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Facilities at ports |
| Provision of facilities for immigration control at ports. |
18. - (1) The person responsible for the management of a port ("the manager") must provide the Secretary of State free of charge with such facilities at the port as the Secretary of State may direct as being reasonably necessary for, or in connection with, the operation of immigration control.
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(2) Before giving such a direction, the Secretary of State must consult such persons likely to be affected by it as he considers appropriate.
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(3) If the Secretary of State gives such a direction, he must send a copy of it to the person appearing to him to be the manager.
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(4) If the manager persistently fails to comply with the direction (or part of it), the Secretary of State may-
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(a) in the case of a port which is not a port of entry, revoke any approval in relation to the port given under paragraph 26(1) of Schedule 2 to the 1971 Act; |
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(b) in the case of a port of entry, by order revoke its designation as a port of entry. |
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(5) A direction under this section is enforceable, on the application of the Secretary of State-
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(a) by injunction granted by a county court; or |
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(b) in Scotland, by an order under section 45 of the Court of Session Act 1988. |
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(6) "Port" means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the 1971 Act.
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(7) "Facilities" means accommodation, facilities, equipment and services of a class or description specified in an order made by the Secretary of State.
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Offences |
| Deception. |
19. In the 1971 Act, after section 24, insert-
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| "Deception. |
24A. - (1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him, he obtains or seeks to obtain-
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(a) leave to enter or remain in the United Kingdom; or |
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(b) the avoidance, postponement or revocation of enforcement action against him. |
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(2) "Enforcement action", in relation to a person, means-
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(a) the giving of directions for his removal from the United Kingdom ("directions") under Schedule 2 to this Act or section 7 of the Immigration and Asylum Act 1999; |
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(b) the making of a deportation order against him under section 5 of this Act; or |
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(c) his removal from the United Kingdom in consequence of directions or a deportation order. |
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(3) A person guilty of an offence under this section is liable-
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(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or |
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(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. |
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(4) The extended time limit for prosecutions which is provided for by section 28 applies to an offence under this section."
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| False statements etc. |
20. - (1) Section 26 of the 1971 Act (general offences in connection with administration of the Act) is amended as follows.
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(2) In subsection (1)(c), for "this Act" substitute "a relevant enactment".
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(3) After subsection (2), insert-
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"(3) "Relevant enactment" means-
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(b) the Immigration Act 1988; |
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(c) the Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5); |
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(d) section 2 of the Asylum and Immigration Act 1996; or |
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(e) the Immigration and Asylum Act 1999 (apart from Part VI)." |
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