Modifications etc. (not altering text)
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)
C2Pt. 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))
C3Pt. 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))
(1)A person shall be guilty of an offence punishable on summary conviction with a fine of not more than [F1[F2level 5] on the standard scale] or with imprisonment for not more than six months, or with both, in any of the following cases—
(a)if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;
(b)if, without reasonable excuse, he refuses or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;
(c)if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of [F3a relevant enactment] a return, statement or representation which he knows to be false or does not believe to be true;
(d)if, without lawful authority, he alters any [F4certificate of entitlement], entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, [F4certificate of entitlement], entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;
(e)if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act;
(f)if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above;
(g)if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.
[F5(h)if, without reasonable excuse, the person fails to comply with a direction under paragraph 1(6) of Schedule 2 (direction to move a container for purposes of a search).]
(2)The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above.
[F6(3)“Relevant enactment” means—
(a)this Act;
(b)the M1Immigration Act 1988;
(c)the M2Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5);F7. . .
(d)the Immigration and Asylum Act 1999 (apart from Part VI) [F8 ; or
(e)the Nationality, Immigration and Asylum Act 2002 (apart from Part 5).]]
Textual Amendments
F1Words substituted (E.W.) (S.) (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54), and (N.I) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6
F2Words in s. 26(1) substituted (1.10.1996) by 1996 c. 49, s. 6; S.I. 1996/2053, art. 2, Sch. Pt. III
F3Words in s. 26(1)(c) substituted (14.2.2000) by 1999 c. 33, s. 30(1)(2); 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.)
F4Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1) (with Sch. 8 para. 8)
F5S. 26(1)(h) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 44(4), 87(5)(f)
F6S. 26(3) inserted (14.2.2000) by 1999 c. 33, s. 30(1)(3); 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.)
F7Word after s. 26(3)(c) repealed (10.2.2003) by 2002 c. 41, ss. 151(a), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.
F8S. 26(3)(e) and preceding word inserted (10.2.2003) by 2002 c. 41, s. 151(b) (with s. 159); S.I. 2003/1, art. 2, Sch.
Modifications etc. (not altering text)
C4Ss. 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)
C5S. 26(1)(d) modified (11.11.2000) by 1999 c. 33, ss. 31(1)(2)(3)(c)(4)(d), 170(3) (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)
C6S. 26(1)(f) amended (S.) by Criminal Justice (Scotland) Act 1980 (c. 62), s. 26, Sch. 1
Marginal Citations