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Immigration Act 1971

Type Public General Act
Publication 1971-10-28
Last updated 2025-12-02
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
845

Word in s. 28FA(1)(c) substituted (28.6.2022 save in so far as it relates to the insertion of s. 24(E1), otherwise prosp.) by Nationality and Borders Act 2022 (c. 36), ss. 40(7)(b), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 20 (with Sch. 2 para. 7)

861

Words in s. 33(1) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 75(4), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 26 (which amendment is extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/1112, arts. 1(1), 2, Schs. 1, 2; and extended (with modifications) (Guernsey) (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/1138, arts. 1(1), 2, Schs. 1, 2)

880

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

881

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

882

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

883

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

884

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

885

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

886

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

887

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

888

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

893

Ss. 11A, 11B inserted (28.4.2022 for specified purposes, 12.4.2023 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 43(1), 87(1)(4)(d); S.I. 2023/283, reg. 3(a)

925

Sch. 2 para. 16(2C)-(2P) inserted (20.7.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 11(2), 68(1)(4)(d) (with s. 55(9))

934

S. 88AA omitted and treated as never having been in force (retrospectively) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 41(2), 42(1)(b), 65(3)(a)

939

Sch. 3 para. 2(2)(2A) substituted for Sch. 3 para. 2(2) (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(2), 65(3)(b)

940

Words in Sch. 3 para. 2(3A) substituted (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(3), 65(3)(b)

941

Words in Sch. 3 para. 2(3B) inserted (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(4), 65(3)(b)

942

Words in Sch. 3 para. 2(3D) inserted (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(5), 65(3)(b)

General principles.

Financial support for organisations helping persons with rights of appeal.

Deception.

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

Possession of immigration stamp

Possession of immigration stamp

Possession of immigration stamp

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Business premises: entry to arrest

Search and arrest without warrant.

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry and search of premises.

Irish citizens

Financial support for organisations helping persons with rights of appeal.

Illegal entry and similar offences.

Illegal entry and similar offences.

Financial support for organisations helping persons with rights of appeal.

Search and arrest by warrant.

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

Proceedings.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Search for personnel records: with warrant

Exceptions for seamen, aircrews and other special cases.

Financial support for organisations helping persons with rights of appeal.

Search and arrest by warrant.

Helping asylum-seeker to enter United Kingdom

Search and arrest by warrant.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part III.

Financial support for organisations helping persons with rights of appeal.

Deception.

Helping asylum-seeker to enter United Kingdom

25D
  • (1) If a person has been arrested for an offence under section 25 or 25A, 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—
  • (ia) if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;
  • (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, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;
  • (iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.
  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.

Possession of immigration stamp

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