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PART 3 Acquisition of passenger and service information by immigration officer

Passenger and service information: immigration officers

5.—(1) Subject to paragraph (2), the passenger information and service information set out in paragraphs 2 (information which relates to passengers) and 3 (information which relates to a voyage or flight or international service) of Schedule 1 is specified for the purposes of paragraph 27B(9) and (9A) of Schedule 2 to the 1971 Act (passenger and service information)(6).

(2) The information set out in paragraphs 2 and 3 of Schedule 1 is only specified for the purposes of paragraph 27B(9) and (9A) of Schedule 2 to the 1971 Act to the extent to which it is known by the owner or agent of a ship or aircraft or by the 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.

(3) Where information set out in paragraph 2 or 3 of Schedule 1 has been requested in circumstances set out in paragraph (2), nothing in this article prevents that same information being requested from the owner or agent of a ship or aircraft or from the person operating an international service or his agent a second time where those same circumstances do not apply.

(4) The passenger information and service information set out in Schedule 2 is specified for the purposes of paragraph 27B(9) and (9A) of Schedule 2 to the 1971 Act to the extent to which it is known to the owner or agent of a ship or aircraft or to the person operating an international service or his agent.

PART 4 Police acquisition of passenger and service information

Passenger and service information: police

6.—(1) Subject to paragraph (2), the passenger and service information set out in Schedule 3 is specified for the purposes of section 32(5)(a) of the 2006 Act (passenger and crew information: police powers) in respect of ships and aircraft and through trains and shuttle trains arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom.

(2) The information set out in Schedule 3 is only specified for the purposes of section 32(5)(a) of the 2006 Act to the extent to which it is known by the owner or agent of a ship or aircraft or by the 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.

(3) Where information set out in Schedule 3 has been requested in circumstances set out in paragraph (2), nothing in this article prevents that same information being requested from the owner or agent of a ship or aircraft or from the person operating an international service or his agent a second time where those same circumstances do not apply.

(4) The passenger and service information set out in Schedule 4 is specified for the purposes of section 32(5)(a) of the 2006 Act to the extent to which it is known by the owner or agent of a ship or aircraft or by the person operating an international service or his agent.

Form and manner in which passenger and service information to be provided: police

7.  Passenger and service information shall be provided under section 32 of the 2006 Act 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.

Revocations

8.  The following instruments are revoked—

(a) The Immigration (Particulars of Passengers and Crew) Order 1972(7);

(b) The Immigration (Particulars of Passengers and Crew) (Amendment) Order 1975(8); and

(c) The Immigration (Passenger Information) Order 2000(9).

Tony McNulty

Minister of State

Home Office

3rd January 2008

Articles 3(2)(b) and 5(1)

SCHEDULE 1 Information specified: immigration

Particulars of crew

1.  The information is—

(a) the following information as provided on the member of crew’s travel document—

(i) full name;

(ii) gender;

(iii) date of birth;

(iv) nationality;

(v) type of travel document held;

(vi) number of travel document held;

(vii) expiry date of travel document held; and

(viii) issuing State of travel document held;

(b) where a travel document is not held, the type of identification relied upon together with the number, expiry date and issuing State of that identification;

(c) the vehicle registration number of any vehicle in which the member of crew is travelling and which is being transported by ship or by aircraft or by through train or shuttle train and, if the vehicle has a trailer, the trailer registration number;

(d) the number of crew on board the ship or aircraft or through train or shuttle train;

(e) the fact that the person is a member of crew; and

(f) in relation to crew on a ship—

(i) the place of birth of the member of crew; and

(ii) the rank, rating or equivalent of the member of crew.

Information which relates to passengers

2.  The information is—

(a) the following information as provided on the passenger’s travel document—

(i) full name;

(ii) gender;

(iii) date of birth;

(iv) nationality;

(v) type of travel document held;

(vi) number of travel document held;

(vii) expiry date of travel document held; and

(viii) issuing State of travel document held;

(b) where a travel document is not held, the type of identification relied upon together with the number, expiry date and issuing State of that identification; and

(c) the vehicle registration number of any vehicle in which the passenger is travelling and which is being transported by ship or by aircraft or by through train or shuttle train and, if the vehicle has a trailer, the trailer registration number.

Information which relates to a voyage or flight or international service

3.  The information is—

(a) flight number, ship name, train service number or carrier running number;

(b) name of carrier;

(c) nationality of ship;

(d) scheduled departure date;

(e) scheduled departure time;

(f) scheduled arrival date;

(g) scheduled arrival time;

(h) place and country from which the voyage or flight or international service departed immediately prior to arrival into the United Kingdom;

(i) place in the United Kingdom into which the voyage or flight or international service first arrives from overseas;

(j) any place in the United Kingdom to which a voyage or flight or international service which has arrived into the United Kingdom from overseas will subsequently go; and

(k) number of passengers.

(6)

Paragraph 27B(9A) of Schedule 2 to the 1971 Act was inserted by section 31 of the 2006 Act. Back [6]

(7)

S.I. 1972/1667 which has been amended by S.I. 1975/980. Back [7]

(8)

S.I. 1975/980. Back [8]

(9)

S.I. 2000/912. Back [9]