Paragraph 4 C1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 27B(4A) inserted by Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 s. 16
Sch. 2 para. 26(4) inserted by Immigration Act 2016 s. 74(1)
Sch. 2 Pt. 1A inserted by Immigration Act 2016 Sch. 13
Sch. 2 para. 17A applied by Illegal Migration Act 2023 s. 8(14)
Sch. 2 para. 11A inserted by Illegal Migration Act 2023 s. 10(4)
Sch. 2 excluded in part by 2002 c. 41, s. 62(3A) (as inserted) by Illegal Migration Act 2023 s. 11(8)

(1)

It shall be the duty of any person examined under paragraph 2F1, 2A or 3 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of F2that or any other person's functions under that paragraph.

(2)

A person on his examination under paragraph 2, 2A or 3 above by an immigration officer F3, or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer or designated person —

(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 F4, or has carried or conveyed, documents of any relevant description specified by F5the immigration officer or designated person, and produce any documents of that description which he is carrying or conveying.

In paragraph (b), “relevant description” means any description appearing to F6the immigration officer or designated person to be relevant for the purposes of the examination.

(2A)

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying F8, or has carried or conveyed, documents of any description,

F9(a)

he and any baggage or vehicle belonging to him or under his control; and

(b)

any ship, aircraft or vehicle in which he arrived in the United Kingdom,

may be searched with a view to ascertaining whether he is doing F10or, as the case may be, has done so by F11an immigration officer or a person acting under the directions of an immigration officer :

Provided that no woman or girl shall be searched except by a woman.

F12(4)

Where a passport or other document is F13produced to or found by an immigration officer in accordance with this paragraphF14, the immigration officer may examine it and detain it—

(a)

for the purpose of examining it, for a period not exceeding 7 days;

(b)

for any purpose, until the person to whom the document relates is given leave to enter the United Kingdom or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter;

(c)

after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings in respect of an appeal under the Immigration Acts or in respect of an offence.

(F154A)

Where a passport or other document is produced to a designated person in accordance with this paragraph, the designated person—

(a)

may examine it and detain it; and

(b)

must deliver any detained passport or document to an immigration officer as soon as reasonably practicable.

(4B)

If a passport or document is delivered to an immigration officer in accordance with sub-paragraph (4A)(b), sub-paragraph (4) applies as if the immigration officer had detained the document (and, accordingly, the immigration officer may continue to detain it in accordance with sub-paragraph (4)(a), (b) or (c)).

(5)

For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examinationF16, or any immigration officer or designated person, may require the person being examined to provide F17biometric information (whether or not by submitting to a process by means of which information is obtained or recorded) F18....

F19(6)

Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.

F20(7)

A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless—

(a)

the decision to require P to provide the information has been confirmed by a chief immigration officer, and

(b)

the information is provided in the presence of a person of full age who is—

(i)

P's parent or guardian, or

(ii)

a person who for the time being takes responsibility for P.

(8)

The person mentioned in sub-paragraph (7)(b)(ii) may not be—

(a)

a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or

(b)

an officer of the Secretary of State who is not such a person.

(9)

Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 4(1)(2) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 58; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)
F2: Words in Sch. 2 para. 4(1) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(2); S.I. 2014/1820, art. 3(bb)
F3: Words in Sch. 2 para. 4(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(a); S.I. 2014/1820, art. 3(bb)
F4: Words in Sch. 2 para. 4(2)(b) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(1); S.I. 1996/2053, art. 2, Sch. Pt. III
F5: Words in Sch. 2 para. 4(2)(b) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(b); S.I. 2014/1820, art. 3(bb)
F6: Words in Sch. 2 para. 4(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(3)(c); S.I. 2014/1820, art. 3(bb)
F7: Sch. 2 para. 4(2A) repealed (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. {27(2)}, 61, {Sch. 3}; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)
F8: Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(a); S.I. 1996/2053, art. 2, Sch. Pt. III
F9: Sch. 2 para. 4(3)(a)(b) substituted (1.10.1996) for words by 1996 c. 49, s 12(1), Sch. 2 para. 5(2)(b); S.I. 1996/2053, art. 2, Sch. Pt. III
F10: Words in Sch. 2 para. 4(3) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 5(2)(c); S.I. 1996/2053, art. 2, Sch. Pt. III
F11: Words in Sch. 2 para. 4(3) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(4); S.I. 2014/1820, art. 3(bb)
F12: Sch. 2 para. 4(4)(5) substituted (31.8.2006) for Sch. 2 para. 4(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 27(1); S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)
F13: Words in Sch. 2 para. 4(4) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(5)(a); S.I. 2014/1820, art. 3(bb)
F14: Words in Sch. 2 para. 4(4) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(5)(b); S.I. 2014/1820, art. 3(bb)
F15: Sch. 2 para. 4(4A)(4B) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(6); S.I. 2014/1820, art. 3(bb)
F16: Words in Sch. 2 para. 4(5) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 8 para. 3(7); S.I. 2014/1820, art. 3(bb)
F17: Word in Sch. 2 para. 4(5) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(2)(a); S.I. 2014/1820, art. 3(z)
F18: Words in Sch. 2 para. 4(5) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(2)(b); S.I. 2014/1820, art. 3(z)
F19: Sch. 2 para. 4(6) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 2 para. 1(3); S.I. 2014/1820, art. 3(z)
F20: Sch. 2 para. 4(7)-(9) inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 13(2), 75(3); S.I. 2014/1820, art. 3(l)

Modifications

C1

Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)

Sch. 2 para. 4 modified (18.7.2001) by S.I. 2001/2590, art. 3

Notes on Schedule 2

Modifications

C1

Sch. 2 modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(b); S.I. 1991/1072, art. 2, Sch. Pt.I

C2

Sch. 2 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(11) (as amended: (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11; (30.7.2000) by S.I. 2000/1775, arts. 1, 2(2); (25.5.2001) by S.I. 2001/1544, arts. 1(2), 6(3) (as itself amended (2.1.2008) by S.I. 2007/3579, art. 2(2)(3)); (5.8.2014) by S.I. 2014/1814, arts. 1, 2(3)(4); and (30.9.2020) by S.I. 2020/915, arts. 1(2), 5(5))

Sch. 2 extended (with modifications): (Guernsey) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1; (Jersey) (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

Sch. 2 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

Sch. 2 amended (2.10.2000) by 1999 c. 33, s. 66; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 extended (10.2.2003) (with modifications) by 2002 c. 41, s. 62(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Sch. 2 amended (1.4.2003) by 2002 c. 41, s. 68 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2) (as amended by S.I. 2003/1040 and S.I. 2003/1339)

C3

Sch. 2 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(4) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(c))

C4

Sch. 2 applied in part (with modifications) by S.I. 2006/1003, reg. 29AA(6)(7) (as inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 8 (with reg. 4))

C5

Sch. 2 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 40(7), 41(7)

C6

Sch. 2 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 55(7)(b) (with reg. 3)

C7

Sch. 2 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 21(8)(b) (with reg. 3)

C8

Schs. 2-4: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)

C9

Sch. 2 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6

C10

Sch. 2 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C11

Sch. 2 modified (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 13(2)

C12

Sch. 2 modified (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 7

C13

Sch. 2 applied (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 16(1)(4)

Notes on Part I

Modifications

C1

Sch. 2 Pt. I applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

C2

C3