IMMIGRATION ACT 1988 CHAPTER 14
UK Statutes Crown Copyright. Reproduced by
permission of the
Controller of Her Majesty's Stationery Office.
NOTES
An Act to make further provision for the
regulation of immigration into the United Kingdom; and for connected purposes.
[May 10, 1988]
BE IT ENACTED by the Queen's most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:--
UK ST 1988 c 14 (Refs & Annos)
s
1 Termination of saving in respect of Commonwealth citizens settled before 1973.
Section 1(5)
of the Immigration Act 1971 (in this Act referred to as "the principal Act") is
hereby repealed.
Notes:
S. 1 excluded by S.I. 1988/1133, art. 3
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 1
UK ST 1988 c 14 s 1
s
2 Restriction on exercise of right of abode in cases of polygamy.
(1) This section applies to any woman
who--
(a) has the right of abode in the
United Kingdom under section 2(1)(b) of the
principal Act as, or as having been, the wife of a man ("the
husband")--
(i) to whom she is or was
polygamously married; and
(ii) who is or was such a
citizen of the United Kingdom and Colonies, Commonwealth citizen or British
subject as is mentioned in section 2(2)(a) or (b) of
that Act as in force immediately before the commencement of the British
Nationality Act 1981; and
(b) has not before the coming into
force of this section and since her marriage to the husband been in the United
Kingdom.
(2) A woman to whom this section applies
shall not be entitled to enter the United Kingdom in the exercise of the right
of abode mentioned in subsection (1)(a) above or to be granted a certificate of
entitlement in respect of that right if there is another woman living (whether
or not one to whom this section applies) who is the wife or widow of the
husband and who--
(a) is, or at any time since her marriage
to the husband has been, in the United Kingdom; or
(b) has been granted a certificate of
entitlement in respect of the right of abode mentioned in subsection (1)(a)
above or an entry clearance to enter the United Kingdom as the wife of the
husband.
(3) So long as a woman is precluded by
subsection (2) above from entering the United Kingdom in the exercise of her
right of abode or being granted a certificate of entitlement in respect of that
right the principal Act shall apply to her as it applies to a person not having
a right of abode.
(4) Subsection (2) above shall not
preclude a woman from re-entering the United Kingdom if since her marriage to
the husband she has at any time previously been in the United Kingdom and there
was at that time no such other woman living as is mentioned in that subsection.
(5) Where a woman claims that this
section does not apply to her because she had been in the United Kingdom before
the coming into force of this section and since her marriage to the husband it
shall be for her to prove that fact.
(6) For the purposes of this section a
marriage may be polygamous although at its inception neither party has any
spouse additional to the other.
(7) For the purposes of subsections
(1)(b), (2)(a), (4) and (5) above there shall be disregarded presence in the
United Kingdom as a visitor or an illegal entrant and
presence in circumstances in which a person is deemed by section 11(1) of
the principal Act not to have entered the United Kingdom.
(8) In subsection (2)(b) above the
reference to a certificate of entitlement includes a reference to a certificate
treated as such a certificate by virtue of section
39(8) of the British Nationality Act 1981.
(9) No application by a woman for a
certificate of entitlement in respect of such a right of abode as is mentioned
in subsection (1)(a) above or for an entry clearance shall be granted if
another application for such a certificate or clearance is pending and that
application is made by a woman as the wife or widow of the same husband.
(10) For the purposes of subsection (9)
above an application shall be regarded as pending so long as it and any appeal
proceedings relating to it have not been finally determined. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
2.-- Restriction on exercise of right of
abode in cases of polygamy.
(1) This section applies to any woman
who--
(a) has the right of abode in the Isle
of Man under section 2(1)(b) of the principal Act as, or as having been, the
wife of a man ("the husband")--
(i) to whom she is or was polygamously
married; and
(ii) who is or was such a citizen of the
United Kingdom and Colonies, Commonwealth citizen or British subject as is
mentioned in section 2(2)(a) or (b) of that Act as in force immediately before
the commencement of the British Nationality Act 1981; and
(b) has not before the coming into force
of this section and since her marriage to the husband been in the Isle of Man.
(2) A woman to whom this section applies
shall not be entitled to enter the Isle of Man in the exercise of the right of
abode mentioned in subsection (1)(a) above or to be granted a certificate of
entitlement in respect of that right if there is another woman living (whether
or not one to whom this section applies) who is the wife or widow of the
husband and who--
(a) is, or at any time since her
marriage to the husband has been, in the Isle of Man; or
(b) has been granted a certificate of
entitlement in respect of the right of abode mentioned in subsection (1)(a)
above or an entry clearance to enter the Isle of Man as the wife of the
husband.
(3) So long as a woman is precluded by
subsection (2) above from entering the Isle of Man in the exercise of her right
of abode or being granted a certificate of entitlement in respect of that right
the principal Act shall apply to her as it applies to a person not having a
right of abode.
(4) Subsection (2) above shall not
preclude a woman from re-entering the Isle of Man if since her marriage to the
husband she has at any time previously been in the Isle of Man and there was at
that time no such other woman living as is mentioned in that subsection.
(5) Where a woman claims that this
section does not apply to her because she had been in the Isle of Man before the
coming into force of this section and since her marriage to the husband it
shall be for her to prove that fact.
(6) For the purposes of this section a
marriage may be polygamous although at its inception neither party has any
spouse additional to the other.
(7) For the purposes of subsections
(1)(b), (2)(a), (4) and (5) above there shall be disregarded presence in the
Isle of Man as a visitor or an illegal entrant and presence in circumstances in
which a person is deemed by section 11(1) of the principal Act not to have
entered the Isle of Man.
(8) In subsection (2)(b) above the
reference to a certificate of entitlement includes a reference to a certificate
treated as such a certificate by virtue of section 39(8) of the British
Nationality Act 1981.
(9) No application by a woman for a
certificate of entitlement in respect of such a right of abode as is mentioned
in subsection (1)(a) above or for an entry clearance shall be granted if
another application for such a certificate or clearance is pending and that
application is made by a woman as the wife or widow of the same husband.
(10) For the purposes of subsection (9)
above an application shall be regarded as pending so long as it has not been
finally determined.
(11) This section does not apply to a
woman who has made an application for a certificate of entitlement in respect
of the right of abode mentioned in subsection (1)(a) before 27th November 1991.
[FN2] In
relation to Jersey:
2.-- Restriction on exercise of right of
abode in cases of polygamy.
(1) This section applies to any woman
who--
(a) has the right of abode in the
Bailiwick of Jersey under section 2(1)(b) of the principal Act as, or as having
been, the wife of a man ("the husband")--
(i) to whom she is or was polygamously
married; and
(ii) who is or was such a citizen of the
United Kingdom and Colonies, Commonwealth citizen or British subject as is
mentioned in section 2(2)(a) or (b) of that Act as in force immediately before
the commencement of the British Nationality Act 1981; and
(b) has not before the coming into force
of this section and since her marriage to the husband been in the Bailiwick of
Jersey.
(2) A woman to whom this section applies
shall not be entitled to enter the Bailiwick of Jersey in the exercise of the
right of abode mentioned in subsection (1)(a) above or to be granted a
certificate of entitlement in respect of that right if there is another woman
living (whether or not one to whom this section applies) who is the wife or
widow of the husband and who--
(a) is, or at any time since her
marriage to the husband has been, in the Bailiwick of Jersey; or
(b) has been granted a certificate of
entitlement in respect of the right of abode mentioned in subsection (1)(a)
above or an entry clearance to enter the Bailiwick of Jersey as the wife of the
husband.
(3) So long as a woman is precluded by
subsection (2) above from entering the Bailiwick of Jersey in the exercise of
her right of abode or being granted a certificate of entitlement in respect of
that right the principal Act shall apply to her as it applies to a person not
having a right of abode.
(4) Subsection (2) above shall not
preclude a woman from re-entering the Bailiwick of Jersey if since her marriage
to the husband she has at any time previously been in the Bailiwick of Jersey
and there was at that time no such other woman living as is mentioned in that
subsection.
(5) Where a woman claims that this
section does not apply to her because she had been in the Bailiwick of Jersey
before the coming into force of this section and since her marriage to the
husband it shall be for her to prove that fact.
(6) For the purposes of this section a
marriage may be polygamous although at its inception neither party has any
spouse additional to the other.
(7) For the purposes of subsections
(1)(b), (2)(a), (4) and (5) above there shall be disregarded presence in the
Bailiwick of Jersey as a visitor or an illegal entrant and presence in
circumstances in which a person is deemed by section 11(1) of the principal Act
not to have entered the Bailiwick of Jersey.
(8) In subsection (2)(b) above the
reference to a certificate of entitlement includes a reference to a certificate
treated as such a certificate by virtue of section 39(8) of the British
Nationality Act 1981.
(9) No application by a woman for a
certificate of entitlement in respect of such a right of abode as is mentioned
in subsection (1)(a) above or for an entry clearance shall be granted if
another application for such a certificate or clearance is pending and that
application is made by a woman as the wife or widow of the same husband.
(10) For the purposes of subsection (9)
above an application shall be regarded as pending so long as it has not been
finally determined.
[FN3] In
relation to Guernsey:
2.-- Restriction on exercise of right of
abode in cases of polygamy.
(1) This section applies to any woman
who--
(a) has the right of abode in the
Bailiwick of Guernsey under section 2(1)(b) of the principal Act as, or as
having been, the wife of a man ("the husband")--
(i) to whom she is or was polygamously
married; and
(ii) who is or was such a citizen of the
United Kingdom and Colonies, Commonwealth citizen or British subject as is
mentioned in section 2(2)(a) or (b) of that Act as in force immediately before
the commencement of the British Nationality Act 1981; and
(b) has not before the coming into force
of this section and since her marriage to the husband been in the Bailiwick of
Guernsey.
(2) A woman to whom this section applies
shall not be entitled to enter the Bailiwick of Guernsey in the exercise of the
right of abode mentioned in subsection (1)(a) above or to be granted a
certificate of entitlement in respect of that right if there is another woman
living (whether or not one to whom this section applies) who is the wife or
widow of the husband and who--
(a) is, or at any time since her
marriage to the husband has been, in the Bailiwick of Guernsey; or
(b) has been granted a certificate of
entitlement in respect of the right of abode mentioned in subsection (1)(a)
above or an entry clearance to enter the Bailiwick of Guernsey as the wife of
the husband.
(3) So long as a woman is precluded by
subsection (2) above from entering the Bailiwick of Guernsey in the exercise of
her right of abode or being granted a certificate of entitlement in respect of
that right the principal Act shall apply to her as it applies to a person not
having a right of abode.
(4) Subsection (2) above shall not
preclude a woman from re-entering the Bailiwick of Guernsey if since her
marriage to the husband she has at any time previously been in the Bailiwick of
Guernsey and there was at that time no such other woman living as is mentioned
in that subsection.
(5) Where a woman claims that this
section does not apply to her because she had been in the Bailiwick of Guernsey
before the coming into force of this section and since her marriage to the
husband it shall be for her to prove that fact.
(6) For the purposes of this section a
marriage may be polygamous although at its inception neither party has any
spouse additional to the other.
(7) For the purposes of subsections
(1)(b), (2)(a), (4) and (5) above there shall be disregarded presence in the
Bailiwick of Guernsey as a visitor or an illegal entrant and presence in
circumstances in which a person is deemed by section 11(1) of the principal Act
not to have entered the Bailiwick of Guernsey.
(8) In subsection (2)(b) above the
reference to a certificate of entitlement includes a reference to a certificate
treated as such a certificate by virtue of section 39(8) of the British
Nationality Act 1981.
(9) No application by a woman for a
certificate of entitlement in respect of such a right of abode as is mentioned
in subsection (1)(a) above or for an entry clearance shall be granted if
another application for such a certificate or clearance is pending and that
application is made by a woman as the wife or widow of the same husband.
(10) For the purposes of subsection (9)
above an application shall be regarded as pending so long as it has not been
finally determined.
[FN4]
modified by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (III) Para 1
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 s 2
UK ST 1988 c 14 s 2
s
3 Proof of right of abode.
(1) For section
3(9) and (9A) of the principal Act
there shall be substituted--
"(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 issued by or on behalf of the Government of the
United Kingdom certifying that he has such a right of abode."
(2) For the provisions of section 13(3) of that Act up to the end of paragraph (b) there shall be
substituted--
"(3) A person shall
not be entitled to appeal, on the ground that he has a right of abode in the
United Kingdom, against a decision that he requires leave to enter the United
Kingdom unless he holds such a passport or certificate as is mentioned in
section 3(9) above;".
(3) In section
2(2) of that Act for the words " sections 3(9) and (9A), 5(2) and
13(3)" there shall be substituted the words " section
5(2)", subsections (3) and (5) of section 39 of the British Nationality Act
1981 are hereby repealed and in subsection (8) of
that section for the words "as amended by this section" there
shall be substituted the words "as in force after commencement".[ [FN1]] [FN2]
[FN1] In
relation to the Isle of Man:
3.-- Proof of right of abode.
(1) For section 3(9) and (9A) of the
principal Act there shall be substituted--
"(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 issued
by or on behalf of the Government of the United Kingdom certifying that he has
such a right of abode."
(2) For the provisions of section 13(3)
of that Act up to the end of
paragraph (b) there shall be substituted--
"(3) A person shall not be entitled
to appeal, on the ground that he has a right of abode in the United Kingdom, against
a decision that he requires leave to enter the United Kingdom unless he holds
such a passport or certificate as is mentioned in section 3(9) above;".
(3) In section 2(2) of that Act for the
words " sections 3(9) and (9A), 5(2) and 13(3)" there shall be
substituted the words " section 5(2)", subsection (3) of section 39 of the British Nationality Act
1981 are hereby repealed and in subsection (8) of that section for the words
"as amended by this section" there shall be substituted the words
"as in force after commencement".
[FN2]
words substituted by SI 1991/2630 (Immigration (Isle
of Man) Order), Sch 2 Para 1
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 s 3
UK ST 1988 c 14 s 3
s
4 Members of diplomatic missions.
At the beginning of subsection (3) of section 8 of the principal Act (exemption from immigration control for
members of diplomatic missions etc.) there shall be inserted the words
"Subject to subsection (3A) below," and after that subsection there
shall be inserted--
"(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 United Kingdom--
(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."
Notes:
S. 4 excluded by S.I. 1988/1133, art. 3
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 4
UK ST 1988 c 14 s 4
s
5
[...] [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 1988 c 14 s 5
UK ST 1988 c 14 s 5
s
6 Knowingly overstaying limited leave.
(1) After subsection
(1) of section 24 of the principal Act (illegal entry and similar
offences) there shall be inserted--
"(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."
(2) In subsection
(3) of that section (extension of time limit for prosecutions) for the
words " subsection (1)(a), (b)(i) and (c)" there shall be substituted
the words " subsection (1)(a) and (c)".
(3) These amendments do not apply in
relation to a person whose leave has expired before the coming into force of
this section.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 s 6
UK ST 1988 c 14 s 6
s
7 Persons exercising Community rights and nationals of member States.
(1) A person shall not under the
principal Act require leave to enter or remain in the United Kingdom in any
case in which he is entitled to do so by virtue of an enforceable Community
right or of any provision made under section 2(2) of
the European Communities Act 1972.
(2) The Secretary of State may by order
made by statutory instrument give leave to enter the United Kingdom for a
limited period to any class of persons who are nationals of member States but
who are not entitled to enter the United Kingdom as mentioned in subsection (1)
above; and any such order may give leave subject to such conditions as may be
imposed by the order.
(3) References in the principal Act to
limited leave shall include references to leave given by an order under
subsection (2) above and a person having leave by virtue of such an order shall
be treated as having been given that leave by a notice given to him by an
immigration officer within the period specified in paragraph
6(1) of Schedule 2 to that Act. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
7.-- Persons exercising Community rights
and nationals of member States.
(1) A person shall not under the
principal Act require leave to enter or remain in the Isle of Man where he is
entitled to enter or remain in the United Kingdom by virtue of an enforceable
Community right or of any provision made under section 2(2) of the European
Communities Act 1972.
(2) The Lieutenant-Governor may by order
give leave to enter the Isle of Man for a limited period to any class of
persons who are nationals of member States but who are not entitled to enter
the United Kingdom as mentioned in subsection (1) above; and any such order may
give leave subject to such conditions as may be imposed by the order.
(3) References in the principal Act to
limited leave shall include references to leave given by an order under
subsection (2) above and a person having leave by virtue of such an order shall
be treated as having been given that leave by a notice given to him by an
immigration officer within the period specified in paragraph 6(1) of Schedule 2
to that Act.
[FN2] In
relation to Jersey:
7.-- Persons exercising Community rights
and nationals of member States.
(1) A person shall not under the
principal Act require leave to enter or remain in the Bailiwick of Jersey in
circumstances in which he would be entitled to enter or remain in the United
Kingdom by virtue of an enforceable Community right or of any provision made
under section 2(2) of the European Communities Act 1972.
(2) The Lieutenant-Governor may by
directions give leave to enter the Bailiwick of Jersey for a limited period to
any class of persons who are nationals of member States but who would not be
entitled to enter the United Kingdom as mentioned in subsection (1) above; and
any such order may give leave subject to such conditions as may be imposed by
the order.
(3) References in the principal Act to
limited leave shall include references to leave given by directions under
subsection (2) above and a person having leave by virtue of such directions
shall be treated as having been given that leave by a notice given to him by an
immigration officer within the period specified in paragraph 6(1) of Schedule 2
to that Act.
[FN3] In
relation to Guernsey:
7.-- Persons exercising Community rights
and nationals of member States.
(1) A person shall not under the
principal Act require leave to enter or remain in the Bailiwick of Guernsey in
circumstances in which he would be entitled to enter or remain in the United
Kingdom by virtue of an enforceable Community right or of any provision made
under section 2(2) of the European Communities Act 1972.
(2) The Board with the concurrence of
the Lieutenant-Governor may by order give leave to enter the Bailiwick of
Guernsey for a limited period to any class of persons who are nationals of
member States but who would not be entitled to enter the United Kingdom as
mentioned in subsection (1) above; and any such order may give leave subject to
such conditions as may be imposed by the order.
(3) References in the principal Act to
limited leave shall include references to leave given by an order under subsection
(2) above and a person having leave by virtue of such an order shall be treated
as having been given that leave by a notice given to him by an immigration
officer within the period specified in paragraph 6(1) of Schedule 2 to that
Act.
[FN4]
modified by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (III) Para 2
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 7
UK ST 1988 c 14 s 7
s
8 Examination of passengers prior to arrival.
(1) This section applies to a person who
arrives in the United Kingdom with a passport or other travel document bearing
a stamp which--
(a) has been placed there by an
immigration officer before that person's departure on his journey to the United
Kingdom or in the course of that journey; and
(b) states that the person may enter
the United Kingdom either for an indefinite or a limited period and, if for a
limited period, subject to specified conditions.
(2) A person to whom this section
applies shall for the purposes of the principal Act be deemed to have been
given on arrival in the United Kingdom indefinite or, as the case may be,
limited leave in terms corresponding to those of the stamp.
(3) A person who is deemed to have leave
by virtue of this section shall be treated as having been given it by a notice
given to him by an immigration officer within the period specified in paragraph 6(1) of Schedule 2 to the principal
Act.
(4) A person deemed to have leave by virtue of this section shall not on his
arrival in the United Kingdom be subject to examination under paragraph 2 of
Schedule 2 to the principal Act but may be examined by an immigration officer
for the purpose of establishing that he is such a person.
(5) The leave which a person is deemed
to have by virtue of this section may, at any time before the end of the period
of twenty-four hours from his arrival at the port at which he seeks to enter
the United Kingdom or, if he has been examined under subsection (4) above, from
the conclusion of that examination, be cancelled by
an immigration officer by giving him a notice in writing refusing him leave to
enter.
(6) Sub-paragraphs
(3) and (4) of paragraph 6 of Schedule 2 to the principal Act shall have effect
as if any notice under subsection (5) above were a notice under that paragraph.
(7) References in this section to a
person's arrival in the United Kingdom are to the first occasion on which he
arrives after the time when the stamp in question was placed in his passport or
travel document, being an occasion not later than seven days after that time.[ [FN1] [FN2] [FN3]] [FN4]
[...] [FN5]
[FN1] In
relation to the Isle of Man:
8.-- Examination of passengers prior to
arrival.
(1) This section applies to a person who
arrives in the Isle of Man with a passport or other travel document bearing a
stamp which--
(a) has been placed there by an
immigration officer before that person's departure on his journey to the Isle
of Man or in the course of that journey; and
(b) states that the person may enter the
Isle of Man either for an indefinite or a limited period and, if for a limited
period, subject to specified conditions.
(2) A person to whom this section
applies shall for the purposes of the principal Act be deemed to have been
given on arrival in the Isle of Man indefinite or, as the case may be, limited
leave in terms corresponding to those of the stamp.
(3) A person who is deemed to have leave
by virtue of this section shall be treated as having been given it by a notice
given to him by an immigration officer within the period specified in paragraph
6(1) of Schedule 2 to the principal Act.
(4) A person deemed to have leave by
virtue of this section shall not on his arrival in the Isle of Man be subject
to examination under paragraph 2 of Schedule 2 to the principal Act but may be
examined by an immigration officer for the purpose of establishing that he is
such a person.
(5) The leave which a person is deemed
to have by virtue of this section may, at any time before the end of the period
of twenty-four hours from his arrival at the port at which he seeks to enter
the Isle of Man or, if he has been examined under subsection (4) above, from
the conclusion of that examination, be cancelled by an immigration officer by
giving him a notice in writing refusing him leave to enter.
(6) Sub-paragraphs (3) and (4) of
paragraph 6 of Schedule 2 to the principal Act shall have effect as if any
notice under subsection (5) above were a notice under that paragraph.
(7) References in this section to a person's
arrival in the Isle of Man are to the first occasion on which he arrives after
the time when the stamp in question was placed in his passport or travel
document, being an occasion not later than seven days after that time.
(8) The reference in this section to the
port at which a persons seeks to enter the Isle of Man includes the terminal
area in the tunnel system at Cheriton, Folkestone and the service and
maintenance area at the Old Dover Colliery site referred to in section 1(7)(b)
and (c) of the Channel Tunnel Act 1987.
[FN2] In
relation to Jersey:
8.-- Examination of passengers prior to
arrival.
(1) This section applies to a person who
arrives in the Bailiwick of Jersey with a passport or other travel document
bearing a stamp which--
(a) has been placed there by an
immigration officer before that person's departure on his journey to the
Bailiwick of Jersey or in the course of that journey; and
(b) states that the person may enter the
Bailiwick of Jersey either for an indefinite or a limited period and, if for a
limited period, subject to specified conditions.
(2) A person to whom this section
applies shall for the purposes of the principal Act be deemed to have been
given on arrival in the Bailiwick of Jersey indefinite or, as the case may be,
limited leave in terms corresponding to those of the stamp.
(3) A person who is deemed to have leave
by virtue of this section shall be treated as having been given it by a notice
given to him by an immigration officer within the period specified in paragraph
6(1) of Schedule 2 to the principal Act.
(4) A person deemed to have leave by
virtue of this section shall not on his arrival in the Bailiwick of Jersey be
subject to examination under paragraph 2 of Schedule 2 to the principal Act but
may be examined by an immigration officer for the purpose of establishing that
he is such a person.
(5) The leave which a person is deemed
to have by virtue of this section may, at any time before the end of the period
of twenty-four hours from his arrival at the port at which he seeks to enter
the Bailiwick of Jersey or, if he has been examined under subsection (4) above,
from the conclusion of that examination, be cancelled by an immigration officer
by giving him a notice in writing refusing him leave to enter.
(6) Sub-paragraphs (3) and (4) of
paragraph 6 of Schedule 2 to the principal Act shall have effect as if any
notice under subsection (5) above were a notice under that paragraph.
(7) References in this section to a
person's arrival in the Bailiwick of Jersey are to the first occasion on which
he arrives after the time when the stamp in question was placed in his passport
or travel document, being an occasion not later than seven days after that
time.
[FN3] In
relation to Guernsey:
8.-- Examination of passengers prior to
arrival.
(1) This section applies to a person who
arrives in the Bailiwick of Guernsey with a passport or other travel document
bearing a stamp which--
(a) has been placed there by an
immigration officer before that person's departure on his journey to the
Bailiwick of Guernsey or in the course of that journey; and
(b) states that the person may enter the
Bailiwick of Guernsey either for an indefinite or a limited period and, if for
a limited period, subject to specified conditions.
(2) A person to whom this section
applies shall for the purposes of the principal Act be deemed to have been
given on arrival in the Bailiwick of Guernsey indefinite or, as the case may
be, limited leave in terms corresponding to those of the stamp.
(3) A person who is deemed to have leave
by virtue of this section shall be treated as having been given it by a notice
given to him by an immigration officer within the period specified in paragraph
6(1) of Schedule 2 to the principal Act.
(4) A person deemed to have leave by
virtue of this section shall not on his arrival in the Bailiwick of Guernsey be
subject to examination under paragraph 2 of Schedule 2 to the principal Act but
may be examined by an immigration officer for the purpose of establishing that
he is such a person.
(5) The leave which a person is deemed
to have by virtue of this section may, at any time before the end of the period
of twenty-four hours from his arrival at the port at which he seeks to enter
the Bailiwick of Guernsey or, if he has been examined under subsection (4)
above, from the conclusion of that examination, be cancelled by an immigration
officer by giving him a notice in writing refusing him leave to enter.
(6) Sub-paragraphs (3) and (4) of
paragraph 6 of Schedule 2 to the principal Act shall have effect as if any
notice under subsection (5) above were a notice under that paragraph.
(7) References in this section to a
person's arrival in the Bailiwick of Guernsey are to the first occasion on
which he arrives after the time when the stamp in question was placed in his
passport or travel document, being an occasion not later than seven days after
that time.
[FN4] repealed by SI 1993/1813 (Channel Tunnel (International
Arrangements) Order), Sch 6 (I) Para 1
[FN5]
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 1988 c 14 s 8
UK ST 1988 c 14 s 8
s
9
[...] [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 1988 c 14 s 9
UK ST 1988 c 14 s 9
s
10 Miscellaneous minor amendments.
The principal Act shall have effect with
the amendments specified in the Schedule to this Act.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 10
UK ST 1988 c 14 s 10
s
11 Expenses and receipts.
(1) There shall be paid out of money provided
by Parliament any expenses incurred by the Secretary of State in consequence of
this Act.
(2) Any sums received by the Secretary
of State by virtue of this Act shall be paid into the Consolidated Fund. [FN1] [ [FN2]] [FN3]
[FN1] In
relation to the Isle of Man:
11.-- Expenses and receipts.
(1) There shall be paid out of money
provided by Tynwald any expenses incurred by the Lieutenant-Governor in
consequence of this Act.
(2) Any sums received by the
Lieutenant-Governor by virtue of this Act shall be paid into the General
Revenue of the Isle of Man.
[FN2] In
relation to Jersey:
11.-- Expenses and receipts.
(2) Any sums received by the Committee
by virtue of this Act shall be paid to the Treasurer of the States and credited
to the Annual Income of the States.
[FN3]
modified by SI 1993/1797 (Immigration (Jersey)
Order), Sch 1 (III) Para 5
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 11
UK ST 1988 c 14 s 11
s
12 Short title, interpretation, commencement and extent.
(1) This Act may be cited as the
Immigration Act 1988.
(2) In this Act "the principal
Act" means the Immigration Act 1971 and any expression which is also used
in that Act has the same meaning as in that Act.
(3) Except as provided in subsection (4)
below this Act shall come into force at the end of the period of two months
beginning with the day on which it is passed.
(4) Sections 1, 2, 3,
4, 5 and 7(1) and paragraph 1 of the Schedule shall come into force on such day
as may be appointed by the Secretary of State by an order made by statutory
instrument; and such an order may appoint different days for different
provisions and contain such transitional provisions and savings as the
Secretary of State thinks necessary or expedient in connection with any
provision brought into force.
(5) This Act extends
to Northern Ireland and section 36 of the principal Act (power to extend any of its
provisions to the Channel Islands or the Isle of Man) shall apply also to the
provisions of this Act. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
12.-- Short title, interpretation,
commencement and extent.
(1) This Act may be cited as the
Immigration Act 1988.
(2) In this Act "the principal
Act" means the Immigration Act 1971 and any expression which is also used
in that Act has the same meaning as in that Act.
(3) Except as provided in subsection (4)
below this Act shall come into force on 27th November 1991.
(4) Section 7(1) shall come into force on
the day when the corresponding provision of the Immigration Act 1988 is brought
into force by an order under section 12(4) of that Act.
(5) The reference in subsection (4) to
the Immigration Act 1988 is a reference to that Act as it has effect in the
United Kingdom.
[FN2] In
relation to Jersey:
12.-- Short title, interpretation,
commencement and extent.
(1) This Act may be cited as the
Immigration Act 1988.
(2) In this Act "the principal
Act" means the Immigration Act 1971 and any expression which is also used
in that Act has the same meaning as in that Act.
(3) This Act shall come into force on
1st August 1993.
[FN3] In
relation to Guernsey:
12.-- Short title, interpretation,
commencement and extent.
(1) This Act may be cited as the
Immigration Act 1988.
(2) In this Act "the principal
Act" means the Immigration Act 1971 and any expression which is also used
in that Act has the same meaning as in that Act.
(3) This Act shall come into force on
1st August 1993.
[FN4]
subsection (3) substituted for subsections (3) to (5) by
SI 1993/1796 (Immigration (Guernsey) Order), Sch 1 (III) Para 5
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 12
UK ST 1988 c 14 s 12
IMMIGRATION ACT 1988 CHAPTER 14
SCHEDULE 1 MINOR AMENDMENTS
LIMITATION AND CONDITIONS ON LEAVE TO BE
APPLICABLE ALSO TO SUBSEQUENT LEAVE
GRANTED AFTER ABSENCE WITHIN PERIOD OF
EARLIER LEAVE
UK Statutes Crown Copyright. Reproduced by
permission of the
Controller of Her Majesty's Stationery Office.
In-force date: May 16, 1991 (see Analysis Tab
for Commencement Information)
Para
1
In section 3(3)(b)
for the words
"may be imposed (whether originally or on a variation) so that they
will" there shall be substituted the words "(whether imposed
originally or on a variation) shall".
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 1
UK ST 1988 c 14 Sch 1 Para 1
Para
2
In section
5(6) for "3(5)(c)" there shall be substituted "3(5)".
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 2
UK ST 1988 c 14 Sch 1 Para 2
Para
3
At the end of section
14 there shall be inserted--
"(5) Where a deportation
order is made against a person any pending appeal by that person under
subsection (1) above shall lapse."
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 3
UK ST 1988 c 14 Sch 1 Para 3
Para
4
In section 28(1)(a)
for the
words "a chief officer of police" there shall be substituted the
words "an officer of police above the rank of chief superintendent"
and for the words "his police force" there shall be substituted the
words "the police force to which he belongs".
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 4
UK ST 1988 c 14 Sch 1 Para 4
Para
5
In section 33(1), in
the definition of "entry clearance", after the word "evidence" there shall be
inserted the words "or the requisite evidence".
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 5
UK ST 1988 c 14 Sch 1 Para 5
Para
6
(1) After paragraph
4(2) of Schedule 2 there shall be inserted--
"(2A) An immigration
officer may detain any passport or other document produced pursuant to
sub-paragraph (2)(a) above until the person concerned is given leave to enter
the United Kingdom or is about to depart or be removed following refusal of
leave."
(2) This amendment
does not apply in relation to any person whose examination under paragraph 2 or
3 of Schedule 2
began before the coming into force of this paragraph.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 6
UK ST 1988 c 14 Sch 1 Para 6
Para
7
(1) In paragraph
6(1) and (2) of Schedule 2 for the words "twelve hours", wherever
they occur, there shall be substituted the words "twenty-four hours".
(2) This amendment does not apply in
relation to any person whose examination under
paragraph 2 began before the coming into force of this paragraph.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 7
UK ST 1988 c 14 Sch 1 Para 7
Para
8
(1) In
paragraph 6(1) of Schedule 2 for the words "indefinite leave to enter the
United Kingdom" there shall be substituted the words "leave to
enter the United Kingdom for a period of six months subject to a condition
prohibiting his taking employment".
(2) In
paragraph 6(3) of Schedule 2 for the words from "the immigration officer
may" onwards there shall be substituted the words "and the
immigration officer does not at the same time give him indefinite or limited
leave to enter, he shall be deemed to have been given leave to enter for a
period of six months subject to a condition prohibiting his taking employment
and the immigration officer shall as soon as may be give him written notice of
that leave."
(3) The amendment in sub-paragraph (1)
above does not apply in relation to any person in whose case the time-limit in paragraph 6(1) of Schedule 2 has expired before
the coming into force of this paragraph; and the amendment in sub-paragraph (2)
above does not apply in relation to a person given a notice of
cancellation under paragraph 6(3) of Schedule 2
before the coming into force of this paragraph.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF ST 1988 c 14 Sch 1 Para 8
UK ST 1988 c 14 Sch 1 Para 8
Para
9
(1) At the end of
paragraph 8(2) of Schedule 2 there shall be inserted the words "except
that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if
the immigration officer has within that period given written notice to the
owners or agents in question of his intention to give directions to them in
respect of that person".
(2) In paragraph
10(1)(b) of Schedule 2 for the words "but that the time limited by
paragraph 8(2) has passed" there shall be substituted the words "but
that the requirements of paragraph 8(2) have not been complied with".
(3) In paragraph
28(4) of Schedule 2 after the words "directions under that paragraph for
the removal of a person from the United Kingdom" there shall be inserted the words
"and for the giving of a notice of intention to give such directions".
(4) These amendments do not apply in
relation to any person refused leave to enter the United Kingdom before the
coming into force of this paragraph. [ [FN1]] [FN2]
[FN1] In
relation to the Isle of Man:
9.--
(1) At the end of paragraph 8(2) of
Schedule 2 there shall be inserted the words "except that directions may
be given under sub-paragraph (1)(b)
or (c) after the end of that period if the immigration officer has
within that period given written notice to the owners or agents in question of
his intention to give directions to them in respect of that person".
(2) In paragraph 10(1)(b) of Schedule 2
for the words "but that the time limited by paragraph 8(2) has
passed" there shall be substituted the words "but that the
requirements of paragraph 8(2) have not been complied with".
(3) In paragraph 28(4) of Schedule 2
after the words "directions under that paragraph for the removal of a
person from the United Kingdom" there shall be inserted the words
"and for the giving of a notice of intention to give such
directions".
(4) These amendments do not apply in
relation to any person refused leave to enter the Isle of Man before the coming
into force of this paragraph.
[FN2]
words substituted by SI 1991/2630 (Immigration (Isle
of Man) Order), Sch 2 Para 1
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF ST 1988 c 14 Sch 1 Para 9
UK ST 1988 c 14 Sch 1 Para 9
Para
10
(1) In paragraph
21(2) of Schedule 2 after the words "as to residence" there shall be
inserted the words ", as to his employment or occupation".
(2) In paragraphs
2(5) and 4 of Schedule 3 after the words "as to residence" there shall
be inserted the words ", as to his employment or occupation".
(3) In section
24(1)(e) after the words "as to residence" there shall be
inserted the words ", as to his employment or occupation".
(4) These amendments apply in relation
to persons granted temporary admission or released from detention under paragraph 21 of Schedule 2, becoming liable to
detention under paragraph 2(2) or (3) of Schedule 3,
or directed to be released as mentioned in paragraph
4 of that Schedule, as the case may be, before as well as after the coming into
force of this paragraph.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 10
UK ST 1988 c 14 Sch 1 Para 10
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
In-force
date: February 14, 2000
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
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
UK ST 1971 c 77 Pt III s 28FB
s
28G Searching arrested persons.
[
28G.-- Searching arrested persons.
(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 search the arrested person if he has reasonable grounds for believing that
the arrested person may present a danger to himself or others
(3) The officer may search
the arrested person for--
(a)
anything which he might use to assist his escape from lawful custody; or
(b)
anything which might be evidence relating to the offence for which he has been
arrested.
(4) The power conferred by
subsection (3) may be exercised--
(a)
only if the officer has reasonable grounds for believing that the arrested
person may have concealed on him anything of a kind mentioned in that
subsection; and
(b)
only to the extent that it is reasonably required for the purpose of
discovering any such thing.
(5) A power conferred by
this section to search a person is not to be read as authorising an officer to
require a person to remove any of his clothing in public other than an outer
coat, jacket or glove; but it does authorise the search of a person's mouth.
(6) An officer searching a
person under subsection (2) may seize and retain anything he finds, if he has
reasonable grounds for believing that that person might use it to cause
physical injury to himself or to another person.
(7) An officer searching a
person under subsection (3) may seize and retain anything he finds, if he has reasonable
grounds for believing--
(a)
that that person might use it to assist his escape from lawful custody; or
(b)
that it is evidence which relates to the offence in question.
(8) Subsection (7)(b) does
not apply to an item 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
134 (1)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt III s 28G
UK ST 1971 c 77 Pt III s 28G
s
28H Searching persons in police custody.
[
28H.-- Searching persons in police
custody.
(1) This section applies if
a person--
(a)
has been arrested for an offence under this Part; and
(b)
is in custody at a police station or in police detention at a place other than
a police station.
(2) An immigration officer
may, at any time, search the arrested person in order to see whether he has
with him anything--
(a)
which he might use to--
(i)
cause physical injury to himself or others;
(ii)
damage property;
(iii)
interfere with evidence; or
(iv)
assist his escape; or
(b)
which the officer has reasonable grounds for believing is evidence relating to
the offence in question.
(3) The power may be
exercised only to the extent that the custody officer concerned considers it to
be necessary for the purpose of discovering anything of a kind mentioned in
subsection (2).
(4) An officer searching a
person under this section may seize anything he finds, if he has reasonable
grounds for believing that--
(a)
that person might use it for one or more of the purposes mentioned in
subsection (2)(a); or
(b)
it is evidence relating to the offence in question.
(5) Anything seized under
subsection (4)(a) may be retained by the police.
(6) Anything seized under
subsection (4)(b) may be retained by an immigration officer.
(7) The person from whom
something is seized must be told the reason for the seizure unless he is--
(a)
violent or appears likely to become violent; or
(b)
incapable of understanding what is said to him.
(8) An intimate search may
not be conducted under this section.
(9) The person carrying out
a search under this section must be of the same sex as the person searched.
(10) "Custody
officer"--
(a)
in relation to England and Wales, has the same meaning as in the Police and
Criminal Evidence Act 1984;
(b)
in relation to Scotland, means the officer in charge of a police station; and
(c)
in relation to Northern Ireland, has the same meaning as in the Police and
Criminal Evidence (Northern Ireland) Order 1989.
(11) "Intimate
search"--
(a)
in relation to England and Wales, has the meaning given
by section 65 of the Act of 1984;
(b)
in relation to Scotland, means a search which consists of the physical
examination of a person's body orifices other than the mouth; and
(c)
in relation to Northern Ireland, has the same meaning as in the 1989 Order.
(12) "Police
detention"--
(a)
in relation to England and Wales, has the meaning given by section 118(2) of the 1984 Act; and
(b)
in relation to Northern Ireland, has the meaning given by Article 2 of the 1989
Order.
(13) In relation to
Scotland, a person is in police detention if--
(a)
he has been taken to a police station after being arrested for an offence; or
(b)
he is arrested at a police station after attending voluntarily at the station,
accompanying a constable to it or being detained under
section 14 of the Criminal Procedure (Scotland) Act 1995,
and is detained there or is
detained elsewhere in the charge of a constable, but is not in police detention
if he is in court after being charged.
] [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 135 (1)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt III s 28H
UK ST 1971 c 77 Pt III s 28H
s
28I Seized material: access and copying.
[
28l.-- Seized material: access and
copying.
(1) If a person showing
himself--
(a)
to be the occupier of the premises on which seized material was seized, or
(b)
to have had custody or control of the material immediately before it was
seized,
asks the immigration
officer who seized the material for a record of what he seized, the officer must provide the
record to that person within a reasonable time.
(2) If a relevant person
asks an immigration officer for permission to be granted access to seized
material, the officer must arrange for him to have access to the material under
the supervision--
(a)
in the case of seized material within subsection (8)(a), of an immigration
officer;
(b)
in the case of seized material within subsection (8)(b), of a constable.
(3) An immigration officer
may photograph or copy, or have photographed or copied, seized material.
(4) If a relevant person
asks an immigration officer for a photograph or copy of seized material, the
officer must arrange for--
(a)
that person to have access to the material for the purpose of photographing or
copying it under the supervision--
(i)
in the case of seized material within subsection (8)(a), of an immigration
officer;
(ii)
in the case of seized material within subsection (8)(b), of a constable; or
(b)
the material to be photographed or copied.
(5) A photograph or copy
made under subsection (4)(b) must be supplied within a reasonable time.
(6) There is no duty under
this section to arrange for access to, or the supply of a photograph or copy
of, any material if there are reasonable grounds for believing that to do so
would prejudice--
(a)
the exercise of any functions in connection with which the material was seized;
or
(b)
an investigation which is being conducted under this Act, or any criminal
proceedings which may be brought as a result.
(7) "Relevant
person" means--
(a)
a person who had custody or control of seized material immediately before it
was seized, or
(b)
someone acting on behalf of such a person.
(8) "Seized
material" means anything--
(a)
seized and retained by an immigration officer, or
(b)
seized by an immigration officer and retained by the police,
under
this Part.
] [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 136 (1)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt III s 28I
UK ST 1971 c 77 Pt III s 28I
s
28J Search warrants: safeguards.
[
28J.-- Search warrants: safeguards.
(1) The entry or search of
premises under a warrant is unlawful unless it complies with this section and section 28K.
(2) If an immigration
officer applies for a warrant, he must--
(a)
state the ground on which he makes the application and the provision of this
Act under which the warrant would be issued;
(b)
specify the premises which it is desired to enter and search; and
(c)
identify, so far as is practicable, the persons or articles to be sought.
(3) In Northern Ireland, an
application for a warrant is to be supported by a complaint in writing and
substantiated on oath.
(4) Otherwise, an
application for a warrant is to be made ex parte and supported by an
information in writing or, in Scotland, evidence on oath.
(5) The officer must answer
on oath any question that the justice of the peace or sheriff hearing the
application asks him.
(6) A warrant shall
authorise an entry on one occasion only.
(7) A warrant must
specify--
(a)
the name of the person applying for it;
(b)
the date on which it is issued;
(c)
the premises to be searched; and
(d)
the provision of this Act under which it is issued.
(8) A warrant must identify,
so far as is practicable, the persons or articles to be sought.
(9) Two copies of a warrant
must be made.
(10) The copies must be
clearly certified as copies.
(11) "Warrant"
means a warrant to enter and search premises issued to an immigration officer
under this Part or under paragraph 17(2) of Schedule
2.
] [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 137
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt III s 28J
UK ST 1971 c 77 Pt III s 28J
s
28K Execution of warrants.
[
28K.-- Execution of warrants.
(1) A warrant may be
executed by any immigration officer.
(2) A warrant may authorise
persons to accompany the officer executing it.
(3) Entry and search under
a warrant must be--
(a)
within one month from the date of its issue; and
(b)
at a reasonable hour, unless it appears to the officer executing it that the
purpose of a search might be frustrated.
(4) If the occupier of
premises which are to be entered and searched is present at the time when an
immigration officer seeks to execute a warrant, the officer must--
(a)
identify himself to the occupier and produce identification showing that he is
an immigration officer;
(b)
show the occupier the warrant; and
(c)
supply him with a copy of it.
(5) If--
(a)
the occupier is not present, but
(b)
some other person who appears to the officer to be in charge of the premises is
present,
subsection (4) has effect
as if each reference to the occupier were a reference to that other person.
(6) If there is no person
present who appears to the officer to be in charge of the premises, the officer
must leave a copy of the warrant in a prominent place on the premises.
(7) A search under a
warrant may only be a search to the extent required for the purpose for which
the warrant was issued.
(8) An officer executing a
warrant must make an endorsement on it stating--
(a)
whether the persons or articles sought were found; and
(b)
whether any articles, other than articles which were sought, were seized.
(9) A warrant which has
been executed, or has not been executed within the time authorised for its
execution, must be returned--
(a)
if issued by a justice of the peace in England and Wales, to the justices'
chief executive appointed by the magistrates' court committee whose area
includes the petty sessions area for which the justice acts;
(b)
if issued by a justice of the peace in Northern Ireland, to the clerk of petty
sessions for the petty sessions district in which the premises are situated;
(c)
if issued by a justice of the peace in Scotland, to the clerk of the district
court for the commission area for which the justice of the peace was appointed;
(d)
if issued by the sheriff, to the sheriff clerk.
(10) A warrant returned
under subsection (9)(a) must be retained for 12 months by the justices' chief
executive.
(11) A warrant issued under
subsection (9)(b) or (c) must be retained for 12 months by the clerk.
(12) A warrant returned
under subsection (9)(d) must be retained for 12 months by the sheriff clerk.
(13) If during that 12
month period the occupier of the premises to which it relates asks to inspect
it, he must be allowed to do so.
(14) "Warrant"
means a warrant to enter and search premises issued to an immigration officer
under this Part or under paragraph 17(2) of Schedule
2.
] [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 138
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt III s 28K
UK ST 1971 c 77 Pt III s 28K
s
28L Interpretation of Part III.
In this Part, "premises" and
"items subject to legal privilege" have the same meaning--
(a) in relation to England and Wales,
as in the Police and Criminal Evidence Act 1984;
(b) in relation to Northern Ireland, as
in the Police and Criminal Evidence (Northern Ireland) Order 1989and
(c) in relation to Scotland, as in [ section 412 of the Proceeds of Crime Act 2002] [FN1].
[FN1]
words substituted by Proceeds of Crime Act (2002
c.29), Sch 11 Para 6
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt III s 28L
UK ST 1971 c 77 Pt III s 28L
s
29
[...] [FN1]
[FN1]
repealed by Nationality, Immigration and Asylum Act
(2002 c.41), Pt 3 s 58 (5) (a)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 29
UK ST 1971 c 77 Pt IV s 29
s
30
30. [...] [FN1]
Notes:
Act amended by Immigration Act 1988
(c.14), s. 7(3)
[FN1]
Repealed by Mental Health (Scotland) Act 1984 (c.36), s. 127(2), Sch. 5
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 30
UK ST 1971 c 77 Pt IV s 30
s
31 Expenses.
[ [FN1]]
[FN2]There shall be defrayed out of moneys
provided by Parliament any expenses incurred by the Lord Chancellor under
Schedule 5 to this Act or by a Secretary of State under or by virtue of this
Act--
(a) by way of administrative expenses ;
or
(b) in connection with the removal of
any person from the United Kingdom under Schedule 2 or 3 to this Act or the departure
with him of his dependants, or his or their maintenance pending departure; or
(c)
[...] [FN3]
[FN1] In
relation to the Isle of Man:
31. Expenses.
There shall be defrayed out of moneys
provided by Tynwald any expenses incurred by the Lord Chancellor under Schedule
5 to this Act or by a Lieutenant-Governor under or by virtue of this Act--
(a) by way of administrative expenses ;
or
(b) in connection with the removal of
any person from the Isle of Man under
Schedule 2 or 3 to this Act or the departure with him of his dependants,
or his or their maintenance pending departure; or
(d) [...]
[FN2] repealed by Nationality, Immigration and Asylum Act (2002
c.41), Pt 3 s 58 (5) (b)
[FN3]
repealed by Nationality, Immigration and Asylum Act
(2002 c.41), Pt 3 s 58 (5) (b)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 31
UK ST 1971 c 77 Pt IV s 31
s
31A Procedural requirements as to applications
(1) If a form is prescribed for a particular
kind of application under this Act, any application of that kind must be made
in the prescribed form.
(2) If procedural or other steps are
prescribed in relation to a particular kind of application under this Act,
those steps must be taken in respect of any application of that kind.
(3) "Prescribed" means
prescribed in regulations made by the Secretary of State.
[
(3A) Regulations under this section may provide that a failure to comply
with a specified requirement of the regulations--
(a) invalidates an application,
(b) does not invalidate an application,
or
(c) invalidates an application in
specified circumstances (which may be described wholly or partly by reference
to action by the applicant, the Secretary of State, an immigration officer or
another person).
] [FN1]
(4) The power to make regulations under
this section is exercisable by statutory instrument.
(5) Any such statutory instrument shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.
[FN1] added by Nationality, Immigration and Asylum Act (2002
c.41), Pt 6 s 121
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 31A
UK ST 1971 c 77 Pt IV s 31A
s
32 General provisions as to Orders in Council, etc.
(1) Any power conferred by Part I of
this Act to make an Order in Council or order (other than a deportation order)
or to give any directions includes power to revoke or vary the Order in
Council, order or directions.
(2) Any document purporting to be an
order, notice or direction made or given by the Secretary of State for the
purposes of the Immigration Acts and to be signed by him or on his behalf, and
any document purporting to be a certificate of the Secretary of State so given
and to be signed by him or on his behalf, shall be received in evidence, and
shall, until the contrary is proved, be deemed to be made or issued by him.
(3) Prima facie evidence of any such
order, notice, direction or certificate as aforesaid may, in any legal proceedings
or other proceedings under the Immigration Acts, be given by the production of
a document bearing a certificate purporting to be signed by or on behalf of the
Secretary of State and stating that the document is a true copy of the order,
notice, direction or certificate.
(4) Where an order
under section 8(2) above applies to persons specified in a schedule to the
order, or any directions of the Secretary of State given for the purposes of the
Immigration Acts apply to persons specified in a schedule to the directions,
prima facie evidence of the provisions of the order or directions other than
the schedule and of any entry contained in the schedule may, in any legal
proceedings or other proceedings under the Immigration Acts, be given by the
production of a document purporting to be signed by or on behalf of the
Secretary of State and stating that the document is a true copy of the said
provisions and of the relevant entry. [FN1] [FN2] [FN3]
[
(5) In subsection (4) "the
Immigration Acts" has the meaning given by section
158 of the Nationality, Immigration and Asylum Act 2002.
] [FN4]
[FN1] In
relation to the Isle of Man:
32.-- General provisions as to Orders in
Council, etc.
(1) Any power conferred by Part I of
this Act to make an Order in Council or order (other than a deportation order)
or to give any directions includes power to revoke or vary the Order in
Council, order or directions.
(2) Any document purporting to be an
order, notice or direction made or given by the Lieutenant-Governor for the
purposes of the Immigration Acts and to be signed by him or on his behalf, and
any document purporting to be a certificate of the Lieutenant-Governor so given
and to be signed by him or on his behalf, shall be received in evidence, and shall,
until the contrary is proved, be deemed to be made or issued by him.
(3) Prima facie evidence of any such
order, notice, direction or certificate as aforesaid may, in any legal
proceedings be given by the production of a document bearing a certificate
purporting to be signed by or on behalf of the Lieutenant-Governor and stating
that the document is a true copy of the order, notice, direction or
certificate.
(4) Where an order under section 8(2)
above applies to persons specified in a schedule to the order, or any
directions of the Lieutenant-Governor given for the purposes of the Immigration
Acts apply to persons specified in a schedule to the directions, prima facie
evidence of the provisions of the order or directions other than the schedule and
of any entry contained in the schedule may, in any legal proceedings be given
by the production of a document purporting to be signed by or on behalf of the
Lieutenant-Governor and stating that the document is a true copy of the said
provisions and of the relevant entry.
[FN2] In
relation to Jersey:
32.-- General provisions as to Orders in
Council, etc.
(1) Any power conferred by Part I of
this Act to make an Order in Council or order (other than a deportation order)
or to give any directions includes power to revoke or vary the Order in
Council, order or directions.
(2) Any document purporting to be an
order, notice or direction made or given by the Lieutenant-Governor or the
Committee for the purposes of the Immigration Acts and to be signed by him or
on his behalf or, as the case may be, on behalf of the Committee, and any
document purporting to be a certificate of the Lieutenant-Governor or the
Committee so given and to be signed by him or, as the case may be, on behalf of
the Committee, shall be received in evidence, and shall, until the contrary is
proved, be deemed to be made or issued by him or, as the case may be, by the
Committee.
(3) Prima facie evidence of any such
order, notice, direction or certificate as aforesaid may, in any legal
proceedings, be given by the production of a document bearing a certificate
purporting to be signed by or on behalf of the Lieutenant-Governor or the
Committee and stating that the document is a true copy of the order, notice,
direction or certificate.
(4) Where an order under section 8(2)
above applies to persons specified in a schedule to the order, or any
directions of the Lieutenant-Governor or the Committee given for the purposes
of the Immigration Acts apply to persons specified in a schedule to the
directions, prima facie evidence of the provisions of the order or directions
other than the schedule and of any entry contained in the schedule may, in any
legal proceedings, be given by the production of a document purporting to be
signed by or on behalf of the Lieutenant-Governor or the Committee and stating
that the document is a true copy of the said provisions and of the relevant
entry.
[FN3] In
relation to Guernsey:
32.-- General provisions as to Orders in
Council, etc.
(1) Any power conferred by Part I of
this Act to make an Order in Council or order (other than a deportation order)
or to give any directions includes power to revoke or vary the Order in
Council, order or directions.
(2) Any document purporting to be an
order, notice or direction made or given by the Lieutenant-Governor or the
Board for the purposes of the Immigration Acts and to be signed by him or on
his behalf or, as the case may be, on behalf of the Board, and any document
purporting to be a certificate of the Lieutenant-Governor or the Board so given
and to be signed by him or, as the case may be, on behalf of the Board, shall
be received in evidence, and shall, until the contrary is proved, be deemed to
be made or issued by him or, as the case may be, by the Board.
(3) Prima facie evidence of any such
order, notice, direction or certificate as aforesaid may, in any legal
proceedings, be given by the production of a document bearing a certificate
purporting to be signed by or on behalf of the Lieutenant-Governor or the Board
and stating that the document is a true copy of the order, notice, direction or
certificate.
(4) Where an order under section 8(2)
above applies to persons specified in a schedule to the order, or any
directions of the Lieutenant-Governor or the Board given for the purposes of
the Immigration Acts apply to persons specified in a schedule to the
directions, prima facie evidence of the provisions of the order or directions
other than the schedule and of any entry contained in the schedule may, in any
legal proceedings, be given by the production of a document purporting to be
signed by or on behalf of the Lieutenant-Governor or the Board and stating that
the document is a true copy of the said provisions and of the relevant entry.
[FN4]
substituted by Nationality, Immigration and Asylum
Act (2002 c.41), Pt 8 s 158 (3)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 32
UK ST 1971 c 77 Pt IV s 32
s
33 Interpretation.
(1) For purposes of this Act, except in
so far as the context otherwise requires--
"aircraft"includes hovercraft,
"captain" means
master (of a ship) or commander (of an aircraft);
"certificate of
entitlement" means such a certificate as is referred to in section 3(9)
above;
"Convention
adoption" has the same meaning as in the Adoption Act 1976 and the
Adoption (Scotland) Act 1978;
"crew", in
relation to a ship or aircraft, means all persons actually employed in the
working or service of the ship or aircraft, including the captain, and in
relation to a through train or a shuttle train, means all persons on the train
who are actually employed in its service or working, including the train
manager, and"member of the crew"shall be construed accordingly;
"entrant" means a person entering or seeking
to enter the Bailiwick of Guernsey and "illegal entrant" means a
person--
(a)
unlawfully entering or seeking to enter in breach of a deportation order or of
the immigration laws, or
(b)
entering or seeking to enter by means which include deception by another
person,
and
includes also a person who has entered as mentioned in paragraph (a) or (b)
above;
"entry clearance"
means a visa, entry certificate or other document which, in accordance with the
immigration rules, is to be taken as evidence or the requisite evidence of a
person's eligibility, though not a British citizen, for entry into the United
Kingdom (but does not include a work permit);
"immigration
laws" means this Act and any law for purposes similar to this Act 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;
"immigration rules" means the rules for the time being laid
down as mentioned in section 3(2) above;
"the Islands"
means the Channel Islands and the Isle of Man, and "the United Kingdom and
Islands" means the United Kingdom and the Islands taken together;
"legally adopted"
means adopted in pursuance of an order made by any court in the United Kingdom
and Islands[, under a Convention adoption] [FN1]
or by any adoption specified as an overseas adoption by order of the Secretary
of State under section 4 of the Adoption Act 1968; [FN2]
"limited leave"
and "indefinite leave" means respectively leave under this Act to
enter or remain in the United Kingdom which is, and one which is not, limited
as to duration;
"settled"shall be
construed in accordance with subsection (2A) below;
"ship"includes
every description of vessel used in navigation;
"United Kingdom
passport" means a current passport issued by the Government of the United
Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the
Government of any territory which is for the time being a British overseas
territory within the meaning of the British Nationality Act 1981;
"work permit"
means a permit indicating, in accordance with the immigration rules, that a person
named in it is eligible, though not a British citizen, for entry into the
United Kingdom for the purpose of taking employment.
(1A) A reference to being an owner of a
vehicle, ship or aircraft includes a reference to being any of a number of
persons who jointly own it.
(2) It is hereby declared that, except
as otherwise provided in this Act, a person is not to be treated for the
purposes of any provision of this Act as ordinarily resident in the United
Kingdom or in any of the Islands at a time when he is there in breach of the
immigration laws.
(2A) Subject to
section 8(5) above, references to a person being settled in the United
Kingdom are references to his being ordinarily resident there without being
subject under the immigration laws to any restriction on the period for which
he may remain.
(3) The international stations for
purposes of this Act shall be such railway stations as may from time to time be
designated by order of the Secretary of State, and the ports of exit for
purposes of any Order in Council under section 3(7)
above, shall be such ports as may from time to time be designated for the
purpose by order of the Secretary of State made by statutory instrument.
(4) For the purposes
of this Act, the question of whether an appeal is pending shall be determined
in accordance with section 104 of the Nationality, Immigration and Asylum Act
2002 (pending appeals)
(5) This Act shall not be taken to
supersede or impair any power exercisable by Her Majesty in relation to aliens
by virtue of Her prerogative. [FN4] [FN6] [FN8]
[FN1]
words inserted by Adoption (Intercountry Aspects) Act
(1999 c.18), Sch 2 Para 2 (b)
[FN2] In
relation to England and Wales:
"legally adopted" means
adopted in pursuance of an order made by any court in the United Kingdom and
Islands[, under a Convention adoption] [FN3] or
by any adoption specified as an overseas adoption by order of the Secretary of
State under section 72(2) of the Adoption Act 1976;
[FN3]
words inserted by Adoption (Intercountry Aspects) Act
(1999 c.18), Sch 2 Para 2 (b)
[FN4] In
relation to the Isle of Man:
33.-- Interpretation.
(1) For purposes of this Act, except in
so far as the context otherwise requires--
"aircraft"includes hovercraft,
"captain" means master (of a
ship) or commander (of an aircraft);
"certificate of entitlement"
means such a certificate as is referred to in section 3(9) above;
"constable" means any officer
or member of the Isle of Man Constabulary, and "chief constable" shall be construed accordingly;,
"Concessionaires"has the same
meaning as in the Channel Tunnel Act 1987;
"crew", in relation to a ship
or aircraft, means all persons actually employed in the working or service of
the ship or aircraft, including the captain, and in relation to a through train
or a shuttle train, means all persons on the train who are actually employed in
its service or working, including the train manager, and"member of the
crew"shall be construed accordingly;
"entrant" means a person
entering or seeking to enter the Isle of Man, and "illegal entrant" means a person unlawfully
entering or seeking to enter in breach of a deportation order or of the
immigration laws, and includes also a person who has so entered;
"entry clearance" means a
document which, in accordance with the immigration rules, is to be taken as
evidence or the requisite evidence of a person's eligibility, though not a
British citizen, for entry into the Isle of Man (but does not include a work
permit);
"immigration laws" means this
Act and any law for purposes similar to this Act 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;
"immigration rules" means the
rules for the time being laid down as mentioned in section 3(2) above;
"the Islands" means the
Channel Islands and the Isle of Man, and "the United Kingdom and
Islands" means the United Kingdom and the Islands taken together;
"legally adopted" means
adopted in pursuance of an order made by any court in the United Kingdom and
Islands[, under a Convention adoption] [FN5] or
by any adoption specified as an overseas adoption by order of the Secretary of
State under section 4 of the Adoption Act 1968;
"Lieutenant-Governor" means
the Lieutenant-Governor of the Isle of Man and includes a deputy or acting
Governor or Lieutenant-Governor;
"limited leave" and
"indefinite leave" means respectively leave under this Act to enter
or remain in the Isle of Man which is, and one which is not, limited as to
duration;
"settled"shall be construed in
accordance with subsection (2A) below;
"ship"includes every
description of vessel used in navigation;
"tunnel system"has the same
meaning as in the Channel Tunnel Act 1987;
"United Kingdom passport"
means a current passport issued by the Government of the United Kingdom, or by
the Lieutenant-Governor of any of the Islands, or by the Government of any
territory which is for the time being a British overseas territory within the
meaning of the British Nationality Act 1981;
"work permit" means a permit
indicating, in accordance with the immigration rules, that a person named in it
is eligible, though not a British citizen, for entry into the Isle of Man for
the purpose of taking employment.
(1A) A reference to being an owner of a
vehicle, ship or aircraft includes a reference to being any of a number of
persons who jointly own it.
(2) It is hereby declared that, except
as otherwise provided in this Act, a person is not to be treated for the
purposes of any provision of this Act as ordinarily resident in the United
Kingdom or in any of the Islands at a time when he is there in breach of the
immigration laws.
(2A) Subject to section 8(5) above,
references to a person being settled in the Isle of Man are references to his
being ordinarily resident there without being subject under the immigration
laws to any restriction on the period for which he may remain.
(3) The ports of entry for purposes of
this Act, and the ports of exit for purposes of any Order in Council under
section 3(7) above, shall be such ports as may from time to time be designated
for the purpose by order of the Lieutenant-Governor.
(5) This Act shall not be taken to
supersede or impair any power exercisable by Her Majesty in relation to aliens
by virtue of Her prerogative.
[FN5]
words inserted by Adoption (Intercountry Aspects) Act
(1999 c.18), Sch 2 Para 2 (b)
[FN6] In
relation to Jersey:
33.-- Interpretation.
(1) For purposes of this Act, except in
so far as the context otherwise requires--
"aircraft"includes hovercraft,
"captain" means master (of a
ship) or commander (of an aircraft);
"certificate of entitlement"
means such a certificate as is referred to in section 3(9) above;
"Committee" means the Defence
Committee of the States;
"crew", in relation to a ship
or aircraft, means all persons actually employed in the working or service of
the ship or aircraft, including the captain, and in relation to a through train
or a shuttle train, means all persons on the train who are actually employed in
its service or working, including the train manager, and"member of the
crew"shall be construed accordingly;
"entrant" means a person
entering or seeking to enter the Bailiwick of Jersey, and "illegal
entrant" means a person unlawfully entering or seeking to enter in breach
of a deportation order or of the immigration laws, and includes also a person
who has so entered;
"entry clearance" means a
visa, entry certificate or other document which, in accordance with the
immigration rules, is to be taken as evidence or the requisite evidence of a
person's eligibility, though not a British citizen, for entry into the
Bailiwick of Jersey (but does not include a work permit);
"immigration laws" means this
Act and any law for purposes similar to this Act 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;
"the Islands" means the
Channel Islands and the Isle of Man, and "the United Kingdom and
Islands" means the United Kingdom and the Islands taken together;
"legally adopted" means
adopted in pursuance of an order made by a court in the United Kingdom and
Islands[, under a Convention adoption] [FN7];
"Lieutenant-Governor" means
the person for the time being holding the office of Lieutenant-Governor and
Commander-in-Chief of the Island of Jersey and its Dependencies;
"limited leave" and
"indefinite leave" means respectively leave under this Act to enter
or remain in the Bailiwick of Jersey which is, and one which is not, limited as
to duration;
"settled"shall be construed in
accordance with subsection (2A) below;
"ship"includes every
description of vessel used in navigation;
"States" means the States of
Jersey;
"United Kingdom passport"
means a current passport issued by the Government of the United Kingdom, or by
the Lieutenant-Governor of any of the Islands, or by the Government of any
territory which is for the time being a British overseas territory within the
meaning of the British Nationality Act 1981;
"work permit" means a permit
issued by the Committee to a specific employer in respect of a specific post;
(1A) A reference to being an owner of a
vehicle, ship or aircraft includes a reference to being any of a number of
persons who jointly own it.
(2) It is hereby declared that, except
as otherwise provided in this Act, a person is not to be treated for the
purposes of any provision of this Act as ordinarily resident in the United
Kingdom or in any of the Islands at a time when he is there in breach of the
immigration laws.
(2A) Subject to section 8(5) above,
references to a person being settled in the Bailiwick of Jersey are references
to his being ordinarily resident there without being subject under the
immigration laws to any restriction on the period for which he may remain.
(3) The ports of entry for the purposes
of this Act and the ports of exit for the purposes of any Order in Council made
under section 3(7) above shall be the approved ports set out in the Schedule to
the Loi (1937) sur les Etrangers or such places as the States may by Act
designate.
(5) This Act shall not be taken to
supersede or impair any power exercisable by Her Majesty in relation to aliens
by virtue of Her prerogative.
[FN7]
words inserted by Adoption (Intercountry Aspects) Act
(1999 c.18), Sch 2 Para 2 (b)
[FN8] In
relation to Guernsey:
33.-- Interpretation.
(1) For purposes of this Act, except in
so far as the context otherwise requires--
"aircraft"includes hovercraft,
"Board" means the States Board
of Administration;
"captain" means master (of a
ship) or commander (of an aircraft);
"certificate of entitlement"
means such a certificate as is referred to in section 3(9) above;
"crew", in relation to a ship
or aircraft, means all persons actually employed in the working or service of
the ship or aircraft, including the captain, and in relation to a through train
or a shuttle train, means all persons on the train who are actually employed in
its service or working, including the train manager, and"member of the
crew"shall be construed accordingly;
"entrant" means a person
entering or seeking to enter the Bailiwick of Guernsey, and "illegal
entrant" means a person unlawfully entering or seeking to enter in breach
of a deportation order or of the immigration laws, and includes also a person
who has so entered;
"entry clearance" means a
visa, entry certificate or other document which, in accordance with the
immigration rules, is to be taken as evidence or the requisite evidence of a
person's eligibility, though not a British citizen, for entry into the
Bailiwick of Guernsey (but does not include a work permit);
"immigration laws" means this
Act and any law for purposes similar to this Act 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;
"immigration rules" means the
rules made in pursuance of section 3(2) above and for the time being in force;
"the Islands" means the
Channel Islands and the Isle of Man, and "the United Kingdom and
Islands" means the United Kingdom and the Islands taken together;
"legally adopted" means
adopted in pursuance of an order made by any court in the United Kingdom and
Islands[, under a Convention adoption] [FN9] or
by any adoption specified as an overseas adoption by Ordinance of the States
under section 5 of the Adoption (Guernsey) Law 1970;
"Lieutenant-Governor" means
the person for the time being holding the office of Lieutenant-Governor and
Commander-in-Chief of the Island of Guernsey and its Dependencies;
"limited leave" and
"indefinite leave" means respectively leave under this Act to enter
or remain in the Bailiwick of Guernsey which is, and one which is not, limited
as to duration;
"police officer" means--
(a) in relation to Guernsey, Herm and
Jethou, a member of the salaried police force of the Island of Guernsey and,
within the limit of his jurisdiction, a member of the special constabulary of
the Island of Guernsey;
(b) in relation to Alderney, a member of
the said police force and a member of any police force which may be established
by the States of Alderney; and
(c) in relation to Sark, the Constable,
the Vingtenier and a member of the said police force of the Island of Guernsey;
"settled"shall be construed in
accordance with subsection (2A) below;
"ship"includes every
description of vessel used in navigation;
"States" means the States of
Guernsey;
"United Kingdom passport"
means a current passport issued by the Government of the United Kingdom, or by the
Lieutenant-Governor of any of the Islands, or by the Government of any
territory which is for the time being a British overseas territory within the
meaning of the British Nationality Act 1981;
"work permit" means a permit
issued by the Board to a specific employer in respect of a specific post, upon
payment of such fee as may be prescribed by order of the Board, indicating that
a person named in it is eligible, though not a British citizen, for entry into
the Bailiwick of Guernsey for the purpose of taking employment;
(1A) A reference to being an owner of a
vehicle, ship or aircraft includes a reference to being any of a number of
persons who jointly own it.
(2) It is hereby declared that, except
as otherwise provided in this Act, a person is not to be treated for the
purposes of any provision of this Act as ordinarily resident in the United
Kingdom or in any of the Islands at a time when he is there in breach of the
immigration laws.
(2A) Subject to section 8(5) above,
references to a person being settled in the Bailiwick of Guernsey are
references to his being ordinarily resident there without being subject under
the immigration laws to any restriction on the period for which he may remain.
(3) The ports of entry for purposes of
this Act, and the ports of exit for purposes of any Order in Council under
section 3(7) above, shall be such ports as may from time to time be designated
for the purpose by order of the Lieutenant-Governor.
(5) This Act shall not be taken to
supersede or impair any power exercisable by Her Majesty in relation to aliens
by virtue of Her prerogative.
[FN9]
words inserted by Adoption (Intercountry Aspects) Act
(1999 c.18), Sch 2 Para 2 (b)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 33
UK ST 1971 c 77 Pt IV s 33
s
34 Repeal, transitional and temporary.
(1) Subject to the following provisions
of this section, the enactments mentioned in Schedule 6 to this Act are hereby
repealed, as from the coming into force of this Act, to the extent mentioned in
column 3 of the Schedule; and--
(a) this Act, as from its coming into
force, shall apply in relation to entrants or others arriving in the United
Kingdom at whatever date before or after it comes into force; and
(b) after this Act comes into force
anything done under or for the purposes of the former immigration laws shall have effect, in
so far as any corresponding action could be taken under or for the purposes of
this Act, as if done by way of action so taken, and in relation to anything so
done this Act shall apply accordingly.
(2) Without prejudice to the generality
of subsection (1)(a) and (b) above, a person refused leave to land by virtue of
the Aliens Restriction Act 1914 shall be treated as having been refused leave
to enter under this Act, and a person given leave to land by virtue of that Act
shall be treated as having been given leave to enter under this Act; and
similarly with the Commonwealth Immigrants Acts 1962 and 1968.
(3) A person treated in accordance with
subsection (2) above as having leave to enter the United Kingdom--
(a) shall be treated as having an
indefinite leave, if he is not at the coming into force of this Act subject to
a condition limiting his stay in the United Kingdom; and
(b) shall be treated, if he is then
subject to such a condition, as having a limited leave of such duration, and
subject to such conditions (capable of being attached to leave under this Act),
as correspond to the conditions to which he is then subject, but not to
conditions not capable of being so attached.
This subsection shall have effect in
relation to any restriction or requirement imposed by Order in Council under
the Aliens Restriction Act 1914 as if it had been imposed by way of a landing condition.
(4) Notwithstanding anything in the
foregoing provisions of this Act, the former immigrant laws shall continue to
apply, and this Act shall not apply,--
(a) in relation to the making of
deportation orders and matters connected therewith in any case where a decision
to make the order has been notified to the person concerned before the coming
into force of this Act;
(b) in relation to removal from the
United Kingdom and matters connected therewith (including detention pending
removal or pending the giving of directions for removal) in any case where a
person is to be removed in pursuance of a decision taken before the coming into
force of this Act or in pursuance of a deportation order to the making of which
paragraph (a) above applies;
(c) in relation to appeals against any
decision taken or other thing done under the former laws, whether taken or done
before the coming into force of this Act or by virtue of this subsection.
(5) Subsection (1) above shall not be
taken as empowering a court on appeal to recommend for deportation a person
whom the court below could not recommend for deportation, or as affecting any
right of appeal in respect of a recommendation for deportation made before this
Act comes into force, or as enabling a notice given before this Act comes into
force and not complying with section 6(2) to
take the place of the notice required by section 6(2)
to be given before a person is recommended for deportation.
[...] [FN1]
[FN1]
repealed by Statute Law (Repeals) Act (1993 c.50),
Sch 1 (XVI) Para 1
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 34
UK ST 1971 c 77 Pt IV s 34
s
35 Commencement, and interim provisions.
(1) Except as otherwise provided by this
Act, Parts I to III of this Act shall come into force on such day as the
Secretary of State may appoint by order made by statutory instrument; and
references to the coming into force of this Act shall be construed as
references to the beginning of the day so appointed.
(2) Section 25
above, except section 25(2), and section 28 in its application to offences under section 25(1) shall come into force at the end of
one month beginning with the date this Act is passed.
(3) [...] [FN1]
(4) [...] [FN2]
(5) [...] [FN3]
Notes:
Act amended by Immigration Act 1988
(c.14), s. 7(3)
1.1.1973 appointed under s. 35(1) by S.I. 1972/1514
[FN1]
Repealed by Statute Law (Repeals) Act 1986 (c.12), s. 1(1), Sch. 1 Pt. XIII
[FN2]
Repealed by Statute Law (Repeals) Act 1986 (c.12), s. 1(1), Sch. 1 Pt. XIII
[FN3]
Repealed by Statute Law (Repeals) Act 1986 (c.12), s. 1(1), Sch. 1 Pt. XIII
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 35
UK ST 1971 c 77 Pt IV s 35
s
36 Power to extend to Islands.
Her Majesty may by Order in Council
direct that any of the provisions of this Act shall extend, with such
exceptions, adaptations and modifications, if any, as may be specified in the
Order, to any of the Islands; and any Order in Council under this subsection
may be varied or revoked by a further Order in Council.
Notes:
Act amended by Immigration Act 1988
(c.14), s. 7(3)
S. 36 extended by British Nationality Act 1981 (c. 61), s. 53(5)(7); S.36 applied by
Immigration (Carriers' Liability)
Act 1987 (c.24), s. 2(3) and by Immigration Act 1988 (c.14), s. 12(5)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 36
UK ST 1971 c 77 Pt IV s 36
s
37 Short title and extent.
(1) This Act may be cited as the
Immigration Act 1971.
(2) It is hereby declared that this Act
extends to Northern Ireland, and
(without prejudice to any provision of Schedule 1 to this Act as to the
extent of that Schedule) where an enactment repealed by this Act extends
outside the United Kingdom, the repeal shall be of like extent. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
37.-- Short title and extent.
(1) This Act may be cited as the
Immigration Act 1971.
[FN2] In
relation to Jersey: section 37:(2) is repealed.
[FN3] In
relation to Guernsey: section 37:(2) is repealed.
[FN4]
repealed by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (I) Para 19
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt IV s 37
UK ST 1971 c 77 Pt IV s 37
Para
1
(1) Immigration officers for the
purposes of this Act shall be appointed by the Secretary of State, and he may
arrange with the Commissioners of Customs and Excise for the employment of officers
of customs and excise as immigration officers under this Act.
(2) Medical inspectors for the purposes
of this Act may be appointed by the Secretary of State or, in Northern Ireland,
by the Minister of Health and Social Services or other appropriate Minister of
the Government of Northern Ireland in pursuance of arrangements made between
that Minister and the Secretary of State, and shall be fully qualified medical
practitioners.
(3) In the exercise of their functions
under this Act immigration officers shall act in accordance with such
instructions (not inconsistent with the immigration rules) as may be given them
by the Secretary of State, and medical inspectors shall act in accordance with
such instructions as may be given them by the Secretary of State or, in
Northern Ireland, as may be given in pursuance of the arrangements mentioned in
sub-paragraph (2) above by the Minister making appointments of medical
inspectors in Northern Ireland.
(4) An immigration officer or medical
inspector may board any through train or shuttle train for the purpose of
exercising his functions under this Act.
(5) An immigration
officer, for the purpose of satisfying himself whether there are persons he may
wish to examine under paragraph 2 below, may search any through train or
shuttle train and anything on board it, or any vehicle [which-] [FN1]
[
(a) is in a control zone in France
within the tunnel system, or
(b) has arrived in, or is seeking to
leave, the United Kingdom through the tunnel system. [FN2]
[FN3] [FN4]
] [FN5]
[FN1]
words substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (b)
[FN2] In
relation to the Isle of Man:
1.--
(1) Immigration officers for the
purposes of this Act shall be appointed by the Lieutenant-Governor.
(2) Medical inspectors for the purposes
of this Act may be appointed by the Isle of Man Department of Health and Social
Security in pursuance of arrangements made between that Department and the
Lieutenant-Governor, and shall be fully qualified medical practitioners.
(3) In the exercise of their functions
under this Act immigration officers shall act in accordance with such
instructions (not inconsistent with the immigration rules) as may be given them
by the Lieutenant-Governor, and medical inspectors shall act in accordance with
such instructions as may be given them by the Isle of Man Department of Health
and Social Security in pursuance of arrangements made between that Department
and the Lieutenant-Governor.
(4) An immigration officer or medical
inspector may board any through train or shuttle train for the purpose of
exercising his functions under this Act.
(5) An immigration
officer, for the purpose of satisfying himself whether there are persons he may
wish to examine under paragraph 2 below, may search any through train or
shuttle train and anything on board it, or any vehicle which-
(a) is in a control zone in France
within the tunnel system, or
(b) has arrived in, or is seeking to
leave, the United Kingdom through the tunnel system.
[FN3] In
relation to Jersey:
1.--
(1) Immigration officers for the
purposes of this Act shall be appointed by the Committee with the concurrence
of the Lieutenant-Governor and, with such concurrence, the Committee may
arrange for the employment of officers of customs as immigration officers under
this Act; and aliens officers appointed in pursuance of the Loi (1937) sur les
Etrangers shall be deemed to have been duly appointed immigration officers
under this paragraph for the purposes of this Act.
(2) The medical officer of health and
his deputy shall be medical inspectors for the purposes of this Act.
(3) In the exercise of their functions
under this Act, immigration officers shall act in accordance with such
directions as may be given them--
(a) by the Lieutenant-Governor, as
respects the entry of persons into the Bailiwick, the period for which such
persons may remain and matters incidental thereto;
(b) by the Committee as respects any
other matters;
and medical officers shall act in
accordance with such instructions as may be given them by the Committee.
(4) An immigration officer or medical
inspector may board any through train or shuttle train for the purpose of
exercising his functions under this Act.
(5) An immigration
officer, for the purpose of satisfying himself whether there are persons he may
wish to examine under paragraph 2 below, may search any through train or
shuttle train and anything on board it, or any vehicle which-
(a) is in a control zone in France
within the tunnel system, or
(b) has arrived in, or is seeking to
leave, the United Kingdom through the tunnel system.
[FN4] In
relation to Guernsey:
1.--
(1) Immigration officers for the
purposes of this Act shall be appointed by the States Civil Service Board with
the concurrence of the Lieutenant-Governor and, with such concurrence, that
Board may arrange for the employment of officers of customs as immigration
officers under this Act.
(2) Medical inspectors for the purposes
of this Act may be appointed by the States Civil Service Board with the
concurrence of the Lieutenant-Governor and shall be fully qualified medical
practitioners.
(3) In the exercise of their functions
under this Act, immigration officers shall act in accordance with such
directions as may be given them--
(a) by the Lieutenant-Governor, as
respects the entry of persons into the Bailiwick and the period for which such
persons may remain;
(b) by the Board, as respects any other
matters;
and medical officers shall act in
accordance with such instructions as may be given them by the States Board of
Health.
(4) An immigration officer or medical
inspector may board any through train or shuttle train for the purpose of
exercising his functions under this Act.
(5) An immigration officer, for the purpose of satisfying himself whether
there are persons he may wish to examine under paragraph 2 below, may
search any through train or shuttle train and anything on board it, or any
vehicle which-
(a) is in a control zone in France
within the tunnel system, or
(b) has arrived in, or is seeking to
leave, the United Kingdom through the tunnel system.
[FN5]
words substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (b)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 1
UK ST 1971 c 77 Sch 2 (I) Para 1
Para
2
(1) An immigration officer may examine
any persons who have arrived, or who are seeking to arrive, in the United
Kingdom through the tunnel system for the purpose of determining--
(a) whether any of them is or is not a
British citizen; and
(b) whether, if he is not, he may or
may not enter the United Kingdom without leave; and
(c) whether, if he may not--
(i) he has been given leave
which is still in force,
(ii) he should be given
leave and for what period or on what conditions (if any), or
(iii) he should be refused
leave.
(1A) The power conferred by sub-paragraph
(1) is exercisable-
(a) as respects persons who have
arrived in the United Kingdom, in a control area, and
(b) as respects persons seeking to
arrive in the United Kingdom (who may first be questioned to ascertain whether
they are seeking to do so), in a control zone in France or Belgium.
(2) Any such person, if he is seeking to
enter the United Kingdom, may be examined also by a medical inspector or by any
qualified person carrying out a test or examination required by a medical
inspector.
(3) A person, on being examined under
this paragraph by an immigration officer or medical inspector, may be required
in writing by him to submit to further examination (or, if examined by an
immigration officer in a supplementary control zone, may be required to submit
to a [further examination before or after arrival] [FN1]
in the United Kingdom); but a requirement under this sub-paragraph shall not
prevent a person who arrives as a transit passenger, or as a member of the crew
of a through train or shuttle train, or for the purpose of joining a ship or
aircraft or a shuttle train or through train as a member of the crew, from
leaving by his intended ship or aircraft or train. [FN2]
[FN4] [FN6]
[FN1]
words substituted by SI 1993/1813 (Channel Tunnel (International
Arrangements) Order), Sch 4 Para 1
[FN2] In
relation to the Isle of Man:
2.--
(1) An immigration officer may examine
any persons who have arrived in the Isle of Man by ship or aircraft (including
transit passengers, members of the crew and others not seeking to enter the
Isle of Man) for the purpose of determining--
(a) whether any of them is or is not a
British citizen; and
(b) whether, if he is not, he may or may
not enter the Isle of Man without leave; and
(c) whether, if he may not--
(i) he has been given leave which is
still in force,
(ii) he should be given leave and for
what period or on what conditions (if any), or
(iii) he should be refused leave.
(2) Any such person, if he is seeking to
enter the Isle of Man, may be examined also by a medical inspector or by any
qualified person carrying out a test or examination required by a medical
inspector.
(3) A person, on being examined under
this paragraph by an immigration officer or medical inspector, may be required
in writing by him to submit to further examination (or, if examined by an
immigration officer in a supplementary control zone, may be required to submit
to a [further examination before or after arrival] [FN3]
in the United Kingdom); but a requirement under this sub-paragraph shall not
prevent a person who arrives as a transit passenger, or as a member of the crew
of a through train or shuttle train, or for the purpose of joining a ship or
aircraft or a shuttle train or through train as a member of the crew, from
leaving by his intended ship or aircraft or train.
[FN3]
words substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1
[FN4] In
relation to Jersey:
2.--
(1) An immigration officer may examine
any persons who have arrived in the Bailiwick of Jersey by ship or aircraft
(including transit passengers, members of the crew and others not seeking to
enter the Bailiwick of Jersey) for the purpose of determining--
(a) whether any of them is or is not a
British citizen; and
(b) whether, if he is not, he may or may
not enter the Bailiwick of Jersey without leave; and
(c) whether, if he may not--
(i) he has been given leave which is
still in force,
(ii) he should be given leave and for
what period or on what conditions (if any), or
(iii) he should be refused leave.
(2) Any such person, if he is seeking to
enter the Bailiwick of Jersey, may be examined also by a medical inspector or
by any qualified person carrying out a test or examination required by a
medical inspector.
(3) A person, on being examined under
this paragraph by an immigration officer or medical inspector, may be required
in writing by him to submit to further examination (or, if examined by an
immigration officer in a supplementary control zone, may be required to submit
to a [further examination before or after arrival] [FN5]
in the United Kingdom); but a requirement under this sub-paragraph shall not
prevent a person who arrives as a transit passenger, or as a member of the crew
of a through train or shuttle train, or for the purpose of joining a ship or
aircraft or a shuttle train or through train as a member of the crew, from
leaving by his intended ship or aircraft or train.
[FN5]
words substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1
[FN6] In
relation to Guernsey:
2.--
(1) An immigration officer may examine
any persons who have arrived in the Bailiwick of Guernsey by ship or aircraft
(including transit passengers, members of the crew and others not seeking to
enter the Bailiwick of Guernsey) for the purpose of determining--
(a) whether any of them is or is not a
British citizen; and
(b) whether, if he is not, he may or may
not enter the Bailiwick of Guernsey without leave; and
(c) whether, if he may not--
(i) he has been given leave which is
still in force,
(ii) he should be given leave and for
what period or on what conditions (if any), or
(iii) he should be refused leave.
(2) Any such person, if he is seeking to
enter the Bailiwick of Guernsey, may be examined also by a medical inspector or
by any qualified person carrying out a test or examination required by a
medical inspector.
(3) A person, on being examined under
this paragraph by an immigration officer or medical inspector, may be required
in writing by him to submit to further examination (or, if examined by an
immigration officer in a supplementary control zone, may be required to submit
to a [further examination before or after arrival] [FN7]
in the United Kingdom); but a requirement under this sub-paragraph shall not
prevent a person who arrives as a transit passenger, or as a member of the crew
of a through train or shuttle train, or for the purpose of joining a ship or
aircraft or a shuttle train or through train as a member of the crew, from
leaving by his intended ship or aircraft or train.
[FN7]
words substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 2
UK ST 1971 c 77 Sch 2 (I) Para 2
Para
2A Examination of persons who arrive with continuing leave
(1) This paragraph applies to a person
who has arrived in the United Kingdom with leave to enter which is in force but
which was given to him before his arrival.
(1A) This paragraph also applies to a
person who seeks to arrive in the United Kingdom and who is in a control zone
in France or Belgium, or in a supplementary control zone in France.
(2) He may be examined by an immigration
officer for the purpose of establishing--
(a) whether there has been such a
change in the circumstances of his case, since that leave was given, that it
should be cancelled;
(b) whether that leave was obtained as
a result of false information given by him or his failure to disclose material
facts; or
(c) whether there are medical grounds
on which that leave should be cancelled.
(3) He may also be examined by an
immigration officer for the purpose of determining whether it would be
conductive to the public good for that leave to be cancelled.
(4) He may also be examined by a medical
inspector or by any qualified person carrying out a test or examination
required by a medical inspector.
(5) A person examined under this
paragraph may be required by the officer or inspector to submit to further
examination.
(5A) A person examined by an immigration
officer under this paragraph in a supplementary control zone may be required to
submit to a further examination before or after arrival in the United Kingdom.
(6) A requirement under sub-paragraph
(5) does not prevent a person who arrives--
(a) as a transit passenger,
(b) as a member of the crew of a
through train or shuttle train, or
(c) for the purpose of joining a ship
or aircraft or a shuttle train or through train as a member of the crew,
from leaving by his intended ship or
aircraft or train.
(7) An immigration officer examining a
person under this paragraph may by notice suspend his leave to enter until the
examination is completed.
(8) An immigration officer may, on the
completion of any examination of a person under this paragraph, cancel his
leave to enter.
(9) Cancellation of a person's leave
under sub-paragraph (8) is to be treated for the purposes of this Act and [Part
5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum
appeals)] [FN1] as if he had been refused leave
to enter at a time when he had a current entry clearance
(10) A requirement imposed under
sub-paragraph (5) and a notice given under sub-paragraph (7) must be in
writing.
[FN1]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 7 Para 2
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF ST 1971 c 77 Sch 2 (I) Para 2A
UK ST 1971 c 77 Sch 2 (I) Para 2A
Para
3
(1) An immigration officer may examine
any person who is leaving or seeking to leave the United Kingdom through the
tunnel system [...] [FN1]for the purpose of
determining whether he is a British citizen and, if he is not, for the purpose
of establishing his identity.
(2) So long as any
Order in Council is in force under section 3(7) of this Act, an immigration officer may
examine any person who is leaving or seeking to leave the United Kingdom
through the tunnel system [...] [FN2]for the
purpose of determining--
(a) whether any of the provisions of
the Order apply to him; and
(b) whether, if so, any power conferred
by the Order should be exercised in relation to him and in what way. [FN3] [FN6] [FN7]
[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
[FN3] In
relation to the Isle of Man:
3.--
(1) An immigration officer may examine
any person who is embarking or seeking to embark in the Isle of Man [...] [FN4]for the purpose of determining whether he is a
British citizen and, if he is not, for the purpose of establishing his
identity.
(2) So long as any
Order in Council is in force under section 3(7) of this Act, an immigration
officer may examine any person who is embarking or seeking to embark in the
Isle of Man
[...] [FN5]for the purpose of determining--
(a) whether any of the provisions of the
Order apply to him; and
(b) whether, if so, any power conferred
by the Order should be exercised in relation to him and in what way.
[FN4]
words repealed by SI 1993/1813 (Channel Tunnel (International
Arrangements) Order), Sch 6 (I) Para 1
[FN5]
words repealed by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 6 (I) Para 1
[FN6] In
relation to Jersey:
3.--
(1) An immigration officer may examine
any person who is embarking or seeking to embark in the Bailiwick of Jersey for
the purpose of determining whether he is a British citizen and, if he is not,
for the purpose of establishing his identity.
(2) So long as any Order in Council is
in force under section 3(7) of this Act, an
immigration officer may examine any person who is embarking or seeking to
embark in the Bailiwick of Jersey for the purpose of determining--
(a) whether any of the provisions of the
Order apply to him; and
(b) whether, if so, any power conferred
by the Order should be exercised in relation to him and in what way.
[FN7] In
relation to Guernsey:
3.--
(1) An immigration officer may examine
any person who is embarking or seeking to embark in the Bailiwick of Guernsey
for the purpose of determining whether he is a British citizen and, if he is
not, for the purpose of establishing his identity.
(2) So long as any Order in Council is
in force under section 3(7) of this Act, an
immigration officer may examine any person who is embarking or seeking to
embark in the Bailiwick of Guernsey for the purpose of determining--
(a) whether any of the provisions of the
Order apply to him; and
(b) whether, if so, any power conferred
by the Order should be exercised in relation to him and in what way.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF ST 1971 c 77 Sch 2 (I) Para 3
UK ST 1971 c 77 Sch 2 (I) Para 3
Para
4
(1) It shall be the duty of any person
examined under paragraph 2, 2A or 3 above to furnish
to the person carrying out the examination all such information in his
possession as that person may require for the purpose of his functions
under that paragraph.
(2) A person on his examination under paragraph 2, 2A or 3 above
by an immigration officer shall, if so required by the immigration
officer--
(a) produce either a valid passport
with photograph or some other document satisfactorily establishing his identity and
nationality or citizenship; and
(b) declare whether or not he is
carrying or conveying or has carried or conveyed, documents of any relevant
description specified by the immigration officer, and produce any documents of
that description which he is carrying or conveying.
In paragraph (b), "relevant
description" means any description appearing to the immigration officer to
be relevant for the purposes of the examination.
(2A) An immigration officer may detain
any passport or other document produced pursuant to sub-paragraph (2)(a) above
until the person concerned is given leave to enter the United Kingdom or is
about to depart or be removed following refusal of leave. [FN1] [FN2]
(3) Where under sub-paragraph (2)(b)
above a person has been required to declare whether or not he is carrying or
conveying, or has carried or conveyed, documents of any description,
(a) he and any baggage or vehicle
belonging to him or under his control; and
(b) any ship, aircraft or vehicle in
which he arrived in the United Kingdom,
may be searched with a view to
ascertaining whether he is doing or, as the case may be, has done so by the
immigration officer or a person acting under the directions of the officer:
Provided that no woman or girl shall be
searched except by a woman.
(4) An immigration officer may examine
any documents produced pursuant to sub- paragraph (2)(b) above or found on a
search under sub-paragraph (3), and may for that purpose detain them for any
period not exceeding seven days; and if on examination of any document so
produced or found the immigration officer is of the opinion that it may be
needed in connection with proceedings on [an appeal under the Nationality,
Immigration and Asylum Act 2002] [FN3] or for
an offence, he may detain it until he is satisfied that it will not be so
needed. [FN4] [FN5]
[FN6]
[FN1] In
relation to Jersey:
(2A) An immigration officer may detain
any passport or other document produced pursuant to sub-paragraph (2)(a) above
until the person concerned is given leave to enter the Bailiwick of Jersey or
is about to depart or be removed following refusal of leave.
[FN2] In
relation to Guernsey:
(2A) An immigration officer may detain
any passport or other document produced pursuant to sub-paragraph (2)(a) above
until the person concerned is given leave to enter the Bailiwick of Guernsey or
is about to depart or be removed following refusal of leave.
[FN3]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 7 Para 3
[FN4] In
relation to the Isle of Man:
4.--
(1) It shall be the duty of any person
examined under paragraph 2, 2A or 3 above to furnish to the person carrying out
the examination all such information in his possession as that person may
require for the purpose of his functions under that paragraph.
(2) A person on his examination under paragraph
2, 2A or 3 above by an immigration officer shall, if so required by the
immigration officer--
(a) produce either a valid passport with
photograph or some other document satisfactorily establishing his identity and
nationality or citizenship; and
(b) declare whether or not he is
carrying or conveying or has carried or conveyed, documents of any relevant
description specified by the immigration officer, and produce any documents of
that description which he is carrying or conveying.
In paragraph (b), "relevant
description" means any description appearing to the immigration officer to
be relevant for the purposes of the examination.
(2A) An immigration officer may detain
any passport or other document produced pursuant to sub-paragraph (2)(a) above
until the person concerned is given leave to enter the United Kingdom or is
about to depart or be removed following refusal of leave.
(3) Where under sub-paragraph (2)(b)
above a person has been required to declare whether or not he is carrying or
conveying, or has carried or conveyed, documents of any description, he and any
baggage belonging to him or under his control may be searched with a view to
ascertaining whether he is doing or, as the case may be, has done so by the
immigration officer or a person acting under the directions of the officer:
Provided that no woman or girl shall be
searched except by a woman.
(4) An immigration officer may examine
any documents produced pursuant to sub- paragraph (2)(b) above or found on a
search under sub-paragraph (3), and may for that purpose detain them for any
period not exceeding seven days; and if on examination of any document so
produced or found the immigration officer is of the opinion that it may be
needed in connection with proceedings for an offence, he may detain it until he
is satisfied that it will not be so needed.
[FN5] In
relation to Jersey:
(4) An immigration officer may examine
any documents produced pursuant to sub- paragraph (2)(b) above or found on a
search under sub-paragraph (3), and may for that purpose detain them for any
period not exceeding seven days; and if on examination of any document so
produced or found the immigration officer is of the opinion that it may be
needed in connection with proceedings for an offence, he may detain it until he
is satisfied that it will not be so needed.
[FN6] In
relation to Guernsey:
(4) An immigration officer may examine
any documents produced pursuant to sub- paragraph (2)(b) above or found on a
search under sub-paragraph (3), and may for that purpose detain them for any
period not exceeding seven days; and if on examination of any document so
produced or found the immigration officer is of the opinion that it may be
needed in connection with proceedings or for an offence, he may detain it until
he is satisfied that it will not be so needed.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 4
UK ST 1971 c 77 Sch 2 (I) Para 4
Para
5
The Secretary of State may by order made
by statutory instrument make provision for [requiring persons, or any class of
persons, arriving in or leaving, or seeking to arrive in or leave, the United
Kingdom through the tunnel system] [FN1], to
produce to an immigration officer, if so required, landing or embarkation cards
in such form as the Secretary of State may direct, and for requiring persons
operating international services to supply such cards to those persons. [FN2] [FN3] [FN4]
[FN1]
words substituted by SI 1993/1813 (Channel Tunnel (International
Arrangements) Order), Sch 4 Para 1 (11) (g) (i)
[FN2] In
relation to the Isle of Man:
5. The Lieutenant-Governor may by order
make provision for requiring passengers disembarking or embarking in the Isle
of Man, or any class of such passengers, to produce to an immigration officer,
if so required, landing or embarkation cards in such form as the
Lieutenant-Governor may direct, and for requiring persons operating
international services to supply such cards to those persons.
[FN3] In
relation to Jersey:
5. The Lieutenant-Governor may by
direction make provision for requiring passengers disembarking or embarking in
the Bailiwick of Jersey, or any class of such passengers, to produce to an
immigration officer, if so required, landing or embarkation cards in such form
as the Lieutenant-Governor may direct, and for requiring persons operating
international services to supply such cards to those persons.
[FN4] In
relation to Guernsey:
5. The Lieutenant-Governor may by order
make provision for requiring passengers disembarking or embarking in the
Bailiwick of Guernsey, or any class of such passengers, to produce to an
immigration officer, if so required, landing or embarkation cards in such form
as the Lieutenant-Governor may direct, and for requiring persons operating
international services to supply such cards to those persons.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 5
UK ST 1971 c 77 Sch 2 (I) Para 5
Para
6
(1) Subject to
sub-paragraph (3) below, where a person examined by an immigration officer
under paragraph 2 above is to be given a limited leave to enter the United
Kingdom or is to be refused leave, the notice giving or refusing leave shall be
given not later than twenty-four hours after the conclusion of his examination
(including any further examination) in pursuance of that paragraph; and if
notice giving or refusing leave is not given him before the end of those
twenty-four hours, he shall (if not a British citizen) be deemed to have been
given leave to enter the United Kingdom for a period of six months subject to a
condition prohibiting his taking employment and the immigration officer shall
as soon as may be give him written notice of that leave.
(2) Where on a
person's examination under paragraph 2 above he is given notice of leave to enter the United
Kingdom, then at any time before the end of twenty-four hours from the
conclusion of the examination he may be given a further notice in writing by an
immigration officer cancelling the earlier notice and refusing him leave to
enter.
(3) Where in accordance with this
paragraph a person is given notice refusing him leave to enter the United
Kingdom, that notice may at any time be cancelled by notice in writing given
him by an immigration officer; and where a person is given a notice of
cancellation under this sub-paragraph, and the immigration officer does not at
the same time give him indefinite or limited leave to enter [ or require him to
submit to further examination] [FN1], he shall
be deemed to have been given leave to enter for a period of six months subject
to a condition prohibiting his taking employment and the immigration officer
shall as soon as may be given him written notice of that leave.
(4) Where an entrant is a member of a
party in charge of a person appearing to the immigration officer to be a
responsible person, any notice to be given in relation to that entrant in
accordance with this paragraph shall be duly given if delivered to the person in
charge of the party. [FN2] [FN3] [FN4]
[FN1]
words inserted by Nationality, Immigration and Asylum
Act (2002 c.41), Pt 6 s 119
[FN2] In
relation to the Isle of Man:
6.--
(1) Subject to sub-paragraph (3) below,
where a person examined by an immigration officer under paragraph 2 above is to
be given a limited leave to enter the Isle of Man or is to be refused leave,
the notice giving or refusing leave shall be given not later than twenty-four
hours after the conclusion of his examination (including any further
examination) in pursuance of that paragraph; and if notice giving or refusing
leave is not given him before the end of those twenty-four hours, he shall (if
not a British citizen) be deemed to have been given leave to enter the Isle of
Man for a period of six months subject to a condition prohibiting his taking
employment and the immigration officer shall as soon as may be give him written
notice of that leave.
(2) Where on a person's examination
under paragraph 2 above he is given notice of leave to enter the Isle of Man,
then at any time before the end of twenty-four hours from the conclusion of the
examination he may be given a further notice in writing by an immigration
officer cancelling the earlier notice and refusing him leave to enter.
(3) Where in accordance with this
paragraph a person is given notice refusing him leave to enter the Isle of Man,
that notice may at any time be cancelled by notice in writing given him by an
immigration officer; and where a person is given a notice of cancellation under
this sub-paragraph, and the immigration officer does not at the same time give
him indefinite or limited leave to enter, he shall be deemed to have been given
leave to enter for a period of six months subject to a condition prohibiting
his taking employment and the immigration officer shall as soon as may be given
him written notice of that leave.
(4) Where an entrant is a member of a
party in charge of a person appearing to the immigration officer to be a
responsible person, any notice to be given in relation to that entrant in
accordance with this paragraph shall be duly given if delivered to the person
in charge of the party.
[FN3] In
relation to Jersey:
6.--
(1) Subject to sub-paragraph (3) below,
where a person examined by an immigration officer under paragraph 2 above is to
be given a limited leave to enter the Bailiwick of Jersey or is to be refused
leave, the notice giving or refusing leave shall be given not later than
twenty-four hours after the conclusion of his examination (including any
further examination) in pursuance of that paragraph; and if notice giving or
refusing leave is not given him before the end of those twenty-four hours, he
shall (if not a British citizen) be deemed to have been given leave to enter
the Bailiwick of Jersey for a period of six months subject to a condition
prohibiting his taking employment and the immigration officer shall as soon as
may be give him written notice of that leave.
(2) Where on a person's examination
under paragraph 2 above he is given notice of leave to enter the Bailiwick of
Jersey, then at any time before the end of twenty-four hours from the
conclusion of the examination he may be given a further notice in writing by an
immigration officer cancelling the earlier notice and refusing him leave to
enter.
(3) Where in accordance with this
paragraph a person is given notice refusing him leave to enter the Bailiwick of
Jersey, that notice may at any time be cancelled by notice in writing given him
by an immigration officer; and where a person is given a notice of cancellation
under this sub-paragraph, and the immigration officer does not at the same time
give him indefinite or limited leave to enter, he shall be deemed to have been
given leave to enter for a period of six months subject to a condition
prohibiting his taking employment and the immigration officer shall as soon as
may be given him written notice of that leave.
(4) Where an entrant is a member of a
party in charge of a person appearing to the immigration officer to be a
responsible person, any notice to be given in relation to that entrant in
accordance with this paragraph shall be duly given if delivered to the person
in charge of the party.
[FN4] In
relation to Guernsey:
6.--
(1) Subject to sub-paragraph (3) below,
where a person examined by an immigration officer under paragraph 2 above is to
be given a limited leave to enter the Bailiwick of Guernsey or is to be refused
leave, the notice giving or refusing leave shall be given not later than twenty-four
hours after the conclusion of his examination (including any further
examination) in pursuance of that paragraph; and if notice giving or refusing
leave is not given him before the end of those twenty-four hours, he shall (if
not a British citizen) be deemed to have been given leave to enter the
Bailiwick of Guernsey for a period of six months subject to a condition
prohibiting his taking employment and the immigration officer shall as soon as
may be give him written notice of that leave.
(2) Where on a person's examination
under paragraph 2 above he is given notice of leave to enter the Bailiwick of
Guernsey, then at any time before the end of twenty-four hours from the
conclusion of the examination he may be given a further notice in writing by an
immigration officer cancelling the earlier notice and refusing him leave to
enter.
(3) Where in accordance with this
paragraph a person is given notice refusing him leave to enter the Bailiwick of
Guernsey, that notice may at any time be cancelled by notice in writing given
him by an immigration officer; and where a person is given a notice of
cancellation under this sub-paragraph, and the immigration officer does not at
the same time give him indefinite or limited leave to enter, he shall be deemed
to have been given leave to enter for a period of six months subject to a
condition prohibiting his taking employment and the immigration officer shall
as soon as may be given him written notice of that leave.
(4) Where an entrant is a member of a party
in charge of a person appearing to the immigration officer to be a responsible
person, any notice to be given in relation to that entrant in accordance with
this paragraph shall be duly given if delivered to the person in charge of the
party.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 6
UK ST 1971 c 77 Sch 2 (I) Para 6
Para
7 Power to require medical examination after entry
[
7.-- Power to require medical
examination after entry
(1) This paragraph applies
if an immigration officer examining a person under paragraph
2 decides--
(a)
that he may be given leave to enter the United Kingdom; but
(b)
that a further medical test or examination may be required in the interests of
public health.
(2) This paragraph also
applies if an immigration officer examining a person under
paragraph 2A decides--
(a)
that his leave to enter the United Kingdom should not be cancelled; but
(b)
that a further medical test or examination may be required in the interests of
public health.
(3) The immigration officer
may give the person concerned notice in writing requiring him--
(a)
to report his arrival to such medical officer of health as may be specified in
the notice; and
(b)
to attend at such place and time and submit to such test or examination (if
any), as that medical officer of health may require.
(4) In reaching a decision
under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must
act on the advice of--
(a)
a medical inspector; or
(b)
if no medical inspector is available, a fully qualified medical practitioner. [FN1] may require. [FN2]
[FN3] [FN4]
] [FN5]
[FN1] In
relation to Scotland:
7. If, on a person's examination by an
immigration officer under paragraph 2 above, the immigration officer--
(a) determines that he may be given
leave to enter the United Kingdom; but
(b) is of opinion, on the advice of a
medical inspector or, where no medical inspector is available, on that of any
other fully qualified medical practitioner, that a further medical test or
examination may be required in the interests of public health;
then the immigration officer, on giving
that person leave to enter the United Kingdom, may by notice in writing require
him to report his arrival to the chief administrative medical officer of such
Health Board as may be specified in the notice and thereafter to attend at such
place and time, and submit to such test or examination (if any), as that
medical officer may require.
[FN2] In
relation to the Isle of Man:
7.
(1) If, on a person's
examination by an immigration officer under paragraph 2 above, the immigration
officer--
(a) determines that he may be given
leave to enter the Isle of Man; but
(b) is of opinion, on the advice of a
medical inspector or, where no medical inspector is available, on that of any
other fully qualified medical practitioner, that a further medical test or
examination may be required in the interests of public health;
then the immigration officer, on giving
that person leave to enter the Isle of Man, may by notice in writing require
him to report his arrival to such medical officer of health as may be specified
in the notice and thereafter to attend at such place and time, and submit to such
test or examination (if any), as that medical officer of health may require.
(2) The references in this paragraph to
a medical officer of health include references to a fully registered person
within the meaning of the Medical Act 1985 (an Act of Tynwald) appointed for
the purposes of this paragraph by the Isle of Man Department of Health and
Social Security.
[FN3] In
relation to Jersey:
7. If, on a person's examination by an
immigration officer under paragraph 2 above, the
immigration officer--
(a) determines that he may be given
leave to enter the Bailiwick of Jersey; but
(b) is of opinion, on the advice of a
medical inspector or, where no medical inspector is available, on that of any
other fully qualified medical practitioner, that a further medical test or
examination may be required in the interests of public health;
then the immigration officer, on giving
that person leave to enter the Bailiwick of Jersey, may by notice in writing
require him to report his arrival to such medical officer of health as may be
specified in the notice and thereafter to attend at such place and time, and
submit to such test or examination (if any), as that medical officer of health
may require.
[FN4] In
relation to Guernsey:
7. If, on a person's examination by an
immigration officer under paragraph 2 above, the
immigration officer--
(a) determines that he may be given
leave to enter the Bailiwick of Guernsey; but
(b) is of opinion, on the advice of a
medical inspector or, where no medical inspector is available, on that of any
other fully qualified medical practitioner, that a further medical test or
examination may be required in the interests of public health;
then the immigration officer, on giving
that person leave to enter the Bailiwick of Guernsey, may by notice in writing
require him to report his arrival to such medical officer of health as may be
specified in the notice and thereafter to attend at such place and time, and
submit to such test or examination (if any), as that medical officer of health
may require.
[FN5]
substituted by Immigration and Asylum Act (1999
c.33), Sch 14 Para 59
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 7
UK ST 1971 c 77 Sch 2 (I) Para 7
Para
8
(1) Where a person arriving in the
United Kingdom through the tunnel system is refused leave to enter, an
immigration officer may, subject to sub-paragraph (2) below give the person
operating the international service by which he arrived ("the carrier")
directions requiring the carrier--
(a) to remove him from the United
Kingdom through the tunnel system; or
(b) to make arrangements for his
removal from the United Kingdom in any ship or aircraft specified or indicated
in the directions to a country or territory so specified, being either-
(i) a country of which he
is a national or citizen; or
(ii) a country or territory
in which he has obtained a passport or other document of identity; or
(iii) the country from
which he departed for the United Kingdom; or
(iv) a country or territory
to which there is reason to believe he will be admitted.
(1A) Where a person seeking to arrive in
the United Kingdom through the tunnel system is refused leave to enter and is
then in a control zone in France within the tunnel system, an immigration
officer may give the Concessionaires directions requiring them to secure that
the person is taken out of the control zone to a
place where he may be accepted back by the competent French authorities as
provided in Article 18 of the international articles.
(2) No directions shall be given under
this paragraph in respect of anyone after the expiration of two months
beginning with the date on which he was refused leave to enter the United
Kingdom[ (ignoring any period during which an appeal by him under the
Immigration Acts is pending)] [FN1] except that
directions may be given under sub-paragraph (1) after the end of that period if
the immigration officer has within that period given written notice to the
carrier of his intention to give directions to them in respect of that
person. [FN2]
[FN3] [FN4]
[FN1]
words inserted by Nationality, Immigration and Asylum
Act (2002 c.41), Sch 7 Para 4
[FN2] In
relation to the Isle of Man:
8.--
(1) Where a person arriving in the Isle
of Man is refused leave to enter, an immigration officer may, subject to
sub-paragraph (2) below--
(a) give the captain of the ship or
aircraft in which he arrives directions requiring the captain to remove him
from the Isle of Man in that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the Isle of Man
in any ship or aircraft specified or indicated in the directions, being a ship
or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the Isle of
Man in any ship or aircraft specified or indicated in the directions to a
country or territory so specified, being either--
(i) a country of which he is a national
or citizen; or
(ii) a country or territory in which he
has obtained a passport or other document of identity; or
(iii) a country or territory in which he
embarked for the Isle of Man; or
(iv) a country or territory to which
there is reason to believe that he will be admitted.
(2) No directions shall be given under
this paragraph in respect of anyone after the expiration of two months
beginning with the date on which he was refused leave to enter the Isle of Man
except that directions may be given under sub-paragraph (1)(b) or (c) after the
end of that period if the immigration officer has within that period given
written notice to the owners or agents in question of his intention to give
directions to them in respect of that person.
[FN3] In
relation to Jersey:
8.--
(1) Where a person arriving in the
Bailiwick of Jersey is refused leave to enter, an immigration officer may,
subject to sub-paragraph (2) below--
(a) give the captain of the ship or
aircraft in which he arrives directions requiring the captain to remove him
from the Bailiwick of Jersey in that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the Bailiwick of
Jersey in any ship or aircraft specified or indicated in the directions, being
a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the
Bailiwick of Jersey in any ship or aircraft specified or indicated in the
directions to a country or territory so specified, being either--
(i) a country of which he is a national
or citizen; or
(ii) a country or territory in which he
has obtained a passport or other document of identity; or
(iii) a country or territory in which he
embarked for the Bailiwick of Jersey; or
(iv) a country or territory to which
there is reason to believe that he will be admitted.
(2) No directions shall be given under
this paragraph in respect of anyone after the expiration of two months
beginning with the date on which he was refused leave to enter the Bailiwick of
Jersey except that directions may be given under sub-paragraph (1)(b) or (c)
after the end of that period if the immigration officer has within that period
given written notice to the owners or agents in question of his intention to
give directions to them in respect of that person.
[FN4] In
relation to Guernsey:
8.--
(1) Where a person arriving in the
Bailiwick of Guernsey is refused leave to enter, an immigration officer may,
subject to sub-paragraph (2) below--
(a) give the captain of the ship or
aircraft in which he arrives directions requiring the captain to remove him
from the Bailiwick of Guernsey in that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the Bailiwick of
Guernsey in any ship or aircraft specified or indicated in the directions,
being a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the
Bailiwick of Guernsey in any ship or aircraft specified or indicated in the
directions to a country or territory so specified, being either--
(i) a country of which he is a national
or citizen; or
(ii) a country or territory in which he
has obtained a passport or other document of identity; or
(iii) a country or territory in which he
embarked for the Bailiwick of Guernsey; or
(iv) a country or territory to which
there is reason to believe that he will be admitted.
(2) No directions shall be given under
this paragraph in respect of anyone after the expiration of two months
beginning with the date on which he was refused leave to enter the Bailiwick of
Guernsey except that directions may be given under sub-paragraph (1)(b) or (c)
after the end of that period if the immigration officer has within that period
given written notice to the owners or agents in question of his intention to
give directions to them in respect of that person.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 8
UK ST 1971 c 77 Sch 2 (I) Para 8
Para
9
[
(1) Where an illegal entrant is not
given leave to enter or remain in the United Kingdom, an immigration officer
may-
(a) if the illegal entrant
has arrived in the United Kingdom, give such directions in respect of him as in
a case within sub-paragraph (1) of paragraph 8 above
are authorised by that sub-paragraph, or
(b) if the illegal entrant
is in a control zone in France within the tunnel system, give such directions
in respect of him as in a case within sub- paragraph
(1A) of paragraph 8 above are authorised by that sub-paragraph. [FN1] [FN2] [FN3]
(2) Any leave to enter the United
Kingdom which is obtained by deception shall be disregarded for the purposes of
this paragraph.
] [FN4]
[FN1] In
relation to the Isle of Man:
9. Where an illegal entrant is not given
leave to enter or remain in the Isle of Man, an immigration officer may give
any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1).
[FN2] In
relation to Jersey:
9. Where an illegal entrant is not given
leave to enter or remain in the Bailiwick of Jersey, an immigration officer may
give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1).
[FN3] In
relation to Guernsey:
9. Where an illegal entrant is not given
leave to enter or remain in the Bailiwick of Guernsey, an immigration officer
may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1).
[FN4]
added by Asylum and Immigration Act (1996 c.49), Sch
2 Para 6
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 9
UK ST 1971 c 77 Sch 2 (I) Para 9
Para
10
(1) Where it appears to the Secretary of
State that directions might have been given in respect of a person under paragraph 8 above but that the requirements of paragraph
8(2) have not been complied with;
then the Secretary of State may give to
the [person operating the international service by which he arrived] [FN1] any such directions in respect of that person
as are authorised by paragraph 8(1).
(2) Where the Secretary of State may
give directions for a person's removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Secretary of State to any country or territory
to which he could be removed under sub-paragraph (1).
(3) The costs of complying with any
directions given under this paragraph shall be defrayed by the Secretary of
State. [FN2] [FN4]
[FN6]
[FN1]
words substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (l) (ii)
[FN2] In
relation to the Isle of Man:
10.--
(1) Where it appears to the Lieutenant-Governor
that directions might have been given in respect of a person under paragraph 8 above but that the requirements of paragraph 8(2) have not been complied with;
then the Lieutenant-Governor may give to
the [person operating the international service by which he arrived] [FN3] any such directions in respect of that person
as are authorised by paragraph 8(1).
(2) Where the Lieutenant-Governor may
give directions for a person's removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Lieutenant-Governore to any country or territory
to which he could be removed under sub- paragraph (1).
(3) The costs of complying with any
directions given under this paragraph shall be defrayed by the
Lieutenant-Governor.
[FN3]
words substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (l) (ii)
[FN4] In
relation to Jersey:
10.--
(1) Where it appears to the Lieutenant-Governor
that directions might have been given in respect of a person under paragraph 8 above but that the requirements of paragraph 8(2) have not been complied with;
then the Lieutenant-Governor may give to
the [person operating the international service by which he arrived] [FN5] any such directions in respect of that person
as are authorised by paragraph 8(1).
(2) Where the Lieutenant-Governor may
give directions for a person's removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Lieutenant- Governor to any country or territory
to which he could be removed under sub- paragraph (1).
(3) The costs of complying with any
directions given under this paragraph shall be defrayed by the Committee.
[FN5]
words substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (l) (ii)
[FN6] In
relation to Guernsey:
10.--
(1) Where it appears to the
Lieutenant-Governor that directions might have been
given in respect of a person under paragraph 8 above but that the requirements
of paragraph 8(2) have not been complied with;
then the Lieutenant-Governor may give to
the [person operating the international service by which he arrived] [FN7] any such directions in respect of that person
as are authorised by paragraph 8(1).
(2) Where the Lieutenant-Governor may
give directions for a person's removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Lieutenant- Governor to any country or territory
to which he could be removed under sub- paragraph (1).
(3) The costs of complying with any
directions given under this paragraph shall be defrayed by the Board.
[FN7]
words substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (l) (ii)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 10
UK ST 1971 c 77 Sch 2 (I) Para 10
Para
10A
[
10A. Where
directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same
effect may be given under that paragraph in respect of a member of the person's
family.
] [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 4 s 73 (1)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 10A
UK ST 1971 c 77 Sch 2 (I) Para 10A
Para
11
A person in respect of whom directions
are given under any of paragraphs 8 to 10 above
may be placed, under the authority of an immigration officer, on board any ship
or aircraft[ or through train or shuttle train] [FN1]
in which he is to be removed in accordance with the directions.
[FN1]
words added by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (m)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 11
UK ST 1971 c 77 Sch 2 (I) Para 11
Para
12
(1) If, on a person's examination by an
immigration officer under paragraph 2 above,
the immigration officer is satisfied that he had come to the United Kingdom for
the purpose of joining a ship or aircraft as a member of the crew, then the
immigration officer may limit the duration of any leave he gives that person to
enter the United Kingdom by requiring him to leave the United Kingdom in a ship
or aircraft specified or indicated by the notice giving leave.
(2) Where a person (not being a British
citizen) arrives in the United Kingdom for the purposes of joining a ship or
aircraft as a member of the crew and, having been given leave to enter as
mentioned in sub-paragraph (1) above, remains beyond the time limited by that
leave, or is reasonably suspected by an immigration officer of intending to do
so, an immigration officer may--
(a) give the captain of that ship or
aircraft directions requiring the captain to remove him from the United Kingdom
in that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the United
Kingdom in any ship or aircraft specified or indicated in the directions, being
a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the United
Kingdom in any ship or aircraft specified or indicated in the directions to a
country or territory so specified, being either--
(i) a country of which he
is a national or citizen; or
(ii) a country or territory
in which he has obtained a passport or other document of identity; or
(iii) a country or
territory in which he embarked for the United Kingdom; or
(iv) a country or territory
where he was engaged as a member of the crew of the ship or aircraft which he
arrived in the United Kingdom to join; or
(v) a country or territory
to which there is reason to believe that he will be admitted. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
12.--
(1) If, on a person's
examination by an immigration officer under paragraph 2 above, the immigration
officer is satisfied that he had come to the Isle of Man for the purpose of
joining a ship or
aircraft as a member of the crew, then the immigration officer may limit the
duration of any leave he gives that person to enter the Isle of Man by
requiring him to leave the Isle of Man in a ship or aircraft specified or
indicated by the notice giving leave.
(2) Where a person (not being a British
citizen) arrives in the Isle of Man for the purposes of joining a ship or
aircraft as a member of the crew and, having been given leave to enter as mentioned
in sub-paragraph (1) above, remains beyond the time limited by that leave, or
is reasonably suspected by an immigration officer of intending to do so, an
immigration officer may--
(a) give the captain of that ship or
aircraft directions requiring the captain to remove him from the Isle of Man in
that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the Isle of Man
in any ship or aircraft specified or indicated in the directions, being a ship
or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the Isle of
Man in any ship or aircraft specified or indicated in the directions to a
country or territory so specified, being either--
(i) a country of which he is a national
or citizen; or
(ii) a country or territory in which he
has obtained a passport or other document of identity; or
(iii) a country or territory in which he
embarked for the Isle of Man; or
(iv) a country or territory where he was
engaged as a member of the crew of the ship or aircraft which he arrived in the
Isle of Man to join; or
(v) a country or territory to which
there is reason to believe that he will be admitted.
[FN2] In
relation to Jersey:
12.--
(1) If, on a person's examination by an
immigration officer under paragraph 2 above, the
immigration officer is satisfied that he had come to the Bailiwick of Jersey
for the purpose of joining a ship or aircraft as a member of the crew, then the
immigration officer may limit the duration of any leave he gives that person to
enter the Bailiwick of Jersey by requiring him to leave the Bailiwick of Jersey
in a ship or aircraft specified or indicated by the notice giving leave.
(2) Where a person (not being a British
citizen) arrives in the Bailiwick of Jersey for the purposes of joining a ship
or aircraft as a member of the crew and, having been given leave to enter as
mentioned in sub-paragraph (1) above, remains beyond the time limited by that
leave, or is reasonably suspected by an immigration officer of intending to do
so, an immigration officer may--
(a) give the captain of that ship or
aircraft directions requiring the captain to remove him from the Bailiwick of
Jersey in that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the Bailiwick of
Jersey in any ship or aircraft specified or indicated in the directions, being
a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the
Bailiwick of Jersey in any ship or aircraft specified or indicated in the
directions to a country or territory so specified, being either--
(i) a country of which he is a national
or citizen; or
(ii) a country or territory in which he
has obtained a passport or other document of identity; or
(iii) a country or territory in which he
embarked for the Bailiwick of Jersey; or
(iv) a country or territory where he was
engaged as a member of the crew of the ship or aircraft which he arrived in the
Bailiwick of Jersey to join; or
(v) a country or territory to which
there is reason to believe that he will be admitted.
[FN3] In
relation to Guernsey:
12.--
(1) If, on a person's
examination by an immigration officer under paragraph 2 above, the immigration officer is
satisfied that he had come to the Bailiwick of Guernsey for the purpose of
joining a ship or aircraft as a member of the crew, then the immigration
officer may limit the duration of any leave he gives that person to enter the
Bailiwick of Guernsey by requiring him to leave the Bailiwick of Guernsey in a
ship or aircraft specified or indicated by the notice giving leave.
(2) Where a person (not being a British
citizen) arrives in the Bailiwick of Guernsey for the purposes of joining a
ship or aircraft as a member of the crew and, having been given leave to enter
as mentioned in sub-paragraph (1) above, remains beyond the time limited by
that leave, or is reasonably suspected by an immigration officer of intending
to do so, an immigration officer may--
(a) give the captain of that ship or
aircraft directions requiring the captain to remove him from the Bailiwick of
Guernsey in that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the Bailiwick of
Guernsey in any ship or aircraft specified or indicated in the directions,
being a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the
Bailiwick of Guernsey in any ship or aircraft specified or indicated in the
directions to a country or territory so specified, being either--
(i) a country of which he is a national
or citizen; or
(ii) a country or territory in which he
has obtained a passport or other document of identity; or
(iii) a country or territory in which he
embarked for the Bailiwick of Guernsey; or
(iv) a country or territory where he was
engaged as a member of the crew of the ship or aircraft which he arrived in the
Bailiwick of Guernsey to join; or
(v) a country or territory to which
there is reason to believe that he will be admitted.
[FN4]
words substituted by SI 1993/1796 (Immigration
(Guernsey) Order), Sch 1 (I) Para 20 (j)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 12
UK ST 1971 c 77 Sch 2 (I) Para 12
Para
13
[...] [FN1]
(2) Where a person (not being a British
citizen) arrives in the United Kingdom as a member of the [crew of a through
train or shuttle train, and] [FN2]--
(A) having lawfully entered
the United Kingdom without leave by virtue of section 8(1) of this Act, he remains
without leave beyond the time allowed by section 8(1), or is reasonably
suspected by an immigration officer of intending to do so; [...] [FN3]
[...] [FN4]an
immigration officer may--
[
(a) give the train manager
of the train in which that person ("the crew member") arrived
directions requiring the train manager to remove him from the United Kingdom in
that train; or
(b) give the person operating
the international service on which that train is engaged directions requiring
that person to remove the crew member from the United Kingdom in any train
specified or indicated in the directions, being a train engaged on that
international service; or
(c) give that person
directions requiring him to make arrangements for the removal of the crew
member from the United Kingdom in any ship or aircraft or through train or
shuttle train specified in the directions to a country or territory so specified,
being either-
(i)
a country of which he is a national or citizen; or
(ii)
a country or territory in which he has obtained a passport or other document of
identity; or
(iii)
the country from which he departed for the United Kingdom; or
(iv)
a country or territory in which he was engaged as a member of the crew of the
through train or shuttle train in which he arrived in the United Kingdom; or
(v)
a country or territory to which there is reason to believe he will be admitted.
[FN5] [FN6] [FN7]
] [FN8]
[FN1]
repealed by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (n)
[FN2]
repealed by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (n)
[FN3]
repealed by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (n)
[FN4]
repealed by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (n)
[FN5] In
relation to the Isle of Man:
13.--
(1) Where a person being a member of the crew of a ship or aircraft is
examined by an immigration officer under paragraph 2 above, the
immigration officer may limit the duration of any leave he gives that person to
enter the Isle of Man--
(a) in the manner authorised by paragraph 12(1) above; or
(b) if that person is to be allowed to
enter the Isle of Man in order to receive hospital treatment, by requiring him,
on completion of that treatment, to leave the Isle of Man in accordance with
arrangements to be made for his repatriation; or
(c) by requiring him to leave the Isle
of Man within a specified period in accordance with arrangements to be made for
his repatriation.
(2) Where a person (not being a British
citizen) arrives in the Isle of Man as a member of the crew of a ship or
aircraft, and either--
(A) having lawfully entered the Isle of
Man without leave by virtue of section 8(1) of this
Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an
immigration officer of intending to do so; or
(B) having been given leave limited as
mentioned in sub-paragraph (1) above, he remains beyond the time limited by
that leave, or is reasonably suspected by an immigration officer of intending
to do so;
an immigration officer may--
(a) give the captain of the ship or
aircraft in which he arrived directions requiring the captain to remove him
from the Isle of Man in that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the Isle of Man
in any ship or aircraft specified or indicated in the directions, being a ship
or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the Isle of
Man in any ship or aircraft specified or indicated in the directions to a
country or territory so specified, being either--
(i) a country of which he is a national
or citizen; or
(ii) a country or territory in which he
has obtained a passport or other document of identity; or
(iii) a country in which he embarked for
the Isle of Man; or
(iv) a country or territory in which he
was engaged as a member of the crew of the ship or aircraft in which he arrived
in the Isle of Man; or
(v) a country or territory to which
there is reason to believe that he will be admitted.
[FN6] In
relation to Jersey:
13.--
(1) Where a person being a member of the
crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit
the duration of any leave he gives that person to enter the Bailiwick of
Jersey--
(a) in the manner authorised by paragraph 12(1) above; or
(b) if that person is to be allowed to
enter the Bailiwick of Jersey in order to receive hospital treatment, by
requiring him, on completion of that treatment, to leave the Bailiwick of
Jersey in accordance with arrangements to be made for his repatriation; or
(c) by requiring him to leave the Bailiwick
of Jersey within a specified period in accordance with arrangements to be made
for his repatriation.
(2) Where a person (not being a British
citizen) arrives in the Bailiwick of Jersey as a member of the crew of a ship
or aircraft, and either--
(A) having lawfully entered the
Bailiwick of Jersey without leave by virtue of section
8(1) of this Act, he remains without leave beyond the time allowed by section
8(1), or is reasonably suspected by an immigration officer of intending to do
so; or
(B) having been given leave limited as
mentioned in sub-paragraph (1) above, he remains beyond the time limited by
that leave, or is reasonably suspected by an immigration officer of intending
to do so;
an immigration officer may--
(a) give the captain of the ship or
aircraft in which he arrived directions requiring the captain to remove him
from the Bailiwick of Jersey in that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the Bailiwick of
Jersey in any ship or aircraft specified or indicated in the directions, being
a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the
Bailiwick of Jersey in any ship or aircraft specified or indicated in the
directions to a country or territory so specified, being either--
(i) a country of which he is a national
or citizen; or
(ii) a country or territory in which he
has obtained a passport or other document of identity; or
(iii) a country in which he embarked for
the Bailiwick of Jersey; or
(iv) a country or territory in which he
was engaged as a member of the crew of the ship or aircraft in which he arrived
in the Bailiwick of Jersey; or
(v) a country or territory to which
there is reason to believe that he will be admitted.
[FN7] In
relation to Guernsey:
13.--
(1) Where a person being a member of the
crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit
the duration of any leave he gives that person to enter the Bailiwick of
Guernsey--
(a) in the manner
authorised by paragraph 12(1) above; or
(b) if that person is to be allowed to
enter the Bailiwick of Guernsey in order to receive hospital treatment, by
requiring him, on completion of that treatment, to leave the Bailiwick of
Guernsey in accordance with arrangements to be made for his repatriation; or
(c) by requiring him to leave the
Bailiwick of Guernsey within a specified period in accordance with arrangements
to be made for his repatriation.
(2) Where a person (not being a British
citizen) arrives in the Bailiwick of Guernsey as a member of the crew of a ship
or aircraft, and either--
(A) having lawfully entered the
Bailiwick of Guernsey without leave by virtue of
section 8(1) of this Act, he remains without leave beyond the time
allowed by section 8(1), or is reasonably suspected
by an immigration officer of intending to do so; or
(B) having been given leave limited as
mentioned in sub-paragraph (1) above, he remains beyond the time limited by
that leave, or is reasonably suspected by an immigration officer of intending
to do so;
an immigration officer may--
(a) give the captain of the ship or
aircraft in which he arrived directions requiring the captain to remove him
from the Bailiwick of Guernsey in that ship or aircraft; or
(b) give the owners or agents of that
ship or aircraft directions requiring them to remove him from the Bailiwick of
Guernsey in any ship or aircraft specified or indicated in the directions,
being a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents
directions requiring them to make arrangements for his removal from the
Bailiwick of Guernsey in any ship or aircraft specified or indicated in the
directions to a country or territory so specified, being either--
(i) a country of which he is a national
or citizen; or
(ii) a country or territory in which he
has obtained a passport or other document of identity; or
(iii) a country in which he embarked for
the Bailiwick of Guernsey; or
(iv) a country or territory in which he
was engaged as a member of the crew of the ship or aircraft in which he arrived
in the Bailiwick of Guernsey; or
(v) a country or territory to which
there is reason to believe that he will be admitted.
[FN8] repealed by SI 1993/1813 (Channel Tunnel (International
Arrangements) Order), Sch 4 Para 1 (11) (n)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 13
UK ST 1971 c 77 Sch 2 (I) Para 13
Para
14
(1) Where is appears to the Secretary of
State that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not
practicable for them to be given or that, if given, they would be ineffective,
then the Secretary of State may give to the owners or agents of any ship or
aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c).
(2) Where the Secretary of State may
give directions for a person's removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Secretary of State to any country or territory
to which he could be removed under sub-paragraph (1).
(3) The costs of complying with any
directions given under this paragraph shall be defrayed by the Secretary of
State. [FN1] [FN2]
[ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
14.--
(1) Where is appears
to the Lieutenant-Governor that directions might be given in respect of a
person under paragraph 12 or 13 above, but that it is not practicable for them
to be given or that, if given, they would be ineffective, then the Lieutenant-Governor may give to the owners or agents of any ship or aircraft
any such directions in respect of that person as are authorised by paragraph
12(2)(c) or 13(2)(c).
(2) Where the Lieutenant-Governor may
give directions for a person's removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Lieutenant- Governor to any country or territory
to which he could be removed under sub- paragraph (1).
(3) The costs of complying with any
directions given under this paragraph shall be defrayed by the
Lieutenant-Governor.
[FN2] In
relation to Jersey:
14.--
(1) Where is appears to the Lieutenant-Governor that directions might be given in
respect of a person under paragraph 12 or 13 above, but that it is not
practicable for them to be given or that, if given, they would be ineffective,
then the Lieutenant-Governor may give to the owners or agents of any ship or
aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c).
(2) Where the Lieutenant-Governor may
give directions for a person's removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Lieutenant- Governor to any country or territory
to which he could be removed under sub- paragraph (1).
(3) The costs of complying with any
directions given under this paragraph shall be defrayed by the Committee.
[FN3] In
relation to Guernsey:
14.--
(1) Where is appears to the
Lieutenant-Governor that directions might be given in respect of a person under
paragraph 12 or 13 above, but that it is not
practicable for them to be given or that, if given, they would be ineffective,
then the Lieutenant-Governor may give to the owners or agents of any ship or
aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c).
(2) Where the Lieutenant-Governor may
give directions for a person's removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Lieutenant- Governor to any country or territory
to which he could be removed under sub- paragraph (1).
(3) The costs of complying with any
directions given under this paragraph shall be defrayed by the Board.
[FN4]
modified by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (I) Para 20 (k)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 14
UK ST 1971 c 77 Sch 2 (I) Para 14
Para
15
A person in respect of whom directions
are given under any of paragraphs 12 to 14 above may
be placed, under the authority of an immigration officer, on board any ship or
aircraft[ or through train or shuttle train] [FN1]
in which he is to be removed in accordance with the directions.
[FN1]
words added by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (o)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 15
UK ST 1971 c 77 Sch 2 (I) Para 15
Para
16
(1) A person who may be required to
submit to examination under paragraph 2 above may
be detained under the authority of an immigration officer pending his
examination and pending a decision to give or refuse him leave to enter.
(1A) A person whose
leave to enter has been suspended under paragraph 2A may be detained under the
authority of an immigration officer pending--
(a) completion of his examination under
that paragraph; and
(b) a decision on whether to cancel his
leave to enter.
(2) If there are reasonable grounds for
suspecting that a person is someone in respect of whom directions may be given
under any of [paragraphs 8 to 10A or 12 to 14] [FN1],
that person may be detained under the authority of an immigration officer
pending--
(a) a decision whether or not to give
such directions;
(b) his removal in pursuance of such
directions.
(3) A person may under the authority of
an immigration officer be removed for detention under this paragraph-
(a) from a vehicle in a control zone in
the tunnel system in France; or
(b) from a train or vehicle in which he
arrives in the United Kingdom through the tunnel system.
(4) The captain of a ship or aircraft,
if so required by an immigration officer, shall prevent from disembarking in
the United Kingdom or before the directions for his removal have been fulfilled
any person placed on board the ship or aircraft under paragraph
11 or 15 above, and the captain may for
that purpose detain him in custody on board the ship or aircraft. [FN2] [FN4] [FN6]
(5) Where a person has under paragraph 11 or 15 above been placed on a through train or
shuttle train sub-paragraph (4) of this paragraph has effect with the
substitution-
(a) for the word "captain",
wherever occurring, of the words "train manager"; and
(b) for the words "ship or
aircraft", wherever occurring, of the word "train"; and
(c) for the word
"disembarking", of the words "leaving the train".
[FN1]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Pt 4 s 73 (5)
[FN2] In
relation to the Isle of Man:
16.--
(1) A person who may be required to
submit to examination under paragraph 2 above may be detained under the
authority of an immigration officer pending his examination and pending a
decision to give or refuse him leave to enter.
(1A) A person whose leave to enter has
been suspended under paragraph 2A may be detained under the authority of an
immigration officer pending--
(a) completion of his examination under
that paragraph; and
(b) a decision on whether to cancel his
leave to enter.
(2) If there are reasonable grounds for
suspecting that a person is someone in respect of whom directions may be given
under any of [paragraphs 8 to 10 or 12 to 14] [FN3],
that person may be detained under the authority of an immigration officer
pending--
(a) a decision whether or not to give
such directions;
(b) his removal in pursuance of such
directions.
(3) A person on board a ship or aircraft
may, under the authority of an immigration officer, be removed from the ship or
aircraft for detention under this paragraph; but if an immigration officer so
requires the captain of a ship or aircraft shall prevent from disembarking in
the Isle of Man any person who has arrived in the Isle of Man in the ship or
aircraft and been refused leave to enter, and the captain may for that purpose detain
him in custody on board the ship or aircraft.
(4) The captain of a ship or aircraft,
if so required by an immigration officer, shall prevent from disembarking in
the Isle of Man or before the directions for his removal have been fulfilled
any person placed on board the ship or aircraft under paragraph 11 or 15 above,
and the captain may for that purpose detain him in custody on board the ship or
aircraft.
[FN3]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Pt 4 s 73 (5)
[FN4] In
relation to Jersey:
16.--
(1) A person who may be required to
submit to examination under paragraph 2 above may be detained under the
authority of an immigration officer pending his examination and pending a
decision to give or refuse him leave to enter.
(1A) A person whose leave to enter has
been suspended under paragraph 2A may be detained under the authority of an
immigration officer pending--
(a) completion of his examination under
that paragraph; and
(b) a decision on whether to cancel his
leave to enter.
(2) If there are reasonable grounds for
suspecting that a person is someone in respect of whom directions may be given
under any of [paragraphs 8 to 10A or 12 to 14] [FN5],
that person may be detained under the authority of an immigration officer
pending--
(a) a decision whether or not to give
such directions;
(b) his removal in pursuance of such
directions.
(3) A person on board a ship or aircraft
may, under the authority of an immigration officer, be removed from the ship or
aircraft for detention under this paragraph; but if an immigration officer so
requires the captain of a ship or aircraft shall prevent from disembarking in
the Bailiwick of Jersey any person who has arrived in the Bailiwick of Jersey
in the ship or aircraft and been refused leave to enter, and the captain may
for that purpose detain him in custody on board the ship or aircraft.
(4) The captain of a ship or aircraft,
if so required by an immigration officer, shall prevent from disembarking in
the Bailiwick of Jersey or before the directions for his removal have been
fulfilled any person placed on board the ship or aircraft under paragraph 11 or
15 above, and the captain may for that purpose detain him in custody on board
the ship or aircraft.
[FN5]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Pt 4 s 73 (5)
[FN6] In
relation to Guernsey:
16.--
(1) A person who may be required to
submit to examination under paragraph 2 above may be detained under the authority
of an immigration officer pending his examination and pending a decision to
give or refuse him leave to enter.
(1A) A person whose leave to enter has
been suspended under paragraph 2A may be detained under the authority of an
immigration officer pending--
(a) completion of his examination under
that paragraph; and
(b) a decision on whether to cancel his
leave to enter.
(2) If there are reasonable grounds for
suspecting that a person is someone in respect of whom directions may be given
under any of [paragraphs 8 to 10A or 12 to 14] [FN7],
that person may be detained under the authority of an immigration officer
pending--
(a) a decision whether or not to give
such directions;
(b) his removal in pursuance of such
directions.
(3) A person on board a ship or aircraft
may, under the authority of an immigration officer, be removed from the ship or
aircraft for detention under this paragraph; but if an immigration officer so
requires the captain of a ship or aircraft shall prevent from disembarking in
the Bailiwick of Guernsey any person who has arrived in the Bailiwick of
Guernsey in the ship or aircraft and been refused leave to enter, and the
captain may for that purpose detain him in custody on board the ship or
aircraft.
(4) The captain of a ship or aircraft,
if so required by an immigration officer, shall prevent from disembarking in
the Bailiwick of Guernsey or before the directions for his removal have been
fulfilled any person placed on board the ship or aircraft under paragraph 11 or
15 above, and the captain may for that purpose detain him in custody on board
the ship or aircraft.
[FN7]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Pt 4 s 73 (5)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 16
UK ST 1971 c 77 Sch 2 (I) Para 16
Para
17
(1) A person liable to be detained under
paragraph 16 above may be arrested without
warrant by a constable or by an immigration officer.
(2) If--
(a) a justice of the peace is by
written information on oath satisfied that there is reasonable ground for
suspecting that a person liable to be arrested under this paragraph is to be
found on any premises; or
(b) in Scotland, a sheriff, or a
justice of the peace, having jurisdiction in the place where the premises are
situated is by evidence on oath so satisfied; [FN1]
he may grant a warrant authorising any
immigration officer or constable to enter, if need be by reasonable force, the
premises named in the warrant for the purpose of searching for and arresting
that person. [FN2] [FN4]
[FN6]
[
(3) Sub-paragraph (4) applies where an
immigration officer or constable--
(a) enters premises in reliance on a
warrant under sub-paragraph (2), and
(b) detains a person on the premises.
(4) A detainee custody officer may enter
the premises, if need be by reasonable force, for the purpose of carrying out a
search.
(5) In sub-paragraph (4)--
"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).
] [FN8]
[FN1] In
relation to England and Wales:
(b) in Scotland, a sheriff, or a justice
of the peace, having jurisdiction in the place where the premises are situated
is by evidence on oath so satisfied;
he may grant a warrant authorising any
constable, to enter, if need be by reasonable force, the premises named in the
warrant for the purpose of searching for and arresting that person.
[FN2] In
relation to the Isle of Man:
17.--
(1) A person liable to be detained under
paragraph 16 above may be arrested without warrant by a constable or by an
immigration officer.
(2) If--
(a) a justice of the peace is by written
information on oath satisfied that there is reasonable ground for suspecting
that a person liable to be arrested under this paragraph is to be found on any
premises; or
he may grant a warrant authorising any
immigration officer or constable to enter, if need be by reasonable force, the
premises named in the warrant for the purpose of searching for and arresting
that person.
[
(3) Sub-paragraph (4) applies where an
immigration officer or constable--
(a) enters premises in reliance on a
warrant under sub-paragraph (2), and
(b) detains a person on the premises.
(4) A detainee custody officer may enter
the premises, if need be by reasonable force, for the purpose of carrying out a
search.
(5) In sub-paragraph (4)--
"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).
] [FN3]
[FN3]
added by Nationality, Immigration and Asylum Act
(2002 c.41), Pt 4 s 64
[FN4] In
relation to Jersey:
17.--
(1) A person liable to be detained under
paragraph 16 above may be arrested without warrant by a police officer or by an
immigration officer.
(2) If the Bailiff is by written
information on oath satisfied that there is reasonable ground for suspecting
that a person liable to be arrested under this paragraph is to be found on any
premises, he may grant a warrant authorising any immigration officer or
constable to enter, if need be by reasonable force, the premises named in the
warrant for the purpose of searching for and arresting that person.
[
(3) Sub-paragraph (4) applies where an
immigration officer or constable--
(a) enters premises in reliance on a
warrant under sub-paragraph (2), and
(b) detains a person on the premises.
(4) A detainee custody officer may enter
the premises, if need be by reasonable force, for the purpose of carrying out a
search.
(5) In sub-paragraph (4)--
"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).
] [FN5]
[FN5]
added by Nationality, Immigration and Asylum Act
(2002 c.41), Pt 4 s 64
[FN6] In
relation to Guernsey:
17.--
(1) A person liable to be detained under
paragraph 16 above may be arrested without warrant by a police officer or by an
immigration officer.
(2) If in Guernsey the Bailiff, in
Alderney the Chairman of the Court of Alderney or in Sark the Seneschal of Sark
is by written information on oath satisfied that there is reasonable ground for
suspecting that a person liable to be arrested under this paragraph is to be
found on any premises, he may grant a warrant authorising any immigration
officer or constable to enter, if need be by reasonable force, the premises
named in the warrant for the purpose of searching for and arresting that
person.
[
(3) Sub-paragraph (4) applies where an
immigration officer or constable--
(a) enters premises in reliance on a
warrant under sub-paragraph (2), and
(b) detains a person on the premises.
(4) A detainee custody officer may enter
the premises, if need be by reasonable force, for the purpose of carrying out a
search.
(5) In sub-paragraph (4)--
"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).
] [FN7]
[FN7]
added by Nationality, Immigration and Asylum Act
(2002 c.41), Pt 4 s 64
[FN8]
added by Nationality, Immigration and Asylum Act
(2002 c.41), Pt 4 s 64
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 17
UK ST 1971 c 77 Sch 2 (I) Para 17
Para
18
(1) Persons may be detained under paragraph 16 above in such places as the Secretary
of State may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft).
(2) Where a person is detained under paragraph 16, any immigration officer, constable or prison
officer, or any other person authorised by the Secretary of State, may
take all such steps as may be reasonably necessary for photographing, measuring
or otherwise identifying him.
[
(2A) The power conferred by
sub-paragraph (2) includes power to take fingerprints.
] [FN1]
(3) Any person detained under paragraph 16 may be taken in the custody of a constable, or
of any person acting under the authority of an immigration officer, to
and from any place where his attendance is required for the purpose of
ascertaining his citizenship or nationality or of making arrangements for his
admission to a country or territory other than the United Kingdom, or where he
is required to be for any other purpose connected with the operation of this
Act.
(4) A person shall be deemed to be in
legal custody at any time when he is detained under paragraph
16 or is being removed in pursuance of sub- paragraph (3) above. [FN2] [FN4] [FN6]
[FN1]
added by Immigration and Asylum Act (1999 c.33), Sch
14 Para 61
[FN2] In
relation to the Isle of Man:
18.--
(1) Persons may be detained under paragraph 16 above in such places as the
Lieutenant-Governor may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft).
(2) Where a person is detained under paragraph 16, any immigration officer, constable or
prison officer, or any other person authorised by the Lieutenant- Governor, may
take all such steps as may be reasonably necessary for photographing, measuring
or otherwise identifying him.
[
(2A) The power conferred by
sub-paragraph (2) includes power to take fingerprints.
] [FN3]
(3) Any person detained under paragraph 16 may be taken in the custody of a
constable, or of any person acting under the authority of an immigration
officer, to and from any place where his attendance is required for the purpose
of ascertaining his citizenship or nationality or of making arrangements for
his admission to a country or territory other than the Isle of Man, or where he
is required to be for any other purpose connected with the operation of this
Act.
(4) A person shall be deemed to be in
legal custody at any time when he is detained under
paragraph 16 or is being removed in pursuance of sub- paragraph (3)
above.
[FN3]
added by Immigration and Asylum Act (1999 c.33), Sch
14 Para 61
[FN4] In
relation to Jersey:
18.--
(1) Persons may be
detained under paragraph 16 above in such places as the Attorney General for Jersey may
direct (when not detained in accordance with
paragraph 16 on board a ship or aircraft).
(2) Where a person is detained under paragraph 16, any immigration officer, police
officer or prison officer, or any other person authorised by the Attorney
General for Jersey, may take all such steps as may be reasonably necessary for
photographing, measuring or otherwise identifying him.
[
(2A) The power conferred by sub-paragraph
(2) includes power to take fingerprints.
] [FN5]
(3) Any person detained under paragraph 16 may be taken in the custody of a police
officer, or of any person acting under the authority of an immigration officer,
to and from any place where his attendance is required for the purpose of
ascertaining his citizenship or nationality or of making arrangements for his
admission to a country or territory other than the Bailiwick of Jersey, or
where he is required to be for any other purpose connected with the operation
of this Act.
(4) A person shall be deemed to be in
legal custody at any time when he is detained under
paragraph 16 or is being removed in pursuance of sub- paragraph (3)
above.
[FN5]
added by Immigration and Asylum Act (1999 c.33), Sch
14 Para 61
[FN6] In
relation to Guernsey:
18.--
(1) Persons may be detained under paragraph 16 above in such places as the
Lieutenant-Governor may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft).
(2) Where a person is detained under paragraph 16, any immigration officer, police
officer or prison officer, or any other person authorised by either the
Lieutenant-Governor or the Board, may take all such steps as may be reasonably
necessary for photographing, measuring or otherwise identifying him.
[
(2A) The power conferred by
sub-paragraph (2) includes power to take fingerprints.
] [FN7]
(3) Any person detained under paragraph 16 may be taken in the custody of a police
officer, or of any person acting under the authority of an immigration
officer, to and from any place where his attendance is required for the purpose
of ascertaining his citizenship or nationality or of making arrangements for
his admission to a country or territory other than the Bailiwick of Guernsey,
or where he is required to be for any other purpose connected with the
operation of this Act.
(4) A person shall be
deemed to be in legal custody at any time when he is detained under paragraph
16 or is
being removed in pursuance of sub- paragraph (3) above.
[FN7]
added by Immigration and Asylum Act (1999 c.33), Sch
14 Para 61
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 18
UK ST 1971 c 77 Sch 2 (I) Para 18
Para
19
(1) Where a person is
refused leave to enter the United Kingdom and directions are given in respect
of him under paragraph 8 or 10 above, then subject to the provisions of this
paragraph the person operating the international service by which he arrived,
shall be liable to pay the Secretary of State on demand any expenses incurred
by the latter in respect of the custody, accommodation or maintenance of that
person [for any period (not exceeding 14 days)] [FN1]
after his arrival while he was detained or liable to be detained under paragraph 16 above.
(2) Sub-paragraph (1) above shall not
apply to expenses in respect of a person who, when he arrived in the United
Kingdom, held a certificate of entitlement or a current entry clearance or was
the person named in a current work permit; and for this purpose a document
purporting to be a certificate of entitlement, entry clearance or work permit
is to be regarded as being one unless its falsity is reasonably apparent.
(3) If, before the
directions for a person's removal under paragraph 8 or 10 above have been
carried out, he is given leave to enter the United Kingdom, or if he is
afterwards given that leave in consequence of the determination in his favour
of an appeal under this Act (being an appeal against a refusal of leave to
enter by virtue of which the directions were given), or it is determined on an appeal under this
Act that he does not require leave to enter (being an appeal occasioned by such
a refusal), no sum shall be demanded under sub-paragraph (1) above for expenses
incurred in respect of that person and any sum already demanded and paid shall
be refunded.
(4) Sub-paragraph (1) above shall not
have effect in relation to directions which, in consequence of an appeal under
this Act, have ceased to have effect or are for the time being of no effect;
and the expenses to which that sub- paragraph applies include expenses in
conveying the person in question to and from the place where he is detained or
accommodated unless the journey is made for the purpose of attending an appeal
by him under this Act. [FN2] [FN4] [FN6]
[FN1]
words substituted by Asylum and Immigration Act (1996
c.49), Sch 2 Para 8
[FN2] In
relation to the Isle of Man:
19.--
(1) Where a person is refused leave to
enter the Isle of Man and directions are given in respect of him under paragraph 8 or 10 above, then subject to the provisions of
this paragraph the person operating the international service by which
he arrived, shall be liable to pay the Lieutenant-Governor on demand any
expenses incurred by the latter in respect of the custody, accommodation or
maintenance of that person [for any period (not exceeding 14 days)] [FN3] after his arrival while he was detained or
liable to be detained under paragraph 16 above.
(2) Sub-paragraph (1) above shall not
apply to expenses in respect of a person who, when he arrived in the Isle of
Man, held a certificate of entitlement or a current entry clearance or was the
person named in a current work permit; and for this purpose a document purporting
to be a certificate of entitlement, entry clearance or work permit is to be
regarded as being one unless its falsity is reasonably apparent.
(3) If, before the directions for a
person's removal under paragraph 8 or 10 above
have been carried out, he is given leave to enter the Isle of Man, no sum shall
be demanded under sub-paragraph (1) above for expenses incurred in respect of
that person and any sum already demanded and paid shall be refunded.
(4) The expenses to which sub-paragraph
(1) above applies include expenses in conveying the person in question to and
from the place where he is detained or accommodated.
[FN3]
words substituted by Asylum and Immigration Act (1996
c.49), Sch 2 Para 8
[FN4] In
relation to Jersey:
19.--
(1) Where a person
is refused leave to enter the Bailiwick of Jersey and directions are given in
respect of him under paragraph 8 or 10 above, then subject to the provisions of
this paragraph the person operating the international service by which
he arrived, shall be liable to pay the Committee on demand any expenses
incurred by the latter in respect of the custody, accommodation or maintenance
of that person [for any period (not exceeding 14 days)] [FN5] after his arrival while he was detained or liable to be
detained under paragraph 16 above.
(2) Sub-paragraph (1) above shall not
apply to expenses in respect of a person who, when he arrived in the Bailiwick
of Jersey, held a certificate of entitlement or a current entry clearance or
was the person named in a current work permit; and for this purpose a document
purporting to be a certificate of entitlement, entry clearance or work permit
is to be regarded as being one unless its falsity is reasonably apparent.
(3) If, before the
directions for a person's removal under paragraph 8 or 10 above have been carried out,
he is given leave to enter the Bailiwick of Jersey, no sum shall be demanded
under sub-paragraph (1) above for expenses incurred in respect of that person
and any sum already demanded and paid shall be refunded.
(4) The expenses to which sub-paragraph
(1) above applies include expenses in conveying the person in question to and
from the place where he is detained or accommodated.
[FN5]
words substituted by Asylum and Immigration Act (1996
c.49), Sch 2 Para 8
[FN6] In
relation to Guernsey:
19.--
(1) Where a person is refused leave to enter the Bailiwick of Guernsey and
directions are given in respect of him under paragraph 8 or 10 above, then
subject to the provisions of this paragraph the person operating the
international service by which he arrived, shall be liable to pay the Board on
demand any expenses incurred by the latter in respect of the custody,
accommodation or maintenance of that person [for any period (not exceeding 14 days)]
[FN7] after his arrival while he was detained
or liable to be detained under paragraph 16 above.
