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

 

  (c) if another person to whose family he belongs is or has been ordered to be deported.

 

 (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,--

 

 

 (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 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

 

 

 (c) if another person to whose family he belongs is or has been ordered to be deported.

 

 

 (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,--

 

 

 (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 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

 

 

 (c) if another person to whose family he belongs is or has been ordered to be deported.

 

 

 (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,--

 

 

 (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 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

 

 

 (c) if another person to whose family he belongs is or has been ordered to be deported.

 

 

 (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;

 

            (c) the imposition of conditions;

 

            (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;

 

            (c) a person's leave to remain in the United Kingdom not to lapse on his leaving the common travel area.

 

    (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

 

            (c) the leave expires without the application for variation having been decided.

 

    (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

 

            (c) an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).

 

    (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;

 

  (c) as to the issue of certificates of registration and as to the payment of fees for certificates of registration;

 

 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;

 

 

 (c) as to the issue of certificates of registration and as to the payment of fees for certificates of registration;

 

 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 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;

 

 

 (c) as to the issue of certificates of registration and as to the payment of fees for certificates of registration;

 

 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;

 

 

 (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;

 

 

 (c) as to the issue of certificates of registration and as to the payment of fees for certificates of registration;

 

 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.

 

 (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--

 

  (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.

 

 

 (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:

 

 

 (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) 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.

 

 

 (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.

 

 

 (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.

 

 

 [FN2] In relation to Guernsey:

 

 

 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.

 

 

 (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) 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.

 

 

 (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--

 

 

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

 

 

 (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.

 

 

 [FN3] In relation to Jersey:

 

 

 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.

 

 

 (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) 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.

 

 

 (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--

 

 

 (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.

 

 

 [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

 

  (c) a person shall be deemed to be detained by virtue of a sentence--

 

    (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.

 

 

 (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 Isle of Man--

 

 

 [

 

 (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;

 

 ] [FN3]

 

 

 (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

 

 

 (c) a person shall be deemed to be detained by virtue of a sentence--

 

 

 (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.

 

 

 (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 Bailiwick of Guernsey--

 

 

 [

 

 (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;

 

 ] [FN5]

 

 

 (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

 

 

 (c) a person shall be deemed to be detained by virtue of a sentence--

 

 

 (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.

 

 

 (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 Bailiwick of Jersey--

 

 

 [

 

 (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;

 

 ] [FN7]

 

 

 (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

 

 

 (c) a person shall be deemed to be detained by virtue of a sentence--

 

 

 (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

 

  (c) an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;

 

 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

 

 

 (c) an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;

 

 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

 

 

 (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 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

 

 

 (c) an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;

 

 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.

 

 

 (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 Bailiwick of Guernsey--

 

 

 (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

 

 

 (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 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

 

 

 (c) an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;

 

 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.

 

 

 (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 Bailiwick of Jersey--

 

 

 (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

 

 

 (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 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.

 

 

 (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 Isle of Man.

 

 

 (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.

 

 

 (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 Bailiwick of Jersey.

 

 

 (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 Bailiwick of Jersey without leave on a local journey from a place in the common travel area if either--

 

 

 (a) he is on arrival in the Bailiwick of Jersey given written notice by an immigration officer stating that, the Lieutenant-Governor having issued directions for him not to be given entry to the Bailiwick of Jersey 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 Bailiwick of Jersey; 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.

 

 

 (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.

 

 

 [FN3] In relation to Guernsey:

 

 

 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 Guernsey of the operation in the United Kingdom, the Bailiwick of Jersey or the Isle of Man of the immigration laws there.

 

 

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

 

 

 (a) entered the United Kingdom, the Bailiwick of Jersey 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 Guernsey 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 Guernsey), shall be subject in the Bailiwick of Guernsey 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 Board.

 

 

 (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 Bailiwick of Guernsey.

 

 

 (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 Bailiwick of Guernsey without leave on a local journey from a place in the common travel area if either--

 

 

 (a) he is on arrival in the Bailiwick of Guernsey given written notice by an immigration officer stating that, the Lieutenant-Governor having issued directions for him not to be given entry to the Bailiwick of Guernsey 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 Bailiwick of Guernsey; 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.

 

 

 (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.

 

 

 [FN4] modified by SI 1993/1796 (Immigration (Guernsey) Order), Sch 1 (I) Para 9

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt I s 9

 

 UK ST 1971 c 77 Pt I s 9

 

 

s 10 Entry otherwise than by sea or air.

 

 

 (1) Her Majesty may by Order in Council direct that any of the provisions of this Act shall have effect in relation to persons entering or seeking to enter the United Kingdom on arrival otherwise than by ship or aircraft [...] [FN1] as they have effect in the case of a person arriving by ship or aircraft [...] [FN2], and any such Order may make such adaptations or modifications of those provisions, and such provisions supplementary thereto, as appear to Her Majesty to be necessary or expedient for the purposes of the Order.

 

 (2) The provision made by an Order in Council under this section may include provision for excluding the Republic of Ireland from section 1(3) of this Act either generally or for any specified purposes.

 

 (3) No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

 

 

 [FN1] words repealed by SI 1993/1813 (Channel Tunnel (International Arrangements) Order), Sch 6 (I) Para 1

 

 

 [FN2] words repealed by SI 1993/1813 (Channel Tunnel (International Arrangements) Order), Sch 6 (I) Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt I s 10

 

 UK ST 1971 c 77 Pt I s 10

 

 

s 11 Construction of references to entry, and other phrases relating to travel.

 

 

 (1) A person arriving in the United Kingdom through the tunnel system shall for purposes of this Act be deemed not to enter the United Kingdom unless and until

 

  (a) he leaves any control area designated under paragraph 26 of Schedule 2 to this Act, or

 

  (b) he remains on a through train after it has ceased to be such a control area.

 

 and a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act[ ] [FN1]or section 62 of the Nationality, Immigration and Asylum Act 2002[ or by section 68 of the Nationality, Immigration and Asylum Act 2002] [FN2].

 

 (4) For purposes of this Act "common travel area" has the meaning given by section 1(3)

 

 (5) A person who enters the United Kingdom lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the United Kingdom. [FN3] [FN4] [FN5]

 

 

 [FN1] words inserted by SI 2003/1016 (Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order), Sch 1 Para 1

 

 

 [FN2] words inserted by SI 2003/1016 (Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order), Sch 1 Para 1

 

 

 [FN3] In relation to the Isle of Man:

 

 

 11.-- Construction of references to entry, and other phrases relating to travel.

 

 

 (1) A person arriving in the Isle of Man by ship or aircraft shall for purposes of this Act be deemed not to enter the Isle of Man unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the Isle of Man so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the Isle of Man shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act.

 

 

 (1A) A person arriving in the Isle of Man through the tunnel system shall for the purposes of this Act be deemed not to enter the Isle of Man unless and until he has left the tunnel system, and, subject to subsection (1) above, a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act.

 

 

 (2) In this Act "disembark" means disembark from a ship or aircraft, and "embark" means embark in a ship or aircraft; and, except in subsection (1) above,)

 

 

 (a) references to disembarking in the Isle of Man do not apply to disembarking after a local journey from a place in the Isle of Man or elsewhere in the common travel area; and

 

 

 (b) references to embarking in the Isle of Man do not apply to embarking for a local journey to a place in the Isle of Man or elsewhere in the common travel area.

 

 

 (3) Except in so far as the context otherwise requires, references in this Act to arriving in the Isle of Man by ship shall extend to arrival by any floating structure, and "disembark" shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.

 

 

 (4) For purposes of this Act "common travel area" has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which--

 

 

 (a) in the case of a journey to a place in the Isle of Man, began its voyage from, or has during its voyage called at, a place not in the common travel area; or

 

 

 (b) in the case of a journey from a place in the Isle of Man, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.

 

 

 (5) A person who enters the Isle of Man lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the Isle of Man.

 

 

 [FN4] In relation to Guernsey:

 

 

 11.-- Construction of references to entry, and other phrases relating to travel.

 

 

 (1) A person arriving in the Bailiwick of Guernsey by ship or aircraft shall for purposes of this Act be deemed not to enter the Bailiwick of Guernsey unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the Bailiwick of Guernsey so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the Bailiwick of Guernsey shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act.

 

 

 (2) In this Act "disembark" means disembark from a ship or aircraft, and "embark" means embark in a ship or aircraft; and, except in subsection (1) above,)

 

 

 (a) references to disembarking in the Bailiwick of Guernsey do not apply to disembarking after a local journey from a place in the Bailiwick of Guernsey or elsewhere in the common travel area; and

 

 

 (b) references to embarking in the Bailiwick of Guernsey do not apply to embarking for a local journey to a place in the Bailiwick of Guernsey or elsewhere in the common travel area.

 

 

 (3) Except in so far as the context otherwise requires, references in this Act to arriving in the Bailiwick of Guernsey by ship shall extend to arrival by any floating structure, and "disembark" shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.

 

 

 (4) For purposes of this Act "common travel area" has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which--

 

 

 (a) in the case of a journey to a place in the Bailiwick of Guernsey, began its voyage from, or has during its voyage called at, a place not in the common travel area; or

 

 

 (b) in the case of a journey from a place in the Bailiwick of Guernsey, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.

 

 

 (5) A person who enters the Bailiwick of Guernsey lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the Bailiwick of Guernsey.

 

 

 [FN5] In relation to Jersey:

 

 

 11.-- Construction of references to entry, and other phrases relating to travel.

 

 

 (1) A person arriving in the Bailiwick of Jersey by ship or aircraft shall for purposes of this Act be deemed not to enter the Bailiwick of Jersey unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the Bailiwick of Jersey so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the Bailiwick of Jersey shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act.

 

 

 (2) In this Act "disembark" means disembark from a ship or aircraft, and "embark" means embark in a ship or aircraft; and, except in subsection (1) above,)

 

 

 (a) references to disembarking in the Bailiwick of Jersey do not apply to disembarking after a local journey from a place in the Bailiwick of Jersey or elsewhere in the common travel area; and

 

 

 (b) references to embarking in the Bailiwick of Jersey do not apply to embarking for a local journey to a place in the Bailiwick of Jersey or elsewhere in the common travel area.

 

 

 (3) Except in so far as the context otherwise requires, references in this Act to arriving in the Bailiwick of Jersey by ship shall extend to arrival by any floating structure, and "disembark" shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.

 

 

 (4) For purposes of this Act "common travel area" has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which--

 

 

 (a) in the case of a journey to a place in the Bailiwick of Jersey, began its voyage from, or has during its voyage called at, a place not in the common travel area; or

 

 

 (b) in the case of a journey from a place in the Bailiwick of Jersey, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.

 

 

 (5) A person who enters the Bailiwick of Jersey lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the Bailiwick of Jersey.

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt I s 11

 

 UK ST 1971 c 77 Pt I s 11

 

 

s 12

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 12

 

 UK ST 1971 c 77 Pt II s 12

 

 

 

UK Statutes Crown Copyright. Reproduced by permission of the

Controller of Her Majesty's Stationery Office.

