Immigration Act 1971

SCHEDULES

F1 F1 SCHEDULE 1 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 repealed (1.1.1983) by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 9 (with Sch. 8 para. 8); S.I. 1982/933, art. 2 [Editorial note: According to the Chronological Table of the Statutes (1951-1987) (HMSO, 1989) there were no amendments made to Sch. 1 between the date of Royal Assent and its substitution on 1.1.1983 and therefore the text of Sch. 1 as in force immediately before the commencement of the British Nationality Act 1981 is the same as that of the Original (As enacted) Version of this Schedule.]

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

Modifications etc. (not altering text)

C1 Sch. 2 modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(b); S.I. 1991/1072, art. 2, Sch. Pt.I

C2 Sch. 2 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(11) (as amended: (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11; (30.7.2000) by S.I. 2000/1775, arts. 1, 2(2); (25.5.2001) by S.I. 2001/1544, arts. 1(2), 6(3) (as itself amended (2.1.2008) by S.I. 2007/3579, art. 2(2)(3)); (5.8.2014) by S.I. 2014/1814, arts. 1, 2(3)(4); and (30.9.2020) by S.I. 2020/915, arts. 1(2), 5(5))

Sch. 2 extended (with modifications): (Guernsey) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1; (Jersey) (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

Sch. 2 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

Sch. 2 amended (2.10.2000) by 1999 c. 33, s. 66; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 extended (10.2.2003) (with modifications) by 2002 c. 41, s. 62(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Sch. 2 amended (1.4.2003) by 2002 c. 41, s. 68 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2) (as amended by S.I. 2003/1040 and S.I. 2003/1339)

C3 Sch. 2 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(4) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(c))

C4 Sch. 2 applied in part (with modifications) by S.I. 2006/1003, reg. 29AA(6)(7) (as inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 8 (with reg. 4))

C5 Sch. 2 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 40(7), 41(7)

C6 Sch. 2 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 55(7)(b) (with reg. 3)

C7 Sch. 2 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 21(8)(b) (with reg. 3)

C8 Schs. 2-4: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)

C9 Sch. 2 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6

C10 Sch. 2 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

Part I U.K. General Provisions

Modifications etc. (not altering text)

C11 Sch. 2 Pt. I applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

C12 Sch. 2 Pt. I applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 40(4)

Immigration officers and medical inspectors U.K.

1 (1) Immigration officers for the purposes of this Act shall be appointed by the Secretary of State, and he may arrange with the Commissioners of Customs and Excise for the employment of officers of customs and excise as immigration officers under this Act. U.K.

(2) Medical inspectors for the purposes of this Act may be appointed by the Secretary of State or, in Northern Ireland, by the Minister of Health and Social Services or other appropriate Minister of the Government of Northern Ireland in pursuance of arrangements made between that Minister and the Secretary of State, and shall be fully qualified medical practitioners.

[F2 (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 [F3 or 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 [F3 or 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.

Textual Amendments

F2 Sch. 2 para. 1(2A) inserted (23.9.2004) by Health Protection Agency Act 2004 (c. 17), ss. 11(1), 12(3), Sch. 3 para. 3

F3 Words in Sch. 2 para. 1(4)(5) substituted (2.8.1993) by S.I. 1993/1813, arts. 8, 1, Sch. 5 para. 1(a)

Modifications etc. (not altering text)

C13 Reference to Minister of Health and Social Services in para. 1(2) to be construed as reference to head of Department of Health and Social Services and reference to other appropriate Minister of the Government of Northern Ireland to be construed as reference to the head of a Northern Ireland Department: Northern Ireland Constitution Act 1973 (c. 36), s. 7

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

C14 Sch. 2 para. 1(3): transfer of certain functions (S.)(1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Examination by immigration officers, and medical examination U.K.

2 (1) An immigration officer may examine any persons who have arrived in the United Kingdom by ship [F4 or aircraft] (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) for the purpose of determining— U.K.

(a) whether any of them is or is not [F5 a British citizen]; and

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

[F6 (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.][F7 ; and

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

(2) Any such person, if he is seeking to enter the United Kingdom, may be examined also by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.

(3) A person, on being examined under this paragraph by an immigration officer or medical inspector, may be required in writing by him to submit to further examination; but a requirement under this sub-paragraph shall not prevent a person who arrives as a transit passenger, or as a member of the crew of a ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.

Textual Amendments

F4 Words in Sch. 2 para. 2(1) substituted (2.8.1993) by S.I. 1993/1813, arts 8, 1, Sch. 5 para. 1(b)

F5 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F6 Sch. 2 para. 2(1)(c) substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 56; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F7 Sch. 2 para. 2(1)(d) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(2), 94(1); S.I. 2016/603, reg. 3(g)

Modifications etc. (not altering text)

C15 Sch. 2 para. 2 excluded by Immigration Act 1988 (c. 14, SIF 62), s. 8(4)

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

C16 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)

[F8 Examination of persons who arrive with continuing leave] U.K.

Textual Amendments

F8 Heading inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 57; S.I. 2000/168, art. 2, Sch

[F9 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.

[F10 (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.

F11 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F9 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.)

F10 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.

F11 Sch. 2 para. 2A(9) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 65(1), 94(1) (with s. 65(3)); S.I. 2016/1037, reg. 5(h)

Modifications etc. (not altering text)

C17 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 [F12 or designated person] may examine any person who is embarking or seeking to embark in the United Kingdom F13 . . .for the purpose of determining whether he is [F14 a British citizen][F15 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.

[F16 (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 F13 . . . 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

F12 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)

F13 Words in Sch. 2 para. 3(1)(2) repealed (2.8.1993) by S.I. 1993/1813 arts. 1, 9, Sch. 6 Pt. I

F14 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F15 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)

F16 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)

C18 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)

Information and documents U.K.

4 (1) It shall be the duty of any person examined under paragraph 2[F17 , 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 [F18 that or any other person's functions] under that paragraph. U.K.

(2) A person on his examination under paragraph 2[F17 , 2A] or 3 above by an immigration officer [F19 , or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer or designated person ] —

(a) produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and

(b) declare whether or not he is carrying or conveying [F20 , or has carried or conveyed,] documents of any relevant description specified by [F21 the immigration officer or designated person], and produce any documents of that description which he is carrying or conveying.

In paragraph (b), “relevant description” means any description appearing to [F22 the immigration officer or designated person] to be relevant for the purposes of the examination.

(2A) F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying [F24 , or has carried or conveyed,] documents of any description,

F25 [(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 [F26 or, as the case may be, has done] so by [F27 an immigration officer or a person acting under the directions of an immigration officer] :

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

[F28 (4) Where a passport or other document is [F29 produced to or found by an immigration officer] in accordance with this paragraph[F30 , the immigration officer] may examine it and detain it—

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

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

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

[F31 (4A) Where a passport or other document is produced to a designated person in accordance with this paragraph, the designated person—

(a) may examine it and detain it; and

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

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

(5) For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination[F32 , or any immigration officer or designated person,] may require the person being examined to provide [F33 biometric] information (whether or not by submitting to a process by means of which information is obtained or recorded) F34 ....]

[F35 (6) Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.]

[F36 (7) A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless—

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

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

(i) P's parent or guardian, or

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

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

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

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

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

Textual Amendments

F17 Words in Sch. 2 para. 4(1)(2) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 58; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F18 Words in Sch. 2 para. 4(1) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(2); S.I. 2014/1820, art. 3(bb)

F19 Words in Sch. 2 para. 4(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(a); S.I. 2014/1820, art. 3(bb)

F20 Words in Sch. 2 para. 4(2)(b) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(1); S.I. 1996/2053, art. 2, Sch. Pt. III

F21 Words in Sch. 2 para. 4(2)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(b); S.I. 2014/1820, art. 3(bb)

F22 Words in Sch. 2 para. 4(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(c); S.I. 2014/1820, art. 3(bb)

F23 Sch. 2 para. 4(2A) repealed (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. {27(2)}, 61, {Sch. 3}; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F24 Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(a); S.I. 1996/2053, art. 2, Sch. Pt. III

F25 Sch. 2 para. 4(3)(a)(b) substituted (1.10.1996) for words by 1996 c. 49, s 12(1), Sch. 2 para. 5(2)(b); S.I. 1996/2053, art. 2, Sch. Pt. III

F26 Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(c); S.I. 1996/2053, art. 2, Sch. Pt. III

F27 Words in Sch. 2 para. 4(3) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(4); S.I. 2014/1820, art. 3(bb)

F28 Sch. 2 para. 4(4)(5) substituted (31.8.2006) for Sch. 2 para. 4(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 27(1); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F29 Words in Sch. 2 para. 4(4) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(5)(a); S.I. 2014/1820, art. 3(bb)

F30 Words in Sch. 2 para. 4(4) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(5)(b); S.I. 2014/1820, art. 3(bb)

F31 Sch. 2 para. 4(4A)(4B) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(6); S.I. 2014/1820, art. 3(bb)

F32 Words in Sch. 2 para. 4(5) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(7); S.I. 2014/1820, art. 3(bb)

F33 Word in Sch. 2 para. 4(5) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(2)(a); S.I. 2014/1820, art. 3(z)

F34 Words in Sch. 2 para. 4(5) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(2)(b); S.I. 2014/1820, art. 3(z)

F35 Sch. 2 para. 4(6) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(3); S.I. 2014/1820, art. 3(z)

F36 Sch. 2 para. 4(7)-(9) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 13(2), 75(3); S.I. 2014/1820, art. 3(l)

Modifications etc. (not altering text)

C19 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. 4 modified (18.7.2001) by S.I. 2001/2590, art. 3

5 U.K. The Secretary of State may by order made by statutory instrument make provision for [F37 requiring—

(a) passengers] disembarking or embarking in the United Kingdom, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation [F38 cards, and

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

in such form] as the Secretary of State may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers.

Textual Amendments

F37 Word preceding and in Sch. 2 para. 5(a) substituted for words (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 4(2); S.I. 2014/1820, art. 3(bb)

F38 Sch. 2 para. 5(b) and surrounding words substituted for words (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 4(3); S.I. 2014/1820, art. 3(bb)

Modifications etc. (not altering text)

C20 Sch. 2 para. 5 modified (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4, Sch. 2 para. 4(6)

[F39 Designated persons U.K.

Textual Amendments

F39 Sch. 2 para. 5A and cross-heading inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 5; S.I. 2014/1820, art. 3(bb)

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

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

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

(4) A designation under this paragraph—

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

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

(c) may be varied.

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

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

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

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

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

[F40 Directions to carriers and operators of ports etc U.K.

Textual Amendments

F40 Sch. 2 para. 5B and cross-heading inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 6; S.I. 2014/1820, art. 3(bb)

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

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

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

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

(2) A direction under this paragraph must specify—

(a) the port where, and

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

a function is to be exercised under the arrangements.

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

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

(a) the destination to which persons are travelling;

(b) the route by which persons are travelling;

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

(5) In this paragraph—

• “function” means a function under this Schedule;

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

Notice of leave to enter or of refusal of leave U.K.

6 (1) Subject to sub-paragraph (3) below, where a person examined by an immigration officer under paragraph 2 above is to be given a limited leave to enter the United Kingdom or is to be refused leave, the notice giving or refusing leave shall be given not later than [F41 twenty-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 [F41 twenty-four hours], he shall (if not [F42 a British citizen]) be deemed to have been given [F41 leave to enter the United Kingdom for a period of six months subject to a condition prohibiting his taking employment] and the immigration officer shall as soon as may be give him written notice of that leave. U.K.

(2) Where on a person’s examination under paragraph 2 above he is given notice of leave to enter the United Kingdom, then at any time before the end of [F43 twenty-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, [F44 and the immigration officer does not at the same time give him indefinite or limited leave to enter [F45 or require him to submit to further examination], he shall be deemed to have been given leave to enter for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.]

(4) Where an entrant is a member of a party in charge of a person appearing to the immigration officer to be a responsible person, any notice to be given in relation to that entrant in accordance with this paragraph shall be duly given if delivered to the person in charge of the party.

Textual Amendments

F41 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. paras. 7, 8(1)(3) respectively

F42 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F43 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 7

F44 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 8(2)(3)

F45 Words in s. 6(3) inserted (8.1.2003) by 2002 c. 41, s. 119, (with s. 159); S.I. 2002/2811, art. 2, Sch.

Modifications etc. (not altering text)

C21 Sch. 2 para. 6(2) applied (with modifications) by S.I. 2006/1003, reg. 23A (as inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 9)

C22 Sch. 2 para. 6(2) applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 31(2)(a)

C23 Sch. 2 para. 6(3)(4) modified by Immigration Act 1988 (c. 14, SIF 62), s. 8(6)

[F46 Power to require medical examination after entry] U.K.

Textual Amendments

F46 Heading substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 59; S.I. 2000/168, art. 2, Sch

[F47 7 (1) This paragraph applies if an immigration officer examining a person under paragraph 2 decides— U.K.

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

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

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

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

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

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

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

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

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

(a) a medical inspector; or

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

Textual Amendments

F47 Sch. 2 para. 7 substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 59; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C24 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)

C25 Sch. 2 para. 7(1)(3)(4) modified (18.7.2001) by S.I. 2001/2590, art. 3

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

8 (1) Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below— U.K.

(a) give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or

(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

(c) give those owners or agents F48 . . .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 [F49 (ignoring any period during which an appeal by him under the Immigration Acts is pending)][F50 except that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person].

Textual Amendments

F48 Words in Sch. 2 para. 8(1)(c) repealed (2.8.1993) by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I

F49 Words in Sch. 2 para. 8(2) inserted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 4 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and S.I. 2003/1339))

F50 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 9(1)(4)

Modifications etc. (not altering text)

C26 Sch. 2 para. 8 applied (2.10.2000 with application as mentioned in reg. 9 of the applying S.I.) by S.I. 2000/2326, reg. 25(3)(a)

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

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

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

C27 Sch. 2 para. 8 applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

C28 Sch. 2 para. 8(2) amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 13; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

C29 Sch. 2 para. 8(2) modified (2.10.2000 with application as mentioned in regs. 9, 28 of the modifying S.I.) by S.I. 2000/2326, reg. 32(4)(7) (as substituted (1.4.2003) for reg. 34(4)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

9 [F51 (1)] Where an illegal entrant is not given leave to enter or remain in the United Kingdom, an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1). U.K.

F52 [(2) Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.]

Textual Amendments

F51 Sch 2 para. 9 renumbered as 9(1) (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.6; S.I. 1996/2053, art. 2, Sch. Pt.III

F52 Sch. 2 para. 9(2) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.6; S.I. 1996/2053, art. 2, Sch. Pt.III

Modifications etc. (not altering text)

C30 Sch. 2 para. 9 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

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

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

10 (1) Where it appears to the Secretary of State either— U.K.

(a) that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or

(b) that directions might have been given in respect of a person under paragraph 8 above [F53 but that the requirements of paragraph 8(2) have not been complied with];

then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(c).

(2) Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).

(3) The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.

Textual Amendments

F53 Words substituted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 9(2)(4)

Modifications etc. (not altering text)

C31 Sch. 2 para. 10 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 10 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)

Sch. 2 para. 10 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

C32 Sch. 2 para. 10 applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

[F54 10A U.K. Where directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.]

Textual Amendments

F54 Sch. 2 para. 10A inserted (10.2.2003) by 2002 c. 41, s. 73(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C33 Sch. 2 para. 10A applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

11 U.K. A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer [F55 or the Secretary of State], on board any ship or aircraft in which he is to be removed in accordance with the directions.

Textual Amendments

F55 Words in Sch. 2 para. 11 inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 1; S.I. 2014/2771, arts. 2(e), 4(g) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C34 Sch. 2 para. 11 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), ss. 9(4), 10(9)(a) (as substituted (20.10.2014) by 2014 c. 22, ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision was extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Sch. 2 para. 11 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3) (with regs. 9, 28)

Sch. 2 para. 11 applied (with modifications) (12.7.2002) by S.I. 2002/1832, art. 2(2), Sch.

C35 Sch. 2 para. 11 applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

Seamen and aircrews U.K.

12 (1) If, on a person’s examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he has come to the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew, then the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom by requiring him to leave the United Kingdom in a ship or aircraft specified or indicated by the notice giving leave. U.K.

(2) Where a person (not being [F56 a British citizen]) arrives in the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew and, having been given leave to enter as mentioned in sub-paragraph (1) above, remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so, an immigration officer may—

(a) give the captain of that ship or aircraft directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or

(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

(c) give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—

(i) a country of which he is a national or citizen; or

(ii) a country or territory in which he has obtained a passport or other document of identity; or

(iii) a country or territory in which he embarked for the United Kingdom; or

(iv) a country or territory where he was engaged as a member of the crew of the ship or aircraft which he arrived in the United Kingdom to join; or

(v) a country or territory to which there is reason to believe that he will be admitted.

Textual Amendments

F56 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

Modifications etc. (not altering text)

C36 Sch. 2 para. 12 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

13 (1) Where a person being a member of the crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom— U.K.

(a) in the manner authorised by paragraph 12(1) above; or

(b) if that person is to be allowed to enter the United Kingdom in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave the United Kingdom in accordance with arrangements to be made for his repatriation; or

(c) by requiring him to leave the United Kingdom within a specified period in accordance with arrangements to be made for his repatriation.

(2) Where a person (not being [F57 a British citizen]) arrives in the United Kingdom as a member of the crew of a ship or aircraft, and either—

(A) having lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an immigration officer of intending to do so; or

(B) having been given leave limited as mentioned in subparagraph (1) above, he remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so;

an immigration officer may—

(a) give the captain of the ship or aircraft in which he arrived directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or

(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

(c) give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—

(i) a country of which he is a national or citizen; or

(ii) a country or territory in which he has obtained a passport or other document of identity; or

(iii) a country in which he embarked for the United Kingdom; or

(iv) a country or territory in which he was engaged as a member of the crew of the ship or aircraft in which he arrived in the United Kingdom; or

(v) a country or territory to which there is reason to believe that he will be admitted.

Textual Amendments

F57 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

Modifications etc. (not altering text)

C37 Sch. 2 para. 13 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

14 (1) Where it appears to the Secretary of State that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not practicable for them to be given or that, if given, they would be ineffective, then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c). U.K.

(2) Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).

(3) The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.

Modifications etc. (not altering text)

C38 Sch. 2 para. 14 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)

15 U.K. A person in respect of whom directions are given under any of paragraphs 12 to 14 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.

[F58 Search of premises in connection with removal U.K.

Textual Amendments

F58 Sch. 2 para. 15A inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(3), 94(1); S.I. 2016/603, reg. 3(g)

15A (1) This paragraph applies if— U.K.

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

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

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

(a) relate to the person, and

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

(3) The power may be exercised—

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

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

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

(5) Sub-paragraph (6) applies where—

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

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

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

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

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

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

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

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

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

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

16 (1) A person who may be required to submit to examination under paragraph 2 above may be detained under the authority of an immigration officer pending his examination and pending a decision to give or refuse him leave to enter. U.K.

[F59 (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.]

[F60 (1B) A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination.]

[F61 (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 [F62 8 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.]

[F63 (2A) But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.]

[F64 (2B) The detention under sub-paragraph (2) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.]

(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.

F65 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Sch. 2 para. 16(1A) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 60; S.I. 2000/168, art. 2, Sch. 1 (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F60 Sch. 2 para. 16(1B) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 42(3); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F61 Sch. 2 para. 16(2) substituted (11.11.1999) by 1999 c. 33, ss. 140(1), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F62 Words in Sch. 2 para. 16(2) substituted (10.2.2003) by 2002 c. 41, s. 73(5) (with s. 159); S.I. 2003/1, art. 2, Sch.

F63 Sch. 2 para. 16(2A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(2), 75(3); S.I. 2014/1820, art. 3(d)

F64 Sch. 2 para. 16(2B) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 60(10), 94(1); S.I. 2016/603, reg. 3(m)

F65 Sch. 2 para. 16(4A) repealed by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I

Modifications etc. (not altering text)

C39 Sch. 2 para. 16 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), s. 9(4), 10 (as substituted (20.10.2014) by c. 22, ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

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

C40 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. 16 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C41 Sch. 2 paras. 16-18A applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

C42 Sch. 2 para. 16(1) modified (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 3(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

C43 Sch. 2 para. 16(2)-(4) applied by 1999 c. 33, s. 10(9)(b) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

17 (1) A person liable to be detained under paragraph 16 above may be arrested without warrant by a constable or by an immigration officer. U.K.

(2) If—

(a) a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person liable to be arrested under this paragraph is to be found on any premises; or

(b) in Scotland, a sheriff, or a F66 . . . justice of the peace, having jurisdiction in the place where the premises are situated is by evidence on oath so satisfied;

he may grant a warrant [F67 authorising any immigration officer or constable to enter], [F68 if need be by reasonable force], the premises named in the warrant for the purpose of searching for and arresting that person.

[F69 (3) Sub-paragraph (4) applies where an immigration officer or constable—

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

(b) detains a person on the premises.

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

(5) In sub-paragraph (4)—

• “detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and

• “search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).]

Textual Amendments

F66 Words in Sch. 2 para. 17(2)(b) repealed (1.10.1996) by 1996 c. 49, s. 12(1)(3), Sch. 2 para. 7, Sch. 4; S.I. 1996/2053, art. 2, Sch. Pt. III

F67 Words in Sch. 2 para. 17(2) substituted (11.11.1999) by 1999 c. 33, ss. 140(2), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F68 Words in Sch. 2 para. 17(2) substituted (10.2.2003) by 2002 c. 41, s. 63 (with s. 159); S.I. 2003/1, art. 2, Sch.