(2) Sub-paragraph (1) above shall not
apply to expenses in respect of a person who, when he arrived in the Bailiwick
of Guernsey, held a certificate of entitlement or a current entry clearance or
was the person named in a current work permit; and for this purpose a document
purporting to be a certificate of entitlement, entry clearance or work permit
is to be regarded as being one unless its falsity is reasonably apparent.
(3) If, before the directions for a
person's removal under paragraph 8 or 10 above have
been carried out, he is given leave to enter the Bailiwick of Guernsey, no sum
shall be demanded under sub-paragraph (1) above for expenses incurred in
respect of that person and any sum already demanded and paid shall be refunded.
(4) The expenses to which sub-paragraph
(1) above applies include expenses in conveying the person in question to and
from the place where he is detained or accommodated.
[FN7]
words substituted by Asylum and Immigration Act (1996
c.49), Sch 2 Para 8
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 19
UK ST 1971 c 77 Sch 2 (I) Para 19
Para
20
(1) Subject to the provisions of this
paragraph, in either of the following cases, that is to say,--
(a) where directions
are given in respect of an illegal entrant under paragraph 9 or 10 above; and
(b) where a person has lawfully entered
the United Kingdom without leave by virtue of section
8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under paragraph
14;
the person operating the international
service by which he arrived in the United Kingdom shall be liable to pay the
Secretary of State on demand any expenses incurred by the latter in respect of
the custody, accommodation or maintenance of that person for any period (not
exceeding 14 days) after his arrival while he was detained or liable to be
detained under paragraph 16 above.
[
(1A) Sub-paragraph (1) above shall not
apply to expenses in respect of an illegal entrant if he obtained leave to
enter by deception and the leave has not been cancelled under paragraph 6(2) above.
] [FN1]
(2) If, before the directions for a
person's removal from the United Kingdom have been carried out, he is given
leave to remain in the United Kingdom, no sum shall be demanded under
sub-paragraph (1) above for expenses incurred in respect of that person and any
sum already demanded and paid shall be refunded.
(3) Sub-paragraph (1) above shall not
have effect in relation to directions which, in consequence of an appeal under
this Act, are for the time being of no effect; and the expenses to which that
sub-paragraph applies include expenses in conveying the person in question to
and from the place where he is detained or accommodated unless the journey is
made for the purpose of attending an appeal by him under this Act. [FN2] [FN4] [FN6]
[FN1]
added by Asylum and Immigration Act (1996 c.49), Sch
2 Para 9 (2)
[FN2] In
relation to the Isle of Man:
20.--
(1) Subject to the provisions of this
paragraph, in either of the following cases, that is to say,--
(a) where directions
are given in respect of an illegal entrant under paragraph 9 or 10 above; and
(b) where a person has lawfully entered
the Isle of Man without leave by virtue of section
8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under
paragraph 14;
the person operating the international
service by which he arrived in the Isle of Man shall be liable to pay the
Lieutenant-Governor on demand any expenses incurred by the latter in respect of
the custody, accommodation or maintenance of that person for any period (not
exceeding 14 days) after his arrival while he was detained or liable to be
detained under paragraph 16 above.
[
(1A) Sub-paragraph (1) above shall not
apply to expenses in respect of an illegal entrant if he obtained leave to
enter by deception and the leave has not been cancelled under paragraph 6(2) above.
] [FN3]
(2) If, before the directions for a
person's removal from the Isle of Man have been carried out, he is given leave
to remain in the Isle of Man, no sum shall be demanded under sub-paragraph (1)
above for expenses incurred in respect of that person and any sum already
demanded and paid shall be refunded.
(3) The expenses to which sub-paragraph
(1) above applies include expenses in conveying the person concerned to and
from the place where he is detained or accommodated.
[FN3]
added by Asylum and Immigration Act (1996 c.49), Sch
2 Para 9 (2)
[FN4] In
relation to Jersey:
20.--
(1) Subject to the provisions of this
paragraph, in either of the following cases, that is to say,--
(a) where directions are given in
respect of an illegal entrant under
paragraph 9 or 10 above; and
(b) where a person has lawfully entered
the Bailiwick of Jersey without leave by virtue of section
8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under paragraph 14;
the person operating the international
service by which he arrived in the Bailiwick of Jersey shall be liable to pay
the Committee on demand any expenses incurred by the latter in respect of the
custody, accommodation or maintenance of that person for any period (not
exceeding 14 days) after his arrival while he was detained or liable to be
detained under paragraph 16 above.
[
(1A) Sub-paragraph (1) above shall not
apply to expenses in respect of an illegal entrant if he obtained leave to
enter by deception and the leave has not been cancelled under paragraph 6(2) above.
] [FN5]
(2) If, before the directions for a
person's removal from the Bailiwick of Jersey have been carried out, he is
given leave to remain in the Bailiwick of Jersey, no sum shall be demanded
under sub-paragraph (1) above for expenses incurred in respect of that person
and any sum already demanded and paid shall be refunded.
(3) The expenses to which sub-paragraph
(1) above applies include expenses in conveying the person concerned to and
from the place where he is detained or accommodated.
[FN5]
added by Asylum and Immigration Act (1996 c.49), Sch
2 Para 9 (2)
[FN6] In
relation to Guernsey:
20.--
(1) Subject to the provisions of this
paragraph, in either of the following cases, that is to say,--
(a) where directions are given in respect
of an illegal entrant under paragraph 9 or 10 above; and
(b) where a person has lawfully entered
the Bailiwick of Guernsey without leave by virtue of section
8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph
13(2)(A), under paragraph 14;
the person operating the international
service by which he arrived in the Bailiwick of Guernsey, shall be liable to
pay the Board on demand any expenses incurred by the latter in respect of the
custody, accommodation or maintenance of that person for any period (not
exceeding 14 days) after his arrival while he was detained or liable to be
detained under paragraph 16 above.
[
(1A) Sub-paragraph (1) above shall not
apply to expenses in respect of an illegal entrant if he obtained leave to
enter by deception and the leave has not been cancelled under paragraph 6(2) above.
] [FN7]
(2) If, before the directions for a
person's removal from the Bailiwick of Guernsey have been carried out, he is
given leave to remain in the Bailiwick of Guernsey, no sum shall be demanded
under sub-paragraph (1) above for expenses incurred in respect of that person
and any sum already demanded and paid shall be refunded.
(3) The expenses to which sub-paragraph
(1) above applies include expenses in conveying the person concerned to and
from the place where he is detained or accommodated.
[FN7]
added by Asylum and Immigration Act (1996 c.49), Sch
2 Para 9 (2)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 20
UK ST 1971 c 77 Sch 2 (I) Para 20
Para
21
(1) A person liable
to detention or detained under paragraph 16 above may, under the written authority of an
immigration officer, be temporarily admitted to the United Kingdom without
being detained or be released from detention; but this shall not prejudice a
later exercise of the power to detain him.
(2) So long as a person is at large in
the United Kingdom by virtue of this paragraph, he shall be subject to such
restrictions as to residence , as to his employment or occupation and as to
reporting to the police or an immigration officer as may from time to time be
notified to him in writing by an immigration officer. [FN1]
[FN3] [FN4]
(2A) The provisions that may be included
in restrictions as to residence imposed under sub-paragraph (2) include
provisions of such a description as may be prescribed by regulations made by
the Secretary of State.
(2B) The regulations may, among other
things, provide for the inclusion of provisions--
(a) prohibiting residence in one or
more particular areas;
(b) requiring the person concerned to
reside in accommodation provided under section 4 of
the Immigration and Asylum Act 1999 and prohibiting him from being
absent from that accommodation except in accordance with the restrictions
imposed on him.
(2C) The regulations may provide that a
particular description of provision may be imposed only for prescribed
purposes.
(2D) The power to make regulations conferred
by this paragraph is exercisable by statutory instrument and includes a power
to make different provision for different cases.
(2E) But no regulations under this
paragraph are to be made unless a draft of the regulations has been laid before
Parliament and approved by a resolution of each House.
(3) Sub-paragraph (4) below applies
where a person who is at large in the United Kingdom by virtue of this
paragraph is subject to a restriction as to reporting to an immigration officer
with a view to the conclusion of his examination under paragraph
2 or 2A above.
(4) If the person fails at any time to
comply with that restriction--
(a) an immigration officer may direct
that the person's examination [...] [FN5] shall
be treated as concluded at that time, but
(b) nothing in paragraph
6 above shall require the notice giving or refusing him leave to enter
the United Kingdom to be given within twenty-four hours after that time.
[FN1] In
relation to Guernsey:
21.--
(1) A person liable to detention or
detained under paragraph 16 above may, under
the written authority of an immigration officer, be temporarily admitted to the
Bailiwick of Guernsey without being detained or be released from detention; but
this shall not prejudice a later exercise of the power to detain him.
(2) So long as a person is at large in
the Bailiwick of Guernsey by virtue of this paragraph, he shall be subject to
such restrictions as to residence , as to his employment or occupation and as
to reporting to the police or an immigration officer as may from time to time
be notified to him in writing by an immigration officer.
(2A) The provisions that may be included
in restrictions as to residence imposed under sub-paragraph (2) include
provisions of such a description as may be prescribed by regulations made by
the Secretary of State.
(2B) The regulations may, among other
things, provide for the inclusion of provisions--
(a) prohibiting residence in one or more
particular areas;
(b) requiring the person concerned to
reside in accommodation provided under section 4 of
the Immigration and Asylum Act 1999 and prohibiting him from being
absent from that accommodation except in accordance with the restrictions
imposed on him.
(2C) The regulations may provide that a
particular description of provision may be imposed only for prescribed
purposes.
(2D) The power to make regulations
conferred by this paragraph is exercisable by statutory instrument and includes
a power to make different provision for different cases.
(2E) But no regulations under this
paragraph are to be made unless a draft of the regulations has been laid before
Parliament and approved by a resolution of each House.
(3) Sub-paragraph (4) below applies
where a person who is at large in the Bailiwick of Guernsey by virtue of this
paragraph is subject to a restriction as to reporting to an immigration officer
with a view to the conclusion of his examination under paragraph
2 or 2A above.
(4) If the person fails at any time to
comply with that restriction--
(a) an immigration officer may direct
that the person's examination
[...] [FN2] shall be treated as
concluded at that time, but
(b) nothing in paragraph
6 above shall require the notice giving or refusing him leave to enter
the Bailiwick of Guernsey to be given within twenty-four hours after that time.
[FN2]
words repealed by Immigration and Asylum Act (1999
c.33), Sch 16 Para 1
[FN3] In
relation to the Isle of Man:
21.--
(1) A person liable
to detention or detained under paragraph 16 above may, under the written authority of an
immigration officer, be temporarily admitted to the Isle of Man without being
detained or be released from detention; but this shall not prejudice a later
exercise of the power to detain him.
(2) So long as a person is at large in
the Isle of Man by virtue of this paragraph, he shall be subject to such
restrictions as to residence , as to his employment or occupation and as to
reporting to the police or an immigration officer as may from time to time be notified
to him in writing by an immigration officer.
(2A) The provisions that may be included
in restrictions as to residence imposed under sub-paragraph (2) include
provisions of such a description as may be prescribed by regulations made by
the Secretary of State.
(2B) The regulations may, among other
things, provide for the inclusion of provisions--
(a) prohibiting residence in one or more
particular areas;
(b) requiring the person concerned to
reside in accommodation provided under section 4
of the Immigration and Asylum Act 1999 and prohibiting him from being absent
from that accommodation except in accordance with the restrictions imposed on
him.
(2C) The regulations may provide that a
particular description of provision may be imposed only for prescribed
purposes.
(2D) The power to make regulations
conferred by this paragraph is exercisable by statutory instrument and includes
a power to make different provision for different cases.
(2E) But no regulations under this
paragraph are to be made unless a draft of the regulations has been laid before
Parliament and approved by a resolution of each House.
[FN4] In
relation to Jersey:
21.--
(1) A person liable to detention or
detained under paragraph 16 above may, under
the written authority of an immigration officer, be temporarily admitted to the
Bailiwick of Jersey without being detained or be released from detention; but
this shall not prejudice a later exercise of the power to detain him.
(2) So long as a person is at large in
the Bailiwick of Jersey by virtue of this paragraph, he shall be subject to
such restrictions as to residence , as to his employment or occupation and as
to reporting to the police or an immigration officer as may from time to time
be notified to him in writing by an immigration officer.
(2A) The provisions that may be included
in restrictions as to residence imposed under sub-paragraph (2) include
provisions of such a description as may be prescribed by regulations made by
the Secretary of State.
(2B) The regulations may, among other
things, provide for the inclusion of provisions--
(a) prohibiting residence in one or more
particular areas;
(b) requiring the person concerned to
reside in accommodation provided under section 4 of
the Immigration and Asylum Act 1999 and prohibiting him from being absent from
that accommodation except in accordance with the restrictions imposed on
him.
(2C) The regulations may provide that a
particular description of provision may be imposed only for prescribed
purposes.
(2D) The power to make regulations
conferred by this paragraph is exercisable by statutory instrument and includes
a power to make different provision for different cases.
(2E) But no regulations under this
paragraph are to be made unless a draft of the regulations has been laid before
Parliament and approved by a resolution of each House.
[FN5]
words 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 Sch 2 (I) Para 21
UK ST 1971 c 77 Sch 2 (I) Para 21
Para
22
(1) The following namely--
(a) a person detained under paragraph 16(1) above pending examination; [...] [FN1]
[
(aa) a person detained under paragraph 16(1A) above pending completion of
his examination or a decision on whether to cancel his leave to enter; and
] [FN2]
(b) a person detained under paragraph 16(2) above pending the giving of
directions,
may be released on bail in accordance
with this paragraph.
(1A) An immigration officer not below
the rank of chief immigration officer or an adjudicator may release a person so
detained on his entering into a recognizance or, in Scotland, bail bond
conditioned for his appearance before an immigration officer at a time and
place named in the recognizance or bail bond or at such other time and place as
may in the meantime be notified to him in writing by an immigration officer.
(1B) sub-paragraph (1)(a) above shall
not apply unless seven days have elapsed since the date of the person's arrival
in the United Kingdom.
(2) The conditions of a recognizance or
bail bond taken under this paragraph may include conditions appearing to the
immigration officer or adjudicator to be likely to result in the appearance of
the person bailed at the required time and place; and any recognizance shall be
with or without sureties as the officer or adjudicator may determine.
(3) In any case in which an immigration
officer or adjudicator has power under this paragraph to release a person on
bail, the officer or adjudicator may, instead of taking the bail, fix the
amount and conditions of the bail
(including the amount in which any sureties are to be bound) with a view
to its being taken subsequently by any such person as may be specified by the
officer or adjudicator; and on the recognizance or bail bond being so taken the
person to be bailed shall be released. [FN3] [FN4] [FN5]
[FN1]
added by Immigration and Asylum Act (1999 c.33), Sch
14 Para 63
[FN2]
added by Immigration and Asylum Act (1999 c.33), Sch
14 Para 63
[FN3] In
relation to Guernsey: Sch. 2 para. 22 is repealed.
[FN4] In
relation to the Isle of Man: Sch. 2 para. 22 is repealed.
[FN5] In
relation to Jersey: Sch. 2 para. 22 is repealed.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 22
UK ST 1971 c 77 Sch 2 (I) Para 22
Para
23
(1) Where a
recognizance entered into under paragraph 22 above appears to an
adjudicator to be forfeited, the adjudicator may by order declare it to be
forfeited and adjudge the persons bound thereby, whether as principal or
sureties, or any of them, to pay the sum in which they are respectively bound
or such part of it, if any, as the adjudicator thinks fit; and an order under this
sub-paragraph shall specify a magistrates' court or, in Northern Ireland, court
of summary jurisdiction, and--
(a) the recognizance shall be treated
for the purposed of collection, enforcement and remission of the sum forfeited
as having been forfeited by the court so specified; and
(b) the adjudicator shall, as soon as
practicable, give particulars of the recognizance to the proper officer of that
court.
[
(1A) In sub-paragraph (1) "proper
officer" means--
(a) in relation to a magistrates' court
in England and Wales, the justices' chief executive for the court; and
(b) in relation to a court of summary
jurisdiction in Northern Ireland, the clerk of the court.
] [FN1]
(2) Where a person released on bail
under paragraph 22 above as it applies in Scotland
fails to comply with the terms of his bail bond, and adjudicator may declare
the bail to be forfeited, and any bail so forfeited shall be transmitted
by the adjudicator to the sheriff court having jurisdiction in the area where
the proceedings took place, and shall be treated as having been forfeited by
that court.
(3) Any sum the payment of which is
enforceable by a magistrates' court in England or Wales by virtue of this
paragraph shall be treated for the purposes of the Justices of the Peace Act
1997 and, in particular, section 60 of that
Act, as being due under a recognizance forfeited by such a court.
(4) Any sum the payment of which is
enforceable by virtue of this paragraph by a court of summary jurisdiction in
Northern Ireland shall, for the purposes of section 20(5) of the Administration
of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.
[FN2] [FN3] [FN4]
[FN1]
added by Access to Justice Act (1999 c.22), Sch 13
Para 70 (3)
[FN2] In
relation to Guernsey: Sch. 2 para. 23 is repealed.
[FN3] In
relation to the Isle of Man: Sch. 2 para. 23 is repealed.
[FN4] In
relation to Jersey: Sch. 2 para. 23 is repealed.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 23
UK ST 1971 c 77 Sch 2 (I) Para 23
Para
24
(1) An immigration officer or constable
may arrest without warrant a person who has been released by virtue of paragraph 22 above--
(a) if he has reasonable grounds for
believing that that person is likely to break the condition of his recognizance
or bail bond that he will appear at the time and place required or to break any
other condition of it, or has reasonable ground to suspect that that person is
breaking or has broken any such other condition; or
(b) if, a recognizance with sureties
having been taken, he is notified in writing by any surety of the surety's
belief that that person is likely to break the first-mentioned condition, and
of the surety's wish for that reason to be relieved of his obligations as a
surety;
and paragraph
17(2) above shall apply for the arrest of a person under this paragraph
as it applies for the arrest of a person under paragraph
17.
(2) A person arrested under this
paragraph--
(a) if not required by a condition on
which he was released to appear before an immigration officer within
twenty-four hours after the time of his arrest, shall as soon as practicable be
brought before an adjudicator or, if that is not practicable within those
twenty-four hours, before a justice of the peace acting for the petty sessions
area in which he is arrested or, in Scotland, the sheriff; and
(b) if required by such a condition to
appear within those twenty-four hours before an immigration officer, shall be
brought before that officer.
(3) An adjudicator, justice of the peace
or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a)
above--
(a) if of the opinion that that person
has broken or is likely to break any condition on which he was released, may
either--
(i) direct that he be
detained under the authority of the person by whom he was arrested; or
(ii) release him, on his
original recognizance or on a new recognizance, with or without sureties, or,
in Scotland, on his original bail or on new bail; and
(b) if not of that opinion, shall
release him on his original recognizance or bail. [FN1]
[FN2] [ [FN3]] [FN4]
[FN1] In
relation to Guernsey: Sch. 2 para. 24 is repealed.
[FN2] In
relation to the Isle of Man: Sch. 2 para. 24 is repealed.
[FN3] In
relation to Jersey: Sch. 2 para. 24 is repealed.
[FN4]
modified by SI 1993/1797 (Immigration (Jersey)
Order), Sch 1 (I) Para 20
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 24
UK ST 1971 c 77 Sch 2 (I) Para 24
Para
25
The power to make rules of procedure
conferred by [section 106 of the Nationality, Immigration and Asylum Act
2002 (appeals)] [FN1] shall include power to
make rules with respect to applications to an adjudicator under paragraphs 22 to 24 above and matters arising out of
such applications. [FN2] [FN3] [FN4]
[FN1]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 7 Para 5
[FN2] In
relation to Guernsey: Sch. 2 para. 25 is repealed.
[FN3] In
relation to the Isle of Man: Sch. 2 para. 25 is repealed.
[FN4] In
relation to Jersey: Sch. 2 para. 25 is repealed.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 25
UK ST 1971 c 77 Sch 2 (I) Para 25
Para
25A Entry and search of premises
[
25A.-- Entry and search of premises
(1) This paragraph applies
if--
(a)
a person is arrested under this Schedule; or
(b)
a person who was arrested by a constable (other than under this Schedule) is
detained by an immigration officer under this Schedule.
(2) An immigration officer
may enter and search any premises--
(a)
occupied or controlled by the arrested person, or
(b)
in which that person was when he was arrested, or immediately before he was
arrested,
for relevant documents.
(3) The power may be
exercised--
(a)
only if the officer has reasonable grounds for believing that there are
relevant documents on the premises;
(b)
only to the extent that it is reasonably required for the purpose of
discovering relevant documents; and
(c)
subject to sub-paragraph (4), only if a senior officer has authorised its
exercise in writing.
(4) An immigration officer
may conduct a search under sub-paragraph (2)--
(a)
before taking the arrested person to a place where he is to be detained; and
(b)
without obtaining an authorisation under sub-paragraph (3)(c),
if the presence of that
person at a place other than one where he is to be detained is necessary to
make an effective search for any relevant documents.
(5) An officer who has
conducted a search under sub-paragraph (4) must inform a senior officer as soon
as is practicable.
(6) The officer authorising
a search, or who is informed of one under sub- paragraph (5), must make a
record in writing of--
(a)
the grounds for the search; and
(b)
the nature of the documents that were sought.
(7) An officer searching
premises under sub-paragraph (2)--
(a)
may seize and retain any documents he finds which he has reasonable grounds for
believing are relevant documents; but
(b)
may not retain any such document for longer than is necessary in view of the
purpose for which the person was arrested.
(8) But sub-paragraph
(7)(a) does not apply to documents which the officer has reasonable grounds for
believing are items subject to legal privilege.
(9) "Relevant
documents" means any documents which might--
(a)
establish the arrested person's identity, nationality or citizenship; or
(b)
indicate the place from which he has travelled to the United Kingdom or to
which he is proposing to go.
(10) "Senior
officer" means an immigration officer not below the rank of chief immigration
officer.
] [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 (2)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 25A
UK ST 1971 c 77 Sch 2 (I) Para 25A
Para
25B Searching persons arrested by immigration officers
[
25B.-- Searching persons arrested by
immigration officers
(1) This paragraph applies
if a person is arrested under this Schedule.
(2) An immigration officer
may search the arrested person if he has reasonable grounds for believing that
the arrested person may present a danger to himself or others.
(3) The officer may search
the arrested person for--
(a)
anything which he might use to assist his escape from lawful custody; or
(b)
any document which might--
(i)
establish his identity, nationality or citizenship; or
(ii)
indicate the place from which he has travelled to the United Kingdom or to
which he is proposing to go.
(4) The power conferred by
sub-paragraph (3) may be exercised--
(a)
only if the officer has reasonable grounds for believing that the arrested
person may have concealed on him anything of a kind mentioned in that
sub-paragraph; and
(b)
only to the extent that it is reasonably required for the purpose of
discovering any such thing.
(5) A power conferred by
this paragraph to search a person is not to be read as authorising an officer
to require a person to remove any of his clothing in public other than an outer
coat, jacket or glove; but it does authorise the search of a person's mouth.
(6) An officer searching a
person under sub-paragraph (2) may seize and retain anything he finds, if he
has reasonable grounds for believing that the person searched might use it to cause
physical injury to himself or to another person.
(7) An officer searching a
person under sub-paragraph (3)(a) may seize and retain anything he finds, if he
has reasonable grounds for believing that he might use it to assist his escape
from lawful custody.
(8) An officer searching a
person under sub-paragraph (3)(b) may seize and retain anything he finds, other
than an item subject to legal privilege, if he has reasonable grounds for
believing that it might be a document falling within that sub-paragraph.
(9) Nothing seized under
sub-paragraph (6) or (7) may be retained when the person from whom it was
seized--
(a)
is no longer in custody, or
(b)
is in the custody of a court but has been released on bail.
] [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 134 (2)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 25B
UK ST 1971 c 77 Sch 2 (I) Para 25B
Para
25C Searching persons in police custody
[
25C.-- Searching persons in police
custody
(1) This paragraph applies
if a person--
(a)
has been arrested under this Schedule; and
(b)
is in custody at a police station.
(2) An immigration officer
may, at any time, search the arrested person in order to ascertain whether he has with
him--
(a)
anything which he might use to--
(i)
cause physical injury to himself or others;
(ii)
damage property;
(iii)
interfere with evidence; or
(iv)
assist his escape; or
(b)
any document which might--
(i)
establish his identity, nationality or citizenship; or
(ii)
indicate the place from which he has travelled to the United Kingdom or to
which he is proposing to go.
(3) The power may be
exercised only to the extent that the officer considers it to be necessary for
the purpose of discovering anything of a kind mentioned in sub-paragraph (2).
(4) An officer searching a
person under this paragraph may seize and retain anything he finds, if he has
reasonable grounds for believing that--
(a)
that person might use if for one or more of the purposes mentioned in
sub-paragraph (2)(a); or
(b)
it might be a document falling within sub-paragraph (2)(b).
(5) But the officer may not
retain anything seized under sub-paragraph (2)(a)--
(a)
for longer than is necessary in view of the purpose for which the search was
carried out; or
(b)
when the person from whom it was seized is no longer in custody or is in the
custody of a court but has been released on bail.
(6) The person from whom
something is seized must be told the reason for the seizure unless he is--
(a)
violent or appears likely to become violent; or
(b)
incapable of understanding what is said to him.
(7) An intimate search may
not be conducted under this paragraph.
(8) The person carrying out
a search under this paragraph must be of the same sex as the person searched.
(9) "Intimate
search", has the same meaning as in section
28H(11).
] [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 135 (2)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 25C
UK ST 1971 c 77 Sch 2 (I) Para 25C
Para
25D Access and copying
[
25D.-- Access and copying
(1) If a person showing
himself--
(a)
to be the occupier of the premises on which seized material was seized, or
(b)
to have had custody or control of the material immediately before it was
seized,
asks the immigration
officer who seized the material for a record of what he seized, the officer
must provide the record to that person within a reasonable time.
(2) If a relevant person
asks an immigration officer for permission to be granted access to seized
material, the officer must arrange for that person to have access to the
material under the supervision of an immigration officer.
(3) An immigration officer
may photograph or copy, or have photographed or copied, seized material.
(4) If a relevant person
asks an immigration officer for a photograph or copy of seized material, the
officer must arrange for--
(a)
that person to have access to the material under the supervision of an
immigration officer for the purpose of photographing or copying it; or
(b)
the material to be photographed or copied.
(5) A photograph or copy
made under sub-paragraph (4)(b) must be supplied within a reasonable time.
(6) There is no duty under
this paragraph to arrange for access to, or the supply of a photograph or copy
of, any material if there are reasonable grounds for believing that to do so would
prejudice--
(a)
the exercise of any functions in connection with which the material was seized;
or
(b)
an investigation which is being conducted under this Act, or any criminal
proceedings which may be brought as a result.
(7) "Relevant
person" means--
(a)
a person who had custody or control of seized material immediately before it
was seized, or
(b)
someone acting on behalf of such a person.
(8) "Seized
material" means anything which has been seized and retained under this
Schedule.
] [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 136 (2)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF ST 1971 c 77 Sch 2 (I) Para 25D
UK ST 1971 c 77 Sch 2 (I) Para 25D
Para
25E
[
25E. Section
28L applies for the purposes of this Schedule as it applies for the
purposes of Part III.
] [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 139 (2)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 25E
UK ST 1971 c 77 Sch 2 (I) Para 25E
Para
26
(1) Persons operating international
services shall not, without the approval of the Secretary of State, arrange for
any through train to stop for the purpose of enabling passengers to leave it
except at a terminal control point.
(1A) Sub-paragraph (1) does not apply in
such circumstances, if any, as the Secretary of State may by order prescribe.
(2) The Secretary of State may from time
to time give written notice to persons operating international services
designating all or any through trains as control areas while they are within
any area in the United Kingdom specified in the notice or while they constitute
a control zone.
(3) The Secretary of State may from time
to time give written notice designating a control area-
(a) to the Concessionaires as respects
any part of the tunnel system in the United Kingdom or of a control zone within
the tunnel system in France, or
(b) to any occupier or person concerned
with the management of a terminal control point in the United Kingdom.
[
(3A) The power conferred by
sub-paragraph (1A) is exercisable by statutory instrument; and any such
instrument shall be subject to annulment by a resolution of either House of
Parliament.
] [FN1]
(4) A notice under sub-paragraph (2) or
(3) above may specify conditions and restrictions to be observed in a control
area, and any person to whom such a notice is given shall take all reasonable
steps to secure that any such conditions or restrictions are observed. [FN2] [FN3] [FN4]
[FN1]
added by Immigration and Asylum Act (1999 c.33), Sch
14 Para 64 (4)
[FN2] In
relation to Guernsey:
26.--
(1) The owners or agents of a ship or
aircraft employed to carry passengers for reward shall not, without the
approval of the Lieutenant-Governor, arrange for the ship or aircraft to call
at a port in the Bailiwick of Guernsey other than a port of entry for the
purpose of disembarking passengers, if any of the passengers on board may not
enter the Bailiwick of Guernsey without leave, or for the purpose of embarking
passengers unless the owners or agents have reasonable cause to believe all of
them to be British citizens.
(2) The Lieutenant-Governor may from
time to time give written notice to the owners or agents of any ships or
aircraft designating control areas for the embarkation or disembarkation of
passengers in any port in the Bailiwick of Guernsey, and specifying the
conditions and restrictions (if any) to be observed in any control area; and where
by notice given to any owners or agents a control area is for the time being
designated for the embarkation or disembarkation of passengers at any port, the
owners or agents shall take all reasonable steps to secure that, in the case of
their ships or aircraft, passengers do not embark or disembark, as the case may
be, at the port outside the control area and that any conditions or
restrictions notified to them are observed.
(3) The Lieutenant-Governor may also
from time to time give to any persons concerned with the management of a port
in the Bailiwick of Guernsey written notice designating control areas in the
port and specifying conditions or restrictions to be observed in any control
area; and any such person shall take all reasonable steps to secure that any
conditions or restrictions as notified to him are observed.
[FN3] In
relation to the Isle of Man:
26.--
(1) The owners or agents of a ship or
aircraft employed to carry passengers for reward shall not, without the
approval of the Lieutenant-Governor, arrange for the ship or aircraft to call
at a port in the Isle of Man other than a port of entry for the purpose of
disembarking passengers, if any of the passengers on board may not enter the
Isle of Man without leave, or for the purpose of embarking passengers unless
the owners or agents have reasonable cause to believe all of them to be British
citizens.