 

Amendment as at: October 2, 2000 (see Analysis Tab for Commencement

Information)

 

 

s 13

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 13

 

 UK ST 1971 c 77 Pt II s 13

 

 

s 14

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 14

 

 UK ST 1971 c 77 Pt II s 14

 

 

s 15

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 15

 

 UK ST 1971 c 77 Pt II s 15

 

 

s 16

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 16

 

 UK ST 1971 c 77 Pt II s 16

 

 

s 17

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 17

 

 UK ST 1971 c 77 Pt II s 17

 

 

s 18

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 18

 

 UK ST 1971 c 77 Pt II s 18

 

 

s 19

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 19

 

 UK ST 1971 c 77 Pt II s 19

 

 

s 20

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 20

 

 UK ST 1971 c 77 Pt II s 20

 

 

s 21

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 21

 

 UK ST 1971 c 77 Pt II s 21

 

 

s 22

 

 

 [...] [FN1]

 

 

 [FN1] repealed by Immigration and Asylum Act (1999 c.33), Sch 16 Para 1

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 22

 

 UK ST 1971 c 77 Pt II s 22

 

 

s 23

 

 

 [...] [FN1]

 

 

 [FN1] repealed in relation to the Isle of Man only by SI 1997/275 (Immigration (Isle of Man) Order), Sch 1 Para 12

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt II s 23

 

 UK ST 1971 c 77 Pt II s 23

 

 

s 24 Illegal entry and similar offences.

 

 

 (1) A person who is not a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:--

 

 (a) if contrary to this Act he knowingly enters the United Kingdom in breach of a deportation order or without leave;

 

  (b) if, having only a limited leave to enter or remain in the United Kingdom, he knowingly either--

 

    (i) remains beyond the time limited by the leave; or

 

    (ii) fails to observe a condition of the leave;

 

  (c) if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);

 

  (d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of health [FN1], or to attend, or submit to a test or examination, as required by such an officer;

 

  (e) if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence , as to his employment or occupation or as to reporting to the police[, to an immigration officer or to the Secretary of State] [FN2];

 

  (f) if he leaves a train in the United Kingdom after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom;

 

  (g) if he leaves or seeks to leave the United Kingdom through the tunnel system in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act.

 

 (1A) A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the United Kingdom thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.

 

 (3) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(a) and (c) above.

 

 (4) In proceedings for an offence against subsection (1)(a) above of entering the United Kingdom without leave,--

 

  (a) any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;

 

  (b) proof that a person had leave to enter the United Kingdom shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced. [FN3] [FN5] [FN7]

 

 

 [FN1] In relation to Scotland:

 

 

 (d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to the chief administrative medical officer of a Health Board, or to attend, or submit to a test or examination, as required by such an officer;

 

 

 [FN2] words substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 4 s 62 (9)

 

 

 [FN3] In relation to the Isle of Man:

 

 

 24.-- Illegal entry and similar offences.

 

 

 (1) A person who is not a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than level 4 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:--

 

 

 (a) if contrary to this Act he knowingly enters the Isle of Man in breach of a deportation order or without leave;

 

 

 (b) if, having only a limited leave to enter or remain in the Isle of Man, he knowingly either--

 

 

 (i) remains beyond the time limited by the leave; or

 

 

 (ii) fails to observe a condition of the leave;

 

 

 (c) if, having lawfully entered the Isle of Man without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);

 

 

 (d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of health, or to attend, or submit to a test or examination, as required by such an officer;

 

 

 (e) if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence , as to his employment or occupation or as to reporting to the police[, to an immigration officer or to the Secretary of State] [FN4];

 

 

 (f) if he disembarks in the Isle of Man from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the Isle of Man;

 

 

 (g) if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act.

 

 

 (1A) A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the Isle of Man thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.

 

 

 (2) A constable or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed or attempted to commit an offence under this section other than an offence under subsection (1)(d) above.

 

 

 (3) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(a) and (c) above.

 

 

 (4) In proceedings for an offence against subsection (1)(a) above of entering the Isle of Man without leave,--

 

 

 (a) any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;

 

 

 (b) proof that a person had leave to enter the Isle of Man shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced.

 

 

 [FN4] words substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 4 s 62 (9)

 

 

 [FN5] In relation to Jersey:

 

 

 24.-- Illegal entry and similar offences.

 

 

 (1) A person who is not a British citizen shall be guilty of an offence punishable with a fine or with imprisonment for not more than six months, or with both, in any of the following cases:--

 

 

 (a) if contrary to this Act he knowingly enters the Bailiwick of Jersey in breach of a deportation order or without leave;

 

 

 (b) if, having only a limited leave to enter or remain in the Bailiwick of Jersey, he knowingly either--

 

 

 (i) remains beyond the time limited by the leave; or

 

 

 (ii) fails to observe a condition of the leave;

 

 

 (c) if, having lawfully entered the Bailiwick of Jersey without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);

 

 

 (d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of health, or to attend, or submit to a test or examination, as required by such an officer;

 

 

 (e) if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence , as to his employment or occupation or as to reporting to the police[, to an immigration officer or to the Secretary of State] [FN6];

 

 

 (f) if he disembarks in the Bailiwick of Jersey from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the Bailiwick of Jersey;

 

 

 (g) if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act.

 

 

 (1A) A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the Bailiwick of Jersey thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.

 

 

 (2) A police officer or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed or attempted to commit an offence under this section other than an offence under subsection (1)(d) above.

 

 

 (4) In proceedings for an offence against subsection (1)(a) above of entering the Bailiwick of Jersey without leave,--

 

 

 (a) any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;

 

 

 (b) proof that a person had leave to enter the Bailiwick of Jersey shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced.

 

 

 [FN6] words substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 4 s 62 (9)

 

 

 [FN7] In relation to Guernsey:

 

 

 24.-- Illegal entry and similar offences.

 

 

 (1) A person who is not a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than level 4 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:--

 

 

 (a) if contrary to this Act he knowingly enters the Bailiwick of Guernsey in breach of a deportation order or without leave;

 

 

 (b) if, having only a limited leave to enter or remain in the Bailiwick of Guernsey, he knowingly either--

 

 

 (i) remains beyond the time limited by the leave; or

 

 

 (ii) fails to observe a condition of the leave;

 

 

 (c) if, having lawfully entered the Bailiwick of Guernsey without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);

 

 

 (d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of health, or to attend, or submit to a test or examination, as required by such an officer;

 

 

 (e) if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence , as to his employment or occupation or as to reporting to the police[, to an immigration officer or to the Secretary of State] [FN8];

 

 

 (f) if he disembarks in the Bailiwick of Guernsey from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the Bailiwick of Guernsey;

 

 

 (g) if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act.

 

 

 (1A) A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the Bailiwick of Guernsey thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.

 

 

 (2) A police officer or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed or attempted to commit an offence under this section other than an offence under subsection (1)(d) above.

 

 

 (4) In proceedings for an offence against subsection (1)(a) above of entering the Bailiwick of Guernsey without leave,--

 

 

 (a) any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;

 

 

 (b) proof that a person had leave to enter the Bailiwick of Guernsey shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced.

 

 

 [FN8] words substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 4 s 62 (9)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 24

 

 UK ST 1971 c 77 Pt III s 24

 

 

s 24A Deception.

 

 

 (1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him--

 

  (a) he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or

 

  (b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.

 

 (2) "Enforcement action", in relation to a person, means--

 

  (a) the giving of directions for his removal from the United Kingdom ("directions") under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;

 

  (b) the making of a deportation order against him under section 5 of this Act; or

 

  (c) his removal from the United Kingdom in consequence of directions or a deportation order.

 

 (3) A person guilty of an offence under this section is liable--

 

  (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

 

  (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

 

 [...] [FN1]

 

 

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

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 24A

 

 UK ST 1971 c 77 Pt III s 24A

 

 

s 25 Assisting unlawful immigration to member State

 

 

 [

  25 Assisting unlawful immigration to member State

 

    (1) A person commits an offence if he--

 

            (a) does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union,

 

            (b) knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual, and

 

            (c) knows or has reasonable cause for believing that the individual is not a citizen of the European Union.

 

    (2) In subsection (1) "immigration law" means a law which has effect in a member State and which controls, in respect of some or all persons who are not nationals of the State, entitlement to--

 

            (a) enter the State,

 

            (b) transit across the State, or

 

            (c) be in the State.

 

    (3) A document issued by the government of a member State certifying a matter of law in that State--

 

            (a) shall be admissible in proceedings for an offence under this section, and

 

            (b) shall be conclusive as to the matter certified.

 

    (4) Subsection (1) applies to anything done--

 

            (a) in the United Kingdom,

 

            (b) outside the United Kingdom by an individual to whom subsection (5) applies, or

 

            (c) outside the United Kingdom by a body incorporated under the law of a part of the United Kingdom.

 

    (5) This subsection applies to--

 

            (a) a British citizen,

 

            (b) a British overseas territories citizen,

 

            (c) a British National (Overseas),

 

            (d) a British Overseas citizen,

 

            (e) a person who is a British subject under the British Nationality Act 1981 (c. 61), and

 

            (f) a British protected person within the meaning of that Act.

 

    (6) A person guilty of an offence under this section shall be liable--

 

            (a) on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or

 

            (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

 

 ] [FN1]

 

 

 [FN1] ss.25-25C substituted for s.25 by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 143

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 25

 

 UK ST 1971 c 77 Pt III s 25

 

 

s 25A Helping asylum-seeker to enter United Kingdom

 

 

 [

  25A Helping asylum-seeker to enter United Kingdom

 

    (1) A person commits an offence if--

 

            (a) he knowingly and for gain facilitates the arrival in the United Kingdom of an individual, and

 

            (b) he knows or has reasonable cause to believe that the individual is an asylum-seeker.

 

    (2) In this section "asylum-seeker" means a person who intends to claim that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom's obligations under--

 

            (a) the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation)), or

 

            (b) the Human Rights Convention (within the meaning given by that section).

 

    (3) Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which--

 

            (a) aims to assist asylum-seekers, and

 

            (b) does not charge for its services.

 

    (4) Subsections (4) to (6) of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section.

 

 ] [FN1]

 

 

 [FN1] ss.25-25C substituted for s.25 by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 143

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 25A

 

 UK ST 1971 c 77 Pt III s 25A

 

 

s 25B Assisting entry to United Kingdom in breach of deportation or exclusion order

 

 

 [

  25B Assisting entry to United Kingdom in breach of deportation or exclusion order

 

    (1) A person commits an offence if he--

 

            (a) does an act which facilitates a breach of a deportation order in force against an individual who is a citizen of the European Union, and

 

            (b) knows or has reasonable cause for believing that the act facilitates a breach of the deportation order.

 

    (2) Subsection (3) applies where the Secretary of State personally directs that the exclusion from the United Kingdom of an individual who is a citizen of the European Union is conducive to the public good.

 

    (3) A person commits an offence if he--

 

            (a) does an act which assists the individual to arrive in, enter or remain in the United Kingdom,

 

            (b) knows or has reasonable cause for believing that the act assists the individual to arrive in, enter or remain in the United Kingdom, and

 

            (c) knows or has reasonable cause for believing that the Secretary of State has personally directed that the individual's exclusion from the United Kingdom is conducive to the public good.

 

    (4) Subsections (4) to (6) of section 25 apply for the purpose of an offence under this section as they apply for the purpose of an offence under that section.

 

 ] [FN1]

 

 Notes:

 

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

 

 

 [FN1] ss.25-25C substituted for s.25 by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 143

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 25B

 

 UK ST 1971 c 77 Pt III s 25B

 

 

s 25C Forfeiture of vehicle, ship or aircraft

 

 

 [

  25C Forfeiture of vehicle, ship or aircraft

 

    (1) This section applies where a person is convicted on indictment of an offence under section 25, 25A or 25B.

 

    (2) The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the convicted person--

 

            (a) owned the vehicle at the time the offence was committed,

 

            (b) was at that time a director, secretary or manager of a company which owned the vehicle,

 

            (c) was at that time in possession of the vehicle under a hire-purchase agreement,

 

            (d) was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or

 

            (e) was driving the vehicle in the course of the commission of the offence.

 

    (3) The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person--

 

            (a) owned the ship or aircraft at the time the offence was committed,

 

            (b) was at that time a director, secretary or manager of a company which owned the ship or aircraft,

 

            (c) was at that time in possession of the ship or aircraft under a hire- purchase agreement,

 

            (d) was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement,

 

            (e) was at that time a charterer of the ship or aircraft, or

 

            (f) committed the offence while acting as captain of the ship or aircraft.

 

    (4) But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only--

 

            (a) in the case of a ship, if subsection (5) or (6) applies;

 

            (b) in the case of an aircraft, if subsection (5) or (7) applies.

 

    (5) This subsection applies where--

 

            (a) in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and

 

            (b) a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25, 25A or 25B.

 

    (6) This subsection applies where a ship's gross tonnage is less than 500 tons.

 

    (7) This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.

 

    (8) Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations.

 

    (9) In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to--

 

            (a) an individual who seeks to enter a member State in breach of immigration law (within the meaning of section 25), and

 

            (b) an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution).

 

    (10) In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to--

 

            (a) an asylum-seeker (within the meaning of that section), and

 

            (b) an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002.

 

    (11) In the case of an offence under section 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002.

 

 ] [FN1]

 

 Notes:

 

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

 

 

 [FN1] ss.25-25C substituted for s.25 by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 143

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 25C

 

 UK ST 1971 c 77 Pt III s 25C

 

 

s 25D Detention of ship, aircraft or vehicle

 

 

 (1) If a person has been arrested for an offence under section 25, 25A or 25B, a senior officer or a constable may detain a relevant ship, aircraft or vehicle--

 

  (a) until a decision is taken as to whether or not to charge the arrested person with that offence; or

 

  (b) if the arrested person has been charged--

 

    (i) until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

 

    (ii) if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle.

 

 (2) A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or constable concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 25C.

 

 (3) A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that--

 

  (a) he owns the ship, aircraft or vehicle,

 

  (b) he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or

 

  (c) he is a charterer of the ship or aircraft.

 

 (4) The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if--

 

  (a) the arrested person is convicted; and

 

  (b) an order for its forfeiture is made under section 25C.

 

 (5) In the application to Scotland of subsection (1), for paragraphs (a) and (b) substitute--

 

    "(a) until a decision is taken as to whether or not to institute criminal proceedings against the arrested person for that offence; or

 

    (b) if criminal proceedings have been instituted against the arrested person--

 

            (i) until he is acquitted or, under section 65 or 147 of the Criminal Procedure (Scotland) Act 1995, discharged or liberated or the trial diet is deserted simpliciter;

 

            (ii) if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle,

 

   and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service on him of an indictment or complaint."

 

 (6) "Court" means --

 

  (a) in England and Wales--

 

    (i) if the arrested person has not been charged, the magistrates' court for the petty sessions area in which he was arrested;

 

    (ii) if he has been charged but proceedings for the offence have not begun to be heard, the magistrates' court for the petty sessions area in which he was charged;

 

    (iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;

 

  (b) in Scotland, the sheriff; and

 

  (c) in Northern Ireland--

 

    (i) if the arrested person has not been charged, the magistrates' court for the county court division in which he was arrested;

 

    (ii) if he has been charged but proceedings for the offence have not begun to be heard, the magistrates' court for the county court division in which he was charged;

 

    (iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.

 

 [...] [FN1]

 

 (8) "Senior officer" means an immigration officer not below the rank of chief immigration officer.

 

 

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

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 25D

 

 UK ST 1971 c 77 Pt III s 25D

 

 

s 26 General offences in connection with administration of Act.

 

 

 (1) A person shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases--

 

  (a) if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;

 

  (b) if, without reasonable excuse, he refuses to fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;

 

  (c) if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of a relevant enactment a return, statement or representation which he knows to be false or does not believe to be true;

 

  (d) if, without lawful authority, he alters any certificate of entitlement, entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, certificate of entitlement, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;

 

  (e) if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act;

 

  (f) if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above;

 

  (g) if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.

 

 (2) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above. [FN1] [FN2]

 

 (3) "Relevant enactment" means--

 

  (a) this Act;

 

  (b) the Immigration Act 1988;

 

  (c) the Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5);

 

  (d) the Immigration and Asylum Act 1999 (apart from Part VI)[; or] [FN3]

 

 [

  (e) the Nationality, Immigration and Asylum Act 2002 (apart from Part 5).

 

 ] [FN4]

 

 

 [FN1] In relation to Jersey:

 

 

 26.-- General offences in connection with administration of Act.

 

 

 (1) A person shall be guilty of an offence punishable with a fine or with imprisonment for not more than six months, or with both, in any of the following cases--

 

 

 (a) if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;

 

 

 (b) if, without reasonable excuse, he refuses to fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;

 

 

 (c) if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of this Act a return, statement or representation which he knows to be false or does not believe to be true;

 

 

 (d) if, without lawful authority, he alters any certificate of entitlement, entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, certificate of entitlement, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;

 

 

 (e) if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any direction under Schedule 2 to this Act;

 

 

 (f) if, without reasonable excuse, he fails to comply with any requirement of an order under section 4(3) or (4) above;

 

 

 (g) if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.

 

 

 [FN2] In relation to Guernsey:

 

 

 26.-- General offences in connection with administration of Act.

 

 

 (1) A person shall be guilty of an offence punishable on summary conviction with a fine of not more than level 4 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases--

 

 

 (a) if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;

 

 

 (b) if, without reasonable excuse, he refuses to fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;

 

 

 (c) if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of this Act a return, statement or representation which he knows to be false or does not believe to be true;

 

 

 (d) if, without lawful authority, he alters any certificate of entitlement, entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, certificate of entitlement, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;

 

 

 (e) if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act;

 

 

 (f) if, without reasonable excuse, he fails to comply with any requirement of an Ordinance under section 4(3) or (4) above;

 

 

 (g) if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.

 

 

 [FN3] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 151 (b)

 

 

 [FN4] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 151 (b)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 26

 

 UK ST 1971 c 77 Pt III s 26

 

 

s 26A Registration card

 

 

 [

  26A Registration card

 

    (1) In this section "registration card" means a document which--

 

            (a) carries information about a person (whether or not wholly or partly electronically), and

 

            (b) is issued by the Secretary of State to the person wholly or partly in connection with a claim for asylum (whether or not made by that person).

 

    (2) In subsection (1) "claim for asylum" has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002.

 

    (3) A person commits an offence if he--

 

            (a) makes a false registration card,

 

            (b) alters a registration card with intent to deceive or to enable another to deceive,

 

            (c) has a false or altered registration card in his possession without reasonable excuse,

 

            (d) uses or attempts to use a false registration card for a purpose for which a registration card is issued,

 

            (e) uses or attempts to use an altered registration card with intent to deceive,

 

            (f) makes an article designed to be used in making a false registration card,

 

            (g) makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or

 

            (h) has an article within paragraph (f) or (g) in his possession without reasonable excuse.

 

    (4) In subsection (3) "false registration card" means a document which is designed to appear to be a registration card.

 

    (5) A person who is guilty of an offence under subsection (3)(a), (b),  (d), (e), (f) or (g) shall be liable--

 

            (a) on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or

 

            (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

 

    (6) A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable--

 

            (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

 

            (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

 

    (7) The Secretary of State may by order--

 

            (a) amend the definition of "registration card" in subsection (1);

 

            (b) make consequential amendment of this section.

 

    (8) An order under subsection (7)--

 

            (a) must be made by statutory instrument, and

 

            (b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

 

 ] [FN1]

 

 Notes:

 

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

 

 

 [FN1] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 148

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 26A

 

 UK ST 1971 c 77 Pt III s 26A

 

 

s 26B Possession of immigration stamp

 

 

 [

  26B Possession of immigration stamp

 

    (1) A person commits an offence if he has an immigration stamp in his possession without reasonable excuse.

 

    (2) A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse.

 

    (3) In this section--

 

            (a) "immigration stamp" means a device which is designed for the purpose of stamping documents in the exercise of an immigration function,

 

            (b) "replica immigration stamp" means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and

 

            (c) "immigration function" means a function of an immigration officer or the Secretary of State under the Immigration Acts.

 

    (4) A person who is guilty of an offence under this section shall be liable--

 

            (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

 

            (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

 

 ] [FN1]

 

 Notes:

 

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

 

 

 [FN1] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 149

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 26B

 

 UK ST 1971 c 77 Pt III s 26B

 

 

s 27 Offences by persons connected with ships or aircraft or with ports.

 

 

 A person shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases--

 

  (a) if, being the train manager of a through train or shuttle train,--

 

    (i) he knowingly permits a person to leave the train in the United Kingdom when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connection with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or

 

    (ii) he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3[ or under the Immigration and Asylum Act 1999] [FN1] with respect to the removal of a person from the United Kingdom;

 

  (b) if, as, or as agent of, a person operating an international service,--

 

    (i) he arranges, or is knowingly concerned in any arrangements, for a through train to stop at a place other than a terminal control point or an international station contrary to any provision of Schedule 2 to this Act; or

 

    (ii) he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or

 

    (iii) he fails, without reasonable excuse, to make arrangements for or in connection with the removal of a person from the United Kingdom when required to do so by directions given under Schedule 2 or 3 to this Act; or under the Immigration and Asylum Act 1999; or

 

    (iv) he fails, without reasonable excuse, to comply with the requirements of paragraph 27B or 27C of Schedule 2;

 

  (c) if, as, or as agent of, a person operating an international service, or as an occupier or person concerned with the management of a terminal control point or of an international station, he fails, without reasonable excuse to take any steps required by Schedule 2 in relation to persons arriving or seeking to arrive in, or leaving or seeking to leave, the United Kingdom through the tunnel system where a control area is designated.

 

 

 [FN1] words added by Immigration and Asylum Act (1999 c.33), Sch 14 Para 52 (2)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 27

 

 UK ST 1971 c 77 Pt III s 27

 

 

s 28 Proceedings.

 

 

 (1) Where the offence is one to which, under [section 24 or 26] [FN1] above, an extended time limit for prosecutions is to apply, then--

 

  (a) an information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by an officer of police above the rank of chief superintendent to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of the police force to which he belongs; and

 

  (b) summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and

 

  (c) a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates' court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.

