Explanatory Notes

Immigration and Asylum Act 1999

1999 CHAPTER 33

11 November 1999

Commentary on Sections

Schedule 14: Consequential amendments

Section 14: Escorts for persons removed from the United Kingdom under directions

69.Where someone is refused leave to enter the United Kingdom, the captain of the ship or aircraft in which he arrived, or the owners or agents of that ship or aircraft, may be directed to remove him, or arrange his removal, from the United Kingdom. Such directions may also be given in respect of an illegal entrant. In such cases, the carrier meets the cost of removing the passenger. Where such directions cannot be given – most usually because the carrier cannot be identified – the Secretary of State may direct the owners or agents of any ship or aircraft to make arrangements for the removal of anyone who is an illegal entrant or who has been refused leave to enter. In these circumstances, the Secretary of State meets the costs of the removal. Removal directions – again at public expense – can also be given in respect of someone who is being deported and will be able to be given under the new powers contained in section 10.

70.It is sometimes necessary for the person being removed to be accompanied by an escort. Section 14 allows such directions to provide for the person being removed to be accompanied by an escort. Subsection (2) allows the Secretary of State to make regulations in respect of such escorts and in particular as to who is to bear the costs.