UK Borders Act 2007

[^key-b226f67c2bc3f7d06c78ec4126f7e92a]: S. 61 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 4, Sch. 3, Sch. 3A

[^key-d29ab37edfab7efb434f5e13b9ab166a]: S. 33 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(4), 4(5), 12(1)(m)

[^key-234fbffc6a774509074236568b5d5a3b]: S. 2(1)(aa) inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 28; S.I. 2020/1652, reg. 2(1)(b)

[^key-bc31f3926b541623e132c7c1e1c54bcc]: S. 2(1A)(aa) inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 28; S.I. 2020/1652, reg. 2(1)(b)

[^key-65bed36e235dc80df12932815468c0a0]: Words in s. 32(1)(a) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 17(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d2544899da67ab0392cb75f385e05cc3]: S. 33(4) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 17(2)

[^key-311317021e4e42dcf0cf1bffee209176]: S. 33(5)(ca) inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 29; S.I. 2020/1652, reg. 2(1)(b)

[^key-1528853768ca64cd01757a534aee31a3]: S. 33(6C)(ba) inserted (31.12.2020) by The Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 (S.I. 2020/1210), regs. 1(1), 4(2); S.I. 2020/1279, reg. 4(a)

[^key-d5a7e36b5c84cf2954336783e25d2996]: S. 56A(3) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 17(3) (with reg. 17(4)(5))

[^key-a20ade89ace0e1e4feb2d1ac8e375e85]: Word in s. 61(2)(j) omitted (31.12.2020) by virtue of Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), ss. 4(1)(a), 9(1) (with s. 4(2)); S.I. 2020/1279, reg. 4(b)

[^key-61cedb006069bba9e98809590fa70d37]: S. 61(2)(l) and word inserted (31.12.2020) by Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), ss. 4(1)(b), 9(1) (with s. 4(2)); S.I. 2020/1279, reg. 4(b)

[^key-d6d41e94bb0027e89123669bab7f55ea]: S. 22 modified (31.3.2021) by S.I. 2003/2818, art. 3(4) (as inserted by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(3))

[^key-b7b04827f204bbc32797f31f605c58e4]: S. 24 heading substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(2), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

[^key-1887a5d7a394844974af3e73be445011]: S. 24(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

[^key-df30d6d8367546f76d6de8763228d80e]: Words in s. 24(2)(a) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(4), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

[^key-281573d8d343aaa8eab4caa4fbedf933]: Words in s. 24(2)(c) substituted (27.4.2017 for specified purposes, 30.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(5), 58(1)(6); S.I. 2018/78, reg. 2(c); S.I. 2021/724, reg. 2(1)(i)

[^key-53b7c54cc907b5c8b7c37cd86df7c6d1]: Words in s. 24(2)(d) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(6), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

[^key-aeb2f6bd4703ff29938fa3975970948d]: Words in s. 24(2)(e) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(7), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

[^key-d2fb469158460ee2f76696d37bc3b016]: Words in s. 24(2)(g) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(10), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

[^key-32eb58a69ea0110af33620280d56d374]: Words in s. 24(2)(h) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(11), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

[^key-07ce47992d781263f23d28a27f4d267d]: Act extended (with modifications) (7.7.2021) by S.I. 2003/2818, art. 11(1), Sch. 2 para. 4A (as inserted by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021 (S.I. 2021/784), arts. 1(2), 3)

[^key-80cec33998e9e1bcadf7de4048dff3c8]: S. 60(4) power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(j), 87(3)(c)

[^key-1687b12c0f4fee100273ac6544a46b1a]: Words in s. 42(5)(b) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-99a556d585d57d8055cb46ca44a8aa7b]: Word in s. 61(2)(k) omitted (28.4.2022) by virtue of Nationality and Borders Act 2022 (c. 36), ss. 84(7)(a), 87(3)(c)

[^key-9a1f0cf8a33c5838f93019f2aaeabe30]: S. 61(2)(m) and word inserted (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 84(7)(b), 87(3)(c)

[^key-cc1c51546f9119f5995c6d858d5e5004]: S. 26 excluded (28.6.2022) by 1971 c. 77, s. 28PA(6)(a) (as inserted by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 7 para. 7; S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 22 (with Sch. 2 para. 8))

[^key-608f9482f84e17e00ea6a97f2a904004]: S. 45(6) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 79(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 28

[^key-0b542e4481ccb0437e376b5c5e133683]: Words in s. 42(4)(b) substituted (E.W) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-cdfc2ab231cda281e5cc984146a3ad0d]: Words in s. 42(5) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-6711af06d62b33029cd60e915aeb8657]: Word in s. 61(2)(l) omitted (20.7.2023) by virtue of Illegal Migration Act 2023 (c. 37), ss. 64(4)(a), 68(3)(c) (with s. 55(9))

[^key-91b4e293ce345484416f52e7b00333ae]: S. 61(2)(n) and word inserted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 64(4)(b), 68(3)(c) (with s. 55(9))

[^key-f836da7d1ad870e40ebe7f2a49eb03cd]: S. 36(1A)-(1E) inserted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(5), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)

[^key-cedefbed6894a1dd2d15fe6a7f7fe321]: S. 61(2)(o) and word inserted (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 7(1)(b), 10(1) (with s. 10(2))

[^key-1a681bc9afe071bcc962d346ad455271]: Word in s. 61(2)(m) omitted (25.4.2024) by virtue of Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 7(1)(a), 10(1) (with s. 10(2))

[^key-1c629bb5f1363568ac3e425f42fc00de]: Word in s. 24(1) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(d), Sch. 9 para. 17(2); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

[^key-90641153f9770eefff2f88821ba9910b]: Words in s. 24(2)(d) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(d), Sch. 9 para. 17(5); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

[^key-329934e427298845705c26467c3cb0cd]: Words in s. 24(2)(e) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(d), Sch. 9 para. 17(6); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

[^key-dbe7a251f23ada43964cf7c22737e330]: Words in s. 24(2)(c) inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(d), Sch. 9 para. 17(4); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

[^key-8e2f3220acd5ba7bad7be4818917ee0e]: Words in s. 24(2)(a) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(d), Sch. 9 para. 17(3); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

[^key-334420fc4e3fa302bb53abe4afde15be]: Words in s. 24(2)(f) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(d), Sch. 9 para. 17(7)(a); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

[^key-db5be521df5b6e625836b5fb4d12e368]: Words in s. 24(2)(f)(ii) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(d), Sch. 9 para. 17(7)(b); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

[^key-155dc1db29844b13288b53fcac8a8a00]: Words in s. 24(2)(g) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(d), Sch. 9 para. 17(8); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

[^key-2244d2a8d0fe3a54daf19d98d0e5e9c4]: Words in s. 24(2)(h) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 For E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(d), Sch. 9 para. 17(9); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

[^key-3863fb4c583f796ac35eb47e08978c6d]: S. 60(4) power extended (2.12.2025) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 64(5)(6)(e), 65(3)(d)

[^key-a3f426ea2c55f27162214b84ad959939]: S. 61(2)(p) inserted (2.12.2025) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 62(4), 65(3)(d)

[^key-2e0491dd9914385b679249ee1c1c5ecd]: S. 61(2)(o) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(4), 65(3)(a)

Employment: search for personnel records

Employment: arrest

Employment: arrest

Facilitation: territorial application

UK Border Agency: onward disclosure

41A

• (1) HMRC and the CPS may each supply a person to whom this section applies with information for use for the purpose of the customs functions exercisable by that person.

• (2) This section applies to—

• (a) a designated customs official,

• (b) the Secretary of State by whom general customs functions are exercisable,

• (c) the Director of Border Revenue, and

• (d) a person acting on behalf of a person mentioned in paragraphs (a) to (c).

• (3) This section applies to a document or article which comes into the possession of, or is discovered by, HMRC or the CPS , or a person acting on behalf of HMRC or the CPS , as it applies to information.

• (4) A person to whom this section applies—

• (a) may retain for a purpose within subsection (1) a document or article supplied by virtue of subsection (3);

• (b) may dispose of a document or article supplied by virtue of subsection (3).

• (4A) Subsections (1) and (3) are subject to subsection (4B).

• (4B) In relation to the CPS, this section applies to—

• (a) information held by the CPS in connection with a Revenue and Customs function of the Director of Public Prosecutions;

• (b) a document or article which comes into the possession of, or is discovered by, the CPS, or a person acting on behalf of the CPS, in the exercise of a Revenue and Customs function of the Director of Public Prosecutions.

• (4C) In this section “Revenue and Customs function of the Director of Public Prosecutions” has the meaning given by section 40(4C).

• (5) A power conferred by this section on HMRC or the CPS may be exercised on behalf of HMRC or the CPS by a person who is authorised (generally or specifically) for the purpose.

• (6) In this section and section 41B “customs function” and “general customs function” have the meanings given by Part 1 of the Borders, Citizenship and Immigration Act 2009.

• (7) Nothing in this section affects any power to supply information apart from this section.

Establishment

41B

• (1) A person to whom information is supplied under section 41A may not disclose that information.

• (2) But subsection (1) does not apply to a disclosure—

• (a) which is made for the purpose of a customs function, where the disclosure does not contravene any restriction imposed by the Commissioners for Her Majesty's Revenue and Customs;

• (b) which is made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to a customs function;

• (c) which is made for the purpose of a criminal investigation or criminal proceedings (whether or not within the United Kingdom);

• (d) which is made in pursuance of an order of a court;

• (e) which is made with the consent (which may be general or specific) of HMRC or the CPS , depending on by whom or on whose behalf the information was supplied;

• (f) which is made with the consent of each person to whom the information relates.

• (3) Subsection (1) is subject to any other enactment permitting disclosure.

• (4) The reference in subsection (1) to information supplied under section 41A includes a reference to documents or articles supplied by virtue of subsection (3) of that section.

• (5) The reference in that subsection to a person to whom information is supplied includes a reference to a person who is or was acting on behalf of that person.

• (6) In subsection (3) “ enactment ” does not include—

• (a) an Act of the Scottish Parliament,

• (b) an Act of the Northern Ireland Assembly, or

• (c) an instrument made under an Act within paragraph (a) or (b).

Wrongful disclosure

Search for evidence of nationality

Seizure of nationality documents

Exceptions

Establishment

Supply of Revenue and Customs information

Money

Seizure of nationality documents

Police civilians

Automatic deportation

Automatic deportation

56A

• (1) Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) do not apply—

• (a) in relation to any proceedings in respect of a relevant immigration decision or a relevant nationality decision, or

• (b) otherwise for the purposes of, or in connection with, any such decision.

• (2) In this section—

• “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971,

• “relevant immigration decision” means any decision, or proposed decision, of the Secretary of State or an immigration officer under or by virtue of the Immigration Acts, or rules made under section 3 of the Immigration Act 1971 (immigration rules), in relation to the entitlement of a person to enter or remain in the United Kingdom (including, in particular, the removal of a person from the United Kingdom, whether by deportation or otherwise),

• “relevant nationality decision” means any decision, or proposed decision, of the Secretary of State under or by virtue of—the British Nationality Act 1981,the British Nationality (Hong Kong) Act 1990, orthe Hong Kong (War Wives and Widows) Act 1996,in relation to the good character of a person.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Automatic deportation

Detention

Timing

Automatic deportation

Consequential amendments

Confidentiality

Confidentiality

Chief Inspector: supplemental

Forfeiture of detained property

Forfeiture of detained property

Employment: arrest

Timing

Timing

Family

UK Border Agency: onward disclosure

Supply of police information, etc.

Supply of police information, etc.

Search for evidence of nationality

Seizure of nationality documents

Seizure of nationality documents

Reports

Support for asylum-seekers: enforcement

Points-based applications: no new evidence on appeal

Seizure of cash

Automatic deportation

UK Border Agency: onward disclosure

Wrongful disclosure

Supply of police information, etc.

Search for evidence of nationality

Offence of not giving nationality

Chief Inspector: supplemental

Interpretation: “port”

Support for failed asylum-seekers

Fees

Forfeiture of detained property

Employment: search for personnel records

Facilitation: arrival and entry

UK Border Agency: onward disclosure

Establishment

Reports

Disposal of property

UK Border Agency: onward disclosure

Establishment

Establishment

Chief Inspector: supplemental

Requirement to state nationality

43A

• (1) An individual who is arrested for an offence must state his or her nationality if required to do so by an immigration officer or a constable in accordance with this section.

• (2) A requirement may be imposed on an individual under subsection (1) only if the immigration officer or constable suspects that the individual may not be a British citizen.

• (3) When imposing a requirement under subsection (1) the immigration officer or constable must inform the individual that an offence may be committed if the individual fails to comply with a requirement imposed under this section.

• (4) The immigration officer or constable must make a written record of the imposition of a requirement under subsection (1) as soon as practicable.

• (5) The written record is to be made in the presence of the individual where this is practicable.

43B

• (1) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed in accordance with section 43A, whether by providing false or incomplete information or by providing no information.

• (2) Information provided by a person in response to a requirement imposed in accordance with section 43A is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section.

• (3) A person who is guilty of an offence under subsection (1) is liable—

• (a) on summary conviction in England and Wales, to either or both of the following—

• (i) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);

• (ii) a fine;

• (b) on summary conviction in Northern Ireland, to either or both of the following—

• (i) imprisonment for a term not exceeding 6 months;

• (ii) a fine not exceeding level 5 on the standard scale.

Requirement to produce nationality document

46A

• (1) This section applies where—

• (a) an individual has been arrested on suspicion of the commission of an offence, and

• (b) the individual is to be released after arrest (whether or not on bail)—

• (i) before a decision is taken on whether the individual should be charged with an offence, or

• (ii) after being charged with an offence.

• (2) Before the individual is released an immigration officer or a constable may give the individual a notice requiring the production of a nationality document not later than 72 hours after the individual is released.

• (3) A notice may be given under subsection (2) only if the immigration officer or constable giving it suspects that the individual may not be a British citizen.

• (4) A notice under subsection (2) must be given in writing.

• (5) The notice must include statements that—

• (a) the individual to whom it is given must produce the nationality document not later than 72 hours after the individual is released, and

• (b) an offence may be committed if an individual fails to comply with a notice given under this section.

• (6) The notice must also set out—

• (a) the person to whom the document must be produced, and

• (b) the means by which the document must be produced.

• (7) In this section, and in sections 46B and 46C—

• “nationality document” means a passport relating to the individual or, if there is no passport relating to the individual, one or more documents that enable the individual’s nationality or citizenship to be established;

• “passport” means—a United Kingdom passport (within the meaning of the Immigration Act 1971),a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, ora document that can be used (in some or all circumstances) instead of a passport.

Retention of nationality document etc

46B

• (1) An immigration officer or constable may retain a nationality document produced in response to a notice under section 46A(2) while the immigration officer or constable suspects that—

• (a) the individual to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

• (b) retention of the document may facilitate the individual’s removal.

• (2) Section 28I of the Immigration Act 1971 (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section 46A(2) and retained by an immigration officer as if the nationality document had been seized when the individual had custody or control of it.

• (3) Section 21 of the Police and Criminal Evidence Act 1984 or Article 23 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section 46A(2) and retained by a constable in England and Wales or Northern Ireland as if the nationality document had been seized when the individual had custody or control of it.

Offence of failing to produce nationality document

46C

• (1) A person commits an offence if, without reasonable excuse, the person fails to comply with a notice given in accordance with section 46A.

• (2) The fact that a person deliberately destroyed or disposed of a nationality document is not a reasonable excuse for the purposes of subsection (1) unless the destruction or disposal was—

• (a) for a reasonable cause, or

• (b) beyond the control of the person charged with the offence.

• (3) In subsection (2)(a) “reasonable cause” does not include the purpose of—

• (a) delaying the handling or resolution of a claim or application or the taking of a decision,

• (b) increasing the chances of success of a claim or application, or

• (c) complying with instructions given by a person who offers advice about, or facilitates, immigration into the United Kingdom, unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.

• (4) A person who is guilty of an offence under subsection (1) is liable—

• (a) on summary conviction in England and Wales, to either or both of the following—

• (i) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);

• (ii) a fine;

• (b) on summary conviction in Scotland, to either or both of the following—

• (i) imprisonment for a term not exceeding 12 months;

• (ii) a fine not exceeding level 5 on the standard scale;

• (c) on summary conviction in Northern Ireland, to either or both of the following—

• (i) imprisonment for a term not exceeding 6 months;

• (ii) a fine not exceeding level 5 on the standard scale.

Chief Inspector: supplemental

UK Border Agency: onward disclosure