Immigration Act 1971

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

Offences by persons connected with ships or aircraft or with ports

27

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

• (a) if, being the captain of a ship or aircraft,—

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

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

• (b) if, as owner or agent of a ship or aircraft,—

• (i) he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or

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

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

• (iiia) he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2; or

• (iv) he fails, without reasonable excuse, to comply with any other requirement imposed by or under Schedule 2 ;

• (c) if, . . . as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated.

• (ca) if as a person concerned in the management of a port he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2.

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

• (2) Proceedings may not be instituted against a person under subsection (1)(a)(i) or (1)(b)(iv) for a failure to provide information or otherwise to comply with a requirement imposed under paragraph 27, 27B or 27BA of Schedule 2 where—

• (a) the person has paid a penalty in respect of the same failure, or a failure to provide the same information, by virtue of regulations made under—

• (i) paragraph 27BB of Schedule 2,

• (ii) section 32B of the Immigration, Asylum and Nationality Act 2006, or

• (iii) section 24 of the Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry scheme); or

• (b) proceedings have been instituted against the person under section 34 of the Immigration, Asylum and Nationality Act 2006 in respect of a failure to provide the same information.

Proceedings

28

• (A1) Proceedings for an offence under this Part that is committed in the territorial sea adjacent to the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

• (1) Where the offence is one to which, under section 24(3) . . . or 26 above, an extended time limit for prosecutions is to apply, then—

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

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

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

• (1A) Where the offence is one to which, under section 24(3A), an extended time limit for prosecutions is to apply, then—

• (a) an information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid—

• (i) within the period of six months beginning with the date of the commission of the offence, or

• (ii) within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i),

• (b) summary proceedings for the offence may in Scotland be commenced—

• (i) within the period of six months beginning with the date of the commission of the offence, or

• (ii) within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i), and

• (c) a complaint charging the commission of an offence under this paragraph may in Northern Ireland be heard and determined by a magistrates' court if it is made—

• (i) within the period of six months beginning with the date of the commission of the offence, or

• (ii) within the period of three months beginning with the date when the person is first arrested for the offence or under paragraph 10 of Schedule 10 to the Immigration Act 2016 (arrest for breach of bail condition), if that period expires after the end of the period mentioned in sub-paragraph (i).

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

• (2A) Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under this Part.

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

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

Part IV — Supplementary

Contributions for expenses of persons returning abroad

29

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

Return of mental patients

30

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Expenses

31

There shall be defrayed out of moneys provided by Parliament any expenses incurred by the Lord Chancellor under Schedule 5 to this Act or by a Secretary of State under or by virtue of this Act—

• (a) by way of administrative expenses . . .; or

• (b) in connection with the removal of any person from the United Kingdom under Schedule 2 or 3 to this Act or the departure with him of his dependants, or his or their maintenance pending departure; or

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

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

General provisions as to Orders in Council, etc.

32

• (1) Any power conferred by Part I of this Act to make an Order in Council or order (other than a deportation order) or to give any directions includes power to revoke or vary the Order in Council, order or directions.

• (2) Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of the Immigration Acts and to be signed by him or on his behalf, and any document purporting to be a certificate of the Secretary of State so given and to be signed by him or on his behalf, shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or issued by him.

• (3) Prima facie evidence of any such order, notice, direction or certificate as aforesaid may, in any legal proceedings or other proceedings under the Immigration Acts, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the order, notice, direction or certificate.

• (4) Where an order under section 8(2) above applies to persons specified in a schedule to the order, or any directions of the Secretary of State given for the purposes of the Immigration Acts apply to persons specified in a schedule to the directions, prima facie evidence of the provisions of the order or directions other than the schedule and of any entry contained in the schedule may, in any legal proceedings or other proceedings under the Immigration Acts, be given by the production of a document purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of the said provisions and of the relevant entry.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

33

• (1) For purposes of this Act, except in so far as the context otherwise requires—

• “aircraft” includes hovercraft, “airport” includes hoverport and “port” includes airport;

• “captain” means master (of a ship) or commander (of an aircraft);

• “certificate of entitlement” means a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom;

• . . .

• “Convention adoption” has the same meaning as in the Adoption Act 1976 and the Adoption and Children (Scotland) Act 2007 or in the Adoption and Children Act 2002;

• “crew”, in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and “member of the crew” shall be construed accordingly;

• “entrant” means a person entering or seeking to enter the United Kingdom and “illegal entrant” means a person—unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, orentering or seeking to enter by means which include deception by another person,and includes also a person who has entered as mentioned in paragraph (a) or (b) above;

• “entry clearance” means a visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence or the requisite evidence of a person’s eligibility, though not a British citizen, for entry into the United Kingdom (but does not include a work permit);

• “an ETA” has the meaning given by section 11C;

• “immigration laws” means this Act and any law for purposes similar to this Act which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands;

• “immigration rules” means the rules for the time being laid down as mentioned in section 3(2) above;

• “the Islands” means the Channel Islands and the Isle of Man, and “the United Kingdom and Islands” means the United Kingdom and the Islands taken together;

• “justice of the peace”, in relation to Northern Ireland, means lay magistrate;

• “legally adopted” means adopted in pursuance of an order made by any court in the United Kingdom and Islands , under a Convention adoption or by any adoption specified as an overseas adoption by order of the Secretary of State under section 4 of the Adoption Act 1968section 87 of the Adoption and Children Act 2002; or by regulations made by the Scottish Ministers under section67(1) of the Adoption and Children (Scotland) Act 2007

• “limited leave” and “indefinite leave” mean respectively leave under this Act to enter or remain in the United Kingdom which is, and one which is not, limited as to duration;

• “settled” shall be construed in accordance with subsection (2A) below;

• “ship” includes every description of vessel used in navigation;

• . . .

• “United Kingdom passport” means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands, or by the Government of any territory which is for the time being a dependent territory within the meaning of the British Nationality Act 1981;

• “work permit” means a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not a British citizen, for entry into the United Kingdom for the purpose of taking employment.

• (1A) A reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.

• (2) It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United Kingdom or in any of the Islands at a time when he is there in breach of the immigration laws.

• (2A) Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.

• (3) The ports of entry for purposes of this Act, and the ports of exit for purposes of any Order in Council under section 3(7) above, shall be such ports as may from time to time be designated for the purpose by order of the Secretary of State made by statutory instrument.

• (4) For the purposes of this Act, the question of whether an appeal is pending shall be determined in accordance with section 104 of the Nationality, Immigration and Asylum Act 2002 (pending appeals)

• (5) This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative.

Repeal, transitional and temporary

34

• (1) Subject to the following provisions of this section, the enactments mentioned in Schedule 6 to this Act are hereby repealed, as from the coming into force of this Act, to the extent mentioned in column 3 of the Schedule; and—

• (a) this Act, as from its coming into force, shall apply in relation to entrants or others arriving in the United Kingdom at whatever date before or after it comes into force; and

• (b) after this Act comes into force anything done under or for the purposes of the former immigration laws shall have effect, in so far as any corresponding action could be taken under or for the purposes of this Act, as if done by way of action so taken, and in relation to anything so done this Act shall apply accordingly.

• (2) Without prejudice to the generality of subsection (1)(a) and (b) above, a person refused leave to land by virtue of the Aliens Restriction Act 1914 shall be treated as having been refused leave to enter under this Act, and a person given leave to land by virtue of that Act shall be treated as having been given leave to enter under this Act; and similarly with the Commonwealth Immigrants Acts 1962and 1968.

• (3) A person treated in accordance with subsection (2) above as having leave to enter the United Kingdom—

• (a) shall be treated as having an indefinite leave, if he is not at the coming into force of this Act subject to a condition limiting his stay in the United Kingdom; and

• (b) shall be treated, if he is then subject to such a condition, as having a limited leave of such duration, and subject to such conditions (capable of being attached to leave under this Act), as correspond to the conditions to which he is then subject, but not to conditions not capable of being so attached.

This subsection shall have effect in relation to any restriction or requirement imposed by Order in Council under the Aliens Restriction Act 1914 as if it had been imposed by way of a landing condition.

• (4) Notwithstanding anything in the foregoing provisions of this Act, the former immigration laws shall continue to apply, and this Act shall not apply,—

• (a) in relation to the making of deportation orders and matters connected therewith in any case where a decision to make the order has been notified to the person concerned before the coming into force of this Act;

• (b) in relation to removal from the United Kingdom and matters connected therewith (including detention pending removal or pending the giving of directions for removal) in any case where a person is to be removed in pursuance of a decision taken before the coming into force of this Act or in pursuance of a deportation order to the making of which paragraph (a) above applies;

• (c) in relation to appeals against any decision taken or other thing done under the former immigration laws, whether taken or done before the coming into force of this Act or by virtue of this subsection.

• (5) Subsection (1) above shall not be taken as empowering a court on appeal to recommend for deportation a person whom the court below could not recommend for deportation, or as affecting any right of appeal in respect of a recommendation for deportation made before this Act comes into force, or as enabling a notice given before this Act comes into force and not complying with section 6(2) to take the place of the notice required by section 6(2) to be given before a person is recommended for deportation.

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

Commencement, and interim provisions

35

• (1) Except as otherwise provided by this Act, Parts I to III of this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and references to the coming into force of this Act shall be construed as references to the beginning of the day so appointed.

• (2) Section 25 above, except section 25(2), and section 28 in its application to offences under section 25(1) shall come into force at the end of one month beginning with the date this Act is passed.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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• (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

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• (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

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• (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

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• (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.

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• (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

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• (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.

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• (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

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

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• (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