Immigration Act 1971

[F1 Examination of persons who arrive with continuing leave] U.K.

Textual Amendments

F1 Heading inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 57; S.I. 2000/168, art. 2, Sch

[F2 2A (1) This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival. U.K.

(2) He may be examined by an immigration officer for the purpose of establishing—

(a) whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;

(b) whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or

(c) whether there are medical grounds on which that leave should be cancelled.

[F3 (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 [F4 Part 5 of the Nationality, Immigration and Asylum Act 2002 [F5 (appeals in respect of protection and human rights claims) ]] 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.]

Textual Amendments

F2 Sch. 2 para. 2A inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 58; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F3 Sch. 2 para. 2A(2A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 18; S.I. 2004/2523, art. 2, Sch.

F4 Words in Sch. 2 para. 2A(9) substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 2; S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

F5 Words in Sch. 2 para. 2A(9) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 23; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C1 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

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

3 (1) An immigration officer [F6 or designated person] may examine any person who is embarking or seeking to embark in the United Kingdom F7 . . .for the purpose of determining whether he is [F8 a British citizen][F9 and, if he is not a British citizen, for the purpose of establishing— U.K.

(a) his identity;

(b) whether he entered the United Kingdom lawfully;

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

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

[F10 (1A) If a person is examined under sub-paragraph (1) (whether by an immigration officer or designated person), an immigration officer may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified in that sub-paragraph.]

(2) So long as any Order in Council is in force under section 3(7) of this Act, an immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom F7 . . . for the purpose of determining—

(a) whether any of the provisions of the Order apply to him; and

(b) whether, if so, any power conferred by the Order should be exercised in relation to him and in what way.]

Textual Amendments

F6 Words in Sch. 2 para. 3(1) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 2(2); S.I. 2014/1820, art. 3(bb)

F7 Words in Sch. 2 para. 3(1)(2) repealed (2.8.1993) by S.I. 1993/1813 arts. 1, 9, Sch. 6 Pt. I

F8 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F9 Words in Sch. 2 para. 3 substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 42(2); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F10 Sch. 2 para. 3(1A) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 2(3); S.I. 2014/1820, art. 3(bb)

Modifications etc. (not altering text)

C2 Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)