}
24
c. 77
PART II
Financial
support for
organisations helping persons with rights of appeal.
Immigration Act 1971
(4) Where on an appeal under this Part of this Act it is alleged-
(a) that a passport or other travel document, certificate of patriality, entry clearance or work permit (or any part thereof or entry therein) on which a party relies is a forgery; and
(b) that the disclosure to that party of any matters relating to the method of detection would be contrary to the public interest;
then (without prejudice to the generality of the power to make rules of procedure) the adjudicator or Tribunal shall arrange for the proceedings to take place in the absence of that party and his representatives while the allegation at (b) above is inquired into by the adjudicator or Tribunal and, if it appears to the adjudicator or Tribunal that the allegation is made out, for such further period as appears necessary in order to ensure that those matters can be presented to the adjudicator or Tribunal without any disclosure being directly or indirectly made contrary to the public interest.
(5) If under the rules of procedure leave to appeal to the Tribunal is required in cases where an adjudicator dismisses an appeal under section 13 above, then the authority having power to grant leave to appeal shall grant it-
(a) in any case where the appeal was against a decision that the appellant required leave to enter the United Kingdom, and the authority is satisfied that at the time of the decision he held a certificate of patriality; and (b) in any case where the appeal was against a refusal of leave to enter, and the authority is satisfied that at the time of the refusal the appellant held an entry clearance and that the dismissal of the appeal was not required by section 13(4).
(6) A person who is required under or in accordance with rules of procedure to attend and give evidence or produce documents before an adjudicator or the Tribunal, and fails without reasonable excuse to comply with the requirement, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
(7) The power to make rules of procedure shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
23. The Secretary of State may with the consent of the Treasury make grants to any voluntary organisation which provides advice or assistance for, or other services for the welfare of, persons who have rights of appeal under this Part of this Act.
Immigration Act 1971
c. 77
25
PART III
CRIMINAL PROCEEDINGS
24.—(1) A person who is not patrial shall be guilty of an Illegal entry offence punishable on summary conviction with a fine of not and similar more than £200 or with imprisonment for not more than six months, or with both, in any of the following cases:
(a) if contrary to this Act he knowingly enters the United Kingdom in breach of a deportation order or without leave;
(b) if, having only a limited leave to enter or remain in
the United Kingdom, he knowingly either-
(i) remains beyond the time limited by the leave; or
(ii) fails to observe a condition of the leave;
(c) if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains with- out leave beyond the time allowed by section 8(1); (d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of health, or to attend, or submit to a test or examination, as required by such an officer;
(e) if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence or as to reporting to the police or to an immigration officer;
(f) if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom;
(g) if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7)
of this Act.
(2) A constable or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed or attempted to commit an offence under this section other than an offence under subsection (1)(d) above.
(3) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(a), (b)(i) and (c) above.
(4) In proceedings for an offence against subsection (1)(a) above of entering the United Kingdom without leave,—
(a) any stamp purporting to have been imprinted on a passport or other travel document by an immigration
offences.