Immigration Act 1971

33 Interpretation. U.K.

(1) For purposes of this Act, except in so far as the context otherwise requires—

• “aircraft” includes hovercraft, “airport” includes hoverport and “port” includes airport;

• “captain” means master (of a ship) or commander (of an aircraft);

• “certificate of [F1 entitlement]” means such a certificate as is referred to in section 3(9) above;

• F2 . . .

• “crew”, in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and “member of the crew” shall be construed accordingly;

• [F3 “entrant” means a person entering or seeking to enter the United Kingdom and “illegal entrant” means a person—

  (a)

  unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or

  (b)

  entering or seeking to enter by means which include deception by another person,

  and includes also a person who has entered as mentioned in paragraph (a) or (b) above;]

• “entry clearance” means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence [F4 or the requisite evidence] of a person’s eligibility, though not [F5 a British citizen], for entry into the United Kingdom (but does not include a work permit);

• “immigration laws” means this Act and any law for purposes similar to this Act which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands;

• “immigration rules” means the rules for the time being laid down as mentioned in section 3(2) above;

• “the Islands” means the Channel Islands and the Isle of Man, and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together;

• “legally adopted” means adopted in pursuance of an order made by any court in the United Kingdom and Islands or by any adoption specified as an overseas adoption by order of the Secretary of State under [F6 section 4 of the M1 Adoption Act 1968][F6 section 72(2) of the M2 Adoption Act 1976];

• “limited leave” and “indefinite leave” mean respectively leave under this Act to enter or remain in the United Kingdom which is, and one which is not, limited as to duration;

• “settled” shall be construed in accordance [F7 with subsection (2A) below;]

• “ship” includes every description of vessel used in navigation;

• F2 . . .

• [F8 “United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a dependent territory within the meaning of the M3 British Nationality Act 1981;]

• “work permit” means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not [F5 a British citizen], for entry into the United Kingdom for the purpose of taking employment.

(2) It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United Kingdom or in any of the Islands at a time when he is there in breach of the immigration laws.

[F9 (2A) Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.]

(3) The ports of entry for purposes of this Act, and the ports of exit for purposes of any Order in Council under section 3(7) above, shall be such ports as may from time to time be designated for the purpose by order of the Secretary of State made by statutory instrument.

(4) For purposes of this Act an appeal under Part II shall, subject to any express provision to the contrary, be treated as pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn [F10 or is abandoned by reason of the appellant leaving the United Kingdom]; and [F11 an] appeal shall not be treated as finally determined so long as a further appeal can be brought by virtue of section 20 [F12 or section 9 of the Asylum and Immigration Appeals Act 1993][F13 or section 7 of the Special Immigration Appeals Commission Act 1997]nor, if such an appeal is duly brought, until it is determined or withdrawn.

(5) This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative.

Textual Amendments

F1 Word substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(2)

F2 Definitions of "Concessionaires" and "tunnel system" repealed (2.8.1993) by S.I. 1993/1813, arts. 9, 1, Sch. 6 Pt. I

F3 S. 33: Definitions of "entrant" and "illegal entrant" substituted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 4(1); S.I. 1996/2053, art. 2, Sch. Pt. III

F4 Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 5

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

F6 In s. 33(1) in the definition of "legally adopted" the words "section 72(2) of the Adoption Act 1976" substituted (E.W.) for the words "section 4 of the Adoption Act 1968" by Adoption Act 1976 (c. 36), s. 73(2), Sch. 3 Pt. I para. 17

F7 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 7(a)(i)

F8 Definition inserted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 7(a)(ii)

F9 S. 33(2A) inserted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 7(b)

F10 Words in s. 33(4) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 4(2); S.I. 1996/2053, art. 2, Sch. Pt. III

F11 Words in s. 33(4) substituted (26.7.1993) by 1993 c. 23, s. 9(5)(a); S.I. 1993, art. 2

F12 Words in s. 33(4) inserted (26.7.1993) by 1993 c. 23, s. 9(5)(b); S.I. 1993/1655, art. 2

F13 Words in s. 33(4) inserted (3.8.1998) by 1997 c. 68, s. 7(4); S.I. 1998/1892, art.2

Modifications etc. (not altering text)

C1 S. 33 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(10)(as amended (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11 Table)

S. 33 extended (with modfications)(1.8.1993) by S.I. 1993/1796 art 3(1), Sch. 1 Pt. I (Guernsey), 1993/1797 art. 3(1), Sch. 1 Pt. I (Jersey)

Marginal Citations

M1 1968 c. 53.

M2 1976 c. 36.

M3 1981 c. 61.