(2) The Lieutenant-Governor may from
time to time give written notice to the owners or agents of any ships or
aircraft designating control areas for the embarkation or disembarkation of
passengers in any port in the Isle of Man, and specifying the conditions and
restrictions (if any) to be observed in any control area; and where by notice
given to any owners or agents a control area is for the time being designated
for the embarkation or disembarkation of passengers at any port, the owners or
agents shall take all reasonable steps to secure that, in the case of their
ships or aircraft, passengers do not embark or disembark, as the case may be,
at the port outside the control area and that any conditions or restrictions
notified to them are observed.
(3) The Lieutenant-Governor may also
from time to time give to any persons concerned with the management of a port
in the Isle of Man written notice designating control areas in the port and
specifying conditions or restrictions to be observed in any control area; and
any such person shall take all reasonable steps to secure that any conditions
or restrictions as notified to him are observed.
[FN4] In
relation to Jersey:
26.--
(1) The owners or agents of a ship or
aircraft employed to carry passengers for reward shall not, without the
approval of the Lieutenant-Governor, arrange for the ship or aircraft to call
at a port in the Bailiwick of Jersey other than a port of entry for the purpose
of disembarking passengers, if any of the passengers on board may not enter the
Bailiwick of Jersey without leave, or for the purpose of embarking passengers
unless the owners or agents have reasonable cause to believe all of them to be
British citizens.
(2) The Lieutenant-Governor may from
time to time give written notice to the owners or agents of any ships or
aircraft designating control areas for the embarkation or disembarkation of
passengers in any port in the Bailiwick of Jersey, and specifying the
conditions and restrictions (if any) to be observed in any control area; and
where by notice given to any owners or agents a control area is for the time
being designated for the embarkation or disembarkation of passengers at any
port, the owners or agents shall take all reasonable steps to secure that, in
the case of their ships or aircraft, passengers do not embark or disembark, as
the case may be, at the port outside the control area and that any conditions
or restrictions notified to them are observed.
(3) The Lieutenant-Governor may also
from time to time give to any persons concerned with the management of a port
in the Bailiwick of Jersey written notice designating control areas in the port
and specifying conditions or restrictions to be observed in any control area;
and any such person shall take all reasonable steps to secure that any
conditions or restrictions as notified to him are observed.
GENERAL MATERIALS
Royal Assent date - Long
Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 26
UK ST 1971 c 77 Sch 2 (I) Para 26
Para
27
[
27.--
(1) The train manager of a
through train or shuttle train arriving in the United Kingdom-
(a)
shall take such steps as may be necessary to secure that persons, other than
members of the crew who may lawfully enter the United Kingdom by virtue of section 8(1) of this Act, do not leave the train except in
accordance with any arrangements approved by an immigration officer; and
(b)
where persons are to be examined by an immigration officer on the train, shall
take such steps as may be necessary to secure that they are ready for
examination.
(2) The Secretary of State
may by order made by statutory instrument make provision for train managers of
through trains or shuttle trains arriving in the United Kingdom to furnish to
immigration officers-
(a)
in the case of a through train, a passenger list showing the names and
nationality or citizenship of passengers arriving in the train;
(b)
in any case, particulars of members of the crew of the train;
and for enabling an
immigration officer to dispense with the furnishing of any such list or
particulars. [FN1] [FN2]
[FN3]
] [FN4]
[FN1] In
relation to Guernsey:
27.--
(1) The captain of a ship or aircraft
arriving in the Bailiwick of Guernsey--
(a) shall take such steps as may be
necessary to secure that persons on board do not disembark there unless either
they have been examined by an immigration officer, or they disembark in
accordance with arrangements approved by an immigration officer, or they are members of the crew who may lawfully enter the
Bailiwick of Guernsey without leave by virtue of section 8(1) of this
Act; and
(b) where the examination of persons on
board is to be carried out on the ship or aircraft, shall take such steps as
may be necessary to secure that those to be examined are presented for the
purpose in an orderly manner.
(2) The Lieutenant-Governor may by order
make provision for requiring captains of ships or aircraft arriving in the
Bailiwick of Guernsey, or of such of them as arrive from or by way of countries
or places specified in the order, to furnish to immigration officers--
(a) a passenger list showing the names
and nationality or citizenship of passengers arriving on board the ship or
aircraft;
(b) particulars of members of the crew
of the ship or aircraft;
and for enabling an immigration officer
to dispense with the furnishing of any such list or particulars.
[FN2] In
relation to the Isle of Man:
27.--
(1) The captain of a ship or aircraft
arriving in the Isle of Man--
(a) shall take such steps as may be
necessary to secure that persons on board do not disembark there unless either
they have been examined by an immigration officer, or they disembark in
accordance with arrangements approved by an immigration officer, or they are
members of the crew who may lawfully enter the Isle of Man without leave by
virtue of section 8(1) of this Act; and
(b) where the examination of persons on
board is to be carried out on the ship or aircraft, shall take such steps as
may be necessary to secure that those to be examined are presented for the
purpose in an orderly manner.
(2) The Lieutenant-Governor may by order
make provision for requiring captains of ships or aircraft arriving in the Isle
of Man, or of such of them as arrive from or by way of countries or places
specified in the order, to furnish to immigration officers--
(a) a passenger list showing the names
and nationality or citizenship of passengers arriving on board the ship or
aircraft;
(b) particulars of members of the crew
of the ship or aircraft;
and for enabling an immigration officer
to dispense with the furnishing of any such list or particulars.
[FN3] In
relation to Jersey:
27.--
(1) The captain of a ship or aircraft
arriving in the Bailiwick of Jersey--
(a) shall take such steps as may be
necessary to secure that persons on board do not disembark there unless either
they have been examined by an immigration officer, or they disembark in
accordance with arrangements approved by an immigration officer, or they are
members of the crew who may lawfully enter the Bailiwick of Jersey without
leave by virtue of section 8(1) of this Act; and
(b) where the examination of persons on
board is to be carried out on the ship or aircraft, shall take such steps as
may be necessary to secure that those to be examined are presented for the
purpose in an orderly manner.
(2) The Lieutenant-Governor may by order
make provision for requiring captains of ships or aircraft arriving in the
Bailiwick of Jersey, or of such of them as arrive from or by way of countries
or places specified in the order, to furnish to immigration officers--
(a) a passenger list showing the names
and nationality or citizenship of passengers arriving on board the ship or
aircraft;
(b) particulars of members of the crew
of the ship or aircraft;
and for enabling an immigration officer
to dispense with the furnishing of any such list or particulars.
[FN4]
substituted by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (11) (r)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 27
UK ST 1971 c 77 Sch 2 (I) Para 27
Para
27A
[...] [FN1]
[FN1]
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 Sch 2 (I) Para 27A
UK ST 1971 c 77 Sch 2 (I) Para 27A
Para
27B Passenger information
[
27B.-- Passenger information
(1) This paragraph applies
to ships or aircraft--
(a)
which have arrived, or are expected to arrive, in the United Kingdom; or
(b)
which have left, or are expected to leave, the United Kingdom.
(2) If an immigration
officer asks the owner or agent ("the carrier") of a ship or aircraft for
passenger information, the carrier must provide that information to the
officer.
(3) The officer may ask for
passenger information relating to--
(a)
a particular ship or particular aircraft of the carrier;
(b)
particular ships or aircraft (however described) of the carrier; or
(c)
all of the carrier's ships or aircraft.
(4) The officer may ask for--
(a)
all passenger information in relation to the ship or aircraft concerned; or
(b)
particular passenger information in relation to that ship or aircraft.
(5) A request under
sub-paragraph (2)--
(a)
must be in writing;
(b)
must state the date on which it ceases to have effect; and
(c)
continues in force until that date, unless withdrawn earlier by written notice
by an immigration officer.
(6) The date may not be
later than six months after the request is made.
(7) The fact that a request
under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph
(5) does not prevent the request from being renewed.
(8) The information must be
provided--
(a)
in such form and manner as the Secretary of State may direct; and
(b)
at such time as may be stated in the request.
(9) "Passenger
information" means such information relating to the passengers carried, or
expected to be carried, by the ship or aircraft as may be specified.
(10) "Specified"
means specified in an order made by statutory instrument by the Secretary of
State.
(11) Such an instrument
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
] [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 18
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 27B
UK ST 1971 c 77 Sch 2 (I) Para 27B
Para
27C Notification of non-EEA arrivals
[
27C.-- Notification of non-EEA arrivals
(1) If a senior officer, or
an immigration officer authorised by a senior officer, gives written notice to
the owner or agent ("the carrier") of a ship or aircraft, the carrier
must inform a relevant officer of the expected arrival in the United Kingdom of
any ship or aircraft--
(a)
of which he is the owner or agent; and
(b)
which he expects to carry a person who is not an EEA national.
(2) The notice may relate
to--
(a)
a particular ship or particular aircraft of the carrier;
(b)
particular ships or aircraft (however described) of the carrier; or
(c)
all of the carrier's ships or aircraft.
(3) The notice--
(a)
must state the date on which it ceases to have effect; and
(b)
continues in force until that date, unless withdrawn earlier by written notice
given by a senior officer.
(4) The date may not be
later than six months after the notice is given.
(5) The fact that a notice
under sub-paragraph (1) has ceased to have effect as a result of sub-paragraph
(3) does not prevent the notice from being renewed.
(6) The information must be
provided--
(a)
in such form and manner as the notice may require; and
(b)
before the ship or aircraft concerned departs for the United Kingdom.
(7) If a ship or aircraft
travelling to the United Kingdom stops at one or more places before arriving in
the United Kingdom, it is to be treated as departing for the United Kingdom
when it leaves the last of those places.
(8) "Senior
officer" means an immigration officer not below the rank of chief
immigration officer.
(9) "Relevant
officer" means--
(a)
the officer who gave the notice under sub-paragraph (1); or
(b)
any immigration officer at the port at which the ship or aircraft concerned is
expected to arrive.
(10) "EEA
national" means a national of a State which is a Contracting Party to the
Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it
has effect for the time being.
] [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 19
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (I) Para 27C
UK ST 1971 c 77 Sch 2 (I) Para 27C
Para
28
[...] [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 Sch 2 (II) Para 28
UK ST 1971 c 77 Sch 2 (II) Para 28
Para
29
(1) Where a person (in the following
provisions of this Schedule referred to as "an appellant") has an
appeal pending under Part 5 of the Nationality, Immigration and Asylum Act 2002
and is for the time being detained under Part I of this Schedule, he may be
released on bail in accordance with this paragraph.
(2) An immigration officer not below the
rank of chief immigration officer or a police officer not below the rank of
inspector may release an appellant on his entering into a recognizance or, in
Scotland, bail bond conditioned for his appearance before an adjudicator or the
[Immigration Appeal Tribunal] [FN1] at a time
and place named in the recognizance or bail bond.
(3) An adjudicator may release an
appellant on his entering into a recognizance or, in Scotland, bail bond
conditioned for his appearance before that or any other adjudicator or the
[Immigration Appeal Tribunal] [FN2] at a time
and place named in the recognizance or bail bond; and where an adjudicator
dismisses an appeal but grants leave to the appellant to appeal to the
Tribunal, or, in a case in which leave to appeal is not required, the appellant
has duly given notice of appeal to the Tribunal, the adjudicator shall, if the
appellant so requests, exercise his powers under this sub- paragraph.
(4) Where an appellant has duly applied
for leave to appeal to the
[Immigration Appeal Tribunal] [FN3], the
Tribunal may release him on his entering into a recognizance or, in Scotland,
bail bond conditioned for his appearance before the Tribunal at a time and
place named in the recognizance or bail bond; and where--
(a) the Tribunal grants leave to an
appellant to appeal to the Tribunal; or
(b) in a case in which leave to appeal
is not required, the appellant has
duly given notice of appeal to the Tribunal;
the Tribunal shall, if the appellant so
requests, release him as aforesaid.
(5) The conditions of a recognizance or
bail bond taken under this paragraph may include conditions appearing to the
person fixing the bail to be likely to result in the appearance of the
appellant at the time and place named; and any recognizance shall be with or
without sureties as that person may determine.
(6) In any case in which an adjudicator
or the Tribunal has power or is required by this paragraph to release an
appellant on bail, the adjudicator or Tribunal may, instead of taking the bail,
fix the amount and conditions of the bail (including the amount in which any
sureties are to be bound) with a view to its being taken subsequently by any
such person as may be specified by the adjudicator or the Tribunal; and on the
recognizance or bail bond being so taken the appellant shall be released. [FN4] [FN5] [FN6]
[FN1]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 7 Para 6 (b)
[FN2]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 7 Para 6 (b)
[FN3]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 7 Para 6 (b)
[FN4] In
relation to the Isle of Man: Sch.2 para.29 is repealed.
[FN5] In
relation to Jersey: Sch. 2 para. 29 is repealed.
[FN6] In
relation to Guernsey: Sch. 2 para. 29 is repealed.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (II) Para 29
UK ST 1971 c 77 Sch 2 (II) Para 29
Para
30
(1) An appellant
shall not be released under paragraph 29 above without the consent of the
Secretary of State if directions for the removal of the appellant from the
United
Kingdom are for the time being in force, or the power to give such directions
is for the time being exercisable.
(2) Notwithstanding
paragraph 29(3) or (4) above, an adjudicator and the Tribunal shall not be obliged to
release an appellant unless the appellant enters into a proper recognizance,
with sufficient and satisfactory sureties if required, or in Scotland
sufficient and satisfactory bail is found if so required; and an adjudicator
and the Tribunal shall not be obliged to release an appellant if it appears to
the adjudicator or the Tribunal, as the case may be--
(a) that the
appellant, having on any previous occasion been released on bail (whether under
paragraph 24
or under any other provision), has failed to comply with the conditions of any
recognizance or bail bond entered into by him on that occasion;
(b) that the appellant is likely to
commit an offence unless he is retained in detention;
(c) that the release of the appellant
is likely to cause danger to public health;
(d) that the appellant is suffering
from mental disorder and that his continued detention is necessary in his own
interests or for the protection of any other person; or
(e) that the appellant is under the age
of seventeen, that arrangements ought to be made for his care in the event of
his release and that no satisfactory arrangements for that purpose have been
made. [FN1] [FN2]
[ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man: Sch.2 para.30 is repealed.
[FN2] In
relation to Jersey: Sch. 2 para. 30 is repealed.
[FN3] In
relation to Guernsey: Sch. 2 para. 30 is repealed.
[FN4]
repealed by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (I) Para 20 (u)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (II) Para 30
UK ST 1971 c 77 Sch 2 (II) Para 30
Para
31
(1) Where under paragraph
29 above (as it applies in England and Wales or in Northern Ireland) a
recognizance is entered into conditioned for the appearance of an appellant
before an adjudicator or the Tribunal, and it appears to the adjudicator or the
Tribunal, as the case may be, to be forfeited, the adjudicator or Tribunal may
by order declare it to be forfeited and adjudge the persons bound thereby,
whether as principal or sureties, or any of them, to pay the sum in which they
are respectively bound or such part of it, if any, as the adjudicator or
Tribunal thinks fit.
(2) An order under this paragraph shall,
for the purposes of this sub- paragraph, specify a magistrates' court or, in
Northern Ireland, court of summary jurisdiction; and the recognizance shall be
treated for the purposes of collection, enforcement and remission of the sum
forfeited as having been forfeited by the court so specified.
(3) Where an adjudicator or the Tribunal
makes an order under this paragraph the adjudicator or Tribunal shall, as soon
as practicable, give particulars of the recognizance to the proper officer of
the court specified in the order in pursuance of sub-paragraph (2) above.
[
(3A) In sub-paragraph (3) "proper
officer" means--
(a) in relation to a magistrates' court
in England and Wales, the justices' chief executive for the court; and
(b) in relation to a court of summary
jurisdiction in Northern Ireland, the clerk of the court.
] [FN1]
(4) Any sum the payment of which is enforceable
by a magistrates' court in England or Wales by virtue of this paragraph shall
be treated for the purposes of the Justices of the Peace Act 1997 and, in
particular, section 60 of that Act, as being
due under a recognizance forfeited by such a court
(5) Any sum the payment of which is
enforceable by virtue of this paragraph by a court of summary jurisdiction in
Northern Ireland shall, for the purposes of section 20(5) of the Administration
of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.
[FN2] [FN3] [FN4]
[FN1]
added by Access to Justice Act (1999 c.22), Sch 13
Para 70 (5)
[FN2] In
relation to the Isle of Man: Sch.2 para.31 is repealed.
[FN3] In
relation to Jersey: Sch. 2 para. 31 is repealed.
[FN4] In
relation to Guernsey: Sch. 2 para. 31 is repealed.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (II) Para 31
UK ST 1971 c 77 Sch 2 (II) Para 31
Para
32
Where under
paragraph 29 above (as it applies in Scotland) a person released on bail fails
to comply with the terms of a bail bond conditioned for his appearance
before an adjudicator or the Tribunal, the adjudicator or Tribunal may declare
the bail to be forfeited, and any bail so forfeited shall be transmitted by the
adjudicator or the Tribunal to the sheriff court having jurisdiction in the
area where the proceedings took place, and shall be treated as having been
forfeited by that court. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man: Sch.2 para.32 is repealed.
[FN2] In
relation to Jersey: Sch. 2 para. 32 is repealed.
[FN3] In
relation to Guernsey: Sch. 2 para. 32 is repealed.
[FN4] repealed by SI 1993/1796 (Immigration (Guernsey) Order),
Sch 1 (I) Para 20 (u)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (II) Para 32
UK ST 1971 c 77 Sch 2 (II) Para 32
Para
33
(1) An immigration officer or constable
may arrest without warrant a person who has been released by virtue of this Part
of this Schedule--
(a) if he has reasonable grounds for
believing that that person is likely to break the condition of his recognizance
or bail bond that he will appear at the time and place required or to break any
other condition of it, or has reasonable ground to suspect that that person is
breaking or has broken any such other condition; or
(b) if, a recognizance with sureties
having been taken, he is notified in writing by any surety of the surety's
belief that that person is likely to break the first-mentioned condition, and
of the surety's wish for that reason to be relieved of his obligations as a
surety;
and paragraph 17(2)
above shall apply
for the arrest of a person under this paragraph as it applies for the arrest of
a person under paragraph 17.
(2) A person arrested under this
paragraph--
(a) if not required by a condition on
which he was released to appear before an adjudicator or Tribunal within
twenty-four hours after the time of his arrest, shall as soon as practicable be
brought before an adjudicator or, if that is not practicable within those
twenty-four hours, before a justice of the peace acting for the petty sessions
area in which he is arrested or, in Scotland, the sheriff; and
(b) if required by such a condition to
appear within those twenty-four hours before an adjudicator or before the
Tribunal, shall be brought before that adjudicator or before the Tribunal, as
the case may be.
(3) An adjudicator, justice of the peace
or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a)
above--
(a) if of the opinion that that person
has broken or is likely to break any condition on which he was released, may either--
(i) direct that he be
detained under the authority of the person by whom he was arrested; or
(ii) release him on his
original recognizance or on a new recognizance, with or without sureties, or,
in Scotland, on his original bail or on new bail; and
(b) if not of that opinion, shall
release him on his original recognizance or bail. [FN1]
[FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man: Sch.2 para.33 is repealed.
[FN2] In
relation to Jersey: Sch. 2 para. 33 is repealed.
[FN3] In
relation to Guernsey: Sch. 2 para. 33 is repealed.
[FN4]
repealed by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (I) Para 20 (u)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (II) Para 33
UK ST 1971 c 77 Sch 2 (II) Para 33
Para
34
(1) Paragraph 22
above shall apply in relation to a person--
(a) directions for whose removal from
the United Kingdom are for the time being in force, and
(b) who is for the time being detained
under Part I of this Schedule
as it applies in relation to a person
detained under paragraph 16(1) above pending
examination[, detained under paragraph 16(1A)
above pending completion of his examination or a decision on whether to cancel
his leave to enter] [FN1] or detained under paragraph 16(2) above pending the giving of directions.
(2) Paragraph 23 to
25 above shall apply as if any reference to paragraph 22 above included a
reference to that paragraph as it applies by virtue of this paragraph.
[FN1]
words added by Immigration and Asylum Act (1999
c.33), Sch 14 Para 67
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 2 (II) Para 34
UK ST 1971 c 77 Sch 2 (II) Para 34
Para
1
(1) Where a deportation order is in
force against any person who arrived in the United Kingdom through the tunnel
system, the Secretary of State may give directions for his removal to a country
or territory specified in the directions being either--
(a) a country of which he is a national
or citizen; or
(b) a country or territory to which
there is reason to believe that he will be admitted.
(2) The directions under sub-paragraph
(1) above may be either--
(a) directions given to the captain of
a ship or aircraft about to leave the United Kingdom requiring him to remove
the person in question in that ship or aircraft; or
(b) directions given to the owners or
agents of any ship or aircraft requiring them to make arrangements for his
removal in a ship or aircraft specified or indicated in the directions; or
(bb) directions to the person operating
the international service by which the person in question arrived ("the
carrier") requiring the carrier to make arrangements for the removal of
the person in question through the tunnel system; or
(c) directions for his removal in
accordance with arrangements to be made by the Secretary of State.
(3) In relation to directions given
under this paragraph, paragraphs 11 and 16(4) of
Schedule 2 to this Act shall apply, with the substitution of references
to the Secretary of State for references to an immigration officer, as they
apply in relation to directions for removal given under
paragraph 8 of that Schedule.
(4) The Secretary of State, if he thinks
fit, may apply in or towards payment of the expenses of or incidental to the
voyage [or journey ] [FN1]from the United
Kingdom of a person against whom a deportation order is in force, or the
maintenance until departure of such a person and his dependants, if any, any
money belonging to that person; and except so far as they are paid as
aforesaid, those expenses shall be shall be defrayed by the Secretary of State.
[FN2] [FN3] [FN4]
[FN1]
words added by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 4 Para 1 (12) (c)
[FN2] In
relation to the Isle of Man:
1.--
(1) Where a deportation order is in
force against any person, the Lieutenant- Governor may give directions for his
removal to a country or territory specified in the directions being either--
(a) a country of which he is a national
or citizen; or
(b) a country or territory to which
there is reason to believe that he will be admitted.
(2) The directions under sub-paragraph
(1) above may be either--
(a) directions given to the captain of a
ship or aircraft about to leave the Isle of Man requiring him to remove the
person in question in that ship or aircraft; or
(b) directions given to the owners or
agents of any ship or aircraft requiring them to make arrangements for his
removal in a ship or aircraft specified or indicated in the directions; or
(c) directions for his removal in accordance
with arrangements to be made by the Lieutenant-Governor.
(3) In relation to directions given
under this paragraph, paragraphs 11 and 16(4) of Schedule 2 to this Act shall apply, with
the substitution of references to the Lieutenant-Governor for references to an
immigration officer, as they apply in relation to directions for removal given
under paragraph 8 of that Schedule.
(4) The Lieutenant-Governor, if he
thinks fit, may apply in or towards payment of the expenses of or incidental to
the voyage from the Isle of Man of a person against whom a deportation order is
in force, or the maintenance until departure of such a person and his
dependants, if any, any money belonging to that person; and except so far as
they are paid as aforesaid, those expenses shall be shall be defrayed by the
Lieutenant-Governor.
[FN3] In
relation to Guernsey:
1.--
(1) Where a deportation order is in
force against any person, the Lieutenant- Governor may give directions for his
removal to a country or territory specified in the directions being either--
(a) a country of which he is a national
or citizen; or
(b) a country or territory to which
there is reason to believe that he will be admitted.
(2) The directions under sub-paragraph
(1) above may be either--
(a) directions given to the captain of a
ship or aircraft about to leave the Bailiwick of Guernsey requiring him to
remove the person in question in that ship or aircraft; or
(b) directions given to the owners or
agents of any ship or aircraft requiring them to make arrangements for his
removal in a ship or aircraft specified or indicated in the directions; or
(c) directions for his removal in
accordance with arrangements to be made by the Lieutenant-Governor.
(3) In relation to directions given
under this paragraph, paragraphs 11 and 16(4) of
Schedule 2 to this Act shall apply, with the substitution of references
to the Lieutenant-Governor for references to an immigration officer, as they
apply in relation to directions for removal given under
paragraph 8 of that Schedule.
(4) The Board, if it thinks fit, may
apply in or towards payment of the expenses of or incidental to the voyage from
the Bailiwick of Guernsey of a person against whom a deportation order is in
force, or the maintenance until departure of such a person and his dependants,
if any, any money belonging to that person; and except so far as they are paid
as aforesaid, those expenses shall be shall be defrayed by the Board.
[FN4] In
relation to Jersey:
1.--
(1) Where a deportation order is in
force against any person, the Lieutenant- Governor may give directions for his
removal to a country or territory specified in the directions being either--
(a) a country of which he is a national
or citizen; or
(b) a country or territory to which
there is reason to believe that he will be admitted.
(2) The directions under sub-paragraph
(1) above may be either--
(a) directions given to the captain of a
ship or aircraft about to leave the Bailiwick of Jersey requiring him to remove
the person in question in that ship or aircraft; or
(b) directions given to the owners or
agents of any ship or aircraft requiring them to make arrangements for his
removal in a ship or aircraft specified or indicated in the directions; or
(c) directions for his removal in
accordance with arrangements to be made by the Lieutenant-Governor.
(3) In relation to directions given
under this paragraph, paragraphs 11 and 16(4) of
Schedule 2 to this Act shall apply, with the substitution of references
to the Lieutenant-Governor for references to an immigration officer, as they
apply in relation to directions for removal given under paragraph 8 of that Schedule.
(4) The Committee, if it thinks fit, may
apply in or towards payment of the expenses of or incidental to the voyage from
the Bailiwick of Jersey of a person against whom a deportation order is in
force, or the maintenance until departure of such a person and his dependants,
if any, any money belonging to that person; and except so far as they are paid
as aforesaid, those expenses shall be shall be defrayed by the Secretary of
State.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 3 Para 1
UK ST 1971 c 77 Sch 3 Para 1
Para
2
(1) Where a recommendation for
deportation made by a court is in force in respect of any person, and that
person is neither detained in pursuance of the sentence or order of any court
nor for the time being released on bail by any court having power so to release
him, he shall, unless the court by which the recommendation is made otherwise
directs or a direction is given under sub- paragraph (1A) below, be detained
pending the making of a deportation order in pursuance of the recommendation,
unless the Secretary of State directs him to be released pending further
consideration of his case or he is released on bail.
(1A) Where--
(a) a recommendation for deportation
made by a court on conviction of a person is in force in respect of him; and
(b) he appeals against his conviction
or against that recommendation,
the powers that the court determining
the appeal may exercise include power to direct him to be released without
setting aside the recommendation.
(2) Where notice has been given to a
person in accordance with regulations under [section
105 of the Nationality, Immigration and Asylum Act 2002 (notice of
decision)] [FN1] of a decision to make a
deportation order against him, and he is neither detained in pursuance of the
sentence or order of a court nor for the time being released on bail by a court
having power so to release him, he may be detained under the authority of the
Secretary of State pending the making of the deportation order.
(3) Where a deportation order is in
force against any person, he may be detained under the authority of the
Secretary of State pending his removal or departure from the United Kingdom
(and if already detained by virtue of sub- paragraph (1) or (2) above when the
order is made, shall continue to be detained unless he is released on bail or
the Secretary of State directs otherwise).
(4) In relation to detention under
sub-paragraph (2) or (3) above, paragraphs 17, 18 and
25A to 25E of Schedule 2 to this Act shall
apply as they apply in relation to detention under
paragraph 16 of that Schedule.
(4A) Paragraphs
22 to 25 of Schedule 2 to this Act apply in relation to a person detained under sub-paragraph (1), (2) or (3) as
they apply in relation to a person detained under paragraph 16 of that Schedule.
(5) A person to whom this sub-paragraph
applies shall be subject to such restrictions as to residence , as to his
employment or occupation and as to reporting to the police or an immigration
officer as may from time to time be notified to him in writing by the Secretary
of State.
(6) The persons to whom sub-paragraph
(5) above applies are--
(a) a person liable to be detained
under sub-paragraph (1) above, while by virtue of a direction of the Secretary
of State he is not so detained; and
(b) a person liable to be detained
under sub-paragraph (2) or (3) above, while he is not so detained. [FN2] [FN3] [FN4]
[FN1]
words substituted by Nationality, Immigration and
Asylum Act (2002 c.41), Sch 7 Para 7
[FN2] In
relation to the Isle of Man:
2.--
(1) Where a recommendation for
deportation made by a court is in force in respect of any person, and that
person is neither detained in pursuance of the sentence or order of any court
nor for the time being released on bail by any court having power so to release
him, he shall, unless the court by which the recommendation is made otherwise
directs or a direction is given under sub- paragraph (1A) below, be detained
pending the making of a deportation order in pursuance of the recommendation,
unless the Lieutenant-Governor directs him to be released pending further
consideration of his case or he is released on bail.
(1A) Where--
(a) a recommendation for deportation
made by a court on conviction of a person is in force in respect of him; and
(b) he appeals against his conviction or
against that recommendation,
the powers that the court determining
the appeal may exercise include power to direct him to be released without
setting aside the recommendation.
(3) Where a deportation order is in
force against any person, he may be detained under the authority of the
Lieutenant-Governor pending his removal or departure from the Isle of Man (and
if already detained by virtue of sub- paragraph (1) above when the order is
made, shall continue to be detained unless he is released on bail or the
Lieutenant-Governor directs otherwise).
(4) In relation to detention under
sub-paragraph (3) above, paragraphs 17 and 18 of Schedule 2 to this Act shall
apply as they apply in relation to detention under paragraph 16 of that
Schedule.
(4A) Paragraphs 22 to 25 of Schedule 2
to this Act apply in relation to a person detained under sub-paragraph (1), (2)
or (3) as they apply in relation to a person detained under paragraph 16 of
that Schedule.
(5) A person to whom this sub-paragraph
applies shall be subject to such restrictions as to residence , as to his
employment or occupation and as to reporting to the police as may from time to
time be notified to him in writing by the Lieutenant-Governor.
(6) The persons to whom sub-paragraph
(5) above applies are--
(a) a person liable to be detained under
sub-paragraph (1) above, while by virtue of a direction of the
Lieutenant-Governor he is not so detained; and
(b) a person liable to be detained under
sub-paragraph (3) above, while he is not so detained.
[FN3] In
relation to Guernsey:
2.--
(1) Where a recommendation for
deportation made by a court is in force in respect of any person, and that
person is neither detained in pursuance of the sentence or order of any court
nor for the time being released on bail by any court having power so to release
him, he shall, unless the court by which the recommendation is made otherwise
directs or a direction is given under sub- paragraph (1A) below, be detained
pending the making of a deportation order in pursuance of the recommendation,
unless the Lieutenant-Governor directs him to be released pending further
consideration of his case or he is released on bail.
(1A) Where--
(a) a recommendation for deportation
made by a court on conviction of a person is in force in respect of him; and
(b) he appeals against his conviction or
against that recommendation,
the powers that the court determining
the appeal may exercise include power to direct him to be released without
setting aside the recommendation.
(3) Where a deportation order is in
force against any person, he may be detained under the authority of the
Lieutenant-Governor pending his removal or departure from the Bailiwick of
Guernsey (and if already detained by virtue of sub-paragraph (1) above when the
order is made, shall continue to be detained unless he is released on bail or
the Secretary of State directs otherwise).
(4) In relation to detention under
sub-paragraph (3) above, paragraphs 17 and 18 of Schedule 2 to this Act shall
apply as they apply in relation to detention under paragraph 16 of that
Schedule.
(4A) Paragraphs 22 to 25 of Schedule 2
to this Act apply in relation to a person detained under sub-paragraph (1), (2)
or (3) as they apply in relation to a person detained under paragraph 16 of
that Schedule.
(5) A person to whom this sub-paragraph
applies shall be subject to such restrictions as to residence, as to his
employment or occupation and as to reporting to the police as may from time to
time be notified to him in writing by the Lieutenant-Governor.
(6) The persons to whom sub-paragraph
(5) above applies are--
(a) a person liable to be detained under
sub-paragraph (1) above, while by virtue of a direction of the
Lieutenant-Governor he is not so detained; and
(b) a person liable to be detained under
sub-paragraph (3) above, while he is not so detained.
[FN4] In
relation to Jersey:
2.--
(1) Where a recommendation for
deportation made by a court is in force in respect of any person, and that person
is neither detained in pursuance of the sentence or order of any court nor for
the time being released on bail by any court having power so to release him, he
shall, unless the court by which the recommendation is made otherwise directs
or a direction is given under sub- paragraph (1A) below, be detained pending
the making of a deportation order in pursuance of the recommendation, unless
the Lieutenant-Governor directs him to be released pending further
consideration of his case or he is released on bail.
(1A) Where--
(a) a recommendation for deportation
made by a court on conviction of a person is in force in respect of him; and
(b) he appeals against his conviction or
against that recommendation,
the powers that the court determining
the appeal may exercise include power to direct him to be released without
setting aside the recommendation.
(3) Where a deportation order is in
force against any person, he may be detained under the authority of the
Lieutenant-Governor pending his removal or departure from the Bailiwick of
Jersey (and if already detained by virtue of sub-paragraph (1) above when the
order is made, shall continue to be detained unless he is released on bail or
the Lieutenant-Governor directs otherwise).
(4) In relation to detention under
sub-paragraph (3) above, paragraphs 17 and 18 of Schedule 2 to this Act shall
apply as they apply in relation to detention under paragraph 16 of that
Schedule.
(4A) Paragraphs 22 to 25 of Schedule 2
to this Act apply in relation to a person detained under sub-paragraph (1), (2)
or (3) as they apply in relation to a person detained under paragraph 16 of
that Schedule.
(5) A person to whom this sub-paragraph
applies shall be subject to such restrictions as to residence , as to his
employment or occupation and as to reporting to the police as may from time to
time be notified to him in writing by the Lieutenant-Governor.
(6) The persons to whom sub-paragraph
(5) above applies are--
(a) a person liable to be detained under
sub-paragraph (1) above, while by virtue of a direction of the
Lieutenant-Governor he is not so detained; and
(b) a person liable to be detained under
sub-paragraph (3) above, while he is not so detained.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 3 Para 2
UK ST 1971 c 77 Sch 3 Para 2
Para
3
[
3. So far as they relate to an appeal
under section 82(1) of the Nationality, Immigration and Asylum Act
2002 against a decision of the kind referred to in section
82(2)(j) or (k) of that Act (decision to make deportation order and
refusal to revoke deportation order), paragraphs 29
to 33 of Schedule 2 to this Act shall apply for the purposes of this
Schedule as if the reference in paragraph 29(1) to Part I of that Schedule were
a reference to this Schedule.
] [FN1]
[FN1]
substituted by Nationality, Immigration and Asylum
Act (2002 c.41), Sch 7 Para 8
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 3 Para 3
UK ST 1971 c 77 Sch 3 Para 3
Para
4
[
4. Where the release of a person
recommended for deportation is directed by a court, he shall be subject to such
restrictions as to residence[, as to his employment or occupation] [FN1] and as to reporting to the police as the court
may direct.
] [FN2]
Notes:
Act amended by Immigration Act 1988
(c.14), s. 7(3)
[FN1]
Words inserted by Immigration Act 1988 (c. 14), s. 10 Sch. para. 10(2)(4)
[FN2]
Paras. 4-10 added by Criminal Justice Act 1982 (c.48), s. 64, Sch. 10 para. 2
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 3 Para 4
UK ST 1971 c 77 Sch 3 Para 4
Para
5
(1) On an application made--
(a) by or on behalf of a person
recommended for deportation whose release was so directed; or
(b) by a constable; or
(c) by an immigration officer,
the appropriate court shall have the
powers specified in sub-paragraph (2) below. [FN1]
[ [FN2]] [FN3]
(2) The powers mentioned in
sub-paragraph (1) above are--
(a) if the person to whom the
application relates is not subject to any such restrictions, imposed by a court
as are mentioned in paragraph 4 above, to order
that he shall be subject to any such restrictions as the court may direct; and
(b) if he is subject to such
restrictions imposed by a court by virtue of that paragraph or this paragraph--
(i) to direct that any of
them shall be varied or shall cease to have effect; or
(ii) to give further
directions as to his residence and reporting.
[FN1] In
relation to Guernsey:
(1) On an application made--
(a) by or on behalf of a person
recommended for deportation whose release was so directed; or
(b) by a police officer; or
(c) by an immigration officer,
the appropriate court shall have the
powers specified in sub-paragraph (2) below.
[FN2] In
relation to Jersey:
(1) On an application made--
(a) by or on behalf of a person
recommended for deportation whose release was so directed; or
(b) by a police officer; or
(c) by an immigration officer,
the appropriate court shall have the
powers specified in sub-paragraph (2) below.
[FN3]
words substituted by SI 1993/1797 (Immigration
(Jersey) Order), Sch 1 (I) Para 21 (d)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 3 Para 5
UK ST 1971 c 77 Sch 3 Para 5
Para
6
(1) In this Schedule "the
appropriate court" means, except in a case to which sub-paragraph (2)
below applies, the court which directed release.
(2) This sub-paragraph applies where the
court which directed release was--
(a) the Crown Court;
(b) the Court of Appeal;
(c) the High Court of Justiciary;
(d) the Crown Court in Northern
Ireland; or
(e) the Court of Appeal in Northern
Ireland.
(3) Where the Crown Court or the Crown
Court in Northern Ireland directed release, the appropriate court is--
(a) the court that directed release; or
(b) a magistrates' court acting for the
commission area or county court division where the person to whom the
application relates resides.
(4) Where the Court of Appeal or the
Court of Appeal in Northern Ireland gave the direction, the appropriate court
is the Crown Court or the Crown Court in Northern Ireland, as the case may be.
(5) Where the High Court of Judiciary
directed release, the appropriate court is--
(a) that court; or
(b) in a case where release was
directed by that court on appeal, the court from which the appeal was made. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
6.--
(1) In this Schedule "the
appropriate court" means -
(a) where the court which directed
release was a court of summary jurisdiction, a court of summary jurisdiction;
(b) where the court which directed
release was the Court of General Gaol Delivery, that Court;
(c) where the court which directed
release was the Staff of Government Division on appeal from the Court of
General Gaol Delivery, that Division or that Court;
(d) where the court which directed
release was the staff of Government Division on appeal from a court of summary
jurisdiction, that Division or a court of summary jurisdiction.
(2) In this paragraph "the Staff of
Government Division" means the Staff of Government Division of Her
Majesty's High Court of Justice of the Isle of Man.
[FN2] In
relation to Guernsey:
6. In this Schedule "the
appropriate court" means the court which directed release.
[FN3] In
relation to Jersey:
6. In this Schedule "the
appropriate court" means the court which directed release.
[FN4]
substituted by SI 1993/1797 (Immigration (Jersey)
Order), Sch 1 (I) Para 21 (e)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 3 Para 6
UK ST 1971 c 77 Sch 3 Para 6
Para
7
(1) A constable or immigration officer
may arrest without warrant any person who is subject to restrictions imposed by
a court under this Schedule and who at the time of the arrest is in the
relevant part of the United Kingdom--
(a) if he has reasonable grounds to
suspect that that person is contravening or has contravened any of those
restrictions; or
(b) if he has reasonable grounds for
believing that that person is likely to contravene any of them.
(2) In sub-paragraph (1) above "the
relevant part of the United Kingdom" means --
(a) England and Wales, in a case where
a court with jurisdiction in England or Wales imposed the restrictions;
(b) Scotland, in a case where a court
with jurisdiction in Scotland imposed them; and
(c) Northern Ireland, in a case where a
court in Northern Ireland imposed them.
[FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
7.--
(1) A constable or immigration officer
may arrest without warrant any person who is subject to restrictions imposed by
a court under this Schedule and who at the time of the arrest is in the Isle of
Man--
(a) if he has reasonable grounds to
suspect that that person is contravening or has contravened any of those
restrictions; or
(b) if he has reasonable grounds for
believing that that person is likely to contravene any of them.
[FN2] In
relation to Jersey:
7.--
(1) A police officer or immigration
officer may arrest without warrant any person who is subject to restrictions
imposed by a court under this Schedule and who at the time of the arrest is in
the Bailiwick of Jersey--
(a) if he has reasonable grounds to
suspect that that person is contravening or has contravened any of those
restrictions; or
(b) if he has reasonable grounds for
believing that that person is likely to contravene any of them.
[FN3] In
relation to Guernsey:
7.--
(1) A police officer or immigration
officer may arrest without warrant any person who is subject to restrictions
imposed by a court under this Schedule and who at the time of the arrest is in
any part of the Bailiwick of Guernsey--
(a) if he has reasonable grounds to
suspect that that person is contravening or has contravened any of those
restrictions; or
(b) if he has reasonable grounds for
believing that that person is likely to contravene any of them.
[FN4]
modified by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (I) Para 21 (f)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 3 Para 7
UK ST 1971 c 77 Sch 3 Para 7
Para
8
(1) A person arrested in England or
Wales or Northern Ireland in pursuance of paragraph 7
above shall be brought as soon as practicable and in any event within 24
hours after his arrest before a justice of the peace for the petty sessions
area or district in which he was arrested. [FN1]
[ [FN2]] [FN3]
(2) In reckoning for the purposes of
this paragraph any period of 24 hours, no account shall be taken of Christmas
Day, Good Friday or any Sunday. [FN4]
[FN1] In
relation to Jersey:
(1) A person arrested in the Bailiwick
of Jersey in pursuance of paragraph 7 above
shall be brought before a Jurat as soon as practicable and in any event within
24 hours after his arrest.
[FN2] In
relation to Guernsey:
(1) A person arrested in any part of the
Bailiwick of Guernsey in pursuance of paragraph 7
above shall be brought as soon as practicable and in any event within 24
hours after his arrest before--
(a) if he was arrested in the Island of
Guernsey, the Magistrate;
(b) if he was arrested in the Island of
Alderney, the Chairman of the Court of Alderney;
(c) if he was arrested in the Island of
Sark, the Seneschal of Sark.
[FN3]
substituted by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (I) Para 21 (g)
[FN4] In
relation to the Isle of Man:
8.--
(1) A person arrested
in the Isle of Man in pursuance of paragraph 7 above shall be brought as
soon as practicable and in any event within 24 hours after his arrest before a
justice of the peace.
(2) In reckoning for the purposes of
this paragraph any period of 24 hours, no account shall be taken of Christmas
Day, Good Friday or any Sunday.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 3 Para 8
UK ST 1971 c 77 Sch 3 Para 8
Para
9
(1) A person arrested in Scotland in pursuance of paragraph 7 above shall wherever practicable
be brought before the appropriate court not later than in the course of the
first day after his arrest, such day not being
a Saturday, a Sunday or a court holiday prescribed for that court under section
10 of the Bail etc. (Scotland) Act 1980.
(2) Nothing in this paragraph shall
prevent a person arrested in Scotland being brought before a court on a
Saturday, a Sunday or such a court holiday as is
mentioned in sub-paragraph (1) above where the court is, in pursuance of
section 10 of the said Act of 1980, sitting on such day for the disposal
of criminal business. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man: para.9 is repealed.
[FN2] In
relation to Guernsey: para 9 is repealed.
[FN3] In
relation to Jersey: para 9 is repealed.
[FN4]
repealed by SI 1993/1797 (Immigration (Jersey)
Order), Sch 1 (I) Para 21 (h)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF ST 1971 c 77 Sch 3 Para 9
UK ST 1971 c 77 Sch 3 Para 9
Para
10
Any justice of the peace or court before
whom a person is brought by virtue of paragraph 8 or
9 above--
(a) if of the opinion that that person
is contravening, has contravened or is likely to contravene any restriction
imposed on him by a court under this Schedule, may direct--
(i) that he be detained; or
(ii) that he be released
subject to such restrictions as to his residence and reporting to the police as
the court may direct; and
(b) if not of that opinion, shall
release him without altering the restrictions as to his residence and his
reporting to the police. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
10. Any justice of the peace before whom
a person is brought by virtue of paragraph 8 above--
(a) if of the opinion that that person
is contravening, has contravened or is likely to contravene any restriction
imposed on him by a court under this Schedule, may direct--
(i) that he be detained; or
(ii) that he be released subject to such
restrictions as to his residence and reporting to the police as the court may
direct; and
(b) if not of that opinion, shall
release him without altering the restrictions as to his residence and his
reporting to the police.
[FN2] In
relation to Jersey:
10. Any Jurat before whom a person is
brought by virtue of paragraph 8 above--
(a) if of the opinion that that person
is contravening, has contravened or is likely to contravene any restriction
imposed on him by a court under this Schedule, may direct--
(i) that he be detained; or
(ii) that he be released subject to such
restrictions as to his residence and reporting to the police as the Jurat may
direct; and
(b) if not of that opinion, shall
release him without altering the restrictions as to his residence and his
reporting to the police.
[FN3] In
relation to Guernsey:
10. The Magistrate, the Chairman of the
Court of Alderney or the Seneschal of Sark, as the case may be, before whom a
person is brought by virtue of paragraph 8 above--
(a) if of the opinion that that person
is contravening, has contravened or is likely to contravene any restriction
imposed on him by a court under this Schedule, may direct--
(i) that he be detained; or
(ii) that he be released subject to such
restrictions as to his residence and reporting to the police as the court may
direct; and
(b) if not of that opinion, shall
release him without altering the restrictions as to his residence and his
reporting to the police.
[FN4]
words substituted by SI 1993/1796 (Immigration
(Guernsey) Order), Sch 1 (I) Para 21 (h) (i)
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 3 Para 10
UK ST 1971 c 77 Sch 3 Para 10
Para
1
(1) Where under the immigration laws of
any of the Islands a person is or has been given leave to enter or remain in
the island, or is or has been refused leave, this Act shall have effect in
relation to him, if he is not a British citizen, as if the leave were leave (of
like duration) given under this Act to enter or remain in the United Kingdom,
or, as the case may be, as if he had under this Act been refused leave to enter
the United Kingdom.
(2) Where under the immigration laws of
any of the Islands a person has a limited leave to enter or remain in the
island subject to any such conditions as are authorised in the United Kingdom by section 3(1) of this Act (being conditions
imposed by notice given to him, whether the notice of leave or a subsequent
notice), then on his coming to the United Kingdom this Act shall apply, if he
is not a British citizen, as if those conditions related to his stay in the
United Kingdom and had been imposed by notice under this Act.
(3) Without prejudice to the generality
of sub-paragraphs (1) and (2) above, anything having effect in the United
Kingdom by virtue of either of those sub- paragraphs may in relation to the
United Kingdom be varied or revoked under this Act in like manner, and subject
to the like appeal (if any), as if it had originated under this Act as
mentioned in that sub-paragraph.
(4) Where anything having effect in the
United Kingdom by virtue of sub- paragraph (1) or (2) above ceases to have
effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise
by anything done under this Act, sub-paragraph (1) or (2) shall not thereafter
apply to it or, as the case may be, shall apply to it as so altered in effect.
(5) Nothing in this paragraph shall be
taken as conferring on a person a right of appeal under this Act against any decision
or action taken in any of the Islands. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
1.--
(1) Where under the immigration laws of
the United Kingdom or any of the Channel Islands a person is or has been given
leave to enter or remain in the island or, as the case may be, the United
Kingdom, or is or has been refused leave, this Act shall have effect in
relation to him, if he is not a British citizen, as if the leave were leave (of
like duration) given under this Act to enter or remain in the Isle of Man, or,
as the case may be, as if he had under this Act been refused leave to enter the
Isle of Man.
(2) Where under the immigration laws of
the United Kingdom or any of the Channel Islands a person has a limited leave
to enter or remain in the island or, as the case may be, the United Kingdom, subject to any such conditions as are authorised
in the Isle of Man by section 3(1) of this Act (being conditions imposed
by notice given to him, whether the notice of leave or a subsequent notice),
then on his coming to the Isle of Man this Act shall apply, if he is not a
British citizen, as if those conditions related to his stay in the Isle of Man
and had been imposed by notice under this Act.
(3) Without prejudice to the generality
of sub-paragraphs (1) and (2) above, anything having effect in the Isle of Man
by virtue of either of those sub- paragraphs may in relation to the Isle of Man
be varied or revoked under this Act in like manner, as if it had originated
under this Act as mentioned in that sub-paragraph.
(4) Where anything having effect in the
Isle of Man by virtue of sub- paragraph (1) or (2) above ceases to have effect
or is altered in effect as mentioned in sub-paragraph (3) or otherwise by
anything done under this Act, sub-paragraph (1) or (2) shall not thereafter
apply to it or, as the case may be, shall apply to it as so altered in effect.
[FN2] In
relation to Guernsey:
1.--
(1) Where under the immigration laws of
the United Kingdom, the Bailiwick of Jersey or the Isle of Man a person is or
has been given leave to enter or remain in the island, or, as the case may be,
the United Kingdom, or is or has been refused leave, this Act shall have effect
in relation to him, if he is not a British citizen, as if the leave were leave
(of like duration) given under this Act to enter or remain in the Bailiwick of
Guernsey, or, as the case may be, as if he had under this Act been refused
leave to enter the Bailiwick of Guernsey.
(2) Where under the immigration laws of
the United Kingdom, the Bailiwick of Jersey or the Isle of Man a person has a
limited leave to enter or remain in the island or, as the case may be, the United Kingdom, subject to any such
conditions as are authorised in the Bailiwick of Guernsey by section 3(1) of
this Act (being conditions imposed by notice given to him, whether the notice
of leave or a subsequent notice), then on his coming to the Bailiwick of
Guernsey this Act shall apply, if he is not a British citizen, as if those
conditions related to his stay in the Bailiwick of Guernsey and had been
imposed by notice under this Act; and for the purposes of this sub-paragraph a
condition requiring a person to register with the police or any other body or
person shall be treated as a condition requiring him to register as provided under section 4(3) of this Act.
(3) Without prejudice to the generality
of sub-paragraphs (1) and (2) above, anything having effect in the Bailiwick of
Guernsey by virtue of either of those sub-paragraphs may in relation to the
Bailiwick of Guernsey be varied or revoked under this Act in like manner, as if
it had originated under this Act as mentioned in that sub-paragraph.
(4) Where anything having effect in the
Bailiwick of Guernsey by virtue of sub-paragraph (1) or (2) above ceases to
have effect or is altered in effect as mentioned in sub-paragraph (3) or
otherwise by anything done under this Act, sub-paragraph (1) or (2) shall not
thereafter apply to it or, as the case may be, shall apply to it as so altered
in effect.
[FN3] In
relation to Jersey:
1.--
(1) Where under the immigration laws of
the United Kingdom, the Bailiwick of Guernsey or the Isle of Man a person is or
has been given leave to enter or remain in the island, or, as the case may be,
the United Kingdom or is or has been refused leave, this Act shall have effect
in relation to him, if he is not a British citizen, as if the leave were leave
(of like duration) given under this Act to enter or remain in the Bailiwick of
Jersey, or, as the case may be, as if he had under this Act been refused leave
to enter the Bailiwick of Jersey.
(2) Where under the immigration laws of
the United Kingdom, the Bailiwick of Guernsey or the Isle of Man a person has a
limited leave to enter or remain in the island or, as the case may be, the
United Kingdom subject to any such conditions as are authorised in the
Bailiwick of Jersey by section 3(1) of this
Act (being conditions imposed by notice given to him, whether the notice of
leave or a subsequent notice), then on his coming to the Bailiwick of Jersey
this Act shall apply, if he is not a British citizen, as if those conditions
related to his stay in the Bailiwick of Jersey and had been imposed by notice
under this Act; and for the purposes of this sub-paragraph a condition
requiring a person to register with the police or any other body or person
shall be treated as a condition requiring him to register under section 4(3) of this Act.
(3) Without prejudice to the generality
of sub-paragraphs (1) and (2) above, anything having effect in the Bailiwick of
Jersey by virtue of either of those sub-paragraphs may in relation to the
Bailiwick of Jersey be varied or revoked under this Act in like manner, as if
it had originated under this Act as mentioned in that sub-paragraph.
(4) Where anything having effect in the
Bailiwick of Jersey by virtue of sub- paragraph (1) or (2) above ceases to have
effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise
by anything done under this Act, sub-paragraph (1) or (2) shall not thereafter
apply to it or, as the case may be, shall apply to it as so altered in effect.
[FN4] modified by SI 1993/1797 (Immigration (Jersey) Order), Sch
1 (I) Para 22
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 4 Para 1
UK ST 1971 c 77 Sch 4 Para 1
Para
2
Notwithstanding
section 3(4)
of this Act, leave given to a person under this Act to enter or remain in the
United Kingdom shall not continue to apply on his return to the United Kingdom
after an absence if he has during that absence entered any of the Islands in
circumstances in which he is required under the immigration laws of that island
to obtain leave to enter. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
2. Notwithstanding
section 3(4) of this Act, leave given to a person under this Act to
enter or remain in the Isle of Man shall not continue to apply on his return to
the Isle of Man after an absence if he has during that absence entered the
United Kingdom or any of the Channel Islands in circumstances in which he is
required under the immigration laws of that island or, as the case may be, the
United Kingdom, to obtain leave to enter.
[FN2] In
relation to Guernsey:
2. Notwithstanding section 3(4) of this Act, leave given to a person
under this Act to enter or remain in the Bailiwick of Guernsey shall not
continue to apply on his return to the Bailiwick of Guernsey after an absence
if he has during that absence entered the United Kingdom, the Bailiwick of
Jersey or the Isle of Man in circumstances in which he is required under the
immigration laws of that island or, as the case may be, the United Kingdom, to
obtain leave to enter.
[FN3] In
relation to Jersey:
2. Notwithstanding section 3(4) of this Act, leave given to a person
under this Act to enter or remain in the Bailiwick of Jersey shall not continue
to apply on his return to the Bailiwick of Jersey after an absence if he has
during that absence entered the United Kingdom, the Bailiwick of Guernsey or
the Isle of Man in circumstances in which he is required under the immigration
laws of that island or, as the case may be, the United Kingdom, to obtain leave
to enter.
[FN4]
modified by SI 1993/1797 (Immigration (Jersey)
Order), Sch 1 (I) Para 22
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 4 Para 2
UK ST 1971 c 77 Sch 4 Para 2
Para
3
(1) Subject to sub-paragraph (2) below,
where under the immigration laws of any of the Islands, a person is or has been
ordered to leave the island and forbidden to return, then, if he is not a
British citizen, this Act shall have effect in relation to him as if the order
were a deportation order made against him under this Act.
(2) The Secretary of State shall not by
virtue of sub-paragraph (1) above have power to revoke a deportation order made
in any of the Islands, but may in any particular case direct that sub-paragraph
(1) shall not apply in relation to an order so made; and nothing in this
paragraph shall render it unlawful for a person in respect of whom such an
order is in force in any of the Islands to enter the United Kingdom on his way
from that island to a place outside the United Kingdom. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
3.--
(1) Subject to sub-paragraph (2) below,
where under the immigration laws of the United Kingdom or any of the Channel
Islands, a person is or has been ordered to leave the island or, as the case
may be, the United Kingdom, and forbidden to return, then, if he is not a
British citizen, this Act shall have effect in relation to him as if the order
were a deportation order made against him under this Act.
(2) The Lieutenant-Governor shall not by
virtue of sub-paragraph (1) above have power to revoke a deportation order made
in the United Kingdom or any of the Channel Islands, but may in any particular
case direct that sub-paragraph (1) shall not apply in relation to an order so
made; and nothing in this paragraph shall render it unlawful for a person in
respect of whom such an order is in force in any of the Islands to enter the
Isle of Man on his way from that island or, as the case may be, the United
Kingdom, to a place outside the Isle of Man.
[FN2] In
relation to Guernsey:
3.--
(1) Subject to sub-paragraph (2) below,
where under the immigration laws of the United Kingdom, the Bailiwick of Jersey
or the Isle of Man, a person is or has been ordered to leave the island or, as
the case may be, the United Kingdom, and forbidden to return, then, if he is
not a British citizen, this Act shall have effect in relation to him as if the
order were a deportation order made against him under this Act.
(2) The Lieutenant-Governor shall not by
virtue of sub-paragraph (1) above have power to revoke a deportation order made
in the United Kingdom, the Bailiwick of Jersey or the Isle of Man, but may in
any particular case direct that sub-paragraph (1) shall not apply in relation
to an order so made; and nothing in this paragraph shall render it unlawful for
a person in respect of whom such an order is in force in the United Kingdom,
the Bailiwick of Jersey or the Isle of Man to enter the Bailiwick of Guernsey
on his way from that island or, as the case may be, the United Kingdom, to a
place outside the Bailiwick of Guernsey.
[FN3] In
relation to Jersey:
3.--
(1) Subject to sub-paragraph (2) below,
where under the immigration laws of the United Kingdom, the Bailiwick of
Guernsey or the Isle of Man, a person is or has been ordered to leave the
island or, as the case may be, the United Kingdom, and forbidden to return,
then, if he is not a British citizen, this Act shall have effect in relation to
him as if the order were a deportation order made against him under this Act.
(2) The Lieutenant-Governor shall not by
virtue of sub-paragraph (1) above have power to revoke a deportation order made
in the United Kingdom, the Bailiwick of Guernsey or the Isle of Man, but may in
any particular case direct that sub-paragraph (1) shall not apply in relation
to an order so made; and nothing in this paragraph shall render it unlawful for
a person in respect of whom such an order is in force in the United Kingdom,
the Bailiwick of Guernsey or the Isle of Man to enter the Bailiwick of Jersey
on his way from that island to a place outside the Bailiwick of Jersey.
[FN4] modified by SI 1993/1797 (Immigration (Jersey) Order), Sch
1 (I) Para 22
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 4 Para 3
UK ST 1971 c 77 Sch 4 Para 3
Para
4
Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a
person who is nota British citizen to enter the United Kingdom from any
of the Islands where his presence was unlawful under the immigration laws of
that islands, unless he is given leave to enter. [FN1]
[FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
4. Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for
a person who is nota British citizen to enter the Isle of Man from the United
Kingdom or any of the Channel Islands where his presence was unlawful under the
immigration laws of that islands, unless he is given leave to enter.
[FN2] In
relation to Guernsey:
4. Notwithstanding anything in section 1(3) of this Act, it shall not be lawful
for a person who is not a British citizen to enter the Bailiwick of Guernsey
from the United Kingdom, the Bailiwick of Jersey or the Isle of Man where his
presence was unlawful under the immigration laws of that islands, unless he is
given leave to enter.
[FN3] In
relation to Jersey:
4. Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for
a person who is not a British citizen to enter the Bailiwick of Jersey from the
United Kingdom, the Bailiwick of Guernsey or the Isle of Man where his presence
was unlawful under the immigration laws of that islands, unless he is given
leave to enter.
[FN4]
modified by SI 1993/1797 (Immigration (Jersey)
Order), Sch 1 (I) Para 22
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 4 Para 4
UK ST 1971 c 77 Sch 4 Para 4
Para
1
[...] [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 Sch 5 (I) Para 1
UK ST 1971 c 77 Sch 5 (I) Para 1
Para
2
[...] [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 Sch 5 (I) Para 2
UK ST 1971 c 77 Sch 5 (I) Para 2
Para
3
[...] [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 Sch 5 (I) Para 3
UK ST 1971 c 77 Sch 5 (I) Para 3
Para
4
[...] [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 Sch 5 (I) Para 4
UK ST 1971 c 77 Sch 5 (I) Para 4
Para
5
[...] [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 Sch 5 (I) Para 5
UK ST 1971 c 77 Sch 5 (I) Para 5
Para
6
[...] [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 Sch 5 (II) Para 6
UK ST 1971 c 77 Sch 5 (II) Para 6
Para
7
[...] [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 Sch 5 (II) Para 7
UK ST 1971 c 77 Sch 5 (II) Para 7
Para
8
[...] [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 Sch 5 (II) Para 8
UK ST 1971 c 77 Sch 5 (II) Para 8
Para
9
[...] [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 Sch 5 (II) Para 9
UK ST 1971 c 77 Sch 5 (II) Para 9
Para
10
[...] [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 Sch 5 (II) Para 10
UK ST 1971 c 77 Sch 5 (II) Para 10
Para
11
[...] [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 Sch 5 (II) Para 11
UK ST 1971 c 77 Sch 5 (II) Para 11
Para
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 Sch 5 (II) Para 12
UK ST 1971 c 77 Sch 5 (II) Para 12
Para
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 Sch 5 (II) Para 13
UK ST 1971 c 77 Sch 5 (II) Para 13
Para
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 Sch 5 (II) Para 14
UK ST 1971 c 77 Sch 5 (II) Para 14
Para
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 Sch 5 (III) Para 15
UK ST 1971 c 77 Sch 5 (III) Para 15
Para
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 Sch 5 (III) Para 16
UK ST 1971 c 77 Sch 5 (III) Para 16
Para
1
<Table
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Notes:
Act amended by Immigration Act 1988
(c.14), s. 7(3)
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Sch 6 Para 1
UK ST 1971 c 77 Sch 6 Para 1