Search Legislation

UK Borders Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Detention at ports

 Help about opening options

Version Superseded: 31/12/2020

Status:

Point in time view as at 30/09/2020.

Changes to legislation:

There are currently no known outstanding effects for the UK Borders Act 2007, Cross Heading: Detention at ports. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Detention at portsE+W+N.I.

1Designated immigration officersE+W+N.I.

(1)The Secretary of State may designate immigration officers for the purposes of section 2.

(2)The Secretary of State may designate only officers who the Secretary of State thinks are—

(a)fit and proper for the purpose, and

(b)suitably trained.

(3)A designation—

(a)may be permanent or for a specified period, and

(b)may (in either case) be revoked.

Commencement Information

I1S. 1 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)

2DetentionE+W+N.I.

(1)A designated immigration officer at a port in England, Wales or Northern Ireland may detain an individual if the immigration officer thinks that the individual—

(a)may be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 (c. 60) or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), or

(b)is subject to a warrant for arrest.

[F1(1A)A designated immigration officer at a port in Scotland may detain an individual if the immigration officer thinks that ] [F2the individual—

(a)may be liable to be detained by a constable under section 14 of the Criminal Procedure (Scotland) Act 1995 in respect of an offence under section 10(1) of the Counter-Terrorism and Security Act 2015, or

(b)is subject to a warrant for arrest.]

(2)A designated immigration officer who detains an individual—

(a)must arrange for a constable to attend as soon as is reasonably practicable,

(b)may search the individual for, and retain, anything that might be used to assist escape or to cause physical injury to the individual or another person,

(c)must retain anything found on a search which the immigration officer thinks may be evidence of the commission of an offence, and

(d)must, when the constable arrives, deliver to the constable the individual and anything retained on a search.

(3)An individual may not be detained under this section for longer than three hours.

(4)A designated immigration officer may use reasonable force for the purpose of exercising a power under this section.

(5)Where an individual whom a designated immigration officer has detained or attempted to detain under this section leaves the port, a designated immigration officer may—

(a)pursue the individual, and

(b)return the individual to the port.

(6)Detention under this section shall be treated as detention under the Immigration Act 1971 (c. 77) for the purposes of Part 8 of the Immigration and Asylum Act 1999 (c. 33) (detained persons).

Textual Amendments

F2Words in s. 2(1A) substituted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 10(8), 52(5)

Modifications etc. (not altering text)

C2S. 2 modified by S.I. 1994/1405, art. 7 (as amended (coming into force on a date to be notified in the Gazette in accordance with reg. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), regs. 1(3), 11

Commencement Information

I2S. 2 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)

3EnforcementE+W+N.I.

(1)An offence is committed by a person who—

(a)absconds from detention under section 2,

(b)assaults an immigration officer exercising a power under section 2, or

(c)obstructs an immigration officer in the exercise of a power under section 2.

(2)A person guilty of an offence under subsection (1)(a) or (b) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks,

(b)a fine not exceeding level 5 on the standard scale, or

(c)both.

(3)A person guilty of an offence under subsection (1)(c) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks,

(b)a fine not exceeding level 3 on the standard scale, or

(c)both.

(4)In the application of this section to Northern Ireland—

(a)the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, and

(b)the reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month.

[F3(4A)In the application of this section to Scotland, the references in subsections (2)(a) and (3)(a) to 51 weeks shall be treated as references to 12 months.]

(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences)—

(a)the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, and

(b)the reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month.

Textual Amendments

Commencement Information

I3S. 3 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)

4Interpretation: “port”E+W+N.I.

(1)In section 2 “port” includes an airport and a hoverport.

(2)A place shall be treated for the purposes of that section as a port in relation to an individual if a designated immigration officer believes that the individual—

(a)has gone there for the purpose of embarking on a ship or aircraft, or

(b)has arrived there on disembarking from a ship or aircraft.

Modifications etc. (not altering text)

C5S. 4 modified by S.I. 1994/1405, art. 7 (as amended (coming into force on a date to be notified in the Gazette in accordance with reg. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), regs. 1(3), 11

Commencement Information

I4S. 4 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources