Statutory Instruments
immigration
police
Made
3rd January 2008
Laid before Parliament
10th January 2008
Coming into force
1st March 2008
The Secretary of State makes the following Order in exercise of the powers conferred by paragraphs 27 and 27B of Schedule 2 to the Immigration Act 1971(1) and section 32 of the Immigration, Asylum and Nationality Act 2006(2).
The Secretary of State is satisfied that the nature of the information specified in this Order for the purposes of section 32 of the Immigration, Asylum and Nationality Act 2006 is such that there are likely to be circumstances in which it can be required under that provision without breaching Convention rights (within the meaning of the Human Rights Act 1998(3)).
1. This Order may be cited as the Immigration and Police (Passenger, Crew and Service Information) Order 2008 and shall come into force on 1st March 2008.
2.—(1) In this Order—
“the 1971 Act” means the Immigration Act 1971;
“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006; and
“shuttle train”, “through train”, “train manager” and “international service” have the same meanings as in the Channel Tunnel (International Arrangements) Order 1993(4).
(2) For the purposes of this Order, information is known to the owner or agent of a ship or aircraft or a person operating an international service or his agent (“carrier”) if it is held by that carrier and—
(a) if information of that nature is routinely held by the carrier on their carrier reservation system, departure control system or equivalent system; or
(b) if the information is obtained in the ordinary course of the carrier’s business and is requested notwithstanding the fact that it is not held, or is not held routinely, on such a system.
3.—(1) This article applies to—
(a) a ship or aircraft arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom; and
(b) a through train or shuttle train arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom.
(2) Subject to paragraph (4), an immigration officer may require a responsible person in respect of a ship or aircraft to which this article applies to supply—
(a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving the United Kingdom on board the ship or aircraft; and
(b) the particulars of members of the crew of the ship or aircraft which are set out in paragraph 1 of Schedule 1.
(3) Subject to paragraph (4), an immigration officer may, in relation to a train to which this article applies, require a train manager or a person operating an international service or his agent to supply—
(a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving the United Kingdom on board the train; and
(b) the particulars of members of the crew of the train which are set out in paragraph 1 of Schedule 1.
(4) The information which may be requested under this article may only be requested to the extent to which it is known by the responsible person, train manager or person operating an international service or his agent in circumstances where the information is to be provided before a point in time at which passengers have boarded the ship or aircraft or through train or shuttle train in preparation for departure and it is no longer possible for further passengers or crew to do so.
(5) Where information has been requested in circumstances set out in paragraph (4), nothing in this article prevents that same information being requested from the responsible person, train manager or person operating an international service or his agent a second time where those same circumstances do not apply.
(6) For the purposes of paragraphs (2), (4) and (5) a responsible person is one of the persons specified in paragraph 27(4) of Schedule 2 to the 1971 Act(5).
4. A passenger list and particulars of crew shall be provided under article 3 in an electronic form that is compatible with the technology used by the recipient of the data unless an alternative form and manner of information transmission is authorised by the recipient of the information.
1971 c. 77. Paragraph 27 of Schedule 2 to the 1971 Act has been amended by section 31 of the Immigration, Asylum and Nationality Act 2006 (c. 13). Paragraph 27B of Schedule 2 to the 1971 Act was inserted by section 18 of the Immigration and Asylum Act 1999 (c. 33) and subsequently amended by section 16 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19) and section 31 of the Immigration, Asylum and Nationality Act 2006 (c. 13). Paragraphs 27 and 27B of Schedule 2 to the 1971 Act apply with modifications in respect of trains arriving and departing the United Kingdom via the Channel Tunnel: articles 4 and 7 of S.I. 1993/1813 and S.I. 1994/1405 (relevant amendments have been made by S.I. 1996/2283; S.I. 2001/1544; S.I. 2006/2627; S.I. 2007/2908; and S.I. 2007/3579); paragraph 1(11)(r) of Schedule 4 to S.I. 1993/1813 as amended by S.I. 1994/1405 and S.I. 2007/3579; and paragraph 1(11)(s) of Schedule 4 to S.I. 1993/1813 as inserted by S.I. 2000/913 and subsequently amended by S.I. 2007/3579. Back [1]
2006 c. 13. Section 32 of the 2006 Act has been amended by section 14 of, and Schedule 15 to, the Police and Justice Act 2006 (c. 48) but that amendment is not yet in force. Section 32 applies with modifications to trains arriving and departing the United Kingdom via the Channel Tunnel: articles 4 and 7 of S.I. 1993/1813 and S.I. 1994/1405; and paragraph 3A of Schedule 4 to S.I. 1993/1813 as inserted by S.I. 2007/3579. Back [2]
1998 c. 42. The requirement set out in the second recital reflects the terms of section 32(7) of the 2006 Act. Back [3]
S.I. 1993/1813. This instrument has been amended by S.I. 1994/1405, S.I. 1996/2283, S.I. 2000/913, S.I. 2000/1775, S.I. 2001/178, S.I. 2001/418, S.I. 2001/1544, S.I. 2001/3707, S.I. 2003/2799, S.I. 2005/3389, S.I. 2006/1003, S.I. 2006/2626, S.I. 2007/2907; and S.I. 2007/3579. Back [4]
Paragraph 27(4) of Schedule 2 to the 1971 Act was inserted by section 31 of the 2006 Act. Back [5]