SCHEDULES

SCHEDULE 5Aviation, maritime and rail security

PART 1Passenger, crew and service information

Amendments of the Immigration Act 1971

2

In section 27 of that Act (offences by persons connected with ships or aircraft or with ports)—

a

the existing provision becomes subsection (1);

b

at the end insert—

2

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.