Legalize / United Kingdom / Public General Act

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

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to assist the officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision.

Reasonable force

30

A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

31

A relevant officer must produce evidence of the officer's authority if asked to do so.

Protection of relevant officers

32

A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

33

(1) A person commits an offence under the law of Northern Ireland if the person—

(a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Northern Ireland if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.

Entry of premises to search for driving licence

25CA

(1) An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person—

(a) is in possession of a driving licence, and

(b) is not lawfully resident in the United Kingdom.

(2) The authorised officer may enter and search any premises—

(a) occupied or controlled by the person, or

(b) in which the person was when the person was encountered by the officer,

for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the authorised officer has reasonable grounds for believing that the driving licence is on the premises,

(b) only to the extent that it is reasonably required for the purpose of discovering the driving licence, and

(4) Sub-paragraph (3)(c) does not apply where it is not reasonably practicable for the authorised officer to obtain the authorisation of a senior officer before exercising the power.

(5) An authorised officer who has conducted a search in reliance on sub-paragraph (4) must inform a senior officer as soon as is practicable.

(6) The senior officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of the grounds for the search.

(7) In this paragraph and paragraphs 25CB and 25CC—

“authorised officer” means—an immigration officer,a constable, ora person of a kind authorised for the purposes of this paragraph and paragraphs 25CB and 25CC by the Secretary of State;

“driving licence”—means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part II of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), andincludes a licence of that kind which has been revoked;

“senior officer” means—in relation to an authorised officer who is an immigration officer, an immigration officer not below the rank of chief immigration officer;in relation to an authorised officer other than an immigration officer, a person of a kind designated by the Secretary of State for the purposes of this paragraph in relation to an authorised officer of that kind.

(8) For the purposes of this paragraph and paragraphs 25CB and 25CC a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

Searching persons for driving licences

25CB

(1) An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person—

(a) is in possession of a driving licence, and

(b) is not lawfully resident in the United Kingdom.

(2) The authorised officer may search the person for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the authorised officer has reasonable grounds for believing that the driving licence may be concealed on the person, and

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

(4) An intimate search may not be carried out under sub-paragraph (2).

(5) In sub-paragraph (4) “intimate search” has the same meaning as in section 28H(11).

Seizure and retention of driving licence

25CC

(1) If an authorised officer who is exercising a power to search a person or premises finds a driving licence to which this sub-paragraph applies in the course of the search, the officer may seize and retain the licence.

(2) Sub-paragraph (1) applies to a driving licence if—

(a) the authorised officer finds the licence in the possession of a person who the authorised officer has reasonable grounds for believing is not lawfully resident in the United Kingdom, or

(b) the authorised officer has reasonable grounds for believing that the holder of the licence is not lawfully resident in the United Kingdom.

(3) A driving licence seized under sub-paragraph (1) must, as soon as practicable, be given to—

(a) the Secretary of State, in the case of a licence granted by the Secretary of State, or

(b) the Department for Infrastructure for Northern Ireland, in the case of a licence granted by the Department.

(4) A person who is in possession of a driving licence by virtue of sub-paragraph (3) must retain it if—

(a) it has not been revoked,

(b) it has been revoked but the time limit for an appeal against revocation of the licence has not expired, or

(5) A driving licence which is required to be retained under sub-paragraph (4) must be retained—

(a) until a decision is taken not to revoke it, or

(b) if it has been or is subsequently revoked—

(i) until the time limit for an appeal against revocation of the licence expires without an appeal being brought, or

(ii) until such an appeal is determined.

(6) A driving licence which is in the possession of a person by virtue of sub-paragraph (3) but which is not required to be retained under sub-paragraphs (4) and (5) must be returned to the holder if—

(a) a decision is taken not to revoke the licence, or

(b) an appeal against revocation of the licence is determined in favour of the holder.

(7) Otherwise the driving licence may be dealt with in such manner as that person thinks fit.

(8) Neither the Secretary of State nor the Department for Infrastructure for Northern Ireland is obliged to re-issue a licence which has been seized and retained under this paragraph.

(9) References in this paragraph to an appeal against the revocation of a licence are to—

(a) an appeal under section 100 of the Road Traffic Act 1988, in the case of a licence granted by the Secretary of State, or

(b) an appeal under Article 16 of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), in the case of a licence granted by the Department for Infrastructure for Northern Ireland.

(10) References in this paragraph to the holder of a driving licence, in relation to a licence that has been revoked, include the person who was the holder of the licence before it was revoked.

Interpretation of Part III.

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3ZA

(1) An Irish citizen does not require leave to enter or remain in the United Kingdom, unless subsection (2), (3) or (4) applies to that citizen.

(2) This subsection applies to an Irish citizen if the Irish citizen is subject to a deportation order made under section 5(1).

(3) This subsection applies to an Irish citizen if—

(a) the Secretary of State has issued directions for the Irish citizen not to be given entry to the United Kingdom on the ground that the Irish citizen's exclusion is conducive to the public good,

(b) the Secretary of State has given the Irish citizen notice of the directions, and

(4) This subsection applies to an Irish citizen if the Irish citizen is an excluded person for the purposes of section 8B (persons excluded under certain instruments).

(5) Where subsection (2), (3) or (4) applies to an Irish citizen, section 1(3) does not permit the Irish citizen to enter the United Kingdom without leave on arriving in the United Kingdom on a local journey from any place in the common travel area.

Short title and extent.

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Relevant person for purposes of paragraph 3

3A

(1) For the purposes of paragraph 3, a person is a “relevant person”—

(a) if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of relevant entry clearance immigration rules;

(b) if the person has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(c) if the person may be granted leave to enter or remain in the United Kingdom as a person who has a right to enter the United Kingdom by virtue of —

(i) Article 32(1)(b) of the EU withdrawal agreement;

(ii) Article 31(1)(b) of the EEA EFTA separation agreement, or

(iii) Article 26(a)(1)(b) of the Swiss citizens’ rights agreement,

whether or not the person has been granted such leave, or

(d) if the person may enter the United Kingdom by virtue of regulations made under section 8 of the European Union (Withdrawal Agreement) Act 2020 (frontier workers), whether or not the person has entered by virtue of those regulations.

(2) In this paragraph—

“EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

“relevant entry clearance immigration rules” and “residence scheme immigration rules” have the meanings given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

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11A

(1) An “offshore worker” is a person who arrives in United Kingdom waters—

(a) for the purpose of undertaking work in those waters, and

(b) without first entering the United Kingdom (see, in particular, section 11(1)).

But see subsection (6).

(2) An offshore worker arrives in the United Kingdom for the purposes of this Act when they arrive in United Kingdom waters as mentioned in subsection (1)(a).

(3) An offshore worker enters the United Kingdom for the purposes of this Act when they commence working in United Kingdom waters.

(4) Any reference in, or in a provision made under, the Immigration Acts to a person arriving in or entering the United Kingdom, however expressed, is to be read as including a reference to an offshore worker arriving in or entering the United Kingdom as provided for in subsection (2) or (3).

(5) References in this section to work, or to a person working, are to be read in accordance with section 24B(10).

(6) A person is not an offshore worker if they arrive in United Kingdom waters while working as a member of the crew of a ship that is—

(a) exercising the right of innocent passage through the territorial sea or the right of transit passage through straits used for international navigation, or

(b) passing through United Kingdom waters from non-UK waters to a place in the United Kingdom or vice versa.

(7) For the purposes of any provision of, or made under, the Immigration Acts, a person working in United Kingdom waters who, in connection with that work, temporarily enters non-UK waters is not to be treated by virtue of doing so as leaving, or being outside, the United Kingdom.

(8) In this section—

“non-UK waters” means the sea beyond the seaward limits of the territorial sea;

“right of innocent passage”, “right of transit passage” and “straits used for international navigation” are to be read in accordance with the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of the Nationality and Borders Act 2022 that have entered into force in relation to the United Kingdom;

“the territorial sea” means the territorial sea adjacent to the United Kingdom;

“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea.

11B

(1) The Secretary of State may by regulations make provision for and in connection with requiring—

(a) an offshore worker, or

(b) if an offshore worker has one, their sponsor;

to give notice to the Secretary of State or an immigration officer of the dates on which the offshore worker arrives in, enters and leaves the United Kingdom.

(2) The regulations may make provision for the failure of an offshore worker to comply with a requirement imposed under the regulations to be a ground for—

(a) the cancellation or variation of their leave to enter or remain in the United Kingdom;

(b) refusing them leave to enter or remain in the United Kingdom.

(3) The failure of an offshore worker’s sponsor to comply with a requirement imposed under the regulations may be taken into account by the Secretary of State when operating immigration skills arrangements made with the sponsor.

(4) Regulations under this section—

(a) are to be made by statutory instrument;

(b) may make different provision for different cases;

(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) For the purposes of this section—

(a) “offshore worker” has the same meaning as in section 11A;

(b) a person is an offshore worker’s “sponsor” if they have made immigration skills arrangements with the Secretary of State in relation to the offshore worker;

PART 1A — Electronic travel authorisations

Electronic travel authorisations

11C

(1) In this Act, “an ETA” means an authorisation in electronic form to travel to the United Kingdom.

(2) Immigration rules may require an individual of a description specified in the rules not to travel to the United Kingdom from any place (including a place in the common travel area), whether with a view to entering the United Kingdom or to passing through it without entering, unless the individual has an ETA that is valid for the individual’s journey to the United Kingdom.

(3) The rules may not impose this requirement on an individual if—

(a) the individual is a British citizen, or

(b) the individual would, on arrival in the United Kingdom, be entitled to enter without leave.

(4) In relation to an individual travelling to the United Kingdom on a local journey from a place in the common travel area, subsection (3)(b) applies only if the individual would also be entitled to enter without leave if the journey were instead from a place outside the common travel area.

(5) The rules may impose the requirement mentioned in subsection (2) on an individual who—

(a) travels to the United Kingdom on a local journey from a place in any of the Islands, and

(b) has leave to enter or remain in that island,

only if it appears to the Secretary of State necessary to do so by reason of differences between the immigration laws of the United Kingdom and that island.

(6) The rules must—

(a) provide for the form or manner in which an application for an ETA may be made, granted or refused;

(b) specify the conditions (if any) which must be met before an application for an ETA may be granted;

(d) specify the criteria to be applied in determining—

(i) the period for which an ETA is valid;

(ii) the number of journeys to the United Kingdom during that period for which it is valid (which may be unlimited);

(e) require an ETA to include provision setting out the matters mentioned in paragraph (d)(i) and (ii);

(f) provide for the form or manner in which an ETA may be varied or cancelled;

(g) specify the grounds on which an ETA must or may be varied or cancelled.

(7) The rules may also—

(a) provide for exceptions to the requirement described in subsection (2), and

(b) make other provision relating to ETAs.

(8) Rules made by virtue of this section may make different provision for different cases or descriptions of case.

11D

(1) The Secretary of State may by regulations make provision about the effects in the United Kingdom of the grant or refusal under the law of any of the Islands of an authorisation in electronic form to travel to that island.

(2) Regulations under subsection (1) may in particular make provision about—

(a) the recognition in the United Kingdom of an authorisation granted as mentioned in subsection (1);

(b) the conditions or limitations that are to apply in the United Kingdom to such an authorisation;

(c) the effects in the United Kingdom of such an authorisation being varied or cancelled under the law of any of the Islands;

(d) the circumstances in which the Secretary of State or an immigration officer may vary or cancel such an authorisation (so far as it applies in the United Kingdom).

(3) The Secretary of State may, where requested to do so by any of the Islands, carry out functions on behalf of that island in relation to the granting of authorisations in electronic form to travel to that island.

(4) Regulations under subsection (1)—

(a) may make provision modifying the effect of any provision of, or made under, this Act or any other enactment (whenever passed or made);

(b) may make different provision for different purposes;

(d) may make incidental, supplementary or consequential provision.

(5) Regulations under subsection (1) are to be made by statutory instrument.

(6) A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

25BA

(1) A person does not commit a facilitation offence if the act of facilitation was an act done by or on behalf of, or co-ordinated by—

(a) Her Majesty’s Coastguard, or

(b) an overseas maritime search and rescue authority exercising similar functions to those of Her Majesty’s Coastguard.

(2) In proceedings for a facilitation offence, it is a defence for the person charged with the offence to show that—

(a) the assisted individual had been in danger or distress at sea, and

(b) the act of facilitation was an act of providing assistance to the individual at any time between—

(i) the time when the assisted individual was first in danger or distress at sea, and

(ii) the time when the assisted individual was delivered to a place of safety on land.

(3) For the purposes of subsection (2), the following are not to be treated as an act of providing assistance—

(a) the act of delivering the assisted individual to the United Kingdom in circumstances where—

(i) the United Kingdom was not the nearest place of safety on land to which the assisted individual could have been delivered, and

(ii) the person charged with the offence did not have a good reason for delivering the assisted individual to the United Kingdom instead of to a nearer place of safety on land;

(b) the act of steering a ship in circumstances where the person charged with the offence was on the same ship as the assisted individual at the time when the individual was first in danger or distress at sea.

(4) A person is taken to have shown a fact mentioned in subsection (2) if—

(a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(5) In this section—

“act of facilitation”—in relation to an offence under section 25 (assisting unlawful immigration), means the act mentioned in subsection (1)(a) of that section;in relation to an offence under section 25A (helping asylum-seeker to enter the UK), means the act of facilitating the arrival (or attempted arrival) in, or entry (or attempted entry) into, the United Kingdom of an individual, as mentioned in subsection (1)(a) of that section;in relation to an offence under section 25B(1) (facilitating breach of deportation order), means the act mentioned in subsection (1)(a) of that section;in relation to an offence under section 25B(3) (assisting entry to UK in breach of an exclusion order), means the act mentioned in subsection (3)(a) of that section;

“assisted individual”—in relation to an offence under section 25, means the individual whose breach (or attempted breach) of immigration law is facilitated by the act of facilitation;in relation to an offence under section 25A, means the individual whose arrival (or attempted arrival) in, or entry (or attempted entry) into, the United Kingdom is facilitated by the act of facilitation;in relation to an offence under section 25B(1), means the individual whose breach (or attempted breach) of a deportation order is facilitated by the act of facilitation;in relation to an offence under section 25B(3), means the individual who is assisted to arrive in, enter or remain (or to attempt to arrive in, enter or remain) in the United Kingdom by the act of facilitation;

“facilitation offence” means—an offence under section 25 (assisting unlawful immigration),an offence under section 25A (helping asylum-seeker to enter the United Kingdom), oran offence under section 25B (assisting entry to the United Kingdom in breach of deportation or exclusion order) to the extent that the section continues to apply by virtue of regulation 5(7) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309);

“ship” includes—every description of vessel (including a hovercraft), andany other structure (whether with or without means of propulsion) constructed or used to carry persons, goods, plant or machinery by water.

25BB

(1) In proceedings for a facilitation offence brought against a master of a ship, it is a defence for the master to show—

(a) that the assisted individual was a stowaway when the act of facilitation took place, and

(b) that the master, or a person acting on the master’s behalf, reported the presence of the assisted individual on the ship to the Secretary of State or an immigration officer—

(i) in a case where the ship was scheduled to go to the United Kingdom, as soon as reasonably practicable after the time when the ship’s next scheduled port of call became a port in the United Kingdom, or

(ii) in a case where the ship was not scheduled to go to the United Kingdom but the master of the ship decided that the ship needed to go to the United Kingdom (whether for reasons relating to the presence of the assisted individual on board or for other reasons), as soon as reasonably practicable after the master made that decision.

(2) In proceedings for a facilitation offence, it is a defence for the person charged with the offence to show—

(a) that the assisted individual was a stowaway when the act of facilitation took place,

(b) that they were acting to ensure the security, general health, welfare or safety of the assisted individual, and

(c) that they had reported the presence of the assisted individual to the master of the ship as soon as reasonably practicable.

(3) A person is taken to have shown a fact mentioned in subsection (1) or (2) if—

(a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(4) For the purposes of this section, an individual is a stowaway on a ship if—

(a) they boarded the ship without the knowledge of the master of the ship, and

(b) the master was not aware of their presence on the ship when the ship departed from the port where the individual boarded.

(5) But an individual ceases to be a stowaway if, after the master of the ship has become aware of their presence on the ship, the individual is given permission to leave the ship by the immigration authorities of a country that the ship arrives at (whether or not they do in fact leave the ship there).

(6) In this section, “act of facilitation”, “assisted individual”, “facilitation offence” and “ship” have the same meanings as in section 25BA.

28LA

(1) An immigration officer or an enforcement officer may exercise the powers set out in Part A1 of Schedule 4A (“Part A1 powers”) in relation to any of the following in United Kingdom waters, foreign waters or international waters—

(a) a United Kingdom ship;

(b) a ship without nationality;

(d) a ship registered under the law of a relevant territory.

