42
SCH. 2
c. 77
Immigration Act 1971
(3) In the exercise of their functions under this Act immigration officers shall act in accordance with such instructions (not incon- sistent 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 excrcising 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 taken off a ship or aircraft on which it has been brought to the United Kingdom.
Examination by immigration officers, and medical examination 2.-(1) An immigration officer may examine any persons who have 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 patrial; 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, he should be given leave and for what period and on what conditions (if any), or should be refused leave.
(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 may examine any person who is embarking or seeking to embark in the United Kingdom for the purpose of determining whether he is patrial and, if he is not, for the purpose of establishing his identity.
(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.
Immigration Act 1971
c. 77
43
Information and documents
4.--(1) It shall be the duty of any person examined under para- graph 2 or 3 above to furnish to the person carrying out the examina- tion all such information in his possession as that person may require for the purpose of his functions under that paragraph.
(2) A person on his examination under paragraph 2 or 3 above by an immigration officer shall, if so required by the immigration officer-
(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 documents of any relevant description specified by the immigration officer, 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 to be relevant for the purposes of the examination.
(3) Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying docu- ments of any description, he and any baggage belonging to him or under his control may be searched with a view to ascertaining whether he is doing so by the immigration officer or a person acting under the directions of the officer:
Provided that no woman or girl shall be searched except by a
woman.
(4) An immigration officer may examine any documents produced pursuant to sub-paragraph (2)(b) above or found on a search under sub-paragraph (3), and may for that purpose detain them for any period not exceeding seven days; and if on examination of any docu- ment so produced or found the immigration officer is of the opinion that it may be needed in connection with proceedings on an appeal under this Act or for an offence, he may detain it until he is satisfied that it will not be so needed.
5. The Secretary of State may by order made by statutory instru- ment make provision for requiring 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 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 twelve 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 twelve hours, he shall (if not patrial) be deemed to have been given indefinite leave to enter the United Kingdom and the
SCH. 2