F69 Sch. 2 para. 17(3)-(5) inserted (10.2.2003) by 2002 c. 41, s. 64 (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C44 Sch. 2 para. 17 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

C45 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. 17 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C46 Sch. 2 para. 17 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(1) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(a))

C47 Sch. 2 para. 17 applied by 1999 c. 33, s. 10(9)(c) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C48 Sch. 2 para. 17 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 32(1), 40(7), 41(7)

C49 Sch. 2 paras. 16-18A applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

C50 Sch. 2 para. 17(1) amended (2.8.1993) by S.I. 1993/1813, arts. 6, 1, Sch. 3 Pt. 1 para. 2(2)(a); Sch. 2 para. 17 amended by the said S.I. 1993/1813, arts. 6, 7, Sch. 3 para. 2, Sch. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, arts. 6, 8, Sch. 3 para. 3, Sch. 4 para. 11 Table

18 (1) Persons may be detained under paragraph 16 above in such places as the Secretary of State may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft). U.K.

[F70 (1A) But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.]

(2) Where a person is detained [F71 or liable to be detained] under paragraph 16, any immigration officer, constable or prison officer, or any other person authorised by the Secretary of State, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him.

[F72 (2A) The power conferred by sub-paragraph (2) includes power to take [F73 biometric information (within the meaning given by section 15 of the UK Borders Act 2007)].]

[F74 (2B) Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5).]

(3) Any person detained under paragraph 16 may be taken in the custody of a constable, [F75 an immigration officer, or] any person acting under the authority of an immigration officer, to and from any place where his attendance is required for the purpose of ascertaining his citizenship or nationality or of making arrangements for his admission to a country or territory other than the United Kingdom, or where he is required to be for any other purpose connected with the operation of this Act.

(4) A person shall be deemed to be in legal custody at any time when he is detained under paragraph 16 or is being removed in pursuance of sub-paragraph (3) above.

Textual Amendments

F70 Sch. 2 para. 18(1A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(3), 75(3); S.I. 2014/1820, art. 3(d)

F71 Words in Sch. 2 para. 18(2) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 9, 75(3); S.I. 2014/1820, art. 3(h)

F72 Sch. 2 para. 18(2A) inserted (11.12.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 61; S.I. 2000/3099, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F73 Words in Sch. 2 para. 18(2A) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(4); S.I. 2014/1820, art. 3(z)

F74 Sch. 2 para. 18(2B) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 13(3), 75(3); S.I. 2014/1820, art. 3(l)

F75 Words in Sch. 2 para. 18(3) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 1; S.I. 2014/1820, art. 3(y)

Modifications etc. (not altering text)

C51 Sch. 2 para. 18 applied (2.10.2000) by Immigration and Asylum Act 1999 (c. 33), ss. 9(4), 10 (as substituted (20.10.2014) by 2014 c. 22, ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

C52 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. 18 applied (2.10.2000) by S.I. 2000/2326, reg. 25(3)(a) (with regs. 9, 28)

C53 Sch. 2 para. 18 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(1) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(a))

C54 Sch. 2 paras. 16-18A applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

[F76 18A (1) An immigration officer or constable may search a person (“P”) who is detained under paragraph 16 for anything which P might use— U.K.

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

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

(2) The power to search P—

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

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

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

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

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

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

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

Textual Amendments

F76 Sch. 2 para. 18A inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 2(1); S.I. 2014/1820, art. 3(y)

Modifications etc. (not altering text)

C55 Sch. 2 para. 18A applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(e) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C56 Sch. 2 para. 18A applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 32(1)

C57 Sch. 2 paras. 16-18A applied (with modifications) (31.1.2020) by The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 3 para. 2(1)(a)(2)

[F77 18B (1) Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where— U.K.

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

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

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

(3) The first condition is that—

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

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

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

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

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

(7) In this paragraph—

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

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

• “unaccompanied child” means a person—

  (a)

  who is under the age of 18, and

  (b)

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

Textual Amendments

F77 Sch. 2 para. 18B inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 5(4), 75(3); S.I. 2014/1820, art. 3(d)

Modifications etc. (not altering text)

C58 Sch. 2 para. 18B applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(f) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

19 (1) Where a person is refused leave to enter the United Kingdom and directions are given in respect of him under paragraph 8 or 10 above, then subject to the provisions of this paragraph the owners or agents of the ship or aircraft in which he arrived F78 . . . 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 [F79 for any period (not exceeding 14 days)] after his arrival while he was detained or liable to be detained under paragraph 16 above. U.K.

(2) Sub-paragraph (1) above shall not apply to expenses in respect of a person who, when he arrived in the United Kingdom, held a [F80 certificate 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 [F80 certificate of entitlement], entry clearance or work permit is to be regarded as being one unless its falsity is reasonably apparent.

(3) If, before the directions for a person’s removal under paragraph 8 or 10 above have been carried out, he is given leave to enter the United Kingdom, or if he is afterwards given that leave in consequence of the determination in his favour of an appeal under this Act (being an appeal against a refusal of leave to enter by virtue of which the directions were given), or it is determined on an appeal under this Act that he does not require leave to enter (being an appeal occasioned by such a refusal), no sum shall be demanded under subparagraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded.

(4) Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of an appeal under this Act, have ceased to have effect or are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending an appeal by him under this Act.

Textual Amendments

F78 Words in Sch. 2 para. 19(1) repealed (2.8.1993) by S.I. 1993/1813, art. 9(1), Sch. 6 Pt. I

F79 Words in Sch. 2 para. 19(1) substituted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.8; S.I. 1996/2053, art. 2, Sch. Pt.II

F80 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1) (with Sch. 8 para. 8)

Modifications etc. (not altering text)

C59 Sch. 2 para. 19 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 25(3)(b) (with regs. 9, 28)

C60 Sch. 2 para. 19 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(g) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

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

(a) where directions are given in respect of an illegal entrant under paragraph 9 or 10 above; and

(b) where a person has lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under paragraph 14;

the owners or agents of the ship or aircraft in which he arrived in the United Kingdom F81 . . . 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 [F82 for any period (not exceeding 14 days)] after his arrival while he was detained or liable to be detained under paragraph 16 above.

F83 [(1A) Sub-paragraph (1) above shall not apply to expenses in respect of an illegal entrant if he obtained leave to enter by deception and the leave has not been cancelled under paragraph 6(2) above.]

(2) If, before the directions for a person’s removal from the United Kingdom have been carried out, he is given leave to remain in the United Kingdom, no sum shall be demanded under sub-paragraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded.

(3) Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of an appeal under this Act, are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending an appeal by him under this Act.

Textual Amendments

F81 Words in Sch. 2 para. 20(1) repealed (2.8.1993) by S.I. 1993/1813 art. 9(1), Sch. 6 Pt. I

F82 Words in Sch. 2 para. 20(1) substituted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 9(1); S.I. 1996/2053, art. 2, Sch. Pt. II

F83 Sch. 2 para. 20(1A) inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 9(2); S.I. 1996/2053, art. 2, Sch. Pt.II

Modifications etc. (not altering text)

C61 Sch. 2 para. 20 applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(g) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C62 Sch. 2 para. 20(1) restricted (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(b); S.I. 1991/1072, art. 2, Sch. Pt. I

Temporary admission or release of persons liable to detention U.K.

F84 21 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F84 22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F84 23 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F84 24 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F84 25. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 2 paras. 21-25 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[F85 Entry and search of premises] U.K.

Textual Amendments

F85 Heading inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch

[F86 25A (1) This paragraph applies if— U.K.

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

(b) a person who was arrested [F87 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.

[F88 (6A) If, on an application made by an immigration officer, a justice of the peace is satisfied that—

(a) there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are [F89 mentioned in sub-paragraph (6AA)] , and

(b) any of the conditions in sub-paragraph (6B) is met, [F90 in relation to each set of premises specified in the application, ]

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

[F91 (6AA) The premises referred to in sub-paragraph (6A) above are—

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

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

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

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

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

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

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

(6B) The conditions [F92 mentioned in sub-paragraph (6A)(b)] are that—

(a) it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the relevant documents;

(c) entry to the premises will not be granted unless a warrant is produced;

(d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.

[F93 (6BA) A justice of the peace in Scotland may not issue—

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

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

(6C) In the application of [F94 sub-paragraphs (6A) to (6BA)] to Scotland, references to a justice of the peace are to be treated as references to the sheriff or a justice of the peace.]

(7) An officer searching premises under [F95 this paragraph] —

(a) may seize F96 ... any documents he finds which he has reasonable grounds for believing are relevant documents; F97 ...

F97 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F98 (7A) Sub-paragraph (7B) applies where—

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

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

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

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

(8) But [F99 sub-paragraph (7)(a)] does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.

[F100 (8A) An immigration officer may retain a document seized under [F101 this paragraph ] while the officer has reasonable grounds for believing that—

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

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

(9) “Relevant documents” means any documents which might—

(a) establish the arrested person’s identity, nationality or citizenship; or

(b) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

(10) “Senior officer” means an immigration officer not below the rank of chief immigration officer.]

Textual Amendments

F86 Sch. 2 para. 25A inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F87 Words in Sch. 2 para. 25A(1)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(2); S.I. 2014/1820, art. 3(y)

F88 Sch. 2 paras. 25A(6A)-(6C) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(3); S.I. 2014/1820, art. 3(y)

F89 Words in Sch. 2 para. 25A(6A) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(2)(a); S.I. 2016/1037, reg. 5(k)

F90 Words in Sch. 2 para. 25A(6A)(b) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(2)(b); S.I. 2016/1037, reg. 5(k)

F91 Sch. 2 paras. 25A(6AA)-(6AD) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(3); S.I. 2016/1037, reg. 5(k)

F92 Words in Sch. 2 para. 25A(6b) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(4); S.I. 2016/1037, reg. 5(k)

F93 Sch. 2 paras. 25A(6BA) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(5); S.I. 2016/1037, reg. 5(k)

F94 Words in Sch. 2 para. 25A(6C) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 8 para. 6(6); S.I. 2016/1037, reg. 5(k)

F95 Words in Sch. 2 para. 25A(7) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(a); S.I. 2014/1820, art. 3(y)

F96 Words in Sch. 2 para. 25A(7)(a) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(b); S.I. 2014/1820, art. 3(y)

F97 Sch. 2 para. 25A(7)(b) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(4)(c); S.I. 2014/1820, art. 3(y)

F98 Sch. 2 paras. 25A(7A)-(7C) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(4)(a), 94(1); S.I. 2016/603, reg. 3(g)

F99 Words in Sch. 2 para. 25A(8) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(4)(b), 94(1); S.I. 2016/603, reg. 3(g)

F100 Sch. 2 para. 25A(8A) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 3(5); S.I. 2014/1820, art. 3(y)

F101 Words in Sch. 2 para. 25A(8A) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(4)(c), 94(1); S.I. 2016/603, reg. 3(g)

Modifications etc. (not altering text)

C63 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C64 Sch. 2 paras. 25A-25C applied (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 10(8); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[F102 Searching persons arrested by immigration officers] U.K.

Textual Amendments

F102 Heading inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch

[F103 25B (1) This paragraph applies if a person is arrested under this Schedule. U.K.

(2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(3) The officer may search the arrested person for—

(a) anything which he might use to assist his escape from lawful custody; or

(b) any document which might—

(i) establish his identity, nationality or citizenship; or

(ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

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

(a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and

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

(5) A power conferred by this paragraph to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth.

(6) An officer searching a person under sub-paragraph (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to another person.

(7) An officer searching a person under sub-paragraph (3)(a) may seize and retain anything he finds, if he has reasonable grounds for believing that he might use it to assist his escape from lawful custody.

(8) An officer searching a person under sub-paragraph (3)(b) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it might be a document falling within that sub-paragraph.

[F104 (8A) Sub-paragraph (8B) applies where—

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

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

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

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

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

(9) Nothing seized under sub-paragraph (6) or (7) may be retained when the person from whom it was seized—

(a) is no longer in custody, or

(b) is in the custody of a court but has been released on bail.]

Textual Amendments

F103 Sch. 2 para. 25B inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F104 Sch. 2 paras. 25B(8A)-(8D) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(5), 94(1); S.I. 2016/603, reg. 3(g)

Modifications etc. (not altering text)

C63 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C64 Sch. 2 paras. 25A-25C applied (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 10(8); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[F105 Searching persons in police custody] U.K.

Textual Amendments

F105 Heading inserted (14.2.2000) by 1999 c. 33, s. 135(2); S.I. 2000/168, art. 2, Sch

[F106 25C (1) This paragraph applies if a person— U.K.

(a) has been arrested under this Schedule; and

(b) is in custody at a police station.

(2) An immigration officer may, at any time, search the arrested person in order to ascertain whether he has with him—

(a) anything which he might use to—

(i) cause physical injury to himself or others;

(ii) damage property;

(iii) interfere with evidence; or

(iv) assist his escape; or

(b) any document which might—

(i) establish his identity, nationality or citizenship; or

(ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

(3) The power may be exercised only to the extent that the officer considers it to be necessary for the purpose of discovering anything of a kind mentioned in sub-paragraph (2).

(4) An officer searching a person under this paragraph may seize and retain anything he finds, if he has reasonable grounds for believing that—

(a) that person might use it for one or more of the purposes mentioned in sub-paragraph (2)(a); or

(b) it might be a document falling within sub-paragraph (2)(b).

(5) But the officer may not retain anything seized under sub-paragraph (2)(a)—

(a) for longer than is necessary in view of the purpose for which the search was carried out; or

(b) when the person from whom it was seized is no longer in custody or is in the custody of a court but has been released on bail.

(6) The person from whom something is seized must be told the reason for the seizure unless he is—

(a) violent or appears likely to become violent; or

(b) incapable of understanding what is said to him.

(7) An intimate search may not be conducted under this paragraph.

(8) The person carrying out a search under this paragraph must be of the same sex as the person searched.

(9) “Intimate search” has the same meaning as in section 28H(11).]

Textual Amendments

F106 Sch. 2 para. 25C inserted (14.2.2000) by 1999 c. 33, s. 135(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C63 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

C64 Sch. 2 paras. 25A-25C applied (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 10(8); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

[F107 Entry of premises to search for driving licence U.K.

Textual Amendments

F107 Sch. 2 paras. 25CA-25CC and cross-headings inserted (31.7.2017 for specified purposes) by Immigration Act 2016 (c. 19), ss. 43(2), 94(1) (with s. 43(5)); S.I. 2017/799, reg. 2

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

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

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

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

(a) occupied or controlled by the person, or

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

for the driving licence.

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

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

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

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

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

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

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

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

• “authorised officer” means—

  (a)

  an immigration officer,

  (b)

  a constable, or

  (c)

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

• “driving licence”—

  (a)

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

  (b)

  includes a licence of that kind which has been revoked;

• “senior officer” means—

  (a)

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

  (b)

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

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

Searching persons for driving licences U.K.

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

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

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

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

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

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

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

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

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

Seizure and retention of driving licence U.K.

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

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

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

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

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

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

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

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

(a) it has not been revoked,

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

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

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

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

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

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

(ii) until such an appeal is determined.

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

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

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

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

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

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

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

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

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

[F108 Access and copying] U.K.

Textual Amendments

F108 Heading inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch

[F109 25D (1) If a person showing himself— U.K.

(a) to be the occupier of the premises on which seized material was seized, or

(b) to have had custody or control of the material immediately before it was seized,

asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.

(2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for that person to have access to the material under the supervision of an immigration officer.

(3) An immigration officer may photograph or copy, or have photographed or copied, seized material.

(4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—

(a) that person to have access to the material under the supervision of an immigration officer for the purpose of photographing or copying it; or

(b) the material to be photographed or copied.

(5) A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time.

(6) There is no duty under this paragraph to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—

(a) the exercise of any functions in connection with which the material was seized; or

(b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.

(7) “Relevant person” means—

(a) a person who had custody or control of seized material immediately before it was seized, or

(b) someone acting on behalf of such a person.

(8) “Seized material” means anything which has been seized and retained under this Schedule [F110 other than a driving licence seized under paragraph 25CC].]

Textual Amendments

F109 Sch. 2 para. 25D inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F110 Words in Sch. 2 para. 25D(8) inserted (31.7.2017 for specified purposes) by Immigration Act 2016 (c. 19), ss. 43(3), 94(1); S.I. 2017/799, reg. 2

Modifications etc. (not altering text)

C63 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

[F111 25E U.K. Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.]

Textual Amendments

F111 Sch. 2 para. 25E inserted (14.2.2000) by 1999 c. 33, s. 139; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C63 Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

Supplementary duties of those connected with ships or aircraft or with ports U.K.

26 (1) The owners or agents of a ship or aircraft employed to carry passengers for reward shall not, without the approval of the Secretary of State, arrange for the ship or aircraft to call at a port in the United Kingdom other than a port of entry for the purpose of disembarking passengers, if any of the passengers on board may not enter the United Kingdom without leave F112 . . . , or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be [F113 British citizens]. U.K.

[F114 (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.

[F115 (3A) The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament.]

Textual Amendments

F112 Words in Sch. 2 para. 26(1) repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 64(1)(2), Sch. 16; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F113 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

F114 Sch. 2 para. 26(1A) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 64(1)(3); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F115 Sch. 2 para. 26(3A) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 64(1)(4); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C65 Sch. 2 para. 26(1) amended (17.2.2003 for certain purposes and 1.4.2003 otherwise) by 1999 c. 33, s. 25(4)(a); S.I. 2003/2, art. 2, Sch.

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

(a) shall take such steps as may be necessary to secure that persons on board do not disembark there unless either they have been examined by an immigration officer, or they disembark in accordance with arrangements approved by an immigration officer, or they are members of the crew who may lawfully enter the United Kingdom without leave by virtue of section 8(1) of this Act; and

(b) where the examination of persons on board is to be carried out on the ship or aircraft, shall take such steps as may be necessary to secure that those to be examined are presented for the purpose in an orderly manner.

[F116 (2) The Secretary of State may by order require, or enable an immigration officer to require, a responsible person in respect of a ship or aircraft to supply—

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

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

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

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

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

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

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

(e) to specified ships or specified aircraft.

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

(a) the owner or agent, and

(b) the captain.

(5) An order under sub-paragraph (2)—

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

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

[F117 (ba) may require a responsible person to be able to receive, in a specified form and manner, communications sent by the Secretary of State or an immigration officer relating to the information,]

(c) shall be made by statutory instrument, and

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

Textual Amendments

F116 Sch. 2 para. 27(2)-(5) substituted (5.11.2007 for certain purposes and 1.3.2008 otherwise) for Sch. 2 para. 27(2) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 31(2), 62; S.I. 2007/3138, arts. 2(d), 3(b) (as amended by S.I. 2007/3580, art. 2)

F117 Sch. 2 para. 27(5)(ba) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(2)

[F118 Supplementary duties of the Concessionaires] U.K.

Textual Amendments

F118 Sch. 2 para. 27A inserted by S.I. 1990/2227, art. 3, Sch. 1 para. 13

F119 27A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119 Sch. 2 para. 27A repealed (2.8.1993) by S.I. 1993/1813, art. 9, 1, Sch. 6 Pt.I

[F120 Passenger information] U.K.

Textual Amendments

F120 Heading inserted (3.4.2000) by 1999 c. 33, s. 18; S.I. 2000/464, art. 2, Sch.

[F121 27B (1) This paragraph applies to ships or aircraft— U.K.

(a) which have arrived, or are expected to arrive, in the United Kingdom; or

(b) which have left, or are expected to leave, the United Kingdom.

(2) If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information [F122 or service information], the carrier must provide that information to the officer.

(3) The officer may ask for passenger information [F122 or service information] relating to—

(a) a particular ship or particular aircraft of the carrier;

(b) particular ships or aircraft (however described) of the carrier; or

(c) all of the carrier’s ships or aircraft.

(4) The officer may ask for—

(a) all passenger information [F122 or service information] in relation to the ship or aircraft concerned; or

(b) particular passenger information [F122 or service information] in relation to that ship or aircraft.

(5) A request under sub-paragraph (2)—

(a) must be in writing;

(b) must state the date on which it ceases to have effect; and

(c) continues in force until that date, unless withdrawn earlier by written notice by an immigration officer.

(6) The date may not be later than six months after the request is made.

(7) The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed.

(8) The information must be provided—

(a) in such form and manner as the Secretary of State may direct; and

(b) at such time as may be stated in the request.

[F123 (8A) The officer may require a carrier to be able to receive communications from the officer in such form and manner as the Secretary of State may direct.]

(9) “Passenger information” means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified.

[F124 (9A) “Service information” means such information relating to the voyage or flight undertaken 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.]

Textual Amendments

F121 Sch. 2 para. 27B inserted (3.4.2000) by 1999 c. 33, s. 18; S.I. 2000/464, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F122 Words in Sch. 2 para. 27B inserted (5.11.2007 for certain purposes and 1.3.2008 otherwise) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 31(3)(a), 62; S.I. 2007/3138, arts. 2(d), 3(b) (as amended by S.I. 2007/3580, art. 2)

F123 Sch. 2 para. 27B(8A) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(3)

F124 Sch. 2 para. 27B(9A) inserted (5.11.2007 for certain purposes and 1.3.2008 otherwise) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 31(3)(b), 62; S.I. 2007/3138, arts. 2(d), 3(b) (as amended by S.I. 2007/3580, art. 2)

[F125 27BA (1) The Secretary of State may make regulations requiring responsible persons in respect of ships or aircraft— U.K.

(a) which have arrived, or are expected to arrive, in the United Kingdom, or

(b) which have left, or are expected to leave, the United Kingdom,

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

(2) The following information may be required under sub-paragraph (1)—

(a) information about the persons on board;

(b) information about the voyage or flight.

(3) The regulations must—

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

(b) specify the information required to be supplied;

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

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

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

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

(a) the owner or agent, and

(b) the captain.

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

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

Textual Amendments

F125 Sch. 2 paras. 27BA, 27BB inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(4)

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

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

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

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

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

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

(b) about the procedure for imposing a penalty;

(c) about the enforcement of penalties;

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

and the regulations may make different provision for different purposes.

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

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

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

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

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

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

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

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

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

Textual Amendments

F125 Sch. 2 paras. 27BA, 27BB inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(4)

[F126 Notification of non-EEA arrivals] U.K.

Textual Amendments

F126 Heading inserted (3.4.2000) by 1999 c. 33, s. 19; S.I. 2000/464, art. 2, Sch.

F127 27C U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127 Sch. 2 para. 27C omitted (12.2.2015) by virtue of Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 5 para. 1(5)

Part II U.K. Effect of Appeals

Modifications etc. (not altering text)

C66 Sch. 2 Pt. II amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para.9: S.I. 1993/1655, art.2

Sch. 2 Pt. II extended (with modifications) (Isle of Man) (1.4.1997) by S.I. 1997/275, art. 2(1),Sch.

Sch. 2 Pt. II: power to modify conferred (11.6.1998) by 1997 c. 68, s. 5(4)(a); S.I. 1998/1336, art.2

Sch. 2 Pt. II extended (3.8.1998) by 1997 c. 68, s. 2, Sch. 2 paras.3(1), 4; S.I. 1998/1892, art.2

Stay on directions for removal U.K.

F128 28 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128 Sch. 2 para. 28 repealed (2.10.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 43, 65, Sch. 16; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Modifications etc. (not altering text)

C67 Sch. 2 para. 28 continued (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4, Sch. 2 para. 2(10)(a)

Grant of bail pending appeal U.K.

F129 29 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Restrictions on grant of bail U.K.

F129 30 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Forfeiture of recognizances U.K.

F129 31 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F129 32 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Arrest of appellants released on bail U.K.

F129 33 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F129 33A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F130 [Grant of bail pending removal] U.K.

Textual Amendments

F130 Sch. 2 para. 34 and cross heading inserted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para.12; S.I. 1996/2053, art. 2, Sch. Pt.II

F129 34 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 2 paras. 29-34 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 20; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Section 5.

SCHEDULE 3 U.K. Supplementary Provisions as to Deportation

Modifications etc. (not altering text)

C68 Schs. 2-4 extended (with modifications) to Guernsey (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I

Schs. 2-4 extended (with modifications) to Jersey (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

Sch. 3 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(12)

Sch. 3 amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 3 applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 3 applied (2.10.2000 with application as mentioned in reg. 9) by S.I. 2000/2326, reg. 26(3)

Sch. 3 restricted (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(2)(7) (as substituted (1.4.2003) for reg. 34(2)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

Sch. 3 applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

C69 Sch. 3 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 32(3), 40(4)

C70 Sch. 3 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6

C71 Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

Removal of persons liable to deportation U.K.

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— U.K.

(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 U.K.

2 (1) Where a recommendation for deportation made by a court is in force in respect of any person, [F131 and that person is not detained in pursuance of the sentence or order of any court], he shallF132 ... be detained pending the making of a deportation order in pursuance of the recommendation, [F133 unless— U.K.

(a) the court by which the recommendation is made grants bail to the person, or

(b) the person is released on immigration bail under Schedule 10 to the Immigration Act 2016.]

[F134 (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 [F135 release the person on bail without setting aside the recommendation.]]

(2) Where notice has been given to a person in accordance with regulations under [F136 section 105 of the Nationality, Immigration and Asylum Act 2002 (notice of decision)] of a decision to make a deportation order against him, [F137 and 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 [F138 unless he is released on immigration bail under Schedule 10 to the Immigration Act 2016.]

(4) In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17 [F139 [F140 to 18A] 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 [F141 ; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.]

[F142 (4ZA) The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.]

[F143 (5) The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A).

(6) If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.

(7) A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.]

Textual Amendments

F131 Words in Sch. 3 para. 2(1) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 34(1); S.I. 2004/2523, art. 2, Sch.

F132 Words in Sch. 3 para. 2(1) omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(a)(i); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F133 Words in Sch. 3 para. 2(1) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(a)(ii); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F134 Para. 2(1A) inserted by Criminal Justices Act 1982 (c. 48), s. 80(2), Sch. 10 para. 1 (b)

F135 Words in Sch. 3 para. 2(1A) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F136 Words in Sch. 3 para. 2(2) substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7 para. 7 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and 2003/1339))

F137 Words in Sch. 3 para. 2(2) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 34(2); S.I. 2004/2523, art. 2, Sch.

F138 Words in Sch. 3 para. 2(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(c); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F139 Words in Sch. 3 para. 2(4) substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 68; 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.)

F140 Words in Sch. 3 para. 2(4) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 2(2); S.I. 2014/1820, art. 3(y)

F141 Words in Sch. 3 para. 2(4) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 53; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F142 Sch. 3 para. 2(4ZA) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 60(11), 94(1); S.I. 2016/603, reg. 3(m)

F143 Sch. 3 para. 2(5)-(7) substituted for Sch. 3 para. 2(4A)-(6) (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(2)(d); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Modifications etc. (not altering text)

C72 Sch. 3 para. 2(3)(4)(6) amended (26.7.1993) by 1993 c. 23, s. 7(4): S.I. 1993/1655, art. 2

Sch. 3 para. 2 extended (14.12.2001) by 2001 c. 24, s. 23(2)(b)

Effect of appeals U.K.

F144 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 3 paras. 3-10 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Powers of courts pending deportation U.K.

F144 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 3 paras. 3-10 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F144 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 3 paras. 3-10 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F144 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 3 paras. 3-10 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F144 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 3 paras. 3-10 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F144 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 3 paras. 3-10 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F144 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 3 paras. 3-10 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F144 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 3 paras. 3-10 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 21(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Section 9.

SCHEDULE 4 U.K. Integration with United Kingdom Law of Immigration Law of Islands

Modifications etc. (not altering text)

C73 Sch. 4 extended (with modfications) (1.8.1993) by S.I. 1993/1796, art 3(1), Sch. 1 Pt. I (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (Jersey) (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

Leave to enter U.K.

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 [F145 a 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. U.K.

(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 [F145 a 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.

Textual Amendments

F145 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

2 U.K. 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 U.K.

[F146 3 (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. U.K.

(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.]

Textual Amendments

F146 Sch. 4 para. 3 substituted (2.10.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 70; S.I. 2000/2444, art. 2, Sch (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Illegal entrants U.K.

4 U.K. Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a person who is not [F147 a 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.