 

 (2) For purposes of subsection (1)(b) above proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned in subsection (1)(b) came to his knowledge shall be conclusive evidence.

 

 (3) For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.

 

 (4) Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him. [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:

 

 

 28.-- Proceedings.

 

 

 (1) Where the offence is one to which, under section 24, 25 or 26 above, an extended time limit for prosecution is to apply, then a complaint relating to the offence may be tried by a court of summary jurisdiction if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by the chief constable to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of the police force.

 

 

 (3) For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.

 

 

 (4) Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.

 

 

 [FN3] In relation to Jersey:

 

 

 28.-- Proceedings.

 

 

 (4) Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.

 

 

 [FN4] In relation to Guernsey:

 

 

 28.-- Proceedings.

 

 

 (4) Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28

 

 UK ST 1971 c 77 Pt III s 28

 

 

s 28A Arrest without warrant.

 

 

 (1) A constable or immigration officer may arrest without warrant a person--

 

  (a) who has committed or attempted to commit an offence under section 24 or 24A; or

 

  (b) whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

 

 (2) But subsection (1) does not apply in relation to an offence under section 24(1)(d).

 

 (3) An immigration officer may arrest without warrant a person--

 

  (a) who has committed an offence under section 25, 25A or 25B; or

 

  (b) whom he has reasonable grounds for suspecting has committed that offence.

 

 (5) An immigration officer may arrest without warrant a person ("the suspect") who, or whom he has reasonable grounds for suspecting--

 

  (a) has committed or attempted to commit an offence under section 26(1)(g); or

 

  (b) is committing or attempting to commit that offence.

 

 (6) The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

 

 (7) The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because--

 

  (a) he does not know, and cannot readily discover, the suspect's name;

 

  (b) he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

 

  (c) the suspect has failed to give him a satisfactory address for service; or

 

  (d) he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

 

 (8) The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect--

 

  (a) causing physical injury to himself or another person;

 

  (b) suffering physical injury; or

 

  (c) causing loss of or damage to property.

 

 (9) For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer--

 

  (a) that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

 

  (b) that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address

 

 [

 (9A) A constable or immigration officer may arrest without warrant a person--

 

  (a) who has committed an offence under section 26A or 26B; or

 

  (b) whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

 

 ] [FN1]

 

 (10) In relation to the exercise of the powers conferred by subsections (3)(b) and (5), it is immaterial that no offence has been committed.

 

 (11) In Scotland the powers conferred by subsections (3) and (5) may also be exercised by a constable.

 

 

 [FN1] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 150 (1)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28A

 

 UK ST 1971 c 77 Pt III s 28A

 

 

s 28AA Arrest with warrant

 

 

 [

  28AA Arrest with warrant

 

    (1) This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under--

 

            (a) section 24(1)(d), or

 

            (b) section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence).

 

    (2) The justice of the peace may grant a warrant authorising any immigration officer to arrest the person.

 

    (3) In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace.

 

 ] [FN1]

 

 Notes:

 

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

 

 

 [FN1] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 152

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28AA

 

 UK ST 1971 c 77 Pt III s 28AA

 

 

s 28B Search and arrest by warrant.

 

 

 (1) Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person ("the suspect") who is liable to be arrested for a relevant offence is to be found on any premises.

 

 (2) The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

 

 (3) Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).

 

 (4) The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.

 

 (5) "Relevant offence" means an offence under [section 24(1)(a), (b), (c), (d), (e) or (f), 24A, 26A or 26B.] [FN1].

 

 

 [FN1] words inserted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 150 (2)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28B

 

 UK ST 1971 c 77 Pt III s 28B

 

 

s 28C Search and arrest without warrant.

 

 

 (1) An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under [section 25, 25A or 25B] [FN1].

 

 (2) The power may be exercised--

 

  (a) only to the extent that it is reasonably required for that purpose; and

 

  (b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

 

 (3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching--

 

  (a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and

 

  (b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

 

 (4) The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).

 

 

 [FN1] words substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 144 (5)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28C

 

 UK ST 1971 c 77 Pt III s 28C

 

 

s 28CA Business premises: entry to arrest

 

 

 [

  28CA Business premises: entry to arrest

 

    (1) A constable or immigration officer may enter and search any business premises for the purpose of arresting a person--

 

            (a) for an offence under section 24,

 

            (b) for an offence under section 24A, or

 

            (c) under paragraph 17 of Schedule 2.

 

    (2) The power under subsection (1) may be exercised only--

 

            (a) to the extent that it is reasonably required for a purpose specified in subsection (1),

 

            (b) if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,

 

            (c) with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and

 

            (d) if the constable or immigration officer produces identification showing his status.

 

    (3) Authority for the purposes of subsection (2)(c)--

 

            (a) may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and

 

            (b) shall expire at the end of the period of seven days beginning with the day on which it is given.

 

    (4) Subsection (2)(d) applies--

 

            (a) whether or not a constable or immigration officer is asked to produce identification, but

 

            (b) only where premises are occupied.

 

    (5) Subsection (6) applies where a constable or immigration officer--

 

            (a) enters premises in reliance on this section, and

 

            (b) detains a person on the premises.

 

    (6) A detainee custody officer may enter the premises for the purpose of carrying out a search.

 

    (7) In subsection (6)--

 

            "detainee custody officer" means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and

 

            "search" means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).

 

 ] [FN1]

 

 Notes:

 

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

 

 

 [FN1] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 153 (1)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28CA

 

 UK ST 1971 c 77 Pt III s 28CA

 

 

s 28D Entry and search of premises.

 

 

 (1) If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that--

 

  (a) a relevant offence has been committed,

 

  (b) there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,

 

  (c) the material is likely to be relevant evidence,

 

  (d) the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and

 

  (e) any of the conditions specified in subsection (2) applies,

 

 he may issue a warrant authorising an immigration officer to enter and search the premises.

 

 (2) The conditions are that--

 

  (a) it is not practicable to communicate with any person entitled to grant entry to the premises;

 

  (b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

 

  (c) entry to the premises will not be granted unless a warrant is produced;

 

  (d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.

 

 (3) An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).

 

 (4) "Relevant offence" means an offence under [section 24(1)(a), (b), (c), (d), (e) or (f), 24A, 25, 25A, 25B, 26A or 26B] [FN1].

 

 (5) In relation to England and Wales, expressions which are given a meaning by the Police and Criminal Evidence Act 1984 have the same meaning when used in this section.

 

 (6) In relation to Northern Ireland, expressions which are given a meaning by the Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.

 

 (7) In the application of subsection (1) to Scotland--

 

  (a) read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace; and

 

  (b) in paragraph (d), omit the reference to excluded material and special procedure material.

 

 

 [FN1] words inserted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 150 (3)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28D

 

 UK ST 1971 c 77 Pt III s 28D

 

 

s 28E Entry and search of premises following arrest.

 

 

 [

  28E.-- Entry and search of premises following arrest.

 

    (1) This section applies if a person is arrested for an offence under this Part at a place other than a police station.

 

    (2) An immigration officer may enter and search any premises--

 

            (a) in which the person was when arrested, or

 

            (b) in which he was immediately before he was arrested,

 

    for evidence relating to the offence for which the arrest was made ("relevant evidence").

 

    (3) The power may be exercised--

 

            (a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and

 

            (b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence.

 

    (4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching--

 

            (a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and

 

            (b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

 

    (5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.

 

    (6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.

 

 ] [FN1]

 

 Notes:

 

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

 

 

 [FN1] added by Immigration and Asylum Act (1999 c.33), Pt VII s 132 (1)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28E

 

 UK ST 1971 c 77 Pt III s 28E

 

 

s 28F Entry and seach of premises following arrest under section 25, 25A or 25B

 

 

 (1) An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under [section 25, 25A, 25B] [FN1].

 

 (2) The power may be exercised--

 

  (a) only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;

 

  (b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and

 

  (c) subject to subsection (3), only if a senior officer has authorised it in writing.

 

 (3) The power may be exercised--

 

  (a) before taking the arrested person to a place where he is to be detained; and

 

  (b) without obtaining an authorisation under subsection (2)(c),

 

 if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.

 

 (4) An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.

 

 (5) The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of--

 

  (a) the grounds for the search; and

 

  (b) the nature of the evidence that was sought.

 

 (6) An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.

 

 (7) "Relevant evidence" means evidence, other than items subject to legal privilege, that relates to the offence in question.

 

 (8) "Senior officer" means immigration officer not below the rank of chief immigration officer.

 

 

 [FN1] words substituted by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 144 (7)

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28F

 

 UK ST 1971 c 77 Pt III s 28F

 

 

s 28FA Search for personnel records: warrant unnecessary

 

 

 [

  28FA Search for personnel records: warrant unnecessary

 

    (1) This section applies where--

 

            (a) a person has been arrested for an offence under section 24(1) or 24A(1),

 

            (b) a person has been arrested under paragraph 17 of Schedule 2,

 

            (c) a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or

 

            (d) a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.

 

    (2) A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes--

 

            (a) that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and

 

            (b) that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence.

 

    (3) A constable or officer searching premises under subsection (2) may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of--

 

            (a) an immigration employment offence, or

 

            (b) an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

 

    (4) The power under subsection (2) may be exercised only--

 

            (a) to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege,

 

            (b) if the constable or immigration officer produces identification showing his status, and

 

            (c) if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies.

 

    (5) Those conditions are--

 

            (a) that it is not practicable to communicate with a person entitled to grant access to the records,

 

            (b) that permission to search has been refused,

 

            (c) that permission to search would be refused if requested, and

 

            (d) that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2).

 

    (6) Subsection (4)(b) applies--

 

            (a) whether or not a constable or immigration officer is asked to produce identification, but

 

            (b) only where premises are occupied.

 

    (7) In this section "immigration employment offence" means an offence under section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment).

 

 ] [FN1]

 

 Notes:

 

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

 

 

 [FN1] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 154

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28FA

 

 UK ST 1971 c 77 Pt III s 28FA

 

 

s 28FB Search for personnel records: with warrant

 

 

 [

  28FB Search for personnel records: with warrant

 

    (1) This section applies where on an application made by an immigration officer in respect of business premises a justice of the peace is satisfied that there are reasonable grounds for believing--

 

            (a) that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer),

 

            (b) that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and

 

            (c) that at least one of the conditions in subsection (2) is satisfied.

 

    (2) Those conditions are--

 

            (a) that it is not practicable to communicate with a person entitled to grant access to the premises,

 

            (b) that it is not practicable to communicate with a person entitled to grant access to the records,

 

            (c) that entry to the premises or access to the records will not be granted unless a warrant is produced, and

 

            (d) that the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.

 

    (3) The justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.

 

    (4) Subsection (7)(a) of section 28D shall have effect for the purposes of this section as it has effect for the purposes of that section.

 

    (5) An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of--

 

            (a) an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act, or

 

            (b) an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

 

 ] [FN1]

 

 Notes:

 

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

 

 

 [FN1] added by Nationality, Immigration and Asylum Act (2002 c.41), Pt 7 s 154

 

 

GENERAL MATERIALS

 

 

 Royal Assent date - Long Title - Notes

 

UK-LIF ST 1971 c 77 Pt III s 28FB