Immigration Act 1971

IMMIGRATION ACT 1971 CHAPTER 77

UK Statutes Crown Copyright. Reproduced by permission of the
Controller of Her Majesty's Stationery Office.

NOTES

An Act to amend and replace the present immigration laws, to make certain related changes in the citizenship law and enable help to be given to those wishing to return abroad, and for purposes connected therewith.

[October 28, 1971]

Notes:

Act amended by Immigration Act 1988 (c.14), s. 7(3)

UK ST 1971 c 77 (Refs & Annos)

s 1 General principles.

(1) All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.

(2) Those not having that right may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act; and indefinite leave to enter or remain in the United Kingdom shall, by virtue of this provision, be treated as having been given under this Act to those in the United Kingdom at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).

(3) Arrival in and departure from the United Kingdom on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the United Kingdom on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the United Kingdom and those places, or such of them as are not so excluded, are collectively referred to as "the common travel area".

(4) The rules laid down by the Secretary of State as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the United Kingdom. [FN1] [FN2] [ [FN3]] [FN4]

[FN1] In relation to the Isle of Man:

1.-- General principles.

(1) All those who are in this Act expressed to have the right of abode in the Isle of Man shall be free to live in, and to come and go into and from, the Isle of Man without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.

(2) Those not having that right may live, work and settle in the Isle of Man by permission and subject to such regulation and control of their entry into, stay in and departure from the Isle of Man as is imposed by this Act; and indefinite leave to enter or remain in the Isle of Man shall, by virtue of this provision, be treated as having been given under this Act to those in the Isle of Man at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).

(3) Arrival in and departure from the Isle of Man on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the Isle of Man on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the Isle of Man and those places, or such of them as are not so excluded, are collectively referred to as "the common travel area".

(4) The rules laid down by the Secretary of State as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the Isle of Man of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the Isle of Man.

[FN2] In relation to Jersey:

1.-- General principles.

(1) All those who are in this Act expressed to have the right of abode in the Bailiwick of Jersey shall be free to live in, and to come and go into and from, the Bailiwick of Jersey without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.

(2) Those not having that right may live, work and settle in the Bailiwick of Jersey by permission and subject to such regulation and control of their entry into, stay in and departure from the Bailiwick of Jersey as is imposed by this Act; and indefinite leave to enter or remain in the Bailiwick of Jersey shall, by virtue of this provision, be treated as having been given under this Act to those in the Bailiwick of Jersey at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).

(3) Arrival in and departure from the Bailiwick of Jersey on a local journey from or to the United Kingdom, the Bailiwick of Guernsey, the Isle of Man or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the Bailiwick of Jersey on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the Bailiwick of Jersey and those places, or such of them as are not so excluded, are collectively referred to as "the common travel area".

(4) The Committee may make rules as to the practice to be followed in the administration of this Act for regulating the taking of employment by persons not having the right of abode who are given leave to enter the Bailiwick and the Subordinate Legislation (Jersey) Law 1960 shall apply to such rules.

(4A) The Lieutenant-Governor shall give directions as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the Bailiwick of persons not having the right of abode and such directions shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the directions and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for the purposes of study, or as visitors, or as dependants of persons lawfully in or entering the Bailiwick.

[FN3] In relation to Guernsey:

1.-- General principles.

(1) All those who are in this Act expressed to have the right of abode in the Bailiwick of Guernsey shall be free to live in, and to come and go into and from, the Bailiwick of Guernsey without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.

(2) Those not having that right may live, work and settle in the Bailiwick of Guernsey by permission and subject to such regulation and control of their entry into, stay in and departure from the Bailiwick of Guernsey as is imposed by this Act; and indefinite leave to enter or remain in the Bailiwick of Guernsey shall, by virtue of this provision, be treated as having been given under this Act to those in the Bailiwick of Guernsey at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).

(3) Arrival in and departure from the Bailiwick of Guernsey on a local journey from or to the United Kingdom, the Bailiwick of Jersey, the Isle of Man or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the Bailiwick of Guernsey on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the Bailiwick of Guernsey and those places, or such of them as are not so excluded, are collectively referred to as "the common travel area".

(4) The rules made by the Board as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the Bailiwick of Guernsey of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the Bailiwick of Guernsey.

[FN4] modified by SI 1993/1796 (Immigration (Guernsey) Order), Sch 1 (I) Para 1

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 1

UK ST 1971 c 77 Pt I s 1

s 2 Statement of right of abode in United Kingdom.

(1) A person is under this Act to have the right of abode in the United Kingdom if--

(a) he is a British citizen; or

(b) he is a Commonwealth citizen who--

(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii) has not ceased to be a Commonwealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and section 5(2), shall apply as if they were British citizens; and in this Act (except as aforesaid) "British citizen" shall be construed accordingly. [FN1] [FN2] [ [FN3]] [FN4]

[FN1] In relation to the Isle of Man:

2.-- Statement of right of abode in United Kingdom.

(1) A person is under this Act to have the right of abode in the Isle of Man if--

(a) he is a British citizen; or

(b) he is a Commonwealth citizen who--

(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the Isle of Man by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii) has not ceased to be a Commonwealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens who have the right of abode in the Isle of Man by virtue of subsection (1)(b) above, this Act, except this section and section 5(2), shall apply as if they were British citizens; and in this Act (except as aforesaid) "British citizen" shall be construed accordingly.

[FN2] In relation to Guernsey:

2.-- Statement of right of abode in Bailiwick of Guernsey.

(1) A person is under this Act to have the right of abode in the Bailiwick of Guernsey if--

(a) he is a British citizen; or

(b) he is a Commonwealth citizen who--

(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the Bailiwick of Guernsey by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii) has not ceased to be a Commonwealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens who have the right of abode in the Bailiwick of Guernsey by virtue of subsection (1)(b) above, this Act, except this section and section 5(2), shall apply as if they were British citizens; and in this Act (except as aforesaid) "British citizen" shall be construed accordingly.

[FN3] In relation to Jersey:

2.-- Statement of right of abode in Bailiwick of Jersey.

(1) A person is under this Act to have the right of abode in the Bailiwick of Jersey if--

(a) he is a British citizen; or

(b) he is a Commonwealth citizen who--

(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the Bailiwick of Jersey by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and

(ii) has not ceased to be a Commonwealth citizen in the meanwhile.

(2) In relation to Commonwealth citizens who have the right of abode in the Bailiwick of Jersey by virtue of subsection (1)(b) above, this Act, except this section and section 5(2), shall apply as if they were British citizens; and in this Act (except as aforesaid) "British citizen" shall be construed accordingly.

[FN4] modified by SI 1993/1797 (Immigration (Jersey) Order), Sch 1 (I) Para 2

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 2

UK ST 1971 c 77 Pt I s 2

s 3 General provisions for regulation and control.

(1) Except as otherwise provided by or under this Act, where a person is not a British citizen

(a) he shall not enter the United Kingdom unless given leave to do so in accordance with the provisions of, or made under, this Act;

(b) he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;

(c) if he is given a limited leave to enter or remain in the United Kingdom, it may be given subject to conditions restricting his employment or occupation in the United Kingdom, or requiring him to register with the police, or both.

(2) The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).

If a statement laid before either House of Parliament under this subsection is disapproved by a resolution of that House passed within the period of forty days beginning with the date of laying (and exclusive of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days), then the Secretary of State shall as soon as may be make such changes or further changes in the rules as appear to him to be required in the circumstances, so that the statement of those changes be laid before Parliament at latest by the end of the period of forty days beginning with the date of the resolution (but exclusive as aforesaid).

(3) In the case of a limited leave to enter or remain in the United Kingdom,--

(a) a person's leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and

(b) the limitation on and any conditions attached to a person's leave (whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave.

(4) A person's leave to enter or remain in the United Kingdom shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the United Kingdom in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.

(4A) For the purposes of subsection (4) above a person seeking to leave the United Kingdom through the tunnel system who is refused admission to France shall be treated as having gone to a country outside the common travel area.

(5) A person who is not a British citizen shall be liable to deportation from the United Kingdom--

(a) if, having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave; or

(aa) if he has obtained leave to remain by deception; or

(b) if the Secretary of State deems his deportation to be conducive to the public good; or

(6) Without prejudice to the operation of subsection (5) above, a person who is not a British citizen shall also be liable to deportation from the United Kingdom if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.

(7) Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on British citizens, British overseas territories citizens or British Overseas citizens when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not British citizens from embarking in the United Kingdom, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the United Kingdom; and Her Majesty may also make provision by Order in Council to enable those who are not British citizens to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition.

Any Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) When any question arises under this Act whether or not a person is a British citizen, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.

(9) A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of either--

(a) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or

(b) a certificate of entitlement[...] [FN1]. [FN2] [FN3] [FN4]

[FN1] words repealed by Nationality, Immigration and Asylum Act (2002 c.41), Sch 9 Para 1

[FN2] In relation to the Isle of Man:

3.-- General provisions for regulation and control.

(1) Except as otherwise provided by or under this Act, where a person is not a British citizen

(a) he shall not enter the Isle of Man unless given leave to do so in accordance with the provisions of, or made under, this Act;

(b) he may be given leave to enter the Isle of Man (or, when already there, leave to remain in the Isle of Man) either for a limited or for an indefinite period;

(c) if he is given a limited leave to enter or remain in the Isle of Man, it may be given subject to conditions restricting his employment or occupation in the Isle of Man, or requiring him to register with the police, or both.

(2) The Lieutenant-Governor shall from time to time (and as soon as may be) lay before Tynwald statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the Isle of Man of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).

If a statement laid before Tynwald under this subsection is disapproved by resolution passed at the sitting before which it is so laid or at the next following sitting of Tynwald then the Lieutenant-Governor shall make changes or further changes in the rules as appear to him to be required in the circumstances and the statement of those changes shall be laid before Tynwald at the sitting next following that at which the said resolution was passed.

(3) In the case of a limited leave to enter or remain in the Isle of Man,--

(b) the limitation on and any conditions attached to a person's leave (whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the Isle of Man within the period limited for the duration of the earlier leave.

(4) A person's leave to enter or remain in the Isle of Man shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the Isle of Man in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.

(5) A person who is not a British citizen shall be liable to deportation from the Isle of Man--

(a) if, having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave; or

(aa) if he has obtained leave to remain by deception; or

(b) if the Lieutenant-Governor deems his deportation to be conducive to the public good; or

(6) Without prejudice to the operation of subsection (5) above, a person who is not a British citizen shall also be liable to deportation from the Isle of Man if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.

(7) Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on British citizens, British overseas territories citizens or British Overseas citizens when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not British citizens from embarking in the Isle of Man, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the Isle of Man; and Her Majesty may also make provision by Order in Council to enable those who are not British citizens to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition.

(8) When any question arises under this Act whether or not a person is a British citizen, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.

(9) A person seeking to enter the Isle of Man and claiming to have the right of abode there shall prove that he has that right by means of either--

(a) a Isle of Man passport describing him as a British citizen or as a citizen of the Isle of Man and Colonies having the right of abode in the Isle of Man; or

(b) a certificate of entitlement issued by or on behalf of the Government of the Isle of Man certifying that he has such a right of abode.

[FN3] In relation to Guernsey:

3.-- General provisions for regulation and control.

(1) Except as otherwise provided by or under this Act, where a person is not a British citizen

(a) he shall not enter the Bailiwick of Guernsey unless given leave to do so in accordance with the provisions of, or made under, this Act;

(b) he may be given leave to enter the Bailiwick of Guernsey (or, when already there, leave to remain in the Bailiwick of Guernsey) either for a limited or for an indefinite period;

(c) if he is given limited leave to enter or remain in the Bailiwick of Guernsey, it may be given subject to all or any of the following conditions, namely--

(i) a condition restricting his employment or occupation in the Bailiwick of Guernsey.

(ii) a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; and

(iii) a condition requiring him to register as provided under section 4(3) below.

(2) The Board may from time to time make rules as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the Bailiwick of Guernsey of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).

As soon as may be after the making of any such rules the Board shall lay them before the States and, if at the meeting at which they are laid or at the next subsequent meeting the States resolve that the rules shall be disapproved, then the Board shall, as soon as may be, revoke or amend those rules by further rules, as appears to them requisite in the circumstances; and the provisions of this paragraph shall apply in relation to such further rules.

(3) In the case of a limited leave to enter or remain in the Bailiwick of Guernsey,--

(b) the limitation on and any conditions attached to a person's leave (whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the Bailiwick of Guernsey within the period limited for the duration of the earlier leave.

(4) A person's leave to enter or remain in the Bailiwick of Guernsey shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the Bailiwick of Guernsey in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.

(5) A person who is not a British citizen shall be liable to deportation from the Bailiwick of Guernsey--

(a) if, having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave; or

(aa) if he has obtained leave to remain by deception; or

(b) if the Lieutenant-Governor deems his deportation to be conducive to the public good; or

(6) Without prejudice to the operation of subsection (5) above, a person who is not a British citizen shall also be liable to deportation from the Bailiwick of Guernsey if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.

(7) Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on British citizens, British overseas territories citizens or British Overseas citizens when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not British citizens from embarking in the Bailiwick of Guernsey, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the Bailiwick of Guernsey; and Her Majesty may also make provision by Order in Council to enable those who are not British citizens to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition.

(8) When any question arises under this Act whether or not a person is a British citizen, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.

(9) A person seeking to enter the Bailiwick of Guernsey and claiming to have the right of abode there shall prove that he has that right by means of either--

(a) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the Bailiwick of Guernsey; or

(b) a certificate of entitlement issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode.

[FN4] In relation to Jersey:

3.-- General provisions for regulation and control.

(1) Except as otherwise provided by or under this Act, where a person is not a British citizen

(a) he shall not enter the Bailiwick of Jersey unless given leave to do so in accordance with the provisions of, or made under, this Act;

(b) he may be given leave to enter the Bailiwick of Jersey (or, when already there, leave to remain in the Bailiwick of Jersey) either for a limited or for an indefinite period;

(c) if he is given a limited leave to enter or remain in the Bailiwick of Jersey, it may be given subject to conditions restricting his employment or occupation in the Bailiwick of Jersey, or requiring him to register as provided under section 4(3) below, or both.

(2) Section 1(4) and (4A) of this Act shall not be taken to require uniform provision to be made as regards admission of persons for a purpose or in a capacity specified in the said section (and, in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).

(3) In the case of a limited leave to enter or remain in the Bailiwick of Jersey,--

(b) the limitation on and any conditions attached to a person's leave (whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the Bailiwick of Jersey within the period limited for the duration of the earlier leave.

(4) A person's leave to enter or remain in the Bailiwick of Jersey shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the Bailiwick of Jersey in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.

(5) A person who is not a British citizen shall be liable to deportation from the Bailiwick of Jersey--

(a) if, having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave; or

(aa) if he has obtained leave to remain by deception; or

(b) if the Lieutenant-Governor deems his deportation to be conducive to the public good; or

(6) Without prejudice to the operation of subsection (5) above, a person who is not a British citizen shall also be liable to deportation from the Bailiwick of Jersey if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.

(7) Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on British citizens, British overseas territories citizens or British Overseas citizens when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not British citizens from embarking in the Bailiwick of Jersey, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the Bailiwick of Jersey; and Her Majesty may also make provision by Order in Council to enable those who are not British citizens to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition.

(7A) Any reference in an Order in Council under subsection (7) above to embarking or being about to embark shall be construed as including a reference to leaving or seeking to leave the United Kingdom through the tunnel system.

(8) When any question arises under this Act whether or not a person is a British citizen, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.

(9) A person seeking to enter the Bailiwick of Jersey and claiming to have the right of abode there shall prove that he has that right by means of either--

(a) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or

(b) a certificate of entitlement issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode.

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 3

UK ST 1971 c 77 Pt I s 3

s 3A Further provision as to leave to enter.

[

3A.-- Further provision as to leave to enter.

(1) The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom.

(2) An order under subsection (1) may, in particular, provide for--

(a) leave to be given or refused before the person concerned arrives in the United Kingdom;

(b) the form or manner in which leave may be given, refused or varied;

(d) a person's leave to enter not to lapse on his leaving the common travel area.

(3) The Secretary of State may by order provide that, in such circumstances as may be prescribed--

(a) an entry visa, or

(b) such other form of entry clearance as may be prescribed,

is to have effect as leave to enter the United Kingdom.

(4) An order under subsection (3) may, in particular--

(a) provide for a clearance to have effect as leave to enter--

(i) on a prescribed number of occasions during the period for which the clearance has effect;

(ii) on an unlimited number of occasions during that period;

(iii) subject to prescribed conditions; and

(b) provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect.

(5) Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed.

(6) In subsections (3), (4) and (5) "prescribed" means prescribed in an order made under subsection (3).

(7) The Secretary of State may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the United Kingdom.

(8) An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Secretary of State of functions which he has as a result of the order, as if references to an immigration officer included references to the Secretary of State.

(9) Subsection (8) is not to be read as affecting any power conferred by subsection (10).

(10) An order under this section may--

(a) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b) make different provision for different cases.

(11) This Act and any provision made under it has effect subject to any order made under this section.

(12) An order under this section must be made by statutory instrument.

(13) But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

] [FN1]

Notes:

Act amended by Immigration Act 1988 (c.14), s. 7(3)

[FN1] added by Immigration and Asylum Act (1999 c.33), Pt I s 1

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 3A

UK ST 1971 c 77 Pt I s 3A

s 3B Further provision as to leave to remain.

[

3B.-- Further provision as to leave to remain.

(1) The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to remain in the United Kingdom.

(2) An order under subsection (1) may, in particular, provide for--

(a) the form or manner in which leave may be given, refused or varied;

(b) the imposition of conditions;

(3) An order under this section may--

(a) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b) make different provision for different cases.

(4) This Act and any provision made under it has effect subject to any order made under this section.

(5) An order under this section must be made by statutory instrument.

(6) But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

] [FN1]

Notes:

Act amended by Immigration Act 1988 (c.14), s. 7(3)

[FN1] added by Immigration and Asylum Act (1999 c.33), Pt I s 2

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 3B

UK ST 1971 c 77 Pt I s 3B

s 3C Continuation of leave pending variation decision

[

3C Continuation of leave pending variation decision

(1) This section applies if--

(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

(b) the application for variation is made before the leave expires, and

(2) The leave is extended by virtue of this section during any period when--

(a) the application for variation is neither decided nor withdrawn,

(b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or

(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.

(5) But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).

(6) In this section a reference to an application being decided is a reference to notice of the decision being given in accordance with regulations under section 105 of that Act (notice of immigration decision).

] [FN1]

Notes:

Act amended by Immigration Act 1988 (c.14), s. 7(3)

[FN1] substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 6 s 118

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 3C

UK ST 1971 c 77 Pt I s 3C

s 4 Administration of control.

(1) The power under this Act to give or refuse leave to enter the United Kingdom shall be exercised by immigration officers, and the power to give leave to remain in the United Kingdom, or to vary any leave under section 3(3)(a) (whether as regards duration or conditions), shall be exercised by the Secretary of State; and, unless otherwise [allowed by or under] [FN1] this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order made by statutory instrument.

(2) The provisions of Schedule 2 to this Act shall have effect with respect to--

(a) the appointment and powers of immigration officers and medical inspectors for purposes of this Act;

(b) the examination of persons arriving in or leaving, or seeking to arrive in or leave, the United Kingdom through the tunnel system, and the special powers exercisable in the case of those who arrive as members of the crews of through trains or shuttle trains; and

(c) the exercise by immigration officers of their powers in relation to entry into the United Kingdom, and the removal from the United Kingdom of persons refused leave to enter or entering or remaining unlawfully; and

(d) the detention of persons pending examination or pending removal from the United Kingdom;

and for other purposes supplementary to the foregoing provisions of this Act.

(3) The Secretary of State may by regulations made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make provision as to the effect of a condition under this Act requiring a person to register with the police; and the regulations may include provision--

(a) as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers;

(b) as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;

and the regulations may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the regulations.

(4) The Secretary of State may by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether British citizens or not) who stay at any such premises to supply the necessary information. [FN2] [FN4] [FN6]

[FN1] words substituted by Immigration and Asylum Act (1999 c.33), Sch 14 Para 45

[FN2] In relation to the Isle of Man:

4.-- Administration of control.

(1) The power under this Act to give or refuse leave to enter the Isle of Man shall be exercised by immigration officers, and the power to give leave to remain in the Isle of Man, or to vary any leave under section 3(3)(a) (whether as regards duration or conditions), shall be exercised by the Lieutenant-Governor; and, unless otherwise [allowed by or under] [FN3] this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order made by statutory instrument.

(2) The provisions of Schedule 2 to this Act shall have effect with respect to--

(a) the appointment and powers of immigration officers and medical inspectors for purposes of this Act;

(b) the examination of persons arriving in or leaving the Isle of Man by ship or aircraft, and the special powers exercisable in the case of those who arrive as members of the crews of through trains or shuttle trains; and

(c) the exercise by immigration officers of their powers in relation to entry into the Isle of Man, and the removal from the Isle of Man of persons refused leave to enter or entering or remaining unlawfully; and

(d) the detention of persons pending examination or pending removal from the Isle of Man;

and for other purposes supplementary to the foregoing provisions of this Act.

(3) The Lieutenant-Governor may by regulations, which shall be subject to annulment in pursuance of a resolution of either Tynwald, make provision as to the effect of a condition under this Act requiring a person to register with the police; and the regulations may include provision--

(a) as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers;

(b) as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;

(4) The Lieutenant-Governor may by order, which shall be subject to annulment in pursuance of a resolution of Tynwald, make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether British citizens or not) who stay at any such premises to supply the necessary information.

[FN3] words substituted by Immigration and Asylum Act (1999 c.33), Sch 14 Para 45

[FN4] In relation to Jersey:

4.-- Administration of control.

(1) The following powers under this Act shall be exercised as hereinafter provided, that is to say--

(a) the power to give or refuse leave to enter the Bailiwick of Jersey shall be exercised by immigration officers,

(b) the power to give leave to remain in the Bailiwick of Jersey, and the power under section 3(3)(a) to vary any leave as regards duration, shall be exercised by the Lieutenant-Governor, and

(c) the power under section 3(3)(a) to vary any leave otherwise than as regards duration shall be exercised by the Committee,

and, unless otherwise [allowed by or under] [FN5] this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order.

(2) The provisions of Schedule 2 to this Act shall have effect with respect to--

(a) the appointment and powers of immigration officers and medical inspectors for purposes of this Act;

(b) the examination of persons arriving in or leaving the Bailiwick of Jersey by ship or aircraft, and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and

(c) the exercise by immigration officers of their powers in relation to entry into the Bailiwick of Jersey, and the removal from the Bailiwick of Jersey of persons refused leave to enter or entering or remaining unlawfully; and

(d) the detention of persons pending examination or pending removal from the Bailiwick of Jersey;

and for other purposes supplementary to the foregoing provisions of this Act.

(3) The Committee may by order make provision as to the effect of a condition under this Act requiring a person to register; and the order may include provision--

(a) as to the body or person by whom registers are to be maintained, and as to the form and content of the registers;

(b) as to the body or person with whom and as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;

and the order may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the order.

(4) The Committee may by order make such provision as appears to it to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether British citizens or not) who stay at any such premises to supply the necessary information.

[FN5] words substituted by Immigration and Asylum Act (1999 c.33), Sch 14 Para 45

[FN6] In relation to Guernsey:

4.-- Administration of control.

(1) The following powers under this Act shall be exercised as hereinafter provided, that is to say--

(a) the power to give or refuse leave to enter the Bailiwick of Guernsey shall be exercised by immigration officers,

(b) the power to give leave to remain in the Bailiwick of Guernsey, and the power under section 3(3)(a) to vary any leave as regards duration, shall be exercised by the Lieutenant-Governor, and

(c) the power under section 3(3)(a) to vary any leave otherwise than as regards duration shall be exercised by the Board,

and, unless otherwise [allowed by or under] [FN7] this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order.

(2) The provisions of Schedule 2 to this Act shall have effect with respect to--

(a) the appointment and powers of immigration officers and medical inspectors for purposes of this Act;

(b) the examination of persons arriving in or leaving the Bailiwick of Guernsey by ship or aircraft, and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and

(c) the exercise by immigration officers of their powers in relation to entry into the Bailiwick of Guernsey, and the removal from the Bailiwick of Guernsey of persons refused leave to enter or entering or remaining unlawfully; and

(d) the detention of persons pending examination or pending removal from the Bailiwick of Guernsey;

and for other purposes supplementary to the foregoing provisions of this Act.

(3) The States may by Ordinance make provision as to the effect of a condition under this Act requiring a person to register; and such an Ordinance may include provision--

(a) as to the body or person by whom registers are to be maintained, and as to the form and content of the registers;

and such an Ordinance may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by such an Ordinance.

(4) The States may by Ordinance make such provision as appears expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether British citizens or not) who stay at any such premises to supply the necessary information.

[FN7] words substituted by Immigration and Asylum Act (1999 c.33), Sch 14 Para 45

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 4

UK ST 1971 c 77 Pt I s 4

s 5 Procedure for, and further provisions as to, deportation.

(1) Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Secretary of State may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the United Kingdom; and a deportation order against a person shall invalidate any leave to enter or remain in the United Kingdom given him before the order is made or while it is in force.

(2) A deportation order against a person may at any time be revoked by a further order of the Secretary of State, and shall cease to have effect if he becomes a British citizen.

(3) A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the United Kingdom after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.

(4) For the purposes of deportation the following shall be those who are regarded as belonging to another person's family--

(a) where that other person is a man, his wife and his or her children under the age of eighteen; and

[

(b) where that other person is a woman, her husband and her or his children under the age of eighteen;

] [FN1]and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and "wife" includes each of two or more wives.

(5) The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the United Kingdom of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.

(6) Where a person is liable to deportation under section 3(5) or (6) above but, without a deportation order being made against him, leaves the United Kingdom to live permanently abroad, the Secretary of State may make payments of such amounts as he may determine to meet that person's expenses in so leaving the United Kingdom, including travelling expenses for members of his family or household. [FN2] [FN4] [FN6]

[FN1] substituted by Asylum and Immigration Act (1996 c.49), Sch 2 Para 2

[FN2] In relation to the Isle of Man:

5.-- Procedure for, and further provisions as to, deportation.

(1) Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Lieutenant-Governor may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the Isle of Man; and a deportation order against a person shall invalidate any leave to enter or remain in the Isle of Man given him before the order is made or while it is in force.

(2) A deportation order against a person may at any time be revoked by a further order of the Lieutenant-Governor, and shall cease to have effect if he becomes a British citizen.

(3) A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the Isle of Man after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.

(4) For the purposes of deportation the following shall be those who are regarded as belonging to another person's family--

(a) where that other person is a man, his wife and his or her children under the age of eighteen; and

[

(b) where that other person is a woman, her husband and her or his children under the age of eighteen;

] [FN3]and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and "wife" includes each of two or more wives.

(5) The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the Isle of Man of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.

(6) Where a person is liable to deportation under section 3(5) or (6) above but, without a deportation order being made against him, leaves the Isle of Man to live permanently abroad, the Lieutenant-Governor may make payments of such amounts as he may determine to meet that person's expenses in so leaving the Isle of Man, including travelling expenses for members of his family or household.

[FN3] substituted by Asylum and Immigration Act (1996 c.49), Sch 2 Para 2

[FN4] In relation to Jersey:

5.-- Procedure for, and further provisions as to, deportation.

(1) Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Lieutenant-Governor may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the Bailiwick of Jersey; and a deportation order against a person shall invalidate any leave to enter or remain in the Bailiwick of Jersey given him before the order is made or while it is in force.

(2) A deportation order against a person may at any time be revoked by a further order of the Lieutenant-Governor, and shall cease to have effect if he becomes a British citizen.

(3) A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the Bailiwick of Jersey after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.

(4) For the purposes of deportation the following shall be those who are regarded as belonging to another person's family--

(a) where that other person is a man, his wife and his or her children under the age of eighteen; and

[

(b) where that other person is a woman, her husband and her or his children under the age of eighteen;

] [FN5]and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and "wife" includes each of two or more wives.

(5) The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the Bailiwick of Jersey of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.

(6) Where a person is liable to deportation under section 3(5) or (6) above but, without a deportation order being made against him, leaves the Bailiwick of Jersey to live permanently abroad, the Committee may make payments of such amounts as he may determine to meet that person's expenses in so leaving the Bailiwick of Jersey, including travelling expenses for members of his family or household.

[FN5] substituted by Asylum and Immigration Act (1996 c.49), Sch 2 Para 2

[FN6] In relation to Guernsey:

5.-- Procedure for, and further provisions as to, deportation.

(1) Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Lieutenant-Governor may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the Bailiwick of Guernsey; and a deportation order against a person shall invalidate any leave to enter or remain in the Bailiwick of Guernsey given him before the order is made or while it is in force.

(2) A deportation order against a person may at any time be revoked by a further order of the Lieutenant-Governor, and shall cease to have effect if he becomes a British citizen.

(3) A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the Bailiwick of Guernsey after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.

(4) For the purposes of deportation the following shall be those who are regarded as belonging to another person's family--

(a) where that other person is a man, his wife and his or her children under the age of eighteen; and

[

(b) where that other person is a woman, her husband and her or his children under the age of eighteen;

] [FN7]and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and "wife" includes each of two or more wives.

(5) The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the Bailiwick of Guernsey of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.

(6) Where a person is liable to deportation under section 3(5) or (6) above but, without a deportation order being made against him, leaves the Bailiwick of Guernsey to live permanently abroad, the Board may make payments of such amounts as he may determine to meet that person's expenses in so leaving the Bailiwick of Guernsey, including travelling expenses for members of his family or household.

[FN7] substituted by Asylum and Immigration Act (1996 c.49), Sch 2 Para 2

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 5

UK ST 1971 c 77 Pt I s 5

s 6 Recommendations by court for deportation.

(1) Where under section 3(6) above a person convicted of an offence is liable to deportation on the recommendation of a court, he may be recommended for deportation by any court having power to sentence him for the offence unless the court commits him to be sentenced or further dealt with for that offence by another court:

Provided that in Scotland the power to recommend a person for deportation shall be exercisable only by the sheriff or the High Court of Justiciary, and shall not be exercisable by the latter on an appeal unless the appeal is against a conviction on indictment or against a sentence upon such a conviction.

(2) A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is a British citizen, describing the persons who are British citizens and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of adjournment conferred by section 10(3) of the Magistrates' Courts Act 1980, section 179 or 380 of the Criminal Procedure (Scotland) Act 1975 or any corresponding enactment for the time being in force in Northern Ireland shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.

(3) For purposes of section 3(6) above--

(a) a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation; and

(b) the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any enactment restricting the imprisonment of young offenders or persons who have not previously been sentenced to imprisonment;

and for purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwithstanding any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly.

(4) Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life.

(a) the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence

(b)

(6) A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal or, in Scotland, until the expiration of twenty-eight days from the date of the recommendation.

(7) For the purpose of giving effect to any of the provisions of this section in its application to Scotland, the High Court of Justiciary shall have power to make rules by act of adjournal. [FN1] [FN2] [ [FN3]] [FN4]

[FN1] In relation to the Isle of Man:

6.-- Recommendations by court for deportation.

(2) A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is a British citizen, describing the persons who are British citizens and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of a court to adjourn shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.

(3) For purposes of section 3(6) above--

(5) Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or against the conviction on which it is made but the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence.

[FN2] In relation to Guernsey:

6.-- Recommendations by court for deportation.

(2) A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is a British citizen, describing the persons who are British citizens and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of a court to adjourn shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.

(3) For purposes of section 3(6) above--

(a) the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence

[FN3] In relation to Jersey:

6.-- Recommendations by court for deportation.

(2) A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is a British citizen, describing the persons who are British citizens and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of a court to adjourn shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.

(3) For purposes of section 3(6) above--

(a) the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence

(b)

[FN4] modified by SI 1993/1797 (Immigration (Jersey) Order), Sch 1 (I) Para 6

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 6

UK ST 1971 c 77 Pt I s 6

s 7 Exemption from deportation for certain existing residents.

(1) Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the United Kingdom--

[

(b) shall not be liable to deportation under section 3(5) if at the time of the Secretary of State's decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;

] [FN1]

(c) shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.

(2) A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.

(3) The "last five years" before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.

(4) For purposes of subsection (3) above--

(a) "sentence" includes any order made on conviction of an offence; and

(b) two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and

(i) at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and

(ii) (unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.

In paragraph (c)(ii) above "relative enactment" means section 67 of the Criminal Justice Act 1967 (or, before that section operated, section 17(2) of the Criminal Justice Administration Act 1962) and any similar enactment 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.

(5) Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section. [FN2] [FN4] [FN6]

[FN1] substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 4 s 75 (3)

[FN2] In relation to the Isle of Man:

7.-- Exemption from deportation for certain existing residents.

[

] [FN3]

(4) For purposes of subsection (3) above--

(a) "sentence" includes any order made on conviction of an offence; and

(b) two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and

(i) at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and

(ii) (unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.

In paragraph (c)(ii) above "relative enactment" means section 21 of the Criminal Justice Act 1963 (an Act of Tynwald) and any similar enactment 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.

(5) Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.

[FN3] substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 4 s 75 (3)

[FN4] In relation to Guernsey:

7.-- Exemption from deportation for certain existing residents.

[

] [FN5]

(4) For purposes of subsection (3) above--

(a) "sentence" includes any order made on conviction of an offence; and

(b) two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and

(i) at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large;

(5) Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.

[FN5] substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 4 s 75 (3)

[FN6] In relation to Jersey:

7.-- Exemption from deportation for certain existing residents.

[

] [FN7]

(4) For purposes of subsection (3) above--

(a) "sentence" includes any order made on conviction of an offence; and

(b) two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and

(i) at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large;

(5) Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.

[FN7] substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 4 s 75 (3)

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 7

UK ST 1971 c 77 Pt I s 7

s 8 Exceptions for seamen, aircrews and other special cases.

(1) Where a person arrives at a place in the United Kingdom as a member of the crew of a through train or shuttle train under an engagement requiring him to leave within seven days as a member of the crew of that or another such train, then unless either--

(a) there is in force a deportation order made against him; or

(b) he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom; or

he may without leave enter the United Kingdom at that place and remain until the departure of the through train or shuttle train on which he is required by his engagement to leave.

(2) The Secretary of State may by order exempt any person or class of persons, either unconditionally or subject to such conditions as may be imposed by or under the order, from all or any of the provisions of this Act relating to those who are not British citizens.

An order under this subsection, if made with respect to a class of persons, shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Subject to subsection (3A) below, the provisions of this Act relating to those who are not British citizens shall not apply to any person so long as he is a member of a mission (within the meaning of the Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent.

[

(3A) For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless--

(a) he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and

(b) he has not ceased to be such a member after having taken up the post.

] [FN1]

(4) The provisions of this Act relating to those who are not British citizens, other than the provisions relating to deportation, shall also not apply to any person so long as either--

(a) he is subject, as a member of the home forces, to service law; or

(b) being a member of a Commonwealth force or of a force raised under the law of any colony, protectorate or protected state, is undergoing or about to undergo training in the United Kingdom with any body, contingent or detachment of the home forces; or

(c) he is serving or posted for service in the United Kingdom as a member of a visiting force or of any force raised as aforesaid or as a member of an international headquarters or defence organisation designated for the time being by an Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964.

(5) Where a person having a limited leave to enter or remain in the United Kingdom becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.

(5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the United Kingdom for the purposes of section 1(1) of the British Nationality Act 1981.

(6) In this section "the home forces" means any of Her Majesty's forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; "Commonwealth force" means a force of any country to which provisions of the Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and "visiting force" means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the United Kingdom on the invitation of Her Majesty's Government in the United Kingdom. [FN2] [FN3] [FN4]

[FN1] substituted by Immigration and Asylum Act (1999 c.33), Pt I s 6

[FN2] In relation to the Isle of Man:

8.-- Exceptions for seamen, aircrews and other special cases.

(1) Where a person arrives at a place in the Isle of Man as a member of the crew of a through train or shuttle train under an engagement requiring him to leave within seven days as a member of the crew of that or another such train, then unless either--

(a) there is in force a deportation order made against him; or

(b) he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the Isle of Man; or

he may without leave enter the Isle of Man at that place and remain until the departure of the through train or shuttle train on which he is required by his engagement to leave.

(2) The Lieutenant-Governor may by order exempt any person or class of persons, shall be subject to annulment in pursuance of a resolution of Tynwald.

(3) Subject to subsection (3A) below, the provisions of this Act relating to those who are not British citizens shall not apply to any person so long as he is a member of a mission (within the meaning of the Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled within the United Kingdom to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent.

(3A) In the case of a member of a mission other than a diplomatic agent (within the meaning of the said Act of 1964) subsection (3) above shall apply only if he enters or has entered the Isle of Man--

(a) as a member of that mission; or

(b) in order to take up a post as such a member which was offered to him before his arrival;

and references in that subsection to a member of a mission shall be construed accordingly.

(4) The provisions of this Act relating to those who are not British citizens, other than the provisions relating to deportation, shall also not apply to any person so long as either--

(a) he is subject, as a member of the home forces, to service law; or

(b) being a member of a Commonwealth force or of a force raised under the law of any colony, protectorate or protected state, is undergoing or about to undergo training in the Isle of Man with any body, contingent or detachment of the home forces; or

(5) Where a person having a limited leave to enter or remain in the Isle of Man becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been settled in the Isle of Man at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.

(5A) An order under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in the Isle of Man for the purposes of section 1(1) of the British Nationality Act 1981.

(6) In this section "the home forces" means any of Her Majesty's forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; "Commonwealth force" means a force of any country to which provisions of the Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and "visiting force" means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the Isle of Man on the invitation of Her Majesty's Government in the Isle of Man.

[FN3] In relation to Guernsey:

8.-- Exceptions for seamen, aircrews and other special cases.

(1) Where a person arrives at a place in the Bailiwick of Guernsey as a member of the crew of a through train or shuttle train under an engagement requiring him to leave within seven days as a member of the crew of that or another such train, then unless either--

(a) there is in force a deportation order made against him; or

(b) he has at any time been refused leave to enter the Bailiwick of Guernsey and has not since then been given leave to enter or remain in the Bailiwick of Guernsey; or

he may without leave enter the Bailiwick of Guernsey at that place and remain until the departure of the through train or shuttle train on which he is required by his engagement to leave.

(2) The Board may, with the concurrence of the Lieutenant-Governor, direct that any particular person or class of persons shall be exempt, either unconditionally or subject to such conditions as the Board may impose, from all or any of the provisions of this Act relating to those who are not British citizens.

(3) Subject to subsection (3A) below, the provisions of this Act relating to those who are not British citizens shall not apply to any person so long as he is a member of a mission (within the meaning of the Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled within the United Kingdom to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent.

(a) as a member of that mission; or

(b) in order to take up a post as such a member which was offered to him before his arrival;

and references in that subsection to a member of a mission shall be construed accordingly.

(4) The provisions of this Act relating to those who are not British citizens, other than the provisions relating to deportation, shall also not apply to any person so long as either--

(a) he is subject, as a member of the home forces, to service law; or

(b) being a member of a Commonwealth force or of a force raised under the law of any colony, protectorate or protected state, is undergoing or about to undergo training in the Bailiwick of Guernsey with any body, contingent or detachment of the home forces; or

(5) Where a person having a limited leave to enter or remain in the Bailiwick of Guernsey becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been settled in the Bailiwick of Guernsey at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any direction under subsection (2) above.

(5A) A direction under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the direction) as settled in the Bailiwick of Guernsey for the purposes of section 1(1) of the British Nationality Act 1981.

(6) In this section "the home forces" means any of Her Majesty's forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; "Commonwealth force" means a force of any country to which provisions of the Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and "visiting force" means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the Bailiwick of Guernsey on the invitation of Her Majesty's Government in the United Kingdom.

[FN4] In relation to Jersey:

8.-- Exceptions for seamen, aircrews and other special cases.

(1) Where a person arrives at a place in the Bailiwick of Jersey as a member of the crew of a through train or shuttle train under an engagement requiring him to leave within seven days as a member of the crew of that or another such train, then unless either--

(a) there is in force a deportation order made against him; or

(b) he has at any time been refused leave to enter the Bailiwick of Jersey and has not since then been given leave to enter or remain in the Bailiwick of Jersey; or

he may without leave enter the Bailiwick of Jersey at that place and remain until the departure of the through train or shuttle train on which he is required by his engagement to leave.

(2) The Committee may direct that any particular person or class of persons shall be exempt either conditionally or subject to such conditions as the Committee may impose from all or any of the provisions of this Act relating to those who are not British citizens insofar as those provisions apply to the taking of employment; and the Lieutenant-Governor may direct that any particular person or class of persons shall be exempt either unconditionally or subject to such conditions as the Lieutenant-Governor may impose from all or any of the remaining provisions of this Act relating to those who are not British citizens.

(3) Subject to subsection (3A) below, the provisions of this Act relating to those who are not British citizens shall not apply to any person so long as he is a member of a mission (within the meaning of the Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled within the United Kingdom to the like immunity from jurisdiction as is conferred by that Act on a diplomatic agent.

(a) as a member of that mission; or

(b) in order to take up a post as such a member which was offered to him before his arrival;

and references in that subsection to a member of a mission shall be construed accordingly.

(4) The provisions of this Act relating to those who are not British citizens, other than the provisions relating to deportation, shall also not apply to any person so long as either--

(a) he is subject, as a member of the home forces, to service law; or

(b) being a member of a Commonwealth force or of a force raised under the law of any colony, protectorate or protected state, is undergoing or about to undergo training in the Bailiwick of Jersey with any body, contingent or detachment of the home forces; or

(5) Where a person having a limited leave to enter or remain in the Bailiwick of Jersey becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been settled in the Bailiwick of Jersey at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any direction under subsection (2) above.

(5A) A direction under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the direction) as settled in the Bailiwick of Jersey for the purposes of section 1(1) of the British Nationality Act 1981.

(6) In this section "the home forces" means any of Her Majesty's forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; "Commonwealth force" means a force of any country to which provisions of the Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and "visiting force" means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the Bailiwick of Jersey on the invitation of Her Majesty's Government in the Bailiwick of Jersey.

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 8

UK ST 1971 c 77 Pt I s 8

s 8A Persons ceasing to be exempt.

[

8A.-- Persons ceasing to be exempt.

(1) A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).

(2) If a person who is exempt--

(a) ceases to be exempt, and

(b) requires leave to enter or remain in the United Kingdom as a result,

he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.

(3) If--

(a) a person who is exempt ceases to be exempt, and

(b) there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),

his leave is to be treated as expiring at the end of that period.

] [FN1]

Notes:

Act amended by Immigration Act 1988 (c.14), s. 7(3)

[FN1] added by Immigration and Asylum Act (1999 c.33), Pt I s 7

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 8A

UK ST 1971 c 77 Pt I s 8A

s 8B Persons excluded from the United Kingdom under international obligations.

[

8B.-- Persons excluded from the United Kingdom under international obligations.

(1) An excluded person must be refused--

(a) leave to enter the United Kingdom;

(b) leave to remain in the United Kingdom.

(2) A person's leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.

(3) A person's exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.

(4) "Excluded person" means a person--

(a) named by or under, or

(b) of a description specified in,

a designated instrument.

(5) The Secretary of State may be order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it--

(a) requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or

(b) recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).

(6) Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.

(7) An order under this section must be made by statutory instrument.

(8) Such a statutory instrument shall be laid before Parliament without delay.

] [FN1]

Notes:

Act amended by Immigration Act 1988 (c.14), s. 7(3)

[FN1] added by Immigration and Asylum Act (1999 c.33), Pt I s 8

GENERAL MATERIALS

Royal Assent date - Long Title - Notes

UK-LIF ST 1971 c 77 Pt I s 8B

UK ST 1971 c 77 Pt I s 8B

s 9 Further provisions as to common travel area.

(1) Subject to subsection (5) below, the provisions of Schedule 4 to this Act shall have effect for the purpose of taking account in the United Kingdom of the operation in any of the Islands of the immigration laws there.

(2) Persons who lawfully enter the United Kingdom on a local journey from a place in the common travel area after having either--

(a) entered any of the Islands or the Republic of Ireland on coming from a place outside the common travel area; or

(b) left the United Kingdom while having a limited leave to enter or remain which has since expired;

if they are not British citizens (and are not to be regarded under Schedule 4 to this Act as having leave to enter the United Kingdom), shall be subject in the United Kingdom to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register with the police or both, as may be imposed by an order of the Secretary of State and may be applicable to them.

(3) Any provision of this Act applying to a limited leave or to conditions attached to a limited leave shall, unless otherwise provided, have effect in relation to a person subject to any restriction or condition by virtue of an order under subsection (2) above as if the provisions of the order applicable to him were terms on which he had been given leave under this Act to enter the United Kingdom.

(4) Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not a British citizen may not by virtue of section 1(3) enter the United Kingdom without leave on a local journey from a place in the common travel area if either--

(a) he is on arrival in the United Kingdom given written notice by an immigration officer stating that, the Secretary of State having issued directions for him not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good as being in the interests of national security, he is accordingly refused leave to enter the United Kingdom; or

(b) he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom.

(5) If it appears to the Secretary of State necessary so to do by reason of differences between the immigration laws of the United Kingdom and any of the Islands, he may by order exclude that island from section 1(3) above for such purposes as may be specified in the order, and references in this Act to the Islands shall apply to an island so excluded so far only as may be provided by order of the Secretary of State.

(6) The Secretary of State shall also have power by order to exclude the Republic of Ireland from section 1(3) for such purposes as may be specified in the order.

(7) An order of the Secretary of State under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. [FN1] [FN2] [ [FN3]] [FN4]

[FN1] In relation to the Isle of Man:

9.-- Further provisions as to common travel area.

(1) the provisions of Schedule 4 to this Act shall have effect for the purpose of taking account in the Isle of Man of the operation in the United Kingdom or any of the Channel Islands of the immigration laws there.

(2) Persons who lawfully enter the Isle of Man on a local journey from a place in the common travel area after having either--

(a) entered the United Kingdom or any of the Channel Islands or the Republic of Ireland on coming from a place outside the common travel area; or

(b) left the Isle of Man while having a limited leave to enter or remain which has since expired;

if they are not British citizens (and are not to be regarded under Schedule 4 to this Act as having leave to enter the Isle of Man), shall be subject in the Isle of Man to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register with the police or both, as may be imposed by an order of the Lieutenant-Governor and may be applicable to them.

(4) Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not a British citizen may not by virtue of section 1(3) enter the Isle of Man without leave on a local journey from a place in the common travel area if either--

(a) he is on arrival in the Isle of Man given written notice by an immigration officer stating that, the Lieutenant-Governor having issued directions for him not to be given entry to the Isle of Man on the ground that his exclusion is conducive to the public good as being in the interests of national security, he is accordingly refused leave to enter the Isle of Man; or

(b) he has at any time been refused leave to enter the Isle of Man and has not since then been given leave to enter or remain in the Isle of Man.

(6) The Lieutenant-Governor shall also have power by order to exclude the Republic of Ireland from section 1(3) for such purposes as may be specified in the order.

(7) An order of the Lieutenant-Governor under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[FN2] In relation to Jersey:

9.-- Further provisions as to common travel area.

(1) The provisions of Schedule 4 to this Act shall have effect for the purpose of taking account in the Bailiwick of Jersey of the operation in the United Kingdom, the Bailiwick of Guernsey or the Isle of Man of the immigration laws there.

(2) Persons who lawfully enter the Bailiwick of Jersey on a local journey from a place in the common travel area after having either--

(a) entered the United Kingdom, the Bailiwick of Guernsey or the Isle of Man or the Republic of Ireland on coming from a place outside the common travel area; or

(b) left the Bailiwick of Jersey while having a limited leave to enter or remain which has since expired;

if they are not British citizens (and are not to be regarded under Schedule 4 to this Act as having leave to enter the Bailiwick of Jersey), shall be subject in the Bailiwick of Jersey to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register as provided under section 4(3) above or both, as may be imposed by order and may be applicable to them; and the power to make an order under this subsection shall be exercised--

(a) as respects the period for which persons may remain, by the Lieutenant- Governor, and

(b) as respects other conditions, by the Committee.