen, is given a limited leave to remain may appeal to an adjudicator against any provision limiting the duration of the leave or attaching a condition to it; and so long as an appeal is pending under this subsection against any provision, effect shall not be given to that provision.
F55(2ZA)
A person shall not be entitled to appeal under subsection (1) above against—
(a)
a variation of his leave which adds such a condition as is mentioned in section 3(1)(c)(ii) above; or
(b)
a refusal to vary his leave by revoking such a condition.
F56(2A)
A person shall not be entitled to appeal under subsection (1) above against any refusal to vary his leave if the refusal is on the ground that—
(a)
a relevant document which is required by the immigration rules has not been issued; or
(b)
the person or a person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
(c)
the variation would result in the duration of the person’s leave exceeding what is permitted by the immigration rules; or
(d)
any fee required by or under any enactment has not been paid.
(2B)
For the purposes of subsection (2A)(a) above, the following are relevant documents—
(a)
entry clearances;
(b)
passports or other identity documents; and
F57(c)
work permits, or equivalent documents issued after entry.
(3)
A person shall not be entitled to appeal under subsection (1) above against any variation of his leave which reduces its duration, or against any refusal to enlarge or remove the limit on its duration, if the Secretary of State certifies that the appellant’s departure from the United Kingdom would be conducive to the public good, as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature, or the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority).
(4)
A person shall not be entitled to appeal under subsection (1) above against any variation made by statutory instrument, or against any refusal of the Secretary of State to make a statutory instrument.
F58(5)
Where a deportation order is made against a person any pending appeal by that person under subsection (1) above shall lapse.
15 Appeals in respect of deportation orders.
(1)
Subject to the provisions of this Part of this Act, a person may appeal to an adjudicator against—
(a)
a decision of the Secretary of State to make a deportation order against him by virtue of section 3(5) above; or
(b)
a refusal by the Secretary of State to revoke a deportation order made against him.
(2)
A deportation order shall not be made against a person by virtue of section 3(5) above so long as an appeal may be brought against the decision to make it nor, if such an appeal is duly brought, so long as the appeal is pending; but, in calculating the period of eight weeks limited by section 5(3) above for making a deportation order against a person as belonging to the family of another person, there shall be disregarded any period during which there is pending an appeal against the decision to make it.
(3)
A person shall not be entitled to appeal against a decision to make a deportation order against him if the ground of the decision was that his deportation is conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature.
(4)
A person shall not be entitled to appeal under this section against a refusal to revoke a deportation order, if the Secretary of State certifies that the appellant’s exclusion from the United Kingdom is conducive to the public good or if revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority).
(5)
A person shall not be entitled to appeal under this section against a refusal to revoke a deportation order so long as he is in the United Kingdom, whether because he has not complied with the requirement to leave or because he has contravened the prohibition on entering.
(6)
On an appeal against a decision to make a deportation order against a person as belonging to the family of another person, or an appeal against a refusal to revoke a deportation order so made, the appellant shall not be allowed, for the purpose of showing that he does not or did not belong to another person’s family, to dispute any statement made with a view to obtaining leave for the appellant to enter or remain in the United Kingdom (including any statement made to obtain an entry clearance) unless the appellant shows that the statement was not so made by him or by any person acting with his authority and that, when he took the benefit of the leave, he did not know any such statement had been made to obtain it or, if he did know, was under the age of eighteen.
(7)
An appeal under this section shall be to the Appeal Tribunal in the first instance, instead of to an adjudicator, if—
(a)
it is an appeal against a decision to make a deportation order and the ground of the decision was that the deportation of the appellant is conducive to the public good; or
(b)
it is an appeal against a decision to make a deportation order against a person as belonging to the family of another person, or an appeal against a refusal to revoke a deportation order so made; or
(c)
there is pending a related appeal to which paragraph (b) above applies.
(8)
Where an appeal to an adjudicator is pending under this section, and before the adjudicator has begun to hear it a related appeal is brought, the appeal to the adjudicator shall be dealt with instead by the Appeal Tribunal and be treated as an appeal duly made to the Tribunal in the first instance.
(9)
In relation to an appeal under this section in respect of a deportation order against any person (whether an appeal against a decision to make or against a refusal to revoke the order), any other appeal under this section is a “” if it is an appeal in respect of a deportation order against another person as belonging to the family of the first-mentioned person.
16 Appeals against validity of directions for removal.
(1)
Subject to the provisions of this Part of this Act, where directions are given under this Act for a person’s removal from the United Kingdom either—
(a)
on the ground that he is an illegal entrant or on the ground specifically that he has entered the United Kingdom in breach of a deportation order; or
(b)
under the special powers conferred by Schedule 2 to this Act in relation to members of the crew of a ship or aircraft or persons coming to the United Kingdom to join a ship or aircraft as a member of the crew;
then he may appeal to an adjudicator against those directions on the ground that in the facts of his case there was in law no power to give them on the ground on which they were given.
(2)
A person shall not be entitled to appeal under this section so long as he is in the United Kingdom, unless he is appealing against directions given by virtue of a deportation order (whether on the ground specifically that he has returned in breach of that order or on the ground that he is an illegal entrant) and is appealing on the ground that he is not the person named in that order.
(3)
Where a person appeals under this section against directions given by virtue of a deportation order, he shall not be allowed to dispute the original validity of that order.
(4)
An appeal under this section against directions given as mentioned in subsection (1)(b) shall be dismissed by the adjudicator, notwithstanding that the ground of appeal may be made out, if he is satisfied that there was power to give the like directions on the ground that the appellant was an illegal entrant.
17 Appeals against removal on objection to destination.
(1)
Subject to the provisions of this Part of this Act, where directions are given under this Act for a person’s removal from the United Kingdom either—
(a)
on his being refused leave to enter; or
(b)
on a deportation order being made against him; or
(c)
on his having entered the United Kingdom in breach of a deportation order;
he may appeal to an adjudicator against the directions on the ground that he ought to be removed (if at all) to a different country or territory specified by him.
(2)
Where a person appeals under section 13(1) above on being refused leave to enter the United Kingdom, and either—
(a)
before he does so, directions have been given for his removal from the United Kingdom to any country or territory; or
(b)
before or after he does so, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal by virtue of the refusal will be for his removal to a country or territory or one of several countries or territories specified in the notice;
then he may on that appeal object to the country or territory to which he would be removed in pursuance of the directions, or to that specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.
(3)
Where a person appeals under section 15 above against a decision to make a deportation order against him, and before or after he does so the Secretary of State serves on him notice that any directions which may be given for his removal by virtue of the deportation order will be for his removal to a country or territory or one of several countries or territories specified in the notice, then he may on that appeal object to the country or territory specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.
(4)
Where by virtue of subsection (2) or (3) above a person is able to object to a country or territory on an appeal under section 13(1) or 15, and either he does not object to it on that appeal or his objection to it on that appeal is not sustained, then he shall not be entitled to appeal under this section against any directions subsequently given by virtue of the refusal or order in question, if their effect will be his removal to that country or territory.
(5)
A person shall not be entitled to appeal under this section against any directions given on his being refused leave to enter the United Kingdom, unless either he is also appealing under section 13(1) against the decision that he requires leave to enter or he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit.
18 Notice of matters in respect of which there are rights of appeal.
(1)
The Secretary of State may by regulations provide—
(a)
for written notice to be given to a person of any such decision or action taken in respect of him as is appealable under this Part of this Act (whether or not he is in the facts of his case entitled to appeal) or would be so appealable but for the ground on which it is taken;
(b)
for any such notice to include a statement of the reasons for the decision or action and, where the action is the giving of directions for the removal of any person from the United Kingdom, of the country or territory to which he is to be removed;
(c)
for any such notice to be accompanied by a statement containing particulars of the rights of appeal available under this Part of this Act and of the procedure by which those rights may be exercised;
(d)
for the form of any such notice or statement and the way in which a notice is to be or may be given.
(2)
For the purpose of any proceedings under this Part of this Act a statement included in a notice in pursuance of regulations under this section shall be conclusive of the person by whom and of the ground on which any decision or action was taken.
(3)
The power to make regulations under this section shall be exercisable by statutory instrument, and any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
19 Determination of appeals by adjudicators.
(1)
Subject to sections 13(4) and 16(4) above, and to any restriction on the grounds of appeal, an adjudicator on an appeal to him under this Part of this Act—
(a)
shall allow the appeal if he considers—
(i)
that the decision or action against which the appeal is brought was not in accordance with the law or with any immigration rules applicable to the case; or
(ii)
where the decision or action involved the exercise of a discretion by the Secretary of State or an officer, that the discretion should have been exercised differently; and
(b)
in any other case, shall dismiss the appeal.
(2)
For the purposes of subsection (1)(a) above the adjudicator may review any determination of a question of fact on which the decision or action was based; and for the purposes of subsection (1)(a)(ii) no decision or action which is in accordance with the immigration rules shall be treated as having involved the exercise of a discretion by the Secretary of State by reason only of the fact that he has been requested by or on behalf of the appellant to depart, or to authorise an officer to depart, from the rules and has refused to do so.
(3)
Where an appeal is allowed, the adjudicator shall give such directions for giving effect to the determination as the adjudicator thinks requisite, and may also make recommendations with respect to any other action which the adjudicator considers should be taken in the case under this Act; and, subject to section 20(2) below, it shall be the duty of the Secretary of State and of any officer to whom directions are given under this subsection to comply with them.
(4)
Where in accordance with section 15 above a person appeals to the Appeal Tribunal in the first instance, this section shall apply with the substitution of references to the Tribunal for references to an adjudicator.
Appeals from adjudicator to Tribunal, and review of decisions
20 Appeal to Tribunal from determination of adjudicator.
(1)
Subject to any requirement of rules of procedure as to leave to appeal, any party to an appeal to an adjudicator may, if dissatisfied with his determination thereon, appeal to the Appeal Tribunal, and the Tribunal may affirm the determination or make any other determination which could have been made by the adjudicator.
(2)
Directions given by an adjudicator under section 19(3) above need not be complied with so long as an appeal can be brought against his determination and, if such an appeal is duly brought, so long as the appeal is pending; and if the Tribunal affirm his determination allowing the appeal, they may alter or add to his directions and recommendations under section 19(3) or replace them with their own directions and recommendations, and the provisions of that subsection shall apply to directions given by them accordingly.
(3)
Where an appeal is dismissed by an adjudicator but allowed by the Tribunal, section 19(3) above shall apply with the substitution of references to the Tribunal for references to the adjudicator.
21 Reference of cases for further consideration.
(1)
Where in any case—
(a)
an adjudicator has dismissed an appeal, and there has been no further appeal to the Appeal Tribunal, or the Tribunal has dismissed an appeal made to them in the first instance by virtue of section 15 above; or
(b)
the Appeal Tribunal has affirmed the determination of an adjudicator dismissing an appeal, or reversed the determination of an adjudicator allowing an appeal;
the Secretary of State may at any time refer for consideration under this section any matter relating to the case which was not before the adjudicator or Tribunal.
(2)
Any reference under this section shall be to an adjudicator or to the Appeal Tribunal, and the adjudicator or Tribunal shall consider the matter which is the subject of the reference and report to the Secretary of State the opinion of the adjudicator or Tribunal thereon.
Supplementary
22 Procedure.
(1)
The F59Lord Chancellor may make rules (in this Act referred to as “rules of procedure”)—
(a)
for regulating the exercise of the rights of appeal conferred by this Part of this Act;
(b)
for prescribing the practice and procedure to be followed on or in connection with appeals thereunder, including the mode and burden of proof and admissibility of evidence on such an appeal; and
(c)
for other matters preliminary or incidental to or arising out of such appeals, including proof of the decisions of adjudicators or the Appeal Tribunal.
(2)
Rules of procedure may include provision—
(a)
enabling the Tribunal, on an appeal from an adjudicator, to remit the appeal to an adjudicator for determination by him in accordance with any directions of the Tribunal, or for further evidence to be obtained with a view to determination by the Tribunal; or
(b)
enabling any functions of the Tribunal which relate to matters preliminary or incidental to an appeal, or which are conferred by Part II of Schedule 2 to this Act, to be performed by a single member of the Tribunal; or
(c)
conferring on adjudicators or the Tribunal such ancillary powers as the F59Lord Chancellor thinks necessary for the purposes of the exercise of their functions.
(3)
The rules of procedure shall provide that any appellant shall have the right to be legally represented.
(4)
Where on an appeal under this Part of this Act it is alleged—
(a)
that a passport or other travel document, F60certificate of entitlement, entry clearance or work permit (or any part thereof or entry therein) on which a party relies is a forgery; and
(b)
that the disclosure to that party of any matters relating to the method of detection would be contrary to the public interest;
then (without prejudice to the generality of the power to make rules of procedure) the adjudicator or Tribunal shall arrange for the proceedings to take place in the absence of that party and his representatives while the allegation at (b) above is inquired into by the adjudicator or Tribunal and, if it appears to the adjudicator or Tribunal that the allegation is made out, for such further period as appears necessary in order to ensure that those matters can be presented to the adjudicator or Tribunal without any disclosure being directly or indirectly made contrary to the public interest.
(5)
If under the rules of procedure leave to appeal to the Tribunal is required in cases where an adjudicator dismisses an appeal under section 13 above, then the authority having power to grant leave to appeal shall grant it—
(a)
in any case where the appeal was against a decision that the appellant required leave to enter the United Kingdom, and the authority is satisfied that at the time of the decision he held a F60certificate of entitlement; and
(b)
in any case where the appeal was against a refusal of leave to enter, and the authority is satisfied that at the time of the refusal the appellant held an entry clearance and that the dismissal of the appeal was not required by section 13(4).
(6)
A person who is required under or in accordance with rules of procedure to attend and give evidence or produce documents before an adjudicator or the Tribunal, and fails without reasonable excuse to comply with the requirement, shall be guilty of an offence and liable on summary conviction to a fine not exceeding F61level 3 on the standard scale.
(7)
The power to make rules of procedure shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
23 Financial support for organisations helping persons with rights of appeal.
The Secretary of State may with the consent of the Treasury make grants to any voluntary organisation which provides advice or assistance for, or other services for the welfare of, persons who have rights of appeal under this Part of this Act.
Part III Criminal Proceedings
24 Illegal entry and similar offences.
(1)
A person who is not F62a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than F63F64level 5on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:—
(a)
if contrary to this Act he knowingly enters the United Kingdom in breach of a deportation order or without leave;
F65(aa)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
if, having only a limited leave to enter or remain in the United Kingdom, he knowingly either—
(i)
remains beyond the time limited by the leave; or
(ii)
fails to observe a condition of the leave;
(c)
if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);
(d)
if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to F66a medical officer of healthF66the chief administrative medical officer of a Health BoardF67or the chief administrative medical officer of a Health and Social Services Board, or to attend, or submit to a test or examination, as required by such an officer;
(e)
(f)
if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom;
(g)
if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act.
F70(1A)
A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the United Kingdom thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.
F71(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under F72subsection (1)(a) and (c) above.
(4)
In proceedings for an offence against subsection (1)(a) above of entering the United Kingdom without leave,—
(a)
any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;
(b)
proof that a person had leave to enter the United Kingdom shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced.
F7324A Deception.
(1)
A person who is not a British citizen is guilty of an offence if, by means which include deception by him—
(a)
he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or
(b)
he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.
(2)
“Enforcement action”, in relation to a person, means—
(a)
the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;
(b)
the making of a deportation order against him under section 5 of this Act; or
(c)
his removal from the United Kingdom in consequence of directions or a deportation order.
(3)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(4)
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7525 Assisting unlawful immigration to member State
(1)
A person commits an offence if he—
(a)
does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union,
(b)
knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual, and
(c)
knows or has reasonable cause for believing that the individual is not a citizen of the European Union.
(2)
In subsection (1) “immigration law” means a law which has effect in a member State and which controls, in respect of some or all persons who are not nationals of the State, entitlement to—
(a)
enter the State,
(b)
transit across the State, or
(c)
be in the State.
(3)
A document issued by the government of a member State certifying a matter of law in that State—
(a)
shall be admissible in proceedings for an offence under this section, and
(b)
shall be conclusive as to the matter certified.
(4)
Subsection (1) applies to anything done—
(a)
in the United Kingdom,
(b)
outside the United Kingdom by an individual to whom subsection (5) applies, or
(c)
outside the United Kingdom by a body incorporated under the law of a part of the United Kingdom.
(5)
This subsection applies to—
(a)
a British citizen,
(b)
a British overseas territories citizen,
(c)
a British National (Overseas),
(d)
a British Overseas citizen,
(e)
a person who is a British subject under the British Nationality Act 1981 (c. 61), and
(f)
a British protected person within the meaning of that Act.
(6)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
F76(7)
In this section—
(a)
a reference to a member State includes a reference to a State on a list prescribed for the purposes of this section by order of the Secretary of State (to be known as the “Section 25 List of Schengen Acquis States”), and
(b)
a reference to a citizen of the European Union includes a reference to a person who is a national of a State on that list.
(8)
An order under subsection (7)(a)—
(a)
may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom’s obligations under the Community Treaties,
(b)
may include transitional, consequential or incidental provision,
(c)
shall be made by statutory instrument, and
(d)
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F7725A Helping asylum-seeker to enter United Kingdom
(1)
A person commits an offence if—
(a)
he knowingly and for gain facilitates the arrival in the United Kingdom of an individual, and
(b)
he knows or has reasonable cause to believe that the individual is an asylum-seeker.
(2)
In this section “asylum-seeker” means a person who intends to claim that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—
(a)
the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation)), or
(b)
the Human Rights Convention (within the meaning given by that section).
(3)
Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which—
(a)
aims to assist asylum-seekers, and
(b)
does not charge for its services.
(4)
Subsections (4) to (6) of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section.
F7825B Assisting entry to United Kingdom in breach of deportation or exclusion order
(1)
A person commits an offence if he—
(a)
does an act which facilitates a breach of a deportation order in force against an individual who is a citizen of the European Union, and
(b)
knows or has reasonable cause for believing that the act facilitates a breach of the deportation order.
(2)
Subsection (3) applies where the Secretary of State personally directs that the exclusion from the United Kingdom of an individual who is a citizen of the European Union is conducive to the public good.
(3)
A person commits an offence if he—
(a)
does an act which assists the individual to arrive in, enter or remain in the United Kingdom,
(b)
knows or has reasonable cause for believing that the act assists the individual to arrive in, enter or remain in the United Kingdom, and
(c)
knows or has reasonable cause for believing that the Secretary of State has personally directed that the individual’s exclusion from the United Kingdom is conducive to the public good.
(4)
Subsections (4) to (6) of section 25 apply for the purpose of an offence under this section as they apply for the purpose of an offence under that section.
F7925C Forfeiture of vehicle, ship or aircraft
(1)
This section applies where a person is convicted on indictment of an offence under section 25, 25A or 25B.
(2)
The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the convicted person—
(a)
owned the vehicle at the time the offence was committed,
(b)
was at that time a director, secretary or manager of a company which owned the vehicle,
(c)
was at that time in possession of the vehicle under a hire-purchase agreement,
(d)
was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or
(e)
was driving the vehicle in the course of the commission of the offence.
(3)
The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—
(a)
owned the ship or aircraft at the time the offence was committed,
(b)
was at that time a director, secretary or manager of a company which owned the ship or aircraft,
(c)
was at that time in possession of the ship or aircraft under a hire-purchase agreement,
(d)
was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement,
(e)
was at that time a charterer of the ship or aircraft, or
(f)
committed the offence while acting as captain of the ship or aircraft.
(4)
But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—
(a)
in the case of a ship, if subsection (5) or (6) applies;
(b)
in the case of an aircraft, if subsection (5) or (7) applies.
(5)
This subsection applies where—
(a)
in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and
(b)
a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25, 25A or 25B.
(6)
This subsection applies where a ship’s gross tonnage is less than 500 tons.
(7)
This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.
(8)
Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations.
(9)
In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—
(a)
an individual who seeks to enter a member State in breach of immigration law F80 (for which purpose “member State” and “immigration law” have the meanings given by section 25(2) and (7)) , and
(b)
an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution) F81or section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).
(10)
In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—
(a)
an asylum-seeker (within the meaning of that section), and
(b)
an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002 F81or section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).
(11)
In the case of an offence under section 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002 F81or section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).
F83F8225DF82 Detention of ship, aircraft or vehicle
(1)
If a person has been arrested for an offence under F84section 25, 25A or 25B, a senior officer or a constable may detain a relevant ship, aircraft or vehicle—
(a)
until a decision is taken as to whether or not to charge the arrested person with that offence; or
(b)
if the arrested person has been charged—
(i)
until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or
(ii)
if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle.
(2)
A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or constable concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under F85section 25C.
F86(3)
A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that—
(a)
he owns the ship, aircraft or vehicle,
(b)
he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or
(c)
he is a charterer of the ship or aircraft.
(4)
The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if—
(a)
the arrested person is convicted; and
(b)
an order for its forfeiture is made under F85section 25C.
(5)
“(a)
until a decision is taken as to whether or not to institute criminal proceedings against the arrested person for that offence; or
(b)
if criminal proceedings have been instituted against the arrested person—
(i)
until he is acquitted or, under section 65 or 147 of the M9Criminal Procedure (Scotland) Act 1995, discharged or liberated or the trial diet is deserted simpliciter;
(ii)
if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle,
and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service on him of an indictment or complaint.”
(6)
“Court” means—
(a)
in England and Wales—
F87(ia)
if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;
(iii)
if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;
(b)
in Scotland, the sheriff; and
(c)
in Northern Ireland—
(i)
if the arrested person has not been charged, the magistrates’ court for the county court division in which he was arrested;
(ii)
if he has been charged but proceedings for the offence have not begun to be heard, the magistrates’ court for the county court division in which he was charged;
(iii)
if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.
(7)
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)
“Senior officer” means an immigration officer not below the rank of chief immigration officer.
26 General offences in connection with administration of Act.
(1)
A person shall be guilty of an offence punishable on summary conviction with a fine of not more than F89F90level 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 F91a 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 F92certificate 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, F92certificate of entitlement, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;
(e)
if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act;
(f)
if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above;
(g)
if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.
(2)
The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above.
F93(3)
“Relevant enactment” means—
(a)
this Act;
(b)
the M10Immigration Act 1988;
(c)
the M11Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5);F94. . .
(d)
the Immigration and Asylum Act 1999 (apart from Part VI) F95 ; or
(e)
the Nationality, Immigration and Asylum Act 2002 (apart from Part 5).
F9626A Registration card
(1)
In this section “registration card” means a document which—
(a)
carries information about a person (whether or not wholly or partly electronically), and
(b)
is issued by the Secretary of State to the person wholly or partly in connection with a claim for asylum (whether or not made by that person).
(2)
In subsection (1) “claim for asylum” has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002.
(3)
A person commits an offence if he—
(a)
makes a false registration card,
(b)
alters a registration card with intent to deceive or to enable another to deceive,
(c)
has a false or altered registration card in his possession without reasonable excuse,
(d)
uses or attempts to use a false registration card for a purpose for which a registration card is issued,
(e)
uses or attempts to use an altered registration card with intent to deceive,
(f)
makes an article designed to be used in making a false registration card,
(g)
makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or
(h)
has an article within paragraph (f) or (g) in his possession without reasonable excuse.
(4)
In subsection (3) “false registration card” means a document which is designed to appear to be a registration card.
(5)
A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(6)
A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(7)
The Secretary of State may by order—
(a)
amend the definition of “registration card” in subsection (1);
(b)
make consequential amendment of this section.
(8)
An order under subsection (7)—
(a)
must be made by statutory instrument, and
(b)
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
F9726B Possession of immigration stamp
(1)
A person commits an offence if he has an immigration stamp in his possession without reasonable excuse.
(2)
A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse.
(3)
In this section—
(a)
“immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function,
(b)
“replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and
(c)
“immigration function” means a function of an immigration officer or the Secretary of State under the Immigration Acts.
(4)
A person who is guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
27 Offences by persons connected with ships or aircraft or with ports.
A person shall be guilty of an offence punishable on summary conviction with a fine of not more than F98F99level 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, being the captain of a ship or aircraft,—
(i)
he knowingly permits a person to disembark in the United Kingdom when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connection with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or
(ii)
he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 F100or under the Immigration and Asylum Act 1999with respect to the removal of a person from the United Kingdom;
(b)
if, as owner or agent of a ship or aircraft,—
(i)
he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or
(ii)
he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or
(iii)
(iv)
he fails, without reasonable excuse, to comply with the requirements of paragraph 27B or 27C of Schedule 2;
(c)
if, as owner or agent of a ship or aircraft or as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated.
F103(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Proceedings.
(1)
Where the offence is one to which, under section 24 F104. . . or 26 above, an extended time limit for prosecutions is to apply, then—
(a)
an information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by F105an officer of police above the rank of chief superintendent to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of F105the police force to which he belongs; and
(b)
summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and
(c)
a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.
(2)
For purposes of subsection (1)(b) above proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (1)(b) came to his knowledge shall be conclusive evidence.
(3)
For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.
(4)
Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.
F10628A Arrest without warrant.
(1)
F107An immigration officer may arrest without warrant a person—
(a)
who has committed or attempted to commit an offence under section 24 or 24A; or
(b)
whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.
(2)
But subsection (1) does not apply in relation to an offence under section 24(1)(d).
(3)
An immigration officer may arrest without warrant a person—
(a)
who has committed an offence under F108section 25, 25A or 25B; or
(b)
whom he has reasonable grounds for suspecting has committed that offence.
(4)
F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—
(a)
has committed or attempted to commit an offence under section 26(1)(g); or
(b)
is committing or attempting to commit that offence.
(6)
The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
(7)
The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—
(a)
he does not know, and cannot readily discover, the suspect’s name;
(b)
he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;
(c)
the suspect has failed to give him a satisfactory address for service; or
(d)
he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.
(8)
The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—
(a)
causing physical injury to himself or another person;
(b)
suffering physical injury; or
(c)
causing loss of or damage to property.
(9)
For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—
(a)
that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or
(b)
that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.
F110(9A)
F107An immigration officer may arrest without warrant a person—
(a)
who has committed an offence under section 26A or 26B; or
(b)
whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.
(10)
In relation to the exercise of the powers conferred by subsections (3)(b)F111. . . and (5), it is immaterial that no offence has been committed.
(11)
In Scotland the powers conferred by subsections (3)F112. . . and (5) may also be exercised by a constable.
F10628A Arrest without warrant.
(1)
A constable or immigration officer may arrest without warrant a person—
(a)
who has committed or attempted to commit an offence under section 24 or 24A; or
(b)
whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.
(2)
But subsection (1) does not apply in relation to an offence under section 24(1)(d).
(3)
An immigration officer may arrest without warrant a person—
(a)
who has committed an offence under F108section 25, 25A or 25B; or
(b)
whom he has reasonable grounds for suspecting has committed that offence.
(4)
F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—
(a)
has committed or attempted to commit an offence under section 26(1)(g); or
(b)
is committing or attempting to commit that offence.
(6)
The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
(7)
The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—
(a)
he does not know, and cannot readily discover, the suspect’s name;
(b)
he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;
(c)
the suspect has failed to give him a satisfactory address for service; or
(d)
he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.
(8)
The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—
(a)
causing physical injury to himself or another person;
(b)
suffering physical injury; or
(c)
causing loss of or damage to property.
(9)
For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—
(a)
that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or
(b)
that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.
F110(9A)
A constable or immigration officer may arrest without warrant a person—
(a)
who has committed an offence under section 26A or 26B; or
(b)
whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.
(10)
In relation to the exercise of the powers conferred by subsections (3)(b)F111. . . and (5), it is immaterial that no offence has been committed.
(11)
In Scotland the powers conferred by subsections (3)F112. . . and (5) may also be exercised by a constable.
F11328AA Arrest with warrant
(1)
This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under—
(a)
section 24(1)(d), or
(b)
section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence).
(2)
The justice of the peace may grant a warrant authorising any immigration officer to arrest the person.
(3)
In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace.
F11428B Search and arrest by warrant.
(1)
Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises.
(2)
The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
(3)
Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).
(4)
The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
(5)
F11728C Search and arrest without warrant.
(1)
An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under F118section 25, 25A or 25B.
(2)
The power may be exercised—
(a)
only to the extent that it is reasonably required for that purpose; and
(b)
only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.
(3)
In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—
(a)
any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and
(b)
any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.
(4)
The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).
C87F11928CA Business premises: entry to arrest
(1)
A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—
(a)
for an offence under section 24,
(b)
for an offence under section 24A, or
(c)
under paragraph 17 of Schedule 2.
(2)
The power under subsection (1) may be exercised only—
(a)
to the extent that it is reasonably required for a purpose specified in subsection (1),
(b)
if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,
(c)
with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and
(d)
if the constable or immigration officer produces identification showing his status.
(3)
Authority for the purposes of subsection (2)(c)—
(a)
may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and
(b)
shall expire at the end of the period of seven days beginning with the day on which it is given.
(4)
Subsection (2)(d) applies—
(a)
whether or not a constable or immigration officer is asked to produce identification, but
(b)
only where premises are occupied.
(5)
Subsection (6) applies where a constable or immigration officer—
(a)
enters premises in reliance on this section, and
(b)
detains a person on the premises.
(6)
A detainee custody officer may enter the premises for the purpose of carrying out a search.
(7)
In subsection (6)—
“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and
“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).
F12028D Entry and search of premises.
(1)
If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that—
(a)
a relevant offence has been committed,
(b)
there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,
(c)
the material is likely to be relevant evidence,
(d)
the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and
(e)
any of the conditions specified in subsection (2) applies,
he may issue a warrant authorising an immigration officer to enter and search the premises.
(2)
The conditions are that—
(a)
it is not practicable to communicate with any person entitled to grant entry to the premises;
(b)
it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
(c)
entry to the premises will not be granted unless a warrant is produced;
(d)
the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.
(3)
An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).
(4)
(5)
In relation to England and Wales, expressions which are given a meaning by the M12Police and Criminal Evidence Act 1984 have the same meaning when used in this section.
(6)
In relation to Northern Ireland, expressions which are given a meaning by the M13Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.
(7)
In the application of subsection (1) to Scotland—
(a)
read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace; and
(b)
in paragraph (d), omit the reference to excluded material and special procedure material.
F12328E Entry and search of premises following arrest.
(1)
This section applies if a person is arrested for an offence under this Part at a place other than a police station.
(2)
An immigration officer may enter and search any premises—
(a)
in which the person was when arrested, or
(b)
in which he was immediately before he was arrested,
for evidence relating to the offence for which the arrest was made (“relevant evidence”).
(3)
The power may be exercised—
(a)
only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and
(b)
only to the extent that it is reasonably required for the purpose of discovering relevant evidence.
(4)
In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—
(a)
any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and
(b)
any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
(5)
An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.
(6)
Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.
F12528FF124Entry and search of premises following arrest under section 25, 25A, or 25B.
(1)
An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under F126section 25, 25A, 25B.
(2)
The power may be exercised—
(a)
only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;
(b)
only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and
(c)
subject to subsection (3), only if a senior officer has authorised it in writing.
(3)
The power may be exercised—
(a)
before taking the arrested person to a place where he is to be detained; and
(b)
without obtaining an authorisation under subsection (2)(c),
if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.
(4)
An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.
(5)
The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of—
(a)
the grounds for the search; and
(b)
the nature of the evidence that was sought.
(6)
An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.
(7)
“Relevant evidence” means evidence, other than items subject to legal privilege, that relates to the offence in question.
(8)
“Senior officer” means an immigration officer not below the rank of chief immigration officer.
F12728FA Search for personnel records: warrant unnecessary
(1)
This section applies where—
(a)
a person has been arrested for an offence under section 24(1) or 24A(1),
(b)
a person has been arrested under paragraph 17 of Schedule 2,
(c)
a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or
(d)
a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.
(2)
A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes—
(a)
that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and
(b)
that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence.
(3)
A constable or officer searching premises under subsection (2) may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—
(a)
an immigration employment offence, or
(b)
an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).
(4)
The power under subsection (2) may be exercised only—
(a)
to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege,
(b)
if the constable or immigration officer produces identification showing his status, and
(c)
if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies.
(5)
Those conditions are—
(a)
that it is not practicable to communicate with a person entitled to grant access to the records,
(b)
that permission to search has been refused,
(c)
that permission to search would be refused if requested, and
(d)
that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2).
(6)
Subsection (4)(b) applies—
(a)
whether or not a constable or immigration officer is asked to produce identification, but
(b)
only where premises are occupied.
(7)
In this section “immigration employment offence” means an offence under section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment).
F12828FB Search for personnel records: with warrant
(1)
This section applies where on an application made by an immigration officer in respect of business premises a justice of the peace is satisfied that there are reasonable grounds for believing—
(a)
that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer),
(b)
that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and
(c)
that at least one of the conditions in subsection (2) is satisfied.
(2)
Those conditions are—
(a)
that it is not practicable to communicate with a person entitled to grant access to the premises,
(b)
that it is not practicable to communicate with a person entitled to grant access to the records,
(c)
that entry to the premises or access to the records will not be granted unless a warrant is produced, and
(d)
that the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.
(3)
The justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.
(4)
Subsection (7)(a) of section 28D shall have effect for the purposes of this section as it has effect for the purposes of that section.
(5)
An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of—
(a)
an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act, or
(b)
an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).
F12928G Searching arrested persons.
(1)
This section applies if a person is arrested for an offence under this Part at a place other than a police station.
(2)
An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
(3)
The officer may search the arrested person for—
(a)
anything which he might use to assist his escape from lawful custody; or
(b)
anything which might be evidence relating to the offence for which he has been arrested.
(4)
The power conferred by subsection (3) may be exercised—
(a)
only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and
(b)
only to the extent that it is reasonably required for the purpose of discovering any such thing.
(5)
A power conferred by this section to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.
(6)
An officer searching a person under subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that that person might use it to cause physical injury to himself or to another person.
(7)
An officer searching a person under subsection (3) may seize and retain anything he finds, if he has reasonable grounds for believing—
(a)
that that person might use it to assist his escape from lawful custody; or
(b)
that it is evidence which relates to the offence in question.
(8)
Subsection (7)(b) does not apply to an item subject to legal privilege.
F13028H Searching persons in police custody.
(1)
This section applies if a person—
(a)
has been arrested for an offence under this Part; and
(b)
is in custody at a police station or in police detention at a place other than a police station.
(2)
An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything—
(a)
which he might use to—
(i)
cause physical injury to himself or others;
(ii)
damage property;
(iii)
interfere with evidence; or
(iv)
assist his escape; or
(b)
which the officer has reasonable grounds for believing is evidence relating to the offence in question.
(3)
The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2).
(4)
An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that—
(a)
that person might use it for one or more of the purposes mentioned in subsection (2)(a); or
(b)
it is evidence relating to the offence in question.
(5)
Anything seized under subsection (4)(a) may be retained by the police.
(6)
Anything seized under subsection (4)(b) may be retained by an immigration officer.
(7)
The person from whom something is seized must be told the reason for the seizure unless he is—
(a)
violent or appears likely to become violent; or
(b)
incapable of understanding what is said to him.
(8)
An intimate search may not be conducted under this section.
(9)
The person carrying out a search under this section must be of the same sex as the person searched.
(10)
“Custody officer”—
(a)
in relation to England and Wales, has the same meaning as in the M14Police and Criminal Evidence Act 1984;
(b)
in relation to Scotland, means the officer in charge of a police station; and
(c)
in relation to Northern Ireland, has the same meaning as in the M15Police and Criminal Evidence (Northern Ireland) Order 1989.
(11)
“Intimate search”—
(a)
in relation to England and Wales, has the meaning given by section 65 of the Act of 1984;
(b)
in relation to Scotland, means a search which consists of the physical examination of a person’s body orifices other than the mouth; and
(c)
in relation to Northern Ireland, has the same meaning as in the 1989 Order.
(12)
“Police detention”—
(a)
in relation to England and Wales, has the meaning given by section 118(2) of the 1984 Act; and
(b)
in relation to Northern Ireland, has the meaning given by Article 2 of the 1989 Order.
(13)
In relation to Scotland, a person is in police detention if—
(a)
he has been taken to a police station after being arrested for an offence; or
(b)
he is arrested at a police station after attending voluntarily at the station, accompanying a constable to it or being detained under section 14 of the M16Criminal Procedure (Scotland) Act 1995,
and is detained there or is detained elsewhere in the charge of a constable, but is not in police detention if he is in court after being charged.
F13128I Seized material: access and copying.
(1)
If a person showing himself—
(a)
to be the occupier of the premises on which seized material was seized, or
(b)
to have had custody or control of the material immediately before it was seized,
asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.
(2)
If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision—
(a)
in the case of seized material within subsection (8)(a), of an immigration officer;
(b)
in the case of seized material within subsection (8)(b), of a constable.
(3)
An immigration officer may photograph or copy, or have photographed or copied, seized material.
(4)
If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—
(a)
that person to have access to the material for the purpose of photographing or copying it under the supervision—
(i)
in the case of seized material within subsection (8)(a), of an immigration officer;
(ii)
in the case of seized material within subsection (8)(b), of a constable; or
(b)
the material to be photographed or copied.
(5)
A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time.
(6)
There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—
(a)
the exercise of any functions in connection with which the material was seized; or
(b)
an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.
(7)
“Relevant person” means—
(a)
a person who had custody or control of seized material immediately before it was seized, or
(b)
someone acting on behalf of such a person.
(8)
“Seized material” means anything—
(a)
seized and retained by an immigration officer, or
(b)
seized by an immigration officer and retained by the police,
under this Part.
F13228J Search warrants: safeguards.
(1)
The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K.
(2)
If an immigration officer applies for a warrant, he must—
(a)
state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;
(b)
specify the premises which it is desired to enter and search; and
(c)
identify, so far as is practicable, the persons or articles to be sought.
(3)
In Northern Ireland, an application for a warrant is to be supported by a complaint in writing and substantiated on oath.
(4)
Otherwise, an application for a warrant is to be made ex parte and supported by an information in writing or, in Scotland, evidence on oath.
(5)
The officer must answer on oath any question that the justice of the peace or sheriff hearing the application asks him.
(6)
A warrant shall authorise an entry on one occasion only.
(7)
A warrant must specify—
(a)
the name of the person applying for it;
(b)
the date on which it is issued;
(c)
the premises to be searched; and
(d)
the provision of this Act under which it is issued.
(8)
A warrant must identify, so far as is practicable, the persons or articles to be sought.
(9)
Two copies of a warrant must be made.
(10)
The copies must be clearly certified as copies.
(11)
“Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.
F13328K Execution of warrants.
(1)
A warrant may be executed by any immigration officer.
(2)
A warrant may authorise persons to accompany the officer executing it.
(3)
Entry and search under a warrant must be—
(a)
within one month from the date of its issue; and
(b)
at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated.
(4)
If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must—
(a)
identify himself to the occupier and produce identification showing that he is an immigration officer;
(b)
show the occupier the warrant; and
(c)
supply him with a copy of it.
(5)
If—
(a)
the occupier is not present, but
(b)
some other person who appears to the officer to be in charge of the premises is present,
subsection (4) has effect as if each reference to the occupier were a reference to that other person.
(6)
If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises.
(7)
A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
(8)
An officer executing a warrant must make an endorsement on it stating—
(a)
whether the persons or articles sought were found; and
(b)
whether any articles, other than articles which were sought, were seized.
(9)
A warrant which has been executed, or has not been executed within the time authorised for its execution, must be returned—
F134(a)
if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;
(b)
if issued by a justice of the peace in Northern Ireland, to the clerk of petty sessions for the petty sessions district in which the premises are situated;
(c)
if issued by a justice of the peace in Scotland, to the clerk of the district court for the commission area for which the justice of the peace was appointed;
(d)
if issued by the sheriff, to the sheriff clerk.
(10)
A warrant returned under subsection (9)(a) must be retained for 12 months by the F135designated officer .
(11)
A warrant issued under subsection (9)(b) or (c) must be retained for 12 months by the clerk.
(12)
A warrant returned under subsection (9)(d) must be retained for 12 months by the sheriff clerk.
(13)
If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so.
(14)
“Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.
F13628L Interpretation of Part III.
F137(1)
In this Part, “premises” and “items subject to legal privilege” have the same meaning—
(a)
in relation to England and Wales, as in the M17Police and Criminal Evidence Act 1984;
(b)
in relation to Northern Ireland, as in the M18Police and Criminal Evidence (Northern Ireland) Order 1989; and
(c)
in relation to Scotland, as in section F138412 of the Proceeds of Crime Act 2002.
F139(2)
In this Part “business premises” means premises (or any part of premises) not used as a dwelling.
(3)
In this Part “employee records” means records which show an employee’s—
(a)
name,
(b)
date of birth,
(c)
address,
(d)
length of service,
(e)
rate of pay, or
(f)
nationality or citizenship.
(4)
The Secretary of State may by order amend section 28CA(3)(a) to reflect a change in nomenclature.
(5)
An order under subsection (4)—
(a)
must be made by statutory instrument, and
(b)
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Part IV Supplementary
29 Contributions for expenses of persons returning abroad.
F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Return of mental patients.
F141(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F142(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 Expenses.
There shall be defrayed out of moneys provided by Parliament any expenses incurred F143by the Lord Chancellor under Schedule 5 to this Act or by a Secretary of State under or by virtue of this Act—
(a)
by way of administrative expenses F144. . .; or
(b)
in connection with the removal of any person from the United Kingdom under Schedule 2 or 3 to this Act or the departure with him of his dependants, or his or their maintenance pending departure; or
F145(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14731A Procedural requirements as to applications.
(1)
If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form.
(2)
If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind.
(3)
“Prescribed” means prescribed in regulations made by the Secretary of State.
F148(3A)
Regulations under this section may provide that a failure to comply with a specified requirement of the regulations—
(a)
invalidates an application,
(b)
does not invalidate an application, or
(c)
invalidates an application in specified circumstances (which may be described wholly or partly by reference to action by the applicant, the Secretary of State, an immigration officer or another person).
