Immigration Act 1971

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to extend to Islands

36

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.

Short title and extent

37

• (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and (without prejudice to any provision of Schedule 1 to this Act as to the extent of that Schedule) where an enactment repealed by this Act extends outside the United Kingdom, the repeal shall be of like extent.

SCHEDULE 1

1

The law with respect to registration as a citizen of the United Kingdom and Colonies shall be modified as follows:—

• (a) in the British Nationality Act 1948, immediately before section 6, there shall be inserted as section 5A the provisions set out in Appendix A to this Schedule, and no person shall be entitled to be registered under or by virtue of section 6(1) of that Act except in the transitional cases allowed for by paragraph 2 below ; and

• (b) in section 8 of the British Nationality Act 1948 (registration outside United Kingdom)—

• (i) after the words " foregoing sections " there shall be inserted in subsection (1) the words " or, subject to subsection (1A) of this section, under section 5A " and in subsection (2) the words " or under section 5A of this Act" ; and

• (ii) there shall be omitted in subsection (1) the words from " and as if " onwards (except for purposes of registration by virtue of paragraph 2 below), and there shall be inserted as subsections (1A) and (1B) the provisions set out in Appendix B to this Schedule ; and

• (c) for section 9 of the British Nationality Act 1948 there shall be substituted the provisions set out in Appendix C to this Schedule (which insert in the section a reference to the new section 5A and add a requirement for the taking in certain cases of an oath of allegiance).

2

Notwithstanding anything in paragraph 1 above or any repeal made by this Act (but subject to paragraph 3 below), a person who would but for this Act have been entitled under or by virtue of section 6(1) of the British Nationality Act 1948 to be registered as a citizen of the United Kingdom and Colonies shall be entitled to be so registered in the United Kingdom if he satisfies the Secretary of State that at the date of his application to be registered he had throughout the last five years or, if it is more than five years, throughout the period since the coming into force of this Act been ordinarily resident in the United Kingdom without being subject, by virtue of any law relating to immigration, to any restriction on the period for which he might remain.

3

• (1) A person in respect of whom a recommendation for deportation is at the date of his application in force shall not be entitled to be registered as a citizen of the United Kingdom and Colonies by virtue of paragraph 2 above.

• (2) Where, in accordance with any regulations relating to appeals, a person, when he applies to be so registered by virtue of paragraph 2 above, has been given notice of a decision to make a deportation order in respect of him, he shall not be entitled to be so registered by virtue of that paragraph, unless before the date of his application an appeal by him against that decision has been finally determined in his favour or the Secretary of State has notified him that the order will not be made.

• (3) References in this paragraph to recommendations for deportation, deportation orders and other matters shall include any such recommendation, order or matter under the enactments repealed by this Act; and accordingly this paragraph shall apply for purposes of paragraph 2 above in place of the corresponding provision made by section 12(1) of the Commonwealth Immigrants Act 1962 and section 18 of the Immigration Appeals Act 1969.

4

• (1) Paragraph 2 above shall apply in relation to a colony or protectorate with the substitution for references to the United Kingdom and to the Secretary of State of references to that colony or protectorate and to the Governor; and in relation to a colony or protectorate paragraph 3 (1) and (2) shall have effect (with any necessary adaptations) with reference to deportation from the colony or protectorate.

• (2) In this paragraph " colony ", " protectorate " and " Governor " have the same meanings as they have for purposes of the British Nationality Act 1948, except that "colony" does not include an associated state.

5

• (1) It is hereby declared that this Schedule extends to each of the associated states ; and in the application of paragraphs 2 and 3 to an associated state—

• (a) in paragraph 2 references to the associated state shall be substituted for references to the United Kingdom; and

• (b) paragraph 3(1) and (2) shall have effect (with any necessary adaptations) with reference to deportation from the associated state.

• (2) In paragraph 4 of Schedule 3 to the West Indies Act 1967 (which provides for a person other than the Secretary of State to be given in relation to an associated state certain functions of the Secretary of State, including those under sections of the British Nationality Act 1948 listed in paragraph 4(3)(a)) there shall be inserted at the beginning of sub-paragraph (3)(a) the words " section 5A except as regards registration under section 5A(1) and " : and where by virtue of that paragraph the functions of the Secretary of State under section 6(1) of the British Nationality Act 1948 are exercisable by another person the reference in paragraph 2 above to the Secretary of State shall have effect as a reference to that person.

APPENDIX A TO SCHEDULE 1 — Provisions to have effect as section 5A of British Nationality Act 1948

5A

• (1) Subject to the provisions of subsections (5) and (6) below, a citizen of any country mentioned in section 1(3) of this Act, being a person of full age and capacity, shall be entitled, on making application therefor to the Secretary of State in the prescribed manner, to be registered as a citizen of the United Kingdom and Colonies if he satisfies the Secretary of State that—

• (a) he is patrial within the meaning of the Immigration Act 1971 by virtue of section 2(1)(d) of that Act or of the reference thereto in section 2(2); and

• (b) he fulfils the condition in subsection (3) below.

• (2) On an application made to the Secretary of State in the prescribed manner, the Secretary of State may cause to be registered as a citizen of the United Kingdom and Colonies any person of full age and capacity who satisfies the Secretary of State that—

• (a) he is a citizen of a country mentioned in section 1(3) of this Act or of Eire ; and

• (b) he fulfils the condition in subsection (3) below; and

• (c) he is of good character ; and

• (d) he has sufficient knowledge of the English or Welsh language ; and

• (e) he intends in the event of his being registered to reside in the United Kingdom or a colony or protectorate or to enter into or continue in relevant employment.

• (3) The condition that a person is required by subsection (1)(b) or (2)(b) above to fulfil is that throughout the period of five years ending with the date of his application to be registered, or such shorter period so ending as the Secretary of State may in the special circumstances of any particular case accept, he has been ordinarily resident in the United Kingdom, or engaged in relevant employment, or partly the one and partly the other.

• (4) For purposes of this section " relevant employment " means—

• (a) Crown service under Her Majesty's Government in the United Kingdom ; or

• (b) service under an international organisation of which Her Majesty's Government in the United Kingdom is a member ; or

• (c) service in the employment of a society, company or body of persons established in the United Kingdom ;

and in subsection (2)(e) includes service in the employment of a society, company or body of persons established either in the United Kingdom or in a colony or protectorate.

• (5) A person shall not be registered under this section wholly or partly by reason of service within subsection (4)(b) or (c) above unless it seems to the Secretary of State fitting that he should be so registered by reason of his close connection with the United Kingdom or, if he is applying for registration under subsection (2), his close connection with the United Kingdom and Colonies.

• (6) A person who has renounced citizenship of the United Kingdom and Colonies under this Act shall not be entitled to be registered as a citizen thereof under subsection (1) above, but may be so registered with the approval of the Secretary of State.

• (7) Where a person is a British subject without citizenship by virtue of section 13 or 16 of this Act or (being a woman) is a British subject by virtue of section 1 of the British Nationality Act 1965 by virtue of her having satisfied the Secretary of State that she has been married to a man who was, or but for his death would have been, a British subject as aforesaid, this section shall apply to that person as it applies to a citizen of a country mentioned in section 1(3) of this Act.

APPENDIX B TO SCHEDULE 1 — Provisions to have effect as section 8(1A) and (1B) of British Nationality Act 1948

APPENDIX C TO SCHEDULE 1 — Provisions to have effect as section 9 of British Nationality Act 1948

9

• (1) A person registered under any of the three last foregoing sections or under section 5A of this Act shall, on taking an oath of allegiance in accordance with subsection (2) below if so required by that subsection, be a citizen of the United Kingdom and Colonies by registration as from the date on which he is registered.

• (2) A person of full age and capacity shall on registration as mentioned in subsection (1) above, if not already a citizen of a country of which Her Majesty is Queen nor a British subject by virtue of section 1 of the British Nationality Act 1965, take an oath of allegiance in the form specified in the First Schedule to this Act.

