C2C3C5 Part III Criminal Proceedings
Pt. III extended (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11)
Pt. III modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))
C1C4C627C5 Offences by persons connected with ships or aircraft or with ports.
F121
A person shall be guilty of an offence punishable on summary conviction with a fine of not more than F1F2level 5 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases—
a
if, being the captain of a ship or aircraft,—
i
he knowingly permits a person to disembark in the United Kingdom when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connection with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or
ii
he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 F3or under the Immigration and Asylum Act 1999with respect to the removal of a person from the United Kingdom;
b
if, as owner or agent of a ship or aircraft,—
i
he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or
ii
he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or
iii
F9iiia
he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2; or
c
if, F7. . . as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated.
F11ca
if as a person concerned in the management of a port he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2.
F8d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F132
Proceedings may not be instituted against a person under subsection (1)(a)(i) or (1)(b)(iv) for a failure to provide information or otherwise to comply with a requirement imposed under paragraph 27, 27B or 27BA of Schedule 2 where—
a
the person has paid a penalty in respect of the same failure, or a failure to provide the same information, by virtue of regulations made under—
i
paragraph 27BB of Schedule 2,
ii
section 32B of the Immigration, Asylum and Nationality Act 2006, or
iii
section 24 of the Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry scheme); or
b
proceedings have been instituted against the person under section 34 of the Immigration, Asylum and Nationality Act 2006 in respect of a failure to provide the same information.
Pt. III 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 by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))