(4)
The power to make regulations under this section is exercisable by statutory instrument.
(5)
Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
32 General provisions as to Orders in Council, etc.
(1)
Any power conferred by Part I of this Act to make an Order in Council or order (other than a deportation order) or to give any directions includes power to revoke or vary the Order in Council, order or directions.
(2)
Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of F149the Immigration Acts and to be signed by him or on his behalf, and any document purporting to be a certificate of the Secretary of State so given and to be signed by him F150or on his behalf, shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or issued by him.
(3)
Prima facie evidence of any such order, notice, direction or certificate as aforesaid may, in any legal proceedings or F151other proceedings under the Immigration Acts, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the order, notice, direction or certificate.
(4)
Where an order under section 8(2) above applies to persons specified in a schedule to the order, or any directions of the Secretary of State given for the purposes of F152the Immigration Acts apply to persons specified in a schedule to the directions, prima facie evidence of the provisions of the order or directions other than the schedule and of any entry contained in the schedule may, in any legal proceedings or F153other proceedings under the Immigration Acts, be given by the production of a document purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the said provisions and of the relevant entry.
(5)
F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Interpretation.
(1)
For purposes of this Act, except in so far as the context otherwise requires—
“aircraft” includes hovercraft, “airport” includes hoverport and “port” includes airport;
“captain” means master (of a ship) or commander (of an aircraft);
“certificate of F155entitlement” means such a certificate as is referred to in section 3(9) above;
F156. . .
“crew”, in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and “member of the crew” shall be construed accordingly;
F159 “entrant” means a person entering or seeking to enter the United Kingdom and “illegal entrant” means a person—
(a)
unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or
(b)
entering or seeking to enter by means which include deception by another person,
and includes also a person who has entered as mentioned in paragraph (a) or (b) above;
“entry clearance” means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence F160or the requisite evidence of a person’s eligibility, though not F161a British citizen, for entry into the United Kingdom (but does not include a work permit);
“immigration laws” means this Act and any law for purposes similar to this Act which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands;
“immigration rules” means the rules for the time being laid down as mentioned in section 3(2) above;
“the Islands” means the Channel Islands and the Isle of Man, and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together;
“legally adopted” means adopted in pursuance of an order made by any court in the United Kingdom and Islands F162, under a Convention adoption or by any adoption specified as an overseas adoption by order of the Secretary of State under F163section 4 of the M21Adoption Act 1968F164section 87 of the Adoption and Children Act 2002;
“limited leave” and “indefinite leave” mean respectively leave under this Act to enter or remain in the United Kingdom which is, and one which is not, limited as to duration;
“settled” shall be construed in accordance F165with subsection (2A) below;
“ship” includes every description of vessel used in navigation;
F156. . .
F166“United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a dependent territory within the meaning of the M22British Nationality Act 1981;
“work permit” means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not F161a British citizen, for entry into the United Kingdom for the purpose of taking employment.
F167(1A)
A reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.
(2)
It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United Kingdom or in any of the Islands at a time when he is there in breach of the immigration laws.
F168(2A)
Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.
(3)
The ports of entry for purposes of this Act, and the ports of exit for purposes of any Order in Council under section 3(7) above, shall be such ports as may from time to time be designated for the purpose by order of the Secretary of State made by statutory instrument.
F169(4)
For the purposes of this Act, the question of whether an appeal is pending shall be determined F170in accordance with section 104 of the Nationality, Immigration and Asylum Act 2002 (pending appeals)
(5)
This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative.
34 Repeal, transitional and temporary.
(1)
Subject to the following provisions of this section, the enactments mentioned in Schedule 6 to this Act are hereby repealed, as from the coming into force of this Act, to the extent mentioned in column 3 of the Schedule; and—
(a)
this Act, as from its coming into force, shall apply in relation to entrants or others arriving in the United Kingdom at whatever date before or after it comes into force; and
(b)
after this Act comes into force anything done under or for the purposes of the former immigration laws shall have effect, in so far as any corresponding action could be taken under or for the purposes of this Act, as if done by way of action so taken, and in relation to anything so done this Act shall apply accordingly.
(2)
Without prejudice to the generality of subsection (1)(a) and (b) above, a person refused leave to land by virtue of the M23Aliens Restriction Act 1914 shall be treated as having been refused leave to enter under this Act, and a person given leave to land by virtue of that Act shall be treated as having been given leave to enter under this Act; and similarly with the M24Commonwealth Immigrants Acts 1962and 1968.
(3)
A person treated in accordance with subsection (2) above as having leave to enter the United Kingdom—
(a)
shall be treated as having an indefinite leave, if he is not at the coming into force of this Act subject to a condition limiting his stay in the United Kingdom; and
(b)
shall be treated, if he is then subject to such a condition, as having a limited leave of such duration, and subject to such conditions (capable of being attached to leave under this Act), as correspond to the conditions to which he is then subject, but not to conditions not capable of being so attached.
This subsection shall have effect in relation to any restriction or requirement imposed by Order in Council under the M25Aliens Restriction Act 1914 as if it had been imposed by way of a landing condition.
(4)
Notwithstanding anything in the foregoing provisions of this Act, the former immigration laws shall continue to apply, and this Act shall not apply,—
(a)
in relation to the making of deportation orders and matters connected therewith in any case where a decision to make the order has been notified to the person concerned before the coming into force of this Act;
(b)
in relation to removal from the United Kingdom and matters connected therewith (including detention pending removal or pending the giving of directions for removal) in any case where a person is to be removed in pursuance of a decision taken before the coming into force of this Act or in pursuance of a deportation order to the making of which paragraph (a) above applies;
(c)
in relation to appeals against any decision taken or other thing done under the former immigration laws, whether taken or done before the coming into force of this Act or by virtue of this subsection.
(5)
Subsection (1) above shall not be taken as empowering a court on appeal to recommend for deportation a person whom the court below could not recommend for deportation, or as affecting any right of appeal in respect of a recommendation for deportation made before this Act comes into force, or as enabling a notice given before this Act comes into force and not complying with section 6(2) to take the place of the notice required by section 6(2) to be given before a person is recommended for deportation.
F171(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 Commencement, and interim provisions.
(1)
Except as otherwise provided by this Act, Parts I to III of this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and references to the coming into force of this Act shall be construed as references to the beginning of the day so appointed.
(2)
Section 25 above, except section 25(2), and section 28 in its application to offences under section 25(1) shall come into force at the end of one month beginning with the date this Act is passed.
(3)—(5).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172
36 Power to extend to Islands.
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the Islands; and any Order in Council under this subsection may be varied or revoked by a further Order in Council.
37 Short title and extent.
(1)
This Act may be cited as the Immigration Act 1971.
(2)
It is hereby declared that this Act extends to Northern Ireland, and (without prejudice to any provision of Schedule 1 to this Act as to the extent of that Schedule) where an enactment repealed by this Act extends outside the United Kingdom, the repeal shall be of like extent.
F173SCHEDULE 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2 Administrative Provisions as to Control on Entry etc.
Part I General Provisions
Immigration officers and medical inspectors
1
(1)
Immigration officers for the purposes of this Act shall be appointed by the Secretary of State, and he may arrange with the Commissioners of Customs and Excise for the employment of officers of customs and excise as immigration officers under this Act.
(2)
Medical inspectors for the purposes of this Act may be appointed by the Secretary of State or, in Northern Ireland, by the Minister of Health and Social Services or other appropriate Minister of the Government of Northern Ireland in pursuance of arrangements made between that Minister and the Secretary of State, and shall be fully qualified medical practitioners.
F174(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 F175or 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 F175or aircraft and anything on board it, or any vehicle taken off a ship or aircraft on which it has been brought to the United Kingdom.
Examination by immigration officers, and medical examination
2
(1)
An immigration officer may examine any persons who have arrived in the United Kingdom by ship F176or aircraft (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) for the purpose of determining—
(a)
whether any of them is or is not F177a British citizen; and
(b)
whether, if he is not, he may or may not enter the United Kingdom without leave; and
F178(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.
(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.
F179 Examination of persons who arrive with continuing leave
F1802A
(1)
This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.
(2)
He may be examined by an immigration officer for the purpose of establishing—
(a)
whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;
(b)
whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or
(c)
whether there are medical grounds on which that leave should be cancelled.
F181(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.
(9)
Cancellation of a person’s leave under sub-paragraph (8) is to be treated for the purposes of this Act and F182Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals) as if he had been refused leave to enter at a time when he had a current entry clearance.
(10)
A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.
3
(1)
(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 F183. . . 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.
Information and documents
4
(1)
It shall be the duty of any person examined under paragraph 2 F185, 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 his functions under that paragraph.
(2)
A person on his examination under paragraph 2 F185, 2A or 3 above by an immigration officer shall, if so required by the immigration officer—
(a)
produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and
(b)
declare whether or not he is carrying or conveying F186, or has carried or conveyed, documents of any relevant description specified by the immigration officer, and produce any documents of that description which he is carrying or conveying.
In paragraph (b), “relevant description” means any description appearing to the immigration officer to be relevant for the purposes of the examination.
F187(2A)
An immigration officer may detain any passport or other document produced pursuant to subparagraph (2)(a) above until the person concerned is given leave to enter the United Kingdom or is about to depart or be removed following refusal of leave.
(3)
Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying F188, or has carried or conveyed, documents of any description,
F189(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 F190or, as the case may be, has done so by the immigration officer or a person acting under the directions of the officer:
Provided that no woman or girl shall be searched except by a woman.
(4)
An immigration officer may examine any documents produced pursuant to sub-paragraph (2)(b) above or found on a search under sub-paragraph (3), and may for that purpose detain them for any period not exceeding seven days; and if on examination of any document so produced or found the immigration officer is of the opinion that it may be needed in connection with proceedings on F191an appeal under the Nationality, Immigration and Asylum Act 2002 or for an offence, he may detain it until he is satisfied that it will not be so needed.
5
The Secretary of State may by order made by statutory instrument make provision for requiring passengers disembarking or embarking in the United Kingdom, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards in such form as the Secretary of State may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers.
Notice of leave to enter or of refusal of leave
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 F192twenty-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 F192twenty-four hours, he shall (if not F193a British citizen) be deemed to have been given F192leave to enter the United Kingdom for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.
(2)
Where on a person’s examination under paragraph 2 above he is given notice of leave to enter the United Kingdom, then at any time before the end of F194twenty-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, F195and the immigration officer does not at the same time give him indefinite or limited leave to enter F196or 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.
F197 Power to require medical examination after entry
F1987
(1)
This paragraph applies if an immigration officer examining a person under paragraph 2 decides—
(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.
Removal of persons refused leave to enter and illegal entrants
8
(1)
Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below—
(a)
give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or
(b)
give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
(c)
give those owners or agents F199. . .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 F200(ignoring any period during which an appeal by him under the Immigration Acts is pending)F201except 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.
9
F202(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).
F203(2)
Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.
10
(1)
Where it appears to the Secretary of State either—
(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 F204but 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.
F20510A
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.
11
A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.
Seamen and aircrews
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.
(2)
Where a person (not being F206a 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.
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—
(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 F207a 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.
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).
(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.
15
A person in respect of whom directions are given under any of paragraphs 12 to 14 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.
Detention of persons liable to examination or removal
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.
F208(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.
F209(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 F2108 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.
(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.
F211(4A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
(1)
A person liable to be detained under paragraph 16 above may be arrested without warrant by a constable or by an immigration officer.
(2)
If—
(a)
a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person liable to be arrested under this paragraph is to be found on any premises; or
(b)
in Scotland, a sheriff, or a F212. . . justice of the peace, having jurisdiction in the place where the premises are situated is by evidence on oath so satisfied;
F215(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).
18
(1)
Persons may be detained under paragraph 16 above in such places as the Secretary of State may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft).
(2)
Where a person is detained under paragraph 16, any immigration officer, constable or prison officer, or any other person authorised by the Secretary of State, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him.
F216(2A)
The power conferred by sub-paragraph (2) includes power to take fingerprints.
(3)
Any person detained under paragraph 16 may be taken in the custody of a constable, or of any person acting under the authority of an immigration officer, to and from any place where his attendance is required for the purpose of ascertaining his citizenship or nationality or of making arrangements for his admission to a country or territory other than the United Kingdom, or where he is required to be for any other purpose connected with the operation of this Act.
(4)
A person shall be deemed to be in legal custody at any time when he is detained under paragraph 16 or is being removed in pursuance of sub-paragraph (3) above.
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 F217. . . 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 F218for any period (not exceeding 14 days) after his arrival while he was detained or liable to be detained under paragraph 16 above.
(2)
Sub-paragraph (1) above shall not apply to expenses in respect of a person who, when he arrived in the United Kingdom, held a F219certificate 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 F219certificate 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.
20
(1)
Subject to the provisions of this paragraph, in either of the following cases, that is to say,—
(a)
where directions are given in respect of an illegal entrant under paragraph 9 or 10 above; and
(b)
where a person has lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under paragraph 14;
the owners or agents of the ship or aircraft in which he arrived in the United Kingdom F220. . . 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 F221for any period (not exceeding 14 days) after his arrival while he was detained or liable to be detained under paragraph 16 above.
F222(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.
Temporary admission or release of persons liable to detention
21
(1)
A person liable to detention or detained under paragraph 16 above may, under the written authority of an immigration officer, be temporarily admitted to the United Kingdom without being detained or be released from detention; but this shall not prejudice a later exercise of the power to detain him.
(2)
So long as a person is at large in the United Kingdom by virtue of this paragraph, he shall be subject to such restrictions as to residence F223, as to his employment or occupation and as to reporting to the police or an immigration officer as may from time to time be notified to him in writing by an immigration officer.
F224(2A)
The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by regulations made by the Secretary of State.
(2B)
The regulations may, among other things, provide for the inclusion of provisions—
(a)
prohibiting residence in one or more particular areas;
(b)
requiring the person concerned to reside in accommodation provided under section 4 of the Immigration and Asylum Act 1999 and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him.
(2C)
The regulations may provide that a particular description of provision may be imposed only for prescribed purposes.
(2D)
The power to make regulations conferred by this paragraph is exercisable by statutory instrument and includes a power to make different provision for different cases.
(2E)
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.
F225(3)
Sub-paragraph (4) below applies where a person who is at large in the United Kingdom by virtue of this paragraph is subject to a restriction as to reporting to an immigration officer with a view to the conclusion of his examination under paragraph 2 F226or 2A above.
(4)
If the person fails at any time to comply with that restriction—
(a)
an immigration officer may direct that the person’s examination F227. . . shall be treated as concluded at that time; but
(b)
nothing in paragraph 6 above shall require the notice giving or refusing him leave to enter the United Kingdom to be given within twenty-four hours after that time.
22
F228(1)
The following, namely—
(a)
a person detained under paragraph 16(1) above pending examination;
F229(aa)
a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter; and
(b)
a person detained under paragraph 16(2) above pending the giving of directions,
may be released on bail in accordance with this paragraph.
(1A)
An immigration officer not below the rank of chief immigration officer or F230the Asylum and Immigration Tribunal may release a person so detained on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer at a time and place named in the recognizance or bail bond or at such other time and place as may in the meantime be notified to him in writing by an immigration officer.
(1B)
Sub-paragraph (1)(a) above shall not apply unless seven days have elapsed since the date of the person’s arrival in the United Kingdom.
(2)
The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the F231immigration officer or F230the Asylum and Immigration Tribunal to be likely to result in the appearance of the person bailed at the required time and place; and any recognizance shall be with or without sureties as the F231officer or F230the Asylum and Immigration Tribunal may determine.
(3)
In any case in which an F232immigration officer or F230the Asylum and Immigration Tribunal has power under this paragraph to release a person on bail, the F232officer or F230the Asylum and Immigration Tribunal may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by the F232officer or F230the Asylum and Immigration Tribunal; and on the recognizance or bail bond being so taken the person to be bailed shall be released.
23
(1)
Where a recognizance entered into under paragraph 22 above appears to F233the Asylum and Immigration Tribunal to be forfeited, F233the Asylum and Immigration Tribunal may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as F233the Asylum and Immigration Tribunal thinks fit; and an order under this sub-paragraph shall specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction, and—
(a)
the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified; and
F235(1A)
In sub-paragraph (1) “proper officer” means—
(a)
in relation to a magistrates’ court in England and Wales, the F236designated officer for the court; and
(b)
in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.
(2)
Where a person released on bail under paragraph 22 above as it applies in Scotland fails to comply with the terms of his bail bond, F233the Asylum and Immigration Tribunal may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by F233the Asylum and Immigration Tribunal to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.
(3)
Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the F237purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being due under a recognizance forfeited by such a court . . . F238
(4)
Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M26Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.
24
(1)
An immigration officer or constable may arrest without warrant a person who has been released by virtue of paragraph 22 above—
(a)
if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or
(b)
if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;
and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.
(2)
A person arrested under this paragraph—
(a)
if not required by a condition on which he was released to appear before an immigration officer within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before F239the Asylum and Immigration Tribunal or, if that is not practicable within those twenty-four hours, before F240in England and Wales, a justice of the peace, in Northern Ireland, a justice of the peace acting for the petty sessions area in which he is arrested or, in Scotland, the sheriff; and
(b)
if required by such a condition to appear within those twenty-four hours before an immigration officer, shall be brought before that officer.
(3)
F241Where a person is brought before the Asylum and Immigration Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff—
(a)
if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—
(i)
direct that he be detained under the authority of the person by whom he was arrested; or
(ii)
release him, on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and
(b)
if not of that opinion, shall release him on his original recognizance or bail.
25
The power to make rules of procedure conferred by F242section 106 of the Nationality, Immigration and Asylum Act 2002 (appeals) shall include power to make rules with respect to applications to F243the Asylum and Immigration Tribunal under paragraphs 22 to 24 above and matters arising out of such applications.
F244 Entry and search of premises
F24525A
(1)
This paragraph applies if—
(a)
a person is arrested under this Schedule; or
(b)
a person who was arrested by a constable (other than under this Schedule) is detained by an immigration officer under this Schedule.
(2)
An immigration officer may enter and search any premises—
(a)
occupied or controlled by the arrested person, or
(b)
in which that person was when he was arrested, or immediately before he was arrested,
for relevant documents.
(3)
The power may be exercised—
(a)
only if the officer has reasonable grounds for believing that there are relevant documents on the premises;
(b)
only to the extent that it is reasonably required for the purpose of discovering relevant documents; and
(c)
subject to sub-paragraph (4), only if a senior officer has authorised its exercise in writing.
(4)
An immigration officer may conduct a search under sub-paragraph (2)—
(a)
before taking the arrested person to a place where he is to be detained; and
(b)
without obtaining an authorisation under sub-paragraph (3)(c),
if the presence of that person at a place other than one where he is to be detained is necessary to make an effective search for any relevant documents.
(5)
An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable.
(6)
The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of—
(a)
the grounds for the search; and
(b)
the nature of the documents that were sought.
(7)
An officer searching premises under sub-paragraph (2)—
(a)
may seize and retain any documents he finds which he has reasonable grounds for believing are relevant documents; but
(b)
may not retain any such document for longer than is necessary in view of the purpose for which the person was arrested.
(8)
But sub-paragraph (7)(a) does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.
(9)
“Relevant documents” means any documents which might—
(a)
establish the arrested person’s identity, nationality or citizenship; or
(b)
indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.
(10)
“Senior officer” means an immigration officer not below the rank of chief immigration officer.
F246 Searching persons arrested by immigration officers
F24725B
(1)
This paragraph applies if a person is arrested under this Schedule.
(2)
An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
(3)
The officer may search the arrested person for—
(a)
anything which he might use to assist his escape from lawful custody; or
(b)
any document which might—
(i)
establish his identity, nationality or citizenship; or
(ii)
indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.
(4)
The power conferred by sub-paragraph (3) may be exercised—
(a)
only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and
(b)
only to the extent that it is reasonably required for the purpose of discovering any such thing.
(5)
A power conferred by this paragraph to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.
(6)
An officer searching a person under sub-paragraph (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to another person.
(7)
An officer searching a person under sub-paragraph (3)(a) may seize and retain anything he finds, if he has reasonable grounds for believing that he might use it to assist his escape from lawful custody.
(8)
An officer searching a person under sub-paragraph (3)(b) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it might be a document falling within that sub-paragraph.
(9)
Nothing seized under sub-paragraph (6) or (7) may be retained when the person from whom it was seized—
(a)
is no longer in custody, or
(b)
is in the custody of a court but has been released on bail.
F248 Searching persons in police custody
F24925C
(1)
This paragraph applies if a person—
(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).
F250 Access and copying
F25125D
(1)
If a person showing himself—
(a)
to be the occupier of the premises on which seized material was seized, or
(b)
to have had custody or control of the material immediately before it was seized,
asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.
(2)
If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for 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.
F25225E
Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.
Supplementary duties of those connected with ships or aircraft or with ports
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 F253. . . , or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be F254British citizens.
F255(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.
F256(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.
