- Latest available (Revised)
- Point in Time (17/10/2012)
- Original (As enacted)
Version Superseded: 31/05/2016
Point in time view as at 17/10/2012. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Immigration Act 1971, Section 25 is up to date with all changes known to be in force on or before 23 November 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)A person commits an offence if he—
(a)does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union,
(b)knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual, and
(c)knows or has reasonable cause for believing that the individual is not a citizen of the European Union.
(2)In subsection (1) “immigration law” means a law which has effect in a member State and which controls, in respect of some or all persons who are not nationals of the State, entitlement to—
(a)enter the State,
(b)transit across the State, or
(c)be in the State.
(3)A document issued by the government of a member State certifying a matter of law in that State—
(a)shall be admissible in proceedings for an offence under this section, and
(b)shall be conclusive as to the matter certified.
[F2(4)Subsection (1) applies to things done whether inside or outside the United Kingdom.]
(6)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.]
[F3(7)In this section—
(a)a reference to a member State includes a reference to a State on a list prescribed for the purposes of this section by order of the Secretary of State (to be known as the “Section 25 List of Schengen Acquis States”), and
(b)a reference to a citizen of the European Union includes a reference to a person who is a national of a State on that list.
(8)An order under subsection (7)(a)—
(a)may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom’s obligations under the [F4EU] Treaties,
(b)may include transitional, consequential or incidental provision,
(c)shall be made by statutory instrument, and
(d)shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1Ss. 25-25C substituted (10.2.2003) for s. 25 by 2002 c. 41, s. 143 (with s. 159); S.I. 2003/1, art. 2, Sch.
F2S. 25(4) substituted for s. 25(4)(5) (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 30(1), 59; S.I. 2008/99, art. 2(l)
F3S. 25(7)(8) added (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 1(1); S.I. 2004/2523, art. 2, Sch.
F4Word in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
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: