SCHEDULES

SCHEDULE 2 Administrative Provisions as to Control on Entry etc.

Part I General Provisions

Detention of persons liable to examination or removal

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(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 F1. . . 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 F2for 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 F3certificate 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 F3certificate 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.