27
(1)
The captain of a ship or aircraft arriving in the United Kingdom—
(a)
shall take such steps as may be necessary to secure that persons on board do not disembark there unless either they have been examined by an immigration officer, or they disembark in accordance with arrangements approved by an immigration officer, or they are members of the crew who may lawfully enter the United Kingdom without leave by virtue of section 8(1) of this Act; and
(b)
where the examination of persons on board is to be carried out on the ship or aircraft, shall take such steps as may be necessary to secure that those to be examined are presented for the purpose in an orderly manner.
(2)
The Secretary of State may by order made by statutory instrument make provision for requiring captains of ships or aircraft arriving in the United Kingdom, or of such of them as arrive from or by way of countries or places specified in the order, to furnish to immigration officers—
(a)
a passenger list showing the names and nationality or citizenship of passengers arriving on board the ship or aircraft;
(b)
particulars of members of the crew of the ship or aircraft;
and for enabling an immigration officer to dispense with the furnishing of any such list or particulars.
F257 Supplementary duties of the Concessionaires
F25827A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F259 Passenger information
F26027B
(1)
This paragraph applies to ships or aircraft—
(a)
which have arrived, or are expected to arrive, in the United Kingdom; or
(b)
which have left, or are expected to leave, the United Kingdom.
(2)
If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information, the carrier must provide that information to the officer.
(3)
The officer may ask for passenger information relating to—
(a)
a particular ship or particular aircraft of the carrier;
(b)
particular ships or aircraft (however described) of the carrier; or
(c)
all of the carrier’s ships or aircraft.
(4)
The officer may ask for—
(a)
all passenger information in relation to the ship or aircraft concerned; or
(b)
particular passenger information in relation to that ship or aircraft.
(5)
A request under sub-paragraph (2)—
(a)
must be in writing;
(b)
must state the date on which it ceases to have effect; and
(c)
continues in force until that date, unless withdrawn earlier by written notice by an immigration officer.
(6)
The date may not be later than six months after the request is made.
(7)
The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed.
(8)
The information must be provided—
(a)
in such form and manner as the Secretary of State may direct; and
(b)
at such time as may be stated in the request.
(9)
“Passenger information” means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified.
(10)
“Specified” means specified in an order made by statutory instrument by the Secretary of State.
(11)
Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F261 Notification of non-EEA arrivals
F26227C
(1)
If a senior officer, or an immigration officer authorised by a senior officer, gives written notice to the owner or agent (“the carrier”) of a ship or aircraft, the carrier must inform a relevant officer of the expected arrival in the United Kingdom of any ship or aircraft—
(a)
of which he is the owner or agent; and
(b)
which he expects to carry a person who is not an EEA national.
(2)
The notice may relate to—
(a)
a particular ship or particular aircraft of the carrier;
(b)
particular ships or aircraft (however described) of the carrier; or
(c)
all of the carrier’s ships or aircraft.
(3)
The notice—
(a)
must state the date on which it ceases to have effect; and
(b)
continues in force until that date, unless withdrawn earlier by written notice given by a senior officer.
(4)
The date may not be later than six months after the notice is given.
(5)
The fact that a notice under sub-paragraph (1) has ceased to have effect as a result of sub-paragraph (3) does not prevent the notice from being renewed.
(6)
The information must be provided—
(a)
in such form and manner as the notice may require; and
(b)
before the ship or aircraft concerned departs for the United Kingdom.
(7)
If a ship or aircraft travelling to the United Kingdom stops at one or more places before arriving in the United Kingdom, it is to be treated as departing for the United Kingdom when it leaves the last of those places.
(8)
“Senior officer” means an immigration officer not below the rank of chief immigration officer.
(9)
“Relevant officer” means—
(a)
the officer who gave the notice under sub-paragraph (1); or
(b)
any immigration officer at the port at which the ship or aircraft concerned is expected to arrive.
(10)
“EEA national” means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being.
Part II Effect of Appeals
Stay on directions for removal
F26328
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grant of bail pending appeal
29
(1)
Where a person (in the following provisions of this Schedule referred to as “an appellant”) has an appeal pending under F264Part 5 of the Nationality, Immigration and Asylum Act 2002and is for the time being detained under Part I of this Schedule, he may be released on bail in accordance with this paragraph.
(2)
An immigration officer not below the rank of chief immigration officer or a police officer not below the rank of inspector may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before F265the Asylum and Immigration Tribunal at a time and place named in the recognizance or bail bond.
(3)
(4)
F270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
The conditions of a recognizance or bail bond taken under this paragraph may include conditions appearing to the person fixing the bail to be likely to result in the appearance of the appellant at the time and place named; and any recognizance shall be with or without sureties as that person may determine.
(6)
In any case in which F271the Asylum and Immigration Tribunal has power or is required by this paragraph to release an appellant on bail, F272the Tribunal may, instead of taking the bail, fix the amount and conditions of the bail (including the amount in which any sureties are to be bound) with a view to its being taken subsequently by any such person as may be specified by F273the Tribunal ; and on the recognizance or bail bond being so taken the appellant shall be released.
Restrictions on grant of bail
30
(1)
An appellant shall not be released under paragraph 29 above without the consent of the Secretary of State if directions for the removal of the appellant from the United Kingdom are for the time being in force, or the power to give such directions is for the time being exercisable.
(2)
Notwithstanding paragraph 29(3) or (4) above, F274the Tribunal shall not be obliged to release an appellant unless the appellant enters into a proper recognizance, with sufficient and satisfactory sureties if required, or in Scotland sufficient and satisfactory bail is found if so required; and F274the Tribunal shall not be obliged to release an appellant if it appears to F275the Tribunal—
(a)
that the appellant, having on any previous occasion been released on bail (whether under paragraph 24 or under any other provision), has failed to comply with the conditions of any recognizance or bail bond entered into by him on that occasion;
(b)
that the appellant is likely to commit an offence unless he is retained in detention;
(c)
that the release of the appellant is likely to cause danger to public health;
(d)
that the appellant is suffering from mental disorder and that his continued detention is necessary in his own interests or for the protection of any other person; or
(e)
that the appellant is under the age of seventeen, that arrangements ought to be made for his care in the event of his release and that no satisfactory arrangements for that purpose have been made.
Forfeiture of recognizances
31
(1)
Where under paragraph 29 above (as it applies in England and Wales or in Northern Ireland) a recognizance is entered into conditioned for the appearance of an appellant before F276the Tribunal , and it appears to F277the Tribunal , to be forfeited, F278the Tribunal may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as F278the Tribunal thinks fit.
(2)
An order under this paragraph shall, for the purposes of this sub-paragraph, specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified.
(3)
F280(3A)
In sub-paragraph (3) “proper officer” means—
(a)
in relation to a magistrates’ court in England and Wales, the F281designated officer for the court; and
(b)
in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.
(4)
Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the F282purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being due under a recognizance forfeited by such a court . . . F283
(5)
Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M27Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.
32
Where under paragraph 29 above (as it applies in Scotland) a person released on bail fails to comply with the terms of a bail bond conditioned for his appearance before F284the Tribunal , F285the Tribunal may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by F286the Tribunal to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.
Arrest of appellants released on bail
33
(1)
An immigration officer or constable may arrest without warrant a person who has been released by virtue of this Part of this Schedule—
(a)
if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or
(b)
if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety’s belief that that person is likely to break the first-mentioned condition, and of the surety’s wish for that reason to be relieved of his obligations as a surety;
and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.
(2)
A person arrested under this paragraph—
(a)
if not required by a condition on which he was released to appear before F287the Tribunal within twenty-four hours after the time of his arrest, shall as soon as practicable be brought F288before the Tribunal or, if that is not practicable within those twenty-four hours, before F289in England and Wales, a justice of the peace, in Northern Ireland, a justice of the peace acting for the petty sessions area in which he is arrested or, in Scotland, the sheriff; and
(3)
F292Where a person is brought before the Asylum and Immigration Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff—
(a)
if of the opinion that that person has broken or is likely to break any condition on which he was released, may either—
(i)
direct that he be detained under the authority of the person by whom he was arrested; or
(ii)
release him on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and
(b)
if not of that opinion, shall release him on his original recognizance or bail.
F293Grant of bail pending removal
F29434
(1)
Paragraph 22 above shall apply in relation to a person—
(a)
directions for whose removal from the United Kingdom are for the time being in force; and
(b)
who is for the time being detained under Part I of this Schedule,
as it applies in relation to a person detained under paragraph 16(1) above pending examination F295, detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enteror detained under paragraph 16(2) above pending the giving of directions.
(2)
Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.
SCHEDULE 3 Supplementary Provisions as to Deportation
Removal of persons liable to deportation
1
(1)
Where a deportation order is in force against any person, the Secretary of State may give directions for his removal to a country or territory specified in the directions being either—
(a)
a country of which he is a national or citizen; or
(b)
a country or territory to which there is reason to believe that he will be admitted.
(2)
The directions under sub-paragraph (1) above may be either—
(a)
directions given to the captain of a ship or aircraft about to leave the United Kingdom requiring him to remove the person in question in that ship or aircraft; or
(b)
directions given to the owners or agents of any ship or aircraft requiring them to make arrangements for his removal in a ship or aircraft specified or indicated in the directions; or
(c)
directions for his removal in accordance with arrangements to be made by the Secretary of State.
(3)
In relation to directions given under this paragraph, paragraphs 11 and 16(4) of Schedule 2 to this Act shall apply, with the substitution of references to the Secretary of State for references to an immigration officer, as they apply in relation to directions for removal given under paragraph 8 of that Schedule.
(4)
The Secretary of State, if he thinks fit, may apply in or towards payment of the expenses of or incidental to the voyage from the United Kingdom of a person against whom a deportation order is in force, or the maintenance until departure of such a person and his dependants, if any, any money belonging to that person; and except so far as they are paid as aforesaid, those expenses shall be defrayed by the Secretary of State.
Detention or control pending deportation
2
(1)
Where a recommendation for deportation made by a court is in force in respect of any person, F296and that person is not detained in pursuance of the sentence or order of any court , he shall, unless the court by which the recommendation is made otherwise directs F297or a direction is given under sub-paragraph (1A) below, be detained pending the making of a deportation order in pursuance of the recommendation, unless the Secretary of State directs him to be released pending further consideration of his case F298or he is released on bail.-
F299(1A)
Where—
(a)
a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and
(b)
he appeals against his conviction or against that recommendation,
the powers that the court determining the appeal may exercise include power to direct him to be released without setting aside the recommendation.
(2)
Where notice has been given to a person in accordance with regulations under F300section 105 of the Nationality, Immigration and Asylum Act 2002 (notice of decision) of a decision to make a deportation order against him, F301and he is not detained in pursuance of the sentence or order of a court , he may be detained under the authority of the Secretary of State pending the making of the deportation order.
(3)
Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained unless F302he is released on bail or the Secretary of State directs otherwise).
(4)
In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17 F303,18 and 25A to 25E of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule.
F304(4A)
Paragraphs 22 to 25 of Schedule 2 to this Act apply in relation to a person detained under sub-paragraph (1), (2) or (3) as they apply in relation to a person detained under paragraph 16 of that Schedule.
F305(5)
(6)
The persons to whom sub-paragraph (5) above applies are—
(a)
a person liable to be detained under sub-paragraph (1) above, while by virtue of a direction of the Secretary of State he is not so detained; and
(b)
a person liable to be detained under sub-paragraph (2) or (3) above, while he is not so detained.
Effect of appeals
F3083
So far as they relate to an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 against a decision of the kind referred to in section 82(2)(j) or (k) of that Act (decision to make deportation order and refusal to revoke deportation order), paragraphs 29 to 33 of Schedule 2 to this Act shall apply for the purposes of this Schedule as if the reference in paragraph 29(1) to Part I of that Schedule were a reference to this Schedule.
Powers of courts pending deportation
F3094
Where the release of a person recommended for deportation is directed by a court, he shall be subject to such restrictions as to residence F310, as to his employment or occupation and as to reporting to the police as the court may direct.
5
(1)
On an application made—
(a)
by or on behalf of a person recommended for deportation whose release was so directed; or
(b)
by a constable; or
(c)
by an immigration officer,
the appropriate court shall have the powers specified in sub-paragraph (2) below.
(2)
The powers mentioned in sub-paragraph (1) above are—
(a)
if the person to whom the application relates is not subject to any such restrictions imposed by a court as are mentioned in paragraph 4 above, to order that he shall be subject to any such restrictions as the court may direct; and
(b)
if he is subject to such restrictions imposed by a court by virtue of that paragraph or this paragraph—
(i)
to direct that any of them shall be varied or shall cease to have effect; or
(ii)
to give further directions as to his residence and reporting.
6
(1)
In this Schedule “the appropriate court” means, except in a case to which sub-paragraph (2) below applies, the court which directed release.
(2)
This sub-paragraph applies where the court which directed release was—
(a)
the Crown Court;
(b)
the Court of Appeal;
(c)
the High Court of Justiciary;
(d)
the Crown Court in Northern Ireland; or
(e)
the Court of Appeal in Northern Ireland.
F311(2A)
Where the Crown Court directed release, the appropriate court is that court or a magistrates' court.
(3)
Where F312. . . the Crown Court in Northern Ireland directed release, the appropriate court is—
(a)
the court that directed release; or
(b)
a magistrates’ court acting for the F312. . . county court division where the person to whom the application relates resides.
(4)
Where the Court of Appeal or the Court of Appeal in Northern Ireland gave the direction, the appropriate court is the Crown Court or the Crown Court in Northern Ireland, as the case may be.
(5)
Where the High Court of Justiciary directed release, the appropriate court is—
(a)
that court; or
(b)
in a case where release was directed by that court on appeal, the court from which the appeal was made.
7
(1)
A constable or immigration officer may arrest without warrant any person who is subject to restrictions imposed by a court under this Schedule and who at the time of the arrest is in the relevant part of the United Kingdom—
(a)
if he has reasonable grounds to suspect that that person is contravening or has contravened any of those restrictions; or
(b)
if he has reasonable grounds for believing that that person is likely to contravene any of them.
(2)
In sub-paragraph (1) above “the relevant part of the United Kingdom” means—
(a)
England and Wales, in a case where a court with jurisdiction in England or Wales imposed the restrictions;
(b)
Scotland, in a case where a court with jurisdiction in Scotland imposed them; and
(c)
Northern Ireland, in a case where a court in Northern Ireland imposed them.
8
(1)
A person arrested in F313England or Wales in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within twenty-four hours after his arrest before a justice of the peace in England or Wales, and a person arrested in Northern Ireland in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions F314. . . district in which he was arrested.
(2)
In reckoning for the purposes of this paragraph any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
9
(1)
A person arrested in Scotland in pursuance of paragraph 7 above shall wherever practicable be brought before the appropriate court not later than in the course of the first day after his arrest, such day not being a Saturday, a Sunday or a court holiday prescribed for that court under section 10 of the M28Bail etc. (Scotland) Act 1980.
(2)
Nothing in this paragraph shall prevent a person arrested in Scotland being brought before a court on a Saturday, a Sunday or such a court holiday as is mentioned in sub-paragraph (1) above where the court is, in pursuance of section 10 of the said Act of 1980, sitting on such day for the disposal of criminal business.
10
Any justice of the peace or court before whom a person is brought by virtue of paragraph 8 or 9 above—
(a)
if of the opinion that that person is contravening, has contravened or is likely to contravene any restriction imposed on him by a court under this Schedule, may direct—
(i)
that he be detained; or
(ii)
that he be released subject to such restrictions as to his residence and reporting to the police as the court may direct; and
(b)
if not of that opinion, shall release him without altering the restrictions as to his residence and his reporting to the police.
SCHEDULE 4 Integration with United Kingdom Law of Immigration Law of Islands
Leave to enter
1
(1)
Where under the immigration laws of any of the Islands a person is or has been given leave to enter or remain in the island, or is or has been refused leave, this Act shall have effect in relation to him, if he is not F315a British citizen, as if the leave were leave (of like duration) given under this Act to enter or remain in the United Kingdom, or, as the case may be, as if he had under this Act been refused leave to enter the United Kingdom.
(2)
Where under the immigration laws of any of the Islands a person has a limited leave to enter or remain in the island subject to any such conditions as are authorised in the United Kingdom by section 3(1) of this Act (being conditions imposed by notice given to him, whether the notice of leave or a subsequent notice), then on his coming to the United Kingdom this Act shall apply, if he is not F315a British citizen, as if those conditions related to his stay in the United Kingdom and had been imposed by notice under this Act.
(3)
Without prejudice to the generality of sub-paragraphs (1) and (2) above, anything having effect in the United Kingdom by virtue of either of those sub-paragraphs may in relation to the United Kingdom be varied or revoked under this Act in like manner, and subject to the like appeal (if any), as if it had originated under this Act as mentioned in that sub-paragraph.
(4)
Where anything having effect in the United Kingdom by virtue of sub-paragraph (1) or (2) above ceases to have effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise by anything done under this Act, sub-paragraph (1) or (2) shall not thereafter apply to it or, as the case may be, shall apply to it as so altered in effect.
(5)
Nothing in this paragraph shall be taken as conferring on a person a right of appeal under this Act against any decision or action taken in any of the Islands.
2
Notwithstanding section 3(4) of this Act, leave given to a person under this Act to enter or remain in the United Kingdom shall not continue to apply on his return to the United Kingdom after an absence if he has during that absence entered any of the Islands in circumstances in which he is required under the immigration laws of that island to obtain leave to enter.
Deportation
F3163
(1)
This Act has effect in relation to a person who is subject to an Islands deportation order as if the order were a deportation order made against him under this Act.
(2)
Sub-paragraph (1) does not apply if the person concerned is—
(a)
a British citizen;
(b)
an EEA national;
(c)
a member of the family of an EEA national; or
(d)
a member of the family of a British citizen who is neither such a citizen nor an EEA national.
(3)
The Secretary of State does not, as a result of sub-paragraph (1), have power to revoke an Islands deportation order.
(4)
In any particular case, the Secretary of State may direct that paragraph (b), (c) or (d) of sub-paragraph (2) is not to apply in relation to the Islands deportation order.
(5)
Nothing in this paragraph makes it unlawful for a person in respect of whom an Islands deportation order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom.
(6)
“Islands deportation order” means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return.
(7)
Subsections (10) and (12) to (14) of section 80 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section.
Illegal entrants
4
Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a person who is not F317a British citizen to enter the United Kingdom from any of the Islands where his presence was unlawful under the immigration laws of that island, unless he is given leave to enter.
F318SCHEDULE 5 The Adjudicators and the Tribunal
Part I The Adjudicators
1
2
(1)
F321Subject to the following provisions of this paragraphAn adjudicator shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
(2)
An adjudicator may at any time by notice in writing to the F322Lord Chancellor resign his office.
F323(3)
An adjudicator shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
3
(a)
to the adjudicators, such remuneration and allowances as he may, with the approval of F326the Treasury, determine;
(b)
as regards any of the adjudicators in whose case he may so determine with the approval of F326the Treasury, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;
and, if a person ceases to be an adjudicator and it appears to the F325Lord Chancellor that there are special circumstances which make it right that that person should receive compensation, the F325Lord Chancellor may, with the approval of F326the Treasury, pay to that person a sum of such amount as the F325Lord Chancellor may, with the approval of F326the Treasury, determine.
F327(2)
Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
F328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
Part II The Tribunal
Members
6
The Tribunal shall consist of such number of members as the Lord Chancellor may determine, and the Lord Chancellor shall appoint one of them to be president.
7
The president and such number of the other members of the Tribunal as the Lord Chancellor may determine shall be
F330(a)
persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b)
advocates or solicitors in Scotland of a least 7 years’ standing; or
(c)
members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of a least 7 years’ standing.
8
(1)
F331Subject to the following provisions of this paragraphA member of the Tribunal shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
(2)
Any member of the Tribunal may at any time by notice in writing to the Lord Chancellor resign his office.
F332(3)
A member of the Tribunal shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
9
(a)
to the members of the Tribunal, such remuneration and allowances as he may, with the approval of F335the Treasury, determine;
(b)
as regards any member in whose case he may so determine with the approval of F335the Treasury, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;
and, if a person ceases to be a member of the Tribunal and it appears to the F334Lord Chancellor that there are special circumstances which make it right that that person should receive compensation, the F334Lord Chancellor may, with the approval of F335the Treasury, pay to that person a sum of such amount as the F334Lord Chancellor may, with the approval of F335the Treasury, determine.
F336(2)
Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
F337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Proceedings
11
For the purpose of hearing and determining appeals under Part II of this Act or any matter preliminary or incidental to any such appeal, the Tribunal shall sit at such times and in such place or places as the Lord Chancellor may direct, and may sit in two or more divisions.
12
Subject to rules of procedure, the Tribunal shall be deemed to be duly constituted if it consists of three members (or a greater uneven number of members) of whom at least one is qualified as mentioned in paragraph 7 of this Schedule; and the determination of any question before the Tribunal shall be according to the opinion of the majority of the members hearing the case.
13
The Lord Chancellor may appoint members of the Tribunal who are qualified as mentioned in paragraph 7 of this Schedule to act on behalf of the president in his temporary absence or inability to act.
14
The president or, in his absence, the member qualified as mentioned in paragraph 7 of this Schedule (or, if there is more than one such member present, the senior of them) shall preside at a sitting of the Tribunal.