Textual Amendments

F147 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)

Sections 28M, 28N and 28O

[F148 SCHEDULE 4A U.K. Enforcement powers in relation to ships

Textual Amendments

F148 Sch. 4A inserted (31.5.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 14 para. 8; S.I. 2016/603, reg. 2(d)

PART 1 U.K. England and Wales

Introductory U.K.

1 (1) This Part of this Schedule sets out the powers exercisable by immigration officers, English and Welsh constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28M and 28P(1). U.K.

(2) In this Part of this Schedule—

• “items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

• “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain U.K.

2 (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that— U.K.

(a) an offence under section 25, 25A or 25B is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port in the United Kingdom and detained there.

(3) The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any ship detained under this paragraph.

(5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.

Power to search and obtain information U.K.

3 (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating— U.K.

(a) to an offence under section 25, 25A and 25B, or

(b) to an offence that is connected with an offence under any of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

(c) anything on the ship (including cargo).

(3) The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege);

(c) make photographs or copies of anything the production of which the relevant officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

(8) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Power of arrest and seizure U.K.

4 (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 25, 25A or 25B has been, or is being, committed on the ship. U.K.

(2) The relevant officer may arrest without warrant anyone whom the constable or officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).

(4) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Protective searches of persons U.K.

5 (1) A relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to— U.K.

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(2) The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and

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

(3) The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.

(5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.

(6) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Search for nationality documents U.K.

6 (1) A relevant officer may require a person found on the ship to produce a nationality document. U.K.

(2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.

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

(a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and

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

(4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 2.

(5) The power to retain a nationality document in sub-paragraph (4) does not affect any other power of an immigration officer to retain a document.

(6) Where the nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.

(7) The power conferred by this paragraph to search a person does not authorise a relevant officer to—

(a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or

(b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.

(8) In this paragraph a “nationality document”, in relation to a person, means any document which might—

(a) establish the person's identity, nationality or citizenship, or

(b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.

(9) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Assistants U.K.

7 (1) A relevant officer may— U.K.

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision.

Reasonable force U.K.

8 U.K. A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority U.K.

9 U.K. A relevant officer must produce evidence of the officer's authority if asked to do so.

Protection of relevant officers U.K.

10 U.K. A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences U.K.

11 (1) A person commits an offence under the law of England and Wales if the person— U.K.

(a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of England and Wales if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.

(5) In the application of sub-paragraph (4) in relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks is to be read as a reference to 6 months.

PART 2 U.K. Scotland

Introductory U.K.

12 (1) This Part of this Schedule sets out the powers exercisable by immigration officers, Scottish constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28N and 28P(3). U.K.

(2) In this Part of this Schedule—

• “items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);

• “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain U.K.

13 (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that— U.K.

(a) an offence under section 25, 25A or 25B is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port in the United Kingdom and detained there.

(3) The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any ship detained under this paragraph.

(5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.

Power to search and obtain information U.K.

14 (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating— U.K.

(a) to an offence under section 25, 25A or 25B, or

(b) to an offence that is connected with an offence under any of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

(c) anything on the ship (including cargo).

(3) The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege);

(c) make photographs or copies of anything the production of which the relevant officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

(8) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Power of arrest and seizure U.K.

15 (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 25, 25A or 25B has been, or is being, committed on the ship. U.K.

(2) The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the officer has reasonable grounds to believe to be an item subject to legal privilege).

(4) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Protective searches of persons U.K.

16 (1) The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to— U.K.

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(2) The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and

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

(3) The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.

(5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.

(6) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Search for nationality documents U.K.

17 (1) The relevant officer may require a person found on the ship to produce a nationality document. U.K.

(2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.

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

(a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and

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

(4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 13.

(5) The power to retain a nationality document in sub-paragraph (4) does not affect any other power of an immigration officer to retain a document.

(6) Where the nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.

(7) The power conferred by this paragraph to search a person does not authorise a relevant officer to—

(a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or

(b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.

(8) In this paragraph a “nationality document”, in relation to a person, means any document which might—

(a) establish the person's identity, nationality or citizenship, or

(b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.

(9) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Assistants U.K.

18 (1) A relevant officer may— U.K.

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer‘s supervision.

Reasonable force U.K.

19 U.K. A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority U.K.

20 U.K. A relevant officer must produce evidence of the officer's authority if asked to do so.

Protection of relevant officers U.K.

21 U.K. A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences U.K.

22 (1) A person commits an offence under the law of Scotland if the person— U.K.

(a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Scotland if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both.

PART 3 U.K. Northern Ireland

Introductory U.K.

23 (1) This Part of this Schedule sets out the powers exercisable by immigration officers, Northern Ireland constables and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under sections 28O and 28P(5). U.K.

(2) In this Part of this Schedule—

• “items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (see Article 12 of that Order);

• “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain U.K.

24 (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that— U.K.

(a) an offence under section 25, 25A or 25B is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port in the United Kingdom and detained there.

(3) The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any ship detained under this paragraph.

(5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.

Power to search and obtain information U.K.

25 (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating— U.K.

(a) to an offence under section 25, 25A or 25B, or

(b) to an offence that is connected with an offence under any of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

(c) anything on the ship (including cargo).

(3) The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the officer has reasonable grounds to believe to be an item subject to legal privilege);

(c) make photographs or copies of anything the production of which the officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

(8) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Power of arrest and seizure U.K.

26 (1) This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 25, 25A or 25B has been, or is being, committed on the ship. U.K.

(2) The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the constable or officer has reasonable grounds to believe to be an item subject to legal privilege).

(4) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Protective searches of persons U.K.

27 (1) The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to— U.K.

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(2) The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and

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

(3) The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship

(4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.

(5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.

(6) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Search for nationality documents U.K.

28 (1) The relevant officer may require a person found on the ship to produce a nationality document. U.K.

(2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.

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

(a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and

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

(4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 24.

(5) The power to retain a nationality document in sub-paragraph (4) does not affect any other power of an immigration officer to retain a document.

(6) Where the nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.

(7) The power conferred by this paragraph to search a person does not authorise a relevant officer to—

(a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or

(b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.

(8) In this paragraph a “nationality document”, in relation to a person, means any document which might—

(a) establish the person's identity, nationality or citizenship, or

(b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.

(9) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Assistants U.K.

29 (1) A relevant officer may— U.K.

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision.

Reasonable force U.K.

30 U.K. A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority U.K.

31 U.K. A relevant officer must produce evidence of the officer's authority if asked to do so.

Protection of relevant officers U.K.

32 U.K. A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences U.K.

33 (1) A person commits an offence under the law of Northern Ireland if the person— U.K.

(a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Northern Ireland if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.]

Section 12.

F149 SCHEDULE 5 U.K. The Adjudicators and the Tribunal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F149 Sch. 5 repealed (14.2.2000) by 1999 c. 33, s. 169(3), Sch. 16 (with s. 169(2), Sch. 15 para. 3(5)); S.I. 2000/168, art. 2, Sch

Modifications etc. (not altering text)

C74 Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art. 2

Sch. 5 amended (1.9.1996) by 1996 c. 49, s. 3(4)(f); S.I. 1996/2053, art. 2, Sch. Pt. II

Section 34.

X1 SCHEDULE 6 U.K. Repeals

Editorial Information

X1 The text of Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.