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Section 26A Registration cardC2C1F1

United Kingdom

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

(1)

In this section “registration card” means a document which—

(a)

carries information about a person (whether or not wholly or partly electronically), and

(F2b)

is issued by the Secretary of State to the person wholly or partly in connection with—

(i)

a claim for asylum (whether or not made by that person), or

(ii)

a claim for support under section 4 of the Immigration and Asylum Act  1999 (whether or not made by that person).

(2)

In subsection (1) “claim for asylum” has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002.

(3)

A person commits an offence if he—

(a)

makes a false registration card,

(b)

alters a registration card with intent to deceive or to enable another to deceive,

(c)

has a false or altered registration card in his possession without reasonable excuse,

(d)

uses or attempts to use a false registration card for a purpose for which a registration card is issued,

(e)

uses or attempts to use an altered registration card with intent to deceive,

(f)

makes an article designed to be used in making a false registration card,

(g)

makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or

(h)

has an article within paragraph (f) or (g) in his possession without reasonable excuse.

(4)

In subsection (3) “false registration card” means a document which is designed to appear to be a registration card.

(5)

A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or

(b)

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(6)

A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b)

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(7)

The Secretary of State may by order—

(a)

amend the definition of “registration card” in subsection (1);

(b)

make consequential amendment of this section.

(8)

An order under subsection (7)—

(a)

must be made by statutory instrument, and

(b)

may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Annotations

Textual amendments

F1

S. 26A inserted (10.2.2003) by 2002 c. 41, s. 148 (with s. 159); S.I. 2003/1, art. 2, Sch.

F2

S. 26A(1)(b) substituted (27.6.2008) by The Immigration (Registration Card) Order 2008 (S.I. 2008/1693), art. 2

Modifications

C1

Ss. 24-29: 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)

C2

Pt. 3 modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))

Notes on Part III

Modifications

C1

Pt. 3 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; and (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(4)(5); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)

C2

Pt. 3 extended (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1 (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))