- Latest available (Revised)
- Point in Time (12/04/2023)
- Original (As enacted)
Point in time view as at 12/04/2023.
Immigration Act 1971, Section 11A is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)An “offshore worker” is a person who arrives in United Kingdom waters—
(a)for the purpose of undertaking work in those waters, and
(b)without first entering the United Kingdom (see, in particular, section 11(1)).
But see subsection (6).
(2)An offshore worker arrives in the United Kingdom for the purposes of this Act when they arrive in United Kingdom waters as mentioned in subsection (1)(a).
(3)An offshore worker enters the United Kingdom for the purposes of this Act when they commence working in United Kingdom waters.
(4)Any reference in, or in a provision made under, the Immigration Acts to a person arriving in or entering the United Kingdom, however expressed, is to be read as including a reference to an offshore worker arriving in or entering the United Kingdom as provided for in subsection (2) or (3).
(5)References in this section to work, or to a person working, are to be read in accordance with section 24B(10).
(6)A person is not an offshore worker if they arrive in United Kingdom waters while working as a member of the crew of a ship that is—
(a)exercising the right of innocent passage through the territorial sea or the right of transit passage through straits used for international navigation, or
(b)passing through United Kingdom waters from non-UK waters to a place in the United Kingdom or vice versa.
(7)For the purposes of any provision of, or made under, the Immigration Acts, a person working in United Kingdom waters who, in connection with that work, temporarily enters non-UK waters is not to be treated by virtue of doing so as leaving, or being outside, the United Kingdom.
(8)In this section—
“non-UK waters” means the sea beyond the seaward limits of the territorial sea;
“right of innocent passage”, “right of transit passage” and “straits used for international navigation” are to be read in accordance with the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of the Nationality and Borders Act 2022 that have entered into force in relation to the United Kingdom;
“the territorial sea” means the territorial sea adjacent to the United Kingdom;
“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea.]
Textual Amendments
F1Ss. 11A, 11B inserted (28.4.2022 for specified purposes, 12.4.2023 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 43(1), 87(1)(4)(d); S.I. 2023/283, reg. 3(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: