Section 41 Visas for transit passengers.C1
The Secretary of State may by order require transit passengers to hold a transit visa.
“Transit passengers” means persons of any description specified in the order who on arrival in the United Kingdom pass through to another country without entering the United Kingdom; and “transit visa” means a visa for that purpose.
The order—
may specify a description of persons by reference to nationality, citizenship, origin or other connection with any particular country but not by reference to race, colour or religion;
may not provide for the requirement imposed by the order to apply to any person who under the 1971 Act has the right of abode in the United Kingdom;
may provide for any category of persons of a description specified in the order to be exempt from the requirement imposed by the order;
may make provision about the method of application for visas required by the order.
Annotations
Modifications
- C1
Ss. 40-43 power to apply (with modifications) or amend conferred (18.7.2012) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 124(6), 162(1) (with s. 159); S.I. 2012/1887, art. 2
Notes on Part II
Modifications
- C1
Pt. II (ss. 32-43) modified (7.2.2001 for certain purposes and otherwise 1.3.2001) by S.I. 2001/280, arts. 1, 2 (with art. 5)
Notes on Individuals without proper documents or authorisation
Textual amendments
- F1
S. 40 cross-heading substituted (20.3.2026) by Nationality and Borders Act 2022 (c. 36), ss. 76(9)(b), 87(1) (which amendment is extended (with modifications) (Guernsey) (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/1138, arts. 1(1), 2, Schs. 1, 2); S.I. 2026/165, reg. 2