Aliens Order, 1953
| Jurisdiction | UK Non-devolved |
| Citation | SI 1953/1671 |
| Year | 1953 |
1953 No. 1671
ALIENS
The Aliens Order, 195319thNovember 1953
19thNovember 1953
1stApril 1954
ARRANGEMENT OF ARTICLES
LANDING AND EMBARKATION
Article
1. Restrictions on landing and embarkation.
2. Exception for certain aliens landing temporarily.
3. Provisions as to travellers within the common travel area.
4. Restrictions on grant of leave to land.
5. Landing conditions.
6. Landing conditions imposed in Channel Islands or Isle of Man.
7. Identification and examination of persons landing and embarking.
8. Removal of aliens refused leave to land.
9. Removal of aliens landing unlawfully, etc.
10. Returns to be made by masters of ships and commanders of aircraft.
11. Other duties of masters of ships and commanders of aircraft.
12. Disclosure of documents by aliens landing and embarking.
REGISTRATION
13. Registers of aliens.
14. Duty of aliens to register on entry, etc.
15. Exemption from and postponement of registration in certain cases.
16. Duty to notify changes of residence, address, etc.
17. Supplementary provisions as to registration.
18. Production of registration certificates, etc.
19. Hotel registers.
DEPORTATION
20. Deportation orders.
21. Removal of aliens subject to deportation orders.
SPECIAL RESTRICTIONS AND EXEMPTIONS
22. Special restrictions.
23. General power to grant exemptions.
24. Particular exemptions.
OFFENCES AND PROCEEDINGS
25. Offences.
26. Penalties and proceedings.
27. Proof of instruments.
28. Arrest and detention.
29. Revocation of orders, etc.
30. Appointment and general powers of officers.
31. Interpretation.
32. Application to Scotland.
33. Application to Northern Ireland.
34. Transitional provisions.
35. Citation, date of operation and revocation.
SCHEDULES
Schedule I. Provisions applicable to certain aliens entering through the Republic of Ireland.
Schedule II. Particulars of aliens to be entered in local register.
Schedule III. Form of statement for aliens staying at hotels, etc.
Schedule IV. Offences for which courts may recommend deportation.
Schedule V. Transitional provisions.
Schedule VI. Orders in Council revoked.
At the Court at Buckingham Palace, the 19th day of November, 1953
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in pursuance of section one of the Aliens Restriction Act, 1914(a), as amended by the Aliens Restriction (Amendment) Act, 1919(b), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
LANDING AND EMBARKATION
Restrictions on landing and embarkation
1.—(1) Subject to the provisions of this Order, an alien shall not land or embark in the United Kingdom except with the leave of an immigration officer, and shall not so land or embark elsewhere than at an approved port or at such other place as an immigration officer may in any particular case allow.
(2) In this Order "land" and "embark" mean respectively land from and embark in a ship or aircraft, and except where the context otherwise requires any reference in this Order to landing or embarking shall be construed as including a reference to attempting to land or embark.
(3) The Secretary of State shall by order designate the ports which are to be approved ports for the purposes of this Order; and any such order may specify in respect of any port so designated the limits of that port as an approved port.
Exception for certain aliens landing temporarily
2.—(1) Subject to paragraph (2) of this Article, leave to land shall not be required under Article 1 of this Order—
(a) in the case of an alien being a member of the crew of a ship at a port in the United Kingdom who lands (otherwise than after being discharged or for discharge) at any time while the ship remains at that port and leaves that port with the ship; or
(a) 4 & 5 Geo. 5. c. 12.
(b) 9 & 10 Geo. 5. c. 92.
(b) in the case of an alien who lands from an aircraft at an approved port for the purpose only of embarking in an aircraft at the same port, and remains, throughout the period between his landing and embarkation, within such premises or limits as may be approved for the purpose by an immigration officer.
(2) Notwithstanding anything in paragraph (1) of this Article, an immigration officer may at any time—
(a) give notice to an alien who is for the time being on board a ship or aircraft prohibiting him from landing without leave thereunder; or
(b) grant or refuse leave to land to an alien who is within the United Kingdom after landing without leave thereunder;
and thereupon the said paragraph (1) shall cease to apply to the alien.
Provisions as to travellers within the common travel area
3.—(1) Subject to paragraph (2) of this Article, the restrictions imposed by Article 1 of this Order shall not apply in the case of an alien landing from a ship or aircraft coming from a place in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland (in this Order collectively referred to as the common travel area) or embarking in a ship or aircraft bound for such a place.
(2) Notwithstanding anything in paragraph (1) of this Article, the said restrictions shall apply in the case of an alien landing from an aircraft coming from a place in the Republic of Ireland if the alien entered that Republic in the course of his journey to the United Kingdom in an aircraft not coming from a place in the common travel area, and did not obtain leave to land in that Republic under the law in force there.
(3) Where an alien who lands in the United Kingdom on any occasion without the leave of an immigration officer in accordance with this Article is a person who last entered the common travel area, when coming from a place outside that area, by landing in the Republic of Ireland, Part I of the First Schedule to this Order shall (subject to Part II of that Schedule and to paragraph (4) of this Article) apply to him in respect of his landing on that occasion.
(4) In determining for the purpose of paragraph (3) of this Article the time when an alien last entered the common travel area, no account shall be taken of any occasion on which leave to land was refused to him under this Order, or on which he landed without such leave in accordance with Article 2 of this Order; and notwithstanding anything in the said paragraph (3), Part I of the First Schedule to this Order shall not apply to an alien in respect of his landing on any occasion upon which he is authorised to land without such leave by the said Article 2 as well as by this Article.
Restrictions on grant of leave to land
4.—(1) Except with the authority of the Secretary of State, an immigration officer shall not grant leave to an alien to land in the United Kingdom unless the alien—
(a) is in a position to support himself and his dependants (if any) in the United Kingdom; and
(b) where he proposes to enter the employment of a particular employer in the United Kingdom, produces a permit in writing for his engagement issued to that employer by the appropriate authority as defined by this Article.
(2) Except with the authority aforesaid, an immigration officer shall not grant leave to an alien to land in the United Kingdom—
(a) if the alien has been sentenced in a foreign country for any extradition crime within the meaning of the Extradition Acts, 1870 to 1935;
(b) if the alien is a person of unsound mind or a mentally defective person; or
(c) if it is certified by a medical inspector that it is undesirable for medical reasons that the alien should be permitted to land.
(3) For the purposes of this Article "the appropriate authority" means, in relation to employment in Great Britain the Minister of Labour and National Service, and in relation to employment in Northern Ireland the Ministry of Labour and National Insurance for Northern Ireland.
Landing conditions
5.—(1) Leave to land may be granted to an alien under this Order subject to any conditions (in this Order referred to as landing conditions) of which notice is given to the alien by the immigration officer.
(2) In the case of an alien who is a member of a party in the charge of a responsible person, notice of any landing conditions subject to which leave to land is granted shall be deemed to be given to the alien if it is given in writing to the person in charge of the party.
(3) The Secretary of State may at any time by notice in writing given to any particular alien, or by order applying to aliens of any specified class, revoke or vary in such manner as he thinks fit any landing conditions for the time being in force in the case of that alien, or of aliens of that class, as the case may be.
(4) Any landing conditions imposed by virtue of this Article in the case of an alien who lands in the United Kingdom on any occasion shall cease to apply to the alien if he subsequently enters any country outside the common travel area.
(5) Except as provided by paragraph (4) of this Article, the application to an alien, while within the United Kingdom, of any such landing conditions as aforesaid shall not be affected by the fact that the alien has left and re-entered the United Kingdom; and without prejudice to the foregoing provision, where any such condition limits the period during which the alien may remain in the United Kingdom, he shall be deemed to contravene that condition if he is found in the United Kingdom at any time after the expiration of that period, unless the said condition has ceased to apply to him under the said paragraph (4).
Landing conditions imposed in Channel Islands or Isle of Man
6.—(1) Where an alien to whom leave to land in any of the Channel Islands or the Isle of Man has been granted under the law in force there subsequently enters the United Kingdom, not having in the interval entered any country outside the common travel area, any conditions of leave to land for the time being applicable to the alien under the said law in respect of his landing as aforesaid shall apply to him...
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