SCHEDULE 2

Part I — General Provisions

Immigration officers and medical inspectors

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.

• (2A) The Secretary of State may direct that his function of appointing medical inspectors under sub-paragraph (2) is also to be exercisable by such persons specified in the direction who exercise functions relating to health in England or Wales.

• (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 ship or aircraft 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 ship or aircraft and anything on board it, or any vehicle or container taken off a ship or aircraft on which it has been brought to the United Kingdom.

• (6) For the purposes of searching a container under sub-paragraph (5), an immigration officer may direct any person who has control of the container to deliver the container to a place specified by the immigration officer.

• (7) In this paragraph, “container” has the same meaning as in the Customs and Excise Management Act 1979 (see section 1(1) of that Act).

Examination by immigration officers, and medical examination

2

• (1) An immigration officer may examine any persons within sub-paragraph (1A) arrived in the United Kingdom by ship or aircraft (including transit passengers, members of the crew and others not seeking to enter the United Kingdom) 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; and

• (d) whether, if he has been given leave which is still in force, his leave should be curtailed.

• (1A) The persons are—

• (a) any person who has arrived in the United Kingdom by ship or aircraft (including transit passengers, members of the crew and others not seeking to enter the United Kingdom);

• (b) any person who has arrived in United Kingdom waters by ship or aircraft who the immigration officer has reason to believe is an offshore worker.

• (1B) In sub-paragraph (1A), “offshore worker” and “United Kingdom waters” have the same meaning as in section 11A.

• (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; 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 ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.

3

• (1) An immigration officer or designated person may examine any person who is embarking or seeking to embark in the United Kingdom . . .for the purpose of determining whether he is a British citizenand, if he is not a British citizen, for the purpose of establishing—

• (a) his identity;

• (b) whether he entered the United Kingdom lawfully;

• (c) whether he has complied with any conditions of leave to enter or remain in the United Kingdom;

• (d) whether his return to the United Kingdom is prohibited or restricted.

• (1A) If a person is examined under sub-paragraph (1) (whether by an immigration officer or designated person), an immigration officer may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified in that sub-paragraph.

• (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 United Kingdom . . . 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.

Information and documents

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 that or any other person's functions under that paragraph.

• (2) A person on his examination under paragraph 2, 2A or 3 above by an immigration officer , or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer or designated person —

• (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 or designated person, 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 or designated person to be relevant for the purposes of the examination.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 an immigration officer or a person acting under the directions of an immigration officer :

• (4) Where a passport or other document is produced to or found by an immigration officer in accordance with this paragraph, the immigration officer may examine it and detain it—

• (a) for the purpose of examining it, for a period not exceeding 7 days;

• (b) for any purpose, until the person to whom the document relates is given leave to enter the United Kingdom or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter;

• (c) after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings in respect of an appeal under the Immigration Acts or in respect of an offence.

• (4A) Where a passport or other document is produced to a designated person in accordance with this paragraph, the designated person—

• (a) may examine it and detain it; and

• (b) must deliver any detained passport or document to an immigration officer as soon as reasonably practicable.

• (4B) If a passport or document is delivered to an immigration officer in accordance with sub-paragraph (4A)(b), sub-paragraph (4) applies as if the immigration officer had detained the document (and, accordingly, the immigration officer may continue to detain it in accordance with sub-paragraph (4)(a), (b) or (c)).

• (5) For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination, or any immigration officer or designated person, may require the person being examined to provide biometric information (whether or not by submitting to a process by means of which information is obtained or recorded) ....

• (6) Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.

• (7) A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless—

• (a) the decision to require P to provide the information has been confirmed by a chief immigration officer, and

• (b) the information is provided in the presence of a person of full age who is—

• (i) P's parent or guardian, or

• (ii) a person who for the time being takes responsibility for P.

• (8) The person mentioned in sub-paragraph (7)(b)(ii) may not be—

• (a) a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or

• (b) an officer of the Secretary of State who is not such a person.

• (9) Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.

5

The Secretary of State may by order made by statutory instrument make provision for requiring—

• (a) passengers disembarking or embarking in the United Kingdom, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards, and

• (b) passengers embarking in the United Kingdom, or any class of such passengers, to produce to a designated person, if so required, embarkation cards,

in such form as the Secretary of State may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers.

Notice of leave to enter or of refusal of leave

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, 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.

• (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.

Power to require medical examination after entry

7

• (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.

Removal of persons refused leave to enter and illegal entrants

8

• (1) Where a person arriving in the United Kingdom 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 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 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 United Kingdom (ignoring any period during which an appeal by him under the Immigration Acts is pending)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.

9

• (1) Where an illegal entrant is not given leave to enter or remain in the United Kingdom, 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).

• (2) Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.

10

• (1) Where it appears to the Secretary of State either—

• (a) that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or

• (b) 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 owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(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.

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 or the Secretary of State, on board any ship or aircraft in which he is to be removed in accordance with the directions.

Seamen and aircrews

12

• (1) If, on a person’s examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he has 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 purpose 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.

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 United Kingdom—

• (a) in the manner authorised by paragraph 12(1) above; or

• (b) if that person is to be allowed to enter the United Kingdom in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave the United Kingdom in accordance with arrangements to be made for his repatriation; or

• (c) by requiring him to leave the United Kingdom 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 United Kingdom as a member of the crew of a ship or aircraft, and either—

• (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; or

• (B) having been given leave limited as mentioned in subparagraph (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 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 in which he embarked for the United Kingdom; 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 United Kingdom; or

• (v) a country or territory to which there is reason to believe that he will be admitted.

14

• (1) Where it 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.

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 in which he is to be removed in accordance with the directions.

Detention of persons liable to examination or removal

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.

• (1B) A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination.

• (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, 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.

• (2A) But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.

• (2B) The detention under sub-paragraph (2) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

• (2C) A person may be detained under the authority of an immigration officer—

• (a) if the immigration officer suspects that the person meets the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom), pending a decision as to whether the conditions are met;

• (b) if the immigration officer suspects that the Secretary of State has a duty to make arrangements for the removal of the person from the United Kingdom under that section, pending a decision as to whether the duty applies;

• (c) if the Secretary of State has such a duty, pending the person’s removal from the United Kingdom in accordance with that section;

• (d) if the person meets those four conditions but the Secretary of State does not have such a duty by virtue of subsection (1) of section 4 of that Act—

• (i) pending a decision to give limited leave to enter or remain under the immigration rules to the person for the purposes of that subsection,

• (ii) pending a decision to give leave under section 8AA of the Immigration Act 1971 (discretionary leave for persons generally ineligible for leave etc),

• (iii) pending a decision to give leave under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking), or

• (iv) pending a decision to remove the person under subsection (2) of section 4 of the Illegal Migration Act 2023 (power to remove unaccompanied children), and pending their removal in accordance with that subsection.

• (2D) But if the immigration officer is satisfied that a woman being detained under sub-paragraph (2C) is pregnant, then the woman may not be detained under that sub-paragraph for a period of—

• (a) more than 72 hours from the relevant time, or

• (b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

• (2E) A woman who has been released as a result of sub-paragraph (2D) may be detained again under sub-paragraph (2C) in accordance with sub-paragraph (2D).

• (2F) Where a woman being detained under sub-paragraph (2C) has previously been detained under section 62(2A) of the Nationality, Immigration and Asylum Act 2002 and has not been released in between, the definition of “the relevant time” in sub-paragraph (2G) is to be read as if paragraph (b) referred to the time when the woman was first detained under sub-paragraph (2C) or section 62(2A) of that Act.

• (2G) In sub-paragraphs (2D) to (2F)—

• “the relevant time” means the later of—the time at which the immigration officer is first satisfied that the woman is pregnant, andthe time at which the detention under sub-paragraph (2C) begins;

• “woman” means a female of any age.

• (2H) The powers in sub-paragraph (2C) may be exercised in respect of an unaccompanied child only in the circumstances specified in regulations made by the Secretary of State.

• (2I) The Secretary of State may, by regulations, specify time limits that apply in relation to the detention of an unaccompanied child under sub-paragraph (2C)(d)(iv) (detention of unaccompanied child in relation to removal).

• (2J) Regulations under sub-paragraph (2H) may confer a discretion on the Secretary of State or an immigration officer.

• (2K) Regulations under sub-paragraph (2H) or (2I)—

• (a) may make different provision for different purposes;

• (b) may make consequential, supplementary, incidental, transitional or saving provision;

• (c) must be made by statutory instrument.

• (2L) A person who may be detained under sub-paragraph (2C) may no longer be detained under sub-paragraph (1), (1A), (1B), (2), (3) or (4).

• (2M) A person (of any age) detained under sub-paragraph (2C) may be detained in any place that the Secretary of State considers appropriate.

• (2N) A statutory instrument containing regulations under sub-paragraph (2H) or (2I) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (2P) In sub-paragraphs (2H) and (2I), “unaccompanied child” has the same meaning as in the Illegal Migration Act 2023 (see section 4 of that Act).

• (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 United Kingdom any person who has arrived in the United Kingdom 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 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.

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) See paragraph 17A for further provision about the period for which persons may be detained under this paragraph.

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;

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).

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).

• (1A) But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.

• (2) Where a person is detained or liable to be 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 biometric information (within the meaning given by section 15 of the UK Borders Act 2007).

• (2B) Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5).

• (3) Any person detained under paragraph 16 may be taken in the custody of a constable, an immigration officer, or 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.

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 owners or agents of the ship or aircraft in 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) 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 subparagraph (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.

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 owners or agents of the ship or aircraft in 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.

• (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.

Temporary admission or release of persons liable to detention

21

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22

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23

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24

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25

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Supplementary duties of those connected with ships or aircraft or with ports

26

• (1) The owners or agents of a ship or aircraft employed to carry passengers for reward shall not, without the approval of the Secretary of State, arrange for the ship or aircraft to call at a port in the United Kingdom other than a port of entry for the purpose of disembarking passengers, if any of the passengers on board may not enter the United Kingdom 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.

• (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 the owners or agents of any ships or aircraft designating control areas for the embarkation or disembarkation of passengers in any port in the United Kingdom, 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 Secretary of State may also from time to time give to any persons concerned with the management of a port in the United Kingdom 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.

• (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.

27

• (1) The captain of a ship or aircraft arriving in the United Kingdom—

• (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 United Kingdom 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.

• (1A) Sub-paragraph (1) also applies to the captain of a ship or aircraft arriving in United Kingdom waters if—

• (a) there are offshore workers on board, or

• (b) an immigration officer has informed the captain that they wish to examine any person on board in the exercise of the power under paragraph 2.

• (1B) In sub-paragraph (1A), “offshore worker” and “United Kingdom waters” have the same meaning as in section 11A.

• (2) The Secretary of State may by order require, or enable an immigration officer to require, a responsible person in respect of a ship or aircraft to supply—

• (a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the ship or aircraft;

• (b) particulars of members of the crew of the ship or aircraft.

• (3) An order under sub-paragraph (2) may relate—

• (a) to all ships or aircraft arriving or expected to arrive in the United Kingdom;

• (b) to all ships or aircraft leaving or expected to leave the United Kingdom;

• (c) to ships or aircraft arriving or expected to arrive in the United Kingdom from or by way of a specified country;

• (d) to ships or aircraft leaving or expected to leave the United Kingdom to travel to or by way of a specified country;

• (e) to specified ships or specified aircraft.

• (4) For the purposes of sub-paragraph (2) the following are responsible persons in respect of a ship or aircraft—

• (a) the owner or agent, and

• (b) the captain.

