SCHEDULES
SCHEDULE 3Supplemental Provisions for Sections 1 to 8
PART IOrders under Section 8
1
1
In this Part of this Schedule references to an order are to an order made under section 8 of this Act.
2
An order shall provide for the appointment as examining officers of—
a
constables,
b
immigration officers appointed for the purposes of the [1971 c. 77.] Immigration Act 1971 under paragraph 1 of Schedule 2 to that Act, and
c
officers of customs and excise who are the subject of arrangements for their employment as immigration officers, made by the Secretary of State under the said paragraph 1.
3
In Northern Ireland members of Her Majesty's forces may perform such functions conferred on examining officers as are specified in the order.
4
Where, by virtue of subsection (2)(b) of section 8, an order confers powers of search and of detaining articles on an examining officer, the order may also confer power on the examining officer to authorise any other person to exercise, on his behalf, any of the powers conferred by virtue of that subsection.
5
An order may—
a
in the case of ships and aircraft—
i
coming to Great Britain from the Republic of Ireland, Northern Ireland, the Channel Islands or the Isle of Man, or
ii
going from Great Britain to any other of those places, restrict the ports, areas or places in Great Britain which they may use, and
b
provide for the supply and use of—
i
landing cards by passengers disembarking in Great Britain from ships or aircraft, and
ii
embarkation cards by passengers boarding ships or aircraft about to leave Great Britain.
6
The persons on whom duties may be imposed by the order shall include persons arriving in, or leaving, Great Britain or Northern Ireland whether as passengers or otherwise, and captains, owners or agents of ships or aircraft.
7
Without prejudice to the generality of section 8 or of the preceding provisions of this paragraph, an order may contain such supplemental or incidental provisions as appear to the Secretary of State to be expedient, and may contain provisions comparable to those contained in or made under the following administrative provisions of the Immigration Act 1971, that is to say, section 33(3) (designation of ports of entry and exit) and the following paragraphs of Schedule 2:—
Paragraph | |
|---|---|
4 | Duties of persons being examined, and powers to search them and their belongings. |
5 | Orders about landing and embarkation cards. |
8, 10 and 11 | Arrangements for the removal of persons. |
16, 17 and 18(3) | Detention of persons liable to examination or removal. |
26 and 27 | Supplemental duties of those connected with ships or aircraft or with ports. |
8
A person who knowingly contravenes or fails to comply with an order shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding £200, or to imprisonment for not more than three months, or both.
9
Examining officers appointed in pursuance of sub-paragraph (2) above shall exercise their functions under this Act in accordance with such instructions as may from time to time be given them by the Secretary of State.
2
1
In the case of ships or aircraft—
a
coming to Northern Ireland from any of the other places mentioned in paragraph 1(5) above, or
b
going to Northern Ireland from any of those places,
an order may restrict the ports, areas or places in Northern Ireland which they may use.
2
An order may provide for the supply and use of landing cards and embarkation cards by persons disembarking in Northern Ireland from ships or aircraft, or boarding ships or aircraft about to leave Northern Ireland.
3
An order may make such provision as appears to the Secretary of State expedient as respects persons who enter or leave Northern Ireland by land, or who seek to do so.