Article 3 Power for immigration officer to require a passenger list and crew information

(1)

This article applies to—

(a)

a ship or aircraft arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom;

(b)

a through train or shuttle train arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom.

(2)

An immigration officer may require a responsible person^f1 in respect of a ship or aircraft to supply—

(a)

a passenger list showing the names and nationality or citizenship of the passengers arriving or leaving the United Kingdom on board the ship or aircraft; and

(b)

the crew information specified in paragraph 2 of Schedule 1 (mandatory information).

(3)

An immigration officer may require a train manager of a through train or shuttle train or a person operating an international service or their agent to supply—

(a)

a passenger list showing the names and nationality or citizenship of the passengers arriving or leaving the United Kingdom on board the train; and

(b)

the crew information specified in paragraph 2 of Schedule 1.

(4)

Where a person is subject to a requirement under paragraph (2) or (3), they must provide the required information before—

(a)

the beginning of the relevant period; and

(b)

the point in time when it is no longer possible for any further passengers or crew to board the service prior to its departure.

(5)

The person subject to a requirement under paragraph (2) or (3) must provide the information—

(a)

in an electronic form that is compatible with the technology used by the Secretary of State; and

(b)

by means of a system which enables the carrier to send communications to, and receive communications from, the Secretary of State or an immigration officer relating to the information provided,

unless an alternative form and manner of information transmission is authorised by the Secretary of State or an immigration officer.

(6)

In this article—

(a)

“relevant period” means a sufficient period of time, between the provision of the required information and departure of the service, for the Secretary of State to refuse authority under the scheme;

(b)

“scheme” means the applicable authority-to-carry scheme made under section 22(1) of the Counter-Terrorism and Security Act 2015^f2.

Annotations

Footnotes

f1: See paragraph 27(4) of Schedule 2 to the 1971 Act for the meaning of a “responsible person”.
f2: 2015 c. 6.