• (5) An order under sub-paragraph (2)—

• (a) may specify the time at which or period during which information is to be provided,

• (b) may specify the form and manner in which information is to be provided,

• (ba) may require a responsible person to be able to receive, in a specified form and manner, communications sent by the Secretary of State or an immigration officer relating to the information,

• (c) shall be made by statutory instrument, and

• (d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part II — Effect of Appeals

Stay on directions for removal

28

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Grant of bail pending appeal

29

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Restrictions on grant of bail

30

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Forfeiture of recognizances

31

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32

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Arrest of appellants released on bail

33

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SCHEDULE 3

Removal of persons liable to deportation

1

• (1) Where a deportation order is in force against any person, 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

• (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 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 defrayed by the Secretary of State.

Detention or control pending deportation

2

• (1) Where a recommendation for deportation made by a court is in force in respect of any person, and that person is not detained in pursuance of the sentence or order of any court, he shall ... be detained pending the making of a deportation order in pursuance of the recommendation, unless—

• (a) the court by which the recommendation is made grants bail to the person, or

• (b) the person is released on immigration bail under Schedule 10 to the Immigration Act 2016.

• (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 release the person on bail without setting aside the recommendation.

• (2) A person (“P”) who is not detained in pursuance of the sentence or order of a court may be detained under the authority of the Secretary of State—

• (a) while the Secretary of State considers whether to make a deportation order against P, and

• (b) where the Secretary of State decides to make a deportation order against P, pending the making of the deportation order.

• (2A) Sub-paragraph (2) applies only if—

• (a) the Secretary of State has notified P in writing that the Secretary of State is considering whether to make a deportation order against P, or

• (b) where no notice has been given under paragraph (a), the Secretary of State has notified P in writing that the Secretary of State has decided to make a deportation order against P.

• (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 immigration bail under Schedule 10 to the Immigration Act 2016.

• (3A) A person liable to be detained under sub-paragraph (1), (2) or (3) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision whether to make a deportation order, or the deportation order, to be made, or the removal to be carried out.

• (3B) Sub-paragraphs (1) to (3) apply regardless of whether there is anything that for the time being prevents the decision or the deportation order from being made or the removal from being carried out.

• (3C) Sub-paragraphs (3A) and (3B) are subject to sub-paragraph (4ZA) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).

• (3D) Sub-paragraph (3E) applies if, while a person is detained under sub-paragraph (1), (2) or (3), the Secretary of State no longer considers that the decision or the deportation order will be made or the removal will be carried out within a reasonable period of time.

• (3E) The person may be detained under that sub-paragraph 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.

• (4) In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17, 18, 18A 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 ; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.

• (4ZA) The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

• (5) The provisions of Schedule 10 to the Immigration Act 2016 that apply in relation to the grant of immigration bail by the First-tier Tribunal apply in relation to the grant of bail by the court under sub-paragraph (1) or (1A).

• (6) If the court grants bail to a person under sub-paragraph (1) or (1A), Schedule 10 to the Immigration Act 2016 applies in relation to that person as if the person had been granted immigration bail by the First-tier Tribunal under that Schedule.

• (7) A reference in any provision of, or made under, an enactment other than this paragraph to immigration bail granted, or a condition imposed, under Schedule 10 to the Immigration Act 2016 includes bail granted by the court under sub-paragraph (1) or (1A) or (as the case may be) a condition imposed by the court on the grant of such bail.

Effect of appeals

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SCHEDULE 4

Leave to enter

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 or an Irish 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 or an Irish 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.

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.

Deportation

3

• (1) This Act has effect in relation to a person who is subject to an Islands deportation order as if the order were a deportation order made against him under this Act.

• (2) Sub-paragraph (1) does not apply if the person concerned is—

• (a) a British citizen;

• (aa) an Irish citizen;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ca) a relevant person (see paragraph 3A); or

• (d) a member of the family of a British citizen who is neither a British citizen nor an Irish citizen.

• (3) The Secretary of State does not, as a result of sub-paragraph (1), have power to revoke an Islands deportation order.

• (4) In any particular case, the Secretary of State may direct that paragraph (aa), (ca) or (d) of sub-paragraph (2) is not to apply in relation to the Islands deportation order.

• (5) Nothing in this paragraph makes it unlawful for a person in respect of whom an Islands deportation 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.

• (6) “Islands deportation order” means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return.

• (7) Subsections (10) and (12) to (14) of section 80 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section.

Illegal entrants

4

Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a person who is not a British citizen or an Irish citizen to enter the United Kingdom from any of the Islands where his presence was unlawful under the immigration laws of that island, unless he is given leave to enter.

SCHEDULE 5

Part I — The Adjudicators

1

There shall be such number of adjudicators as the Lord Chancellor may with the consent of the Treasury determine, and the Lord Chancellor shall appoint one of them as chief adjudicator.

2

• (1) Subject to the following provisions of this paragraphAn adjudicator shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

• (2) An adjudicator may at any time by notice in writing to the Lord Chancellor resign his office.

• (3) An adjudicator shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

3

[(1)] The Lord Chancellor shall pay—

• (a) to the adjudicators, such remuneration and allowances as he may, with the approval of the Treasury, determine;

• (b) as regards any of the adjudicators in whose case he may so determine with the approval of the Treasury, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;

and, if a person ceases to be an adjudicator and it appears to the Lord Chancellor that there are special circumstances which make it right that that person should receive compensation, the Lord Chancellor may, with the approval of the Treasury, pay to that person a sum of such amount as the Lord Chancellor may, with the approval of the Treasury, determine.

• (2) Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

4

5

The adjudicators shall sit at such times and in such places as the Lord Chancellor may direct; and the chief adjudicator shall allocate duties among the adjudicators and have such other functions as may be conferred on him by the Lord Chancellor.

Part II — The Tribunal

Members

6

The Tribunal shall consist of such number of members as the Lord Chancellor may determine, and the Lord Chancellor shall appoint one of them to be president.

7

The president and such number of the other members of the Tribunal as the Lord Chancellor may determine shall be

• (a) persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

• (b) advocates or solicitors in Scotland of a least 7 years’ standing; or

• (c) members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of a least 7 years’ standing.

8

• (1) Subject to the following provisions of this paragraphA member of the Tribunal shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

• (2) Any member of the Tribunal may at any time by notice in writing to the Lord Chancellor resign his office.

• (3) A member of the Tribunal shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

9

[(1)]The Lord Chancellor shall pay—

• (a) to the members of the Tribunal, such remuneration and allowances as he may, with the approval of the Treasury, determine;

• (b) as regards any member in whose case he may so determine with the approval of the Treasury, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;

and, if a person ceases to be a member of the Tribunal and it appears to the Lord Chancellor that there are special circumstances which make it right that that person should receive compensation, the Lord Chancellor may, with the approval of the Treasury, pay to that person a sum of such amount as the Lord Chancellor may, with the approval of the Treasury, determine.

• (2) Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.

10

Proceedings

11

For the purpose of hearing and determining appeals under Part II of this Act or any matter preliminary or incidental to any such appeal, the Tribunal shall sit at such times and in such place or places as the Lord Chancellor may direct, and may sit in two or more divisions.

12

Subject to rules of procedure, the Tribunal shall be deemed to be duly constituted if it consists of three members (or a greater uneven number of members) of whom at least one is qualified as mentioned in paragraph 7 of this Schedule; and the determination of any question before the Tribunal shall be according to the opinion of the majority of the members hearing the case.

13

The Lord Chancellor may appoint members of the Tribunal who are qualified as mentioned in paragraph 7 of this Schedule to act on behalf of the president in his temporary absence or inability to act.

14

The president or, in his absence, the member qualified as mentioned in paragraph 7 of this Schedule (or, if there is more than one such member present, the senior of them) shall preside at a sitting of the Tribunal.

Part III — Staff and Expenses

15

The Lord Chancellor may appoint such officers and servants for the adjudicators and the Tribunal as he may, with the approval of the Treasury as to remuneration and numbers, determine.

16

The remuneration of officers and servants appointed as aforesaid, and such expenses of the adjudicators and the Tribunal as the Lord Chancellor may with the approval of the Treasury determine, shall be defrayed by the Lord Chancellor.

SCHEDULE 6

Statement of right of abode in United Kingdom.

2A

• (1) The Secretary of State may by order remove from a specified person a right of abode in the United Kingdom which he has under section 2(1)(b).

• (2) The Secretary of State may make an order under subsection (1) in respect of a person only if the Secretary of State thinks that it would be conducive to the public good for the person to be excluded or removed from the United Kingdom.

• (3) An order under subsection (1) may be revoked by order of the Secretary of State.

• (4) While an order under subsection (1) has effect in relation to a person—

• (a) section 2(2) shall not apply to him, and

• (b) any certificate of entitlement granted to him shall have no effect.

Further provision as to leave to enter.

3A

• (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.

3B

• (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.

3C

• (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 , while the appellant is in the United Kingdom against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), ...

• (c) an appeal under that section against that decision , brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act) , ...

• (ca) an appeal could be brought under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”), while the appellant is in the United Kingdom, against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission),

• (cb) an appeal under the 2020 Regulations against that decision, brought while the appellant is in the United Kingdom, is pending (within the meaning of those Regulations), or

• (d) an administrative review of the decision on the application for variation—

• (i) could be sought, or

• (ii) is pending.

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

• (3A) Leave extended by virtue of this section may be cancelled if the applicant—

• (a) has failed to comply with a condition attached to the leave, or

• (b) has used or uses deception in seeking leave to remain (whether successfully or not).

• (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) The Secretary of State may make regulations determining when an application is decided for the purposes of this section; and the regulations—

• (a) may make provision by reference to receipt of a notice,

• (b) may provide for a notice to be treated as having been received in specified circumstances,

• (c) may make different provision for different purposes or circumstances,

• (d) shall be made by statutory instrument, and

• (e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) In this section—

• “administrative review” means a review conducted under the immigration rules;

• the question of whether an administrative review is pending is to be determined in accordance with the immigration rules.

3D

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Further provision as to leave to enter.

8A

• (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.

• (4) References in this section to a person who ceases to be exempt do not include a person who ceases to be exempt by virtue of section 8B(3).

8B

• (1) An excluded person must be refused—

• (a) leave to enter the United Kingdom;

• (b) leave to remain in the United Kingdom

(and any leave given to a person who is an excluded person is invalid).

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

• (3) Any exemption of a person from the provisions of this Act under section 8(1), (2) or (3) does not apply while the person is an excluded person.

• (4) “Excluded person” means—

• (a) a person named by or under, or of a description specified in, an instrument falling within subsection (5), or

• (b) a person who under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 is an excluded person for the purposes of this section (see section 4 of that Act).

• (5) An instrument falls within this subsection 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).

• (5A) Subsection (1), (2) or (3) does not apply to a person if—

• (a) the application of that subsection to that person would be contrary to the United Kingdom's obligations under—

• (i) the Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or

• (ii) the Refugee Convention (within the meaning given by that provision), or

• (b) the person is within subsection (4)(a) and not within subsection (4)(b) and has been exempted from the application of subsection (1), (2) or (3), as the case may be, under a process applying by virtue of the instrument falling within subsection (5).

• (5B) In relation to any person within subsection (4)(b), subsections (1) to (3) are subject to any exception created under, or direction given by virtue of, section 15(4) of the Sanctions and Anti-Money Laundering Act 2018 (power to create exceptions etc).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for, and further provisions as to, deportation.

Financial support for organisations helping persons with rights of appeal.

24A

• (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 —

• (i) leave to enter or remain in the United Kingdom , or

• (ii) an ETA; 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.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25B

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25C

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

• (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 or 25A.

• (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 (for which purpose “member State or the United Kingdom” and “immigration law” have the meanings given by section 25(2) and (7)), and

• (b) an individual who is the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking). the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015 the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).

• (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 the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking). the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015 the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).