OpenLegislation

Section 141 Fingerprinting.C1C2

United Kingdom

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

(1)

Fingerprints may be taken by an authorised person from a person to whom this section applies.

(2)

Fingerprints may be taken under this section only during the relevant period.

(3)

Fingerprints may not be taken under this section from a person under the age of sixteen (“the child”) except in the presence of a person of full age who is—

(a)

the child’s parent or guardian; or

(b)

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

(4)

The person mentioned in subsection (3)(b) may not be—

(a)

an officer of the Secretary of State who is not an authorised person;

(b)

an authorised person.

(5)

“Authorised person” means—

(a)

a constable;

(b)

an immigration officer;

(c)

a prison officer;

(d)

an officer of the Secretary of State authorised for the purpose; F1...

(e)

a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a F2removal centre contract.

F3(f)

a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a short-term holding facility contract; or

(g)

a person of a description specified in regulations made by the Secretary of State.

(6)

In subsection (5)(e) “contractor” and “F4removal centre contract” have the same meaning as in Part VIII.

F5(6A)

In this section—

(a)

“short-term holding facility” has the same meaning as in Part 8,

(b)

“short-term holding facility contract” means a contract entered into by the Secretary of State under section 149 as extended to short-term holding facilities by regulations under section 157(1), and

(c)

“contractor”, in relation to a short-term holding facility which is being run in accordance with a short-term holding facility contract, means the person who has contracted to run it.

(7)

This section applies to—

(a)

any person (“A”) who, on being required to do so by an immigration officer on his arrival in the United Kingdom, fails to produce a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship;

(b)

any person (“B”) who has been refused leave to enter the United Kingdom but has been F6granted immigration bail under Schedule 10 to the Immigration Act 2016 if an immigration officer reasonably suspects that B might break any condition imposed on him relating to residence or as to reporting to the police or an immigration officer;

F7(c)

any person (“C”) in respect of whom the Secretary of State F8—

(i)

is considering whether to make a deportation order,

(ii)

is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

(iii)

has decided to make a deportation order, or

(iv)

has decided that section 32(5) of that Act applies;

(ca)

any person (“CA”) who requires leave to enter or remain in the United Kingdom but does not have it;

(d)

any person (“D”) who has been F9detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule;

(e)

any person (“E”) who has made a claim for asylum;

F10(f)

any person (“F”) who is—

(i)

a member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), or

(ii)

a dependant of a person within paragraph (c)(i) F11or (iii).

(8)

“The relevant period” begins—

(a)

for A, on his failure to produce the passport or other document;

(b)

for B, on the decision to F12grant him bail ;

F13(c)

for C F14—

(i)

when C is notified of the matter mentioned in subsection (7)(c)(i) or (ii), or

(ii)

if no such notification is given to C, when C is notified of the decision mentioned in subsection (7)(c)(iii) or (iv);

(ca)

for CA, when he becomes a person to whom this section applies;

(d)

for D, on his F15detention or arrest;

(e)

for E, on the making of his claim for asylum; and

(f)

for F, at the same time as for the person F16of whose family he is a member or whose dependant he is.

(9)

“The relevant period” ends on the earliest of the following—

(a)

the grant of leave to enter or remain in the United Kingdom;

(b)

for A, B, C F17, CA or D, his removal or deportation from the United Kingdom;

F18(c)

for C—

(F19zi)

the time when C is notified of the Secretary of State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C,

(i)

the time when the F20decision mentioned in subsection (7)(c) F21(iii) or (iv) ceases to have effect, whether as a result of an appeal or otherwise, or

(ii)

if a deportation order has been made against him, its revocation or its otherwise ceasing to have effect;

F22(ca)

for CA, when he no longer requires leave to enter or remain in the United Kingdom;

(d)

for D, his release if he is no longer liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act;

(e)

for E, the final determination or abandonment of his claim for asylum; and

(f)

for F, at the same time as for the person F23of whose family he is a member or whose dependant he is.

(10)

No fingerprints may be taken from A if the immigration officer considers that A has a reasonable excuse for the failure concerned.

(11)

No fingerprints may be taken from B unless the decision to take them has been confirmed by a chief immigration officer.

(12)

An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed—

(a)

if he is a constable, by a person designated for the purpose by the chief constable of his police force;

(b)

if he is a person mentioned in subsection (5)(b) F24, (e) or (f), by a chief immigration officer;

(c)

if he is a prison officer, by a person designated for the purpose by the governor of the prison;

(d)

if he is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State.