(2) But Part A1 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or prosecuting a relevant offence, and

(b) in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before an immigration officer or an enforcement officer may exercise Part A1 powers in relation to—

(a) a United Kingdom ship in foreign waters,

(b) a ship without nationality,

(d) a ship registered under the law of a relevant territory.

28PA

(1) This section applies if—

(a) an immigration officer has reasonable grounds to suspect that a ship has been used in the commission of a relevant offence, and

(b) the ship is in United Kingdom waters or otherwise in the United Kingdom.

(2) Subject to subsection (3), the immigration officer may seize the ship and any property relating to the operation or use of the ship.

(3) The authority of the Secretary of State is required before an immigration officer may seize anything under this section.

(4) If an immigration officer seizes a foreign ship or a ship registered under the law of a relevant territory, the Secretary of State must notify the home state or relevant territory in question that the ship has been seized.

(5) In subsection (4) “home state”, in relation to a foreign ship, means—

(a) the State in which the ship is registered, or

(b) the State whose flag the ship is otherwise entitled to fly.

(6) Where a ship without nationality, or property relating to the operation or use of a ship without nationality, is seized under this section—

(a) section 26 of the UK Borders Act 2007 (disposal of property) and any regulations made under that section do not apply in respect of that ship or other property, and

(b) subsections (7) to (12) apply instead.

(7) The Secretary of State may—

(a) return the ship or other property to the person whom the Secretary of State believes to be its owner, or

(b) after the relevant period—

(i) dispose of the ship or other property, or

(ii) determine that the ship or other property is to be retained to be used in the course of, or in connection with, a function under the Immigration Acts.

(8) On the making of a determination under subsection (7)(b)(ii), the ship or other property vests in the Secretary of State.

(9) The relevant period is the period of 31 days beginning with the date on which the ship or other property was seized.

(10) Before exercising a power under subsection (7)(b), the Secretary of State must make reasonable efforts to—

(a) ascertain the identity of the owner of the ship or other property, and

(b) subject to subsection (11), notify that person that the ship or other property has been seized.

(11) The Secretary of State is not required to notify a person under subsection (10)(b) if to do so may prejudice any criminal investigation or criminal proceedings.

(12) Disposal under this section may be in any manner the Secretary of State thinks fit, including—

(a) by sale;

(b) by dismantling;

(d) by donation of the ship or other property to a charity or other not-for-profit body.

Return of mental patients.

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PART A1 — United Kingdom

A1

(1) This Part of this Schedule sets out the powers exercisable by immigration officers and enforcement officers (referred to in this Part of this Schedule as “relevant officers”) under section 28LA.

(2) In this Part of this Schedule—

“items subject to legal privilege” means items in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings;

“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

B1

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that—

(a) a relevant offence is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of a relevant offence.

(2) The relevant officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to any place (on land or on water) in the United Kingdom or elsewhere and detained there;

(d) require the ship to leave United Kingdom waters.

(3) The relevant officer may require the master of the ship or any member of its crew to take such action as is necessary for the purposes of sub-paragraph (2).

(4) Where a ship is required to be taken to a place under sub-paragraph (2)(c), the relevant officer may require any person on board the ship to take such action as is reasonably necessary to ensure that person is taken to that place or to any other place determined by the relevant officer.

(5) Where a ship is required to leave United Kingdom waters under sub-paragraph (2)(d), the relevant officer may require any person on board the ship to take such action as is reasonably necessary to ensure that person leaves United Kingdom waters.

(6) The authority of the Secretary of State is required before a relevant officer may exercise the power under sub-paragraph (2)(c) to require the ship to be taken to any place—

(a) within a State other than the United Kingdom, or

(b) within a relevant territory.

(7) But a relevant officer acting under authority given under section 28LA(3)(c) or (d) in relation to a foreign ship or a ship registered under the law of a relevant territory may require the ship to be taken to a place mentioned in sub-paragraph (8) without authority under sub-paragraph (6).

(8) Those places are—

(a) a place in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, a place in any other State or relevant territory willing to receive the ship.

(9) A relevant officer must give notice in writing to the master of any ship detained under this paragraph.

(10) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.

(11) The requirement to give notice under sub-paragraph (9) does not apply where it is not reasonably possible to identify who is the master of the ship.

(12) In this paragraph “home state”, in relation to a foreign ship, means—

(a) the State in which the ship is registered, or

(b) the State whose flag the ship is otherwise entitled to fly.

C1

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a) to a relevant offence or,

(b) to an offence that is connected with a relevant offence.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

(3) The relevant officer may require a person on the ship to give information about themselves or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe is an item subject to legal privilege);

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

(8) A power conferred by this paragraph may be exercised on the ship or elsewhere.

D1

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that a relevant offence has been, or is being, committed on the ship.

(2) The relevant officer may arrest without a warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the officer has reasonable grounds to believe to be an item subject to legal privilege).

(4) A power conferred by this paragraph may be exercised on the ship or elsewhere.

E1

(1) A relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(2) The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person, and

(b) only to the extent that it is reasonably required for the purpose of discovering any such thing.

(3) The relevant officer may seize and retain anything which the officer has grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.

(5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person’s mouth.

(6) A power conferred by this paragraph may be exercised on the ship or elsewhere.

F1

(1) A relevant officer may require a person found on the ship to produce a nationality document.

(2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person, and

(b) only to the extent that it is reasonably required for the purpose of discovering any such document.

(4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power under paragraph B1.

(5) The power to retain a nationality document under sub-paragraph (4) does not affect any other power of an immigration officer to retain a document.

(6) Where a nationality document has been seized and retained by a relevant officer who is not an immigration officer, the document must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.

(7) The power conferred by this paragraph to search a person does not authorise a relevant officer to—

(a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or

(b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.

(8) In this paragraph a “nationality document”, in relation to a person, means any document which might—

(a) establish the person’s identity, nationality or citizenship, or

(b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.

(9) A power conferred by this paragraph may be exercised on the ship or elsewhere.

G1

(1) A relevant officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer’s functions under this Part of this Schedule, but only under the officer’s supervision.

H1

A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

I1

A relevant officer must produce evidence of the relevant officer’s authority if asked to do so.

J1

A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

K1

(1) A person commits an offence under the law of England and Wales if the person—

(a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule in England and Wales, England and Wales waters, foreign waters or international waters, or

(b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of such functions.

(2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule in England and Wales, England and Wales waters, foreign waters or international waters commits an offence under the law of England and Wales if—

(a) the information is false in a material particular, and the person either knows it is, or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.

(5) In the application of sub-paragraph (4) in relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks is to be read as a reference to 6 months.

L1

(1) A person commits an offence under the law of Scotland if the person—

(a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule in Scotland, Scotland waters, foreign waters or international waters, or

(b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of such functions.

(2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule in Scotland, Scotland waters, foreign waters or international waters commits an offence under the law of Scotland if—

(a) the information is false in a material particular, and the person either knows it is, or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both.

M1

(1) A person commits an offence under the law of Northern Ireland if the person—

(a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule in Northern Ireland, Northern Ireland waters, foreign waters or international waters, or

(b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of such functions.

(2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule in Northern Ireland, Northern Ireland waters, foreign waters or international waters commits an offence under the law of Northern Ireland if—

(a) the information is false in a material particular, and the person either knows it is, or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.

8AA

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

17A

(1) A person liable to be detained under paragraph 16 may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the examination or removal to be carried out, the decision to be made, or the directions to be given.

(2) Sub-paragraphs (1) to (2), ... (3) and (4) of paragraph 16 apply regardless of whether there is anything that for the time being prevents the examination or removal from being carried out, the decision from being made, or the directions from being given.

(3) Sub-paragraphs (1) and (2) are subject to—

(a) paragraph 16(1B) (power to detain for examination for period not exceeding 12 hours);

(b) paragraph 16(2A) and paragraph 18B (limitation on detention of unaccompanied children);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Sub-paragraph (5) applies if, while a person is detained under paragraph 16, the Secretary of State no longer considers that the examination or removal will be carried out, the decision will be made, or the directions will be given within a reasonable period of time.

(5) The person may be detained under paragraph 16 for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.

(6) In the application of this paragraph in relation to detention under paragraph 16(3), references to “the removal” are to—

(a) the removal of the person from the ship or aircraft on which the person is detained so that the person may be detained under paragraph 16, or

(b) the removal of the person from the United Kingdom in that ship or aircraft.

(7) In the application of this paragraph in relation to detention under paragraph 16(4), references to “the removal” are to the removal of the person from the United Kingdom in the ship or aircraft on which the person is detained.

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