52
c. 77
SCH. 2
Immigration Act 1971
or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or
(b) if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety's belief that that person is likely to break the first-mentioned condition, and of the surety's wish for that reason to be relieved of his obligations as a surety;
and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.
(2) A person arrested under this paragraph-
(a) if not required by a condition on which he was released to appear before an immigration officer within twenty-four hours after the time of his arrest, shall as soon as practicable be brought before an adjudicator or, if that is not practicable within those twenty-four hours, before a justice of the peace acting for the petty sessions area in which he is arrested or, in Scotland, the sheriff; and
(b) if required by such a condition to appear within those twenty-four hours before an immigration officer, shall be brought before that officer.
(3) An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above-
(a) if of the opinion that that person has broken or is likely to break any condition on which he was released, may either-
(i) direct that he be detained under the authority of the person by whom he was arrested; or
(ii) release him, on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and (b) if not of that opinion, shall release him on his original
recognizance or bail.
25. The power to make rules of procedure conferred by section 22 of this Act shall include power to make rules with respect to applica- tions to an adjudicator under paragraphs 22 to 24 above and matters arising out of such applications.
Supplementary duties of those connected with ships or aircraft or with ports
26. (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 and have not been given leave, or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be patrial.
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(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.
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 dis- embark 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.
(2) The Secretary of State may by order made by statutory instru- ment make provision for requiring captains of ships or aircraft arriving in the United Kingdom, or of such of them as arrive from or by way of countries or places specified in the order, to furnish to immigration officers-
(a) a passenger list showing the names and nationality or citizenship of passengers arriving on board the ship or aircraft:
(b) particulars of members of the crew of the ship or aircraft;
and for enabling an immigration officer to dispense with the furnishing of any such list or particulars.
SCH. 2