F25(e)

if the authorised person is specified in regulations made by the Secretary of State under subsection (5)(g), by a person, or a person of a description, specified in such regulations.

(13)

Neither subsection (3) nor subsection (12) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.

F26(13A)

For the purposes of subsection (7)(f)(i), a person is a member of the family of another person (“P”) if—

(a)

the person is—

(i)

P's partner,

(ii)

P's child, or a child living in the same household as P in circumstances where P has care of the child,

(iii)

in a case where P is a child, P's parent, or

(iv)

an adult dependant relative of P, and

(b)

the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

(13B)

In subsection (13A) “child” means a person who is under the age of 18.

(14)

For the purposes of subsection F27(7)(f)(ii) , a person is a dependant of another person if—

(a)

he is that person’s spouse or child under the age of eighteen; and

(b)

he does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

(15)

“Claim for asylum” has the same meaning as in Part VI.

F28(16)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(17)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Word in s. 141(5)(d) omitted (2.12.2025 for specified purposes, 2.2.2026 in so far as not already in force) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 47(2)(a), 65(3)(f)(4)

F2

Words in s. 141(5)(e) substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(n), 162(1), (with s. 159); S.I. 2003/1, art. 2, Sch.

F3

S. 141(5)(f)(g) inserted (2.12.2025 for specified purposes, 2.2.2026 in so far as not already in force) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 47(2)(b), 65(3)(f)(4)

F4

Words in s. 141(6) substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(n), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F5

S. 141(6A) inserted (2.12.2025 for specified purposes, 2.2.2026 in so far as not already in force) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 47(3), 65(3)(f)(4)

F6

Words in s. 141(7)(b) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 30(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F7

S. 141(7)(c)(ca) substituted for s. 141(7)(c) (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(2)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F8

S. 141(7)(c)(i)-(iv) substituted for words (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(7)(a), 65(3)(b)

F9

Words in s. 141(7)(d) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 28(2), 62(1)(2); S.I. 2006/2226, art. 3, Sch. 1

F10

S. 141(7)(f) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(2), 94(1); S.I. 2016/603, reg. 3(j)

F11

Words in s. 141(7)(f)(ii) inserted (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(7)(b), 65(3)(b)

F12

Words in s. 141(8)(b) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 30(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F13

S. 141(8)(c)(ca) substituted for s. 141(8)(c) (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F14

S. 141(8)(c)(i)(ii) substituted for words (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(8), 65(3)(b)

F15

Words in s. 141(8)(d) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 28(3), 62(1)(2); S.I. 2006/2226, art. 3, Sch. 1

F16

Words in s. 141(8)(f) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(3), 94(1); S.I. 2016/603, reg. 3(j)

F17

Word in s. 141(9)(b) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(4)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F18

S. 141(9)(c) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 15(4), 48(3); S.I. 2004/2523, art. 2, Sch.

F19

S. 141(9)(c)(zi) inserted (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(9)(a), 65(3)(b)

F20

Words in s. 141(9)(c)(i) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(4)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F21

Words in s. 141(9)(c)(i) inserted (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(9)(b), 65(3)(b)

F22

S. 141(9)(ca) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(4)(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F23

Words in s. 141(9)(f) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(4), 94(1); S.I. 2016/603, reg. 3(j)

F24

Words in s. 141(12)(b) substituted (2.12.2025 for specified purposes, 2.2.2026 in so far as not already in force) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 47(4)(a), 65(3)(f)(4)

F25

S. 141(12)(e) inserted (2.12.2025 for specified purposes, 2.2.2026 in so far as not already in force) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 47(4)(b), 65(3)(f)(4)

F26

S. 141(13A)(13B) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(5), 94(1); S.I. 2016/603, reg. 3(j)

F27

Word in s. 141(14) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 57(6), 94(1); S.I. 2016/603, reg. 3(j)

F28

S. 141(16) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 29(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F29

S. 141(17) omitted (2.12.2025 for specified purposes, 2.2.2026 in so far as not already in force) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 47(5), 65(3)(f)(4)

Modifications

C1

S. 141 modified by S.I. 1993/1813, art. 7(1), Sch. 4, para. 2A (as inserted (26.10.2006) by Channel Tunnel (International Arrangements) (Amendment) Order 2006 (S.I. 2006/2626), arts. 1, 2)

C2

S. 141 extended (with modifications) by S.I. 2002/2818, art. 11(1)(f), Sch. 2, para. 1A (as inserted (18.11.2006) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006 (S.I. 2006/2908), arts. 1, 2(a))