Commonwealth Immigrants Act 1968
| Jurisdiction | UK Non-devolved |
| Citation | 1968 c. 9 |
| Year | 1968 |
Commonwealth ImmigrantsAct 1968
1968 CHAPTER 9
An Act to amend sections 1 and 2 of the Commonwealth Immigrants Act 1962, and Schedule 1 to that Act, and to make further provision as to Commonwealth citizens landing in the United Kingdom, the Channel Islands or the Isle of Man; and for purposes connected with the matters aforesaid.
[1st March 1968]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Amendment of section 1 of principal Act.
1. In section 1 of the principal Act (application of Part I), in subsection (2)(b ) after the words ‘citizen of the United Kingdom and Colonies’ there shall be inserted the words ‘and fulfils the condition specified in subsection (2A) of this section’, and after subsection (2) there shall be inserted the following subsection:—
(2A) The condition referred to in subsection (2)(b ) of this section, in relation to a person, is that he, or at least one of his parents or grandparents,—
(a ) was born in the United Kingdom, or
(b ) is or was a person naturalised in the United Kingdom, or
(c ) became a citizen of the United Kingdom and Colonies by virtue of being adopted in the United Kingdom, or
(d ) became such a citizen by being registered under Part II of the British Nationality Act 1948 or under the British Nationality Act 1964 , either in the United Kingdom or in a country which, on the date on which he was so registered, was one of the countries mentioned in section 1(3) of the said Act of 1948 as it had effect on that date’.
2 Refusal of admission and conditional admission.
(1) The following subsections shall be substituted for subsections (1) and (2) of section 2 of the principal Act:—
(1) Subject to the following provisions of this section, on the examination under this Part of this Act of any Commonwealth citizen to whom section 1 of this Act applies who enters or seeks to enter the United Kingdom, an immigration officer may refuse him admission into the United Kingdom, or may admit him into the United Kingdom subject to conditions as mentioned in paragraph (a ) or paragraph (b ) of this subsection, or to conditions as mentioned in both those paragraphs, that is to say—
(a ) a condition restricting the period for which he may remain in the United Kingdom, with or without conditions for restricting his employment or occupation there;
(b ) a condition that, before such date and in such manner as may be specified in the condition, he shall report his arrival to such medical officer of health as may be so specified and shall thereafter attend at such place and time, and submit to such test or examination (if any), as that medical officer of health may require.
(1A) An immigration officer shall not impose such a condition as is mentioned in subsection (1)(b ) of this section unless, on the advice of a medical inspector or, where no such inspector is available, on the advice of any other duly qualified medical practitioner, it appears to him to be necessary to do so in the interests of public health.
(2) The power to refuse admission shall not, except as provided by subsection (5) of this section, be exercised on any occasion in respect of a person who—
(a ) satisfies an immigration officer that he is ordinarily resident in the United Kingdom or was so resident at any time within the past two years, or
(b ) being a woman, satisfies an immigration officer that she is the wife of a Commonwealth citizen who is resident in the United Kingdom or of a Commonwealth citizen who enters or seeks to enter the United Kingdom with her.
(2A) Without prejudice to subsection (2) of this section, the power to refuse admission shall not be exercised on any occasion in respect of a person who satisfies an immigration officer—
(a ) that he is under the age of sixteen;
(b ) that he has at least one parent who is a Commonwealth citizen; and
(c ) either that both of his parents are resident in the United Kingdom, or that both of them are entering or seeking to enter the United Kingdom with him, or that one of his parents is resident in the United Kingdom and the other is entering or seeking to enter the United Kingdom with him.
(2B) In paragraph (b ) of subsection (2), and in paragraph (c ) of subsection (2A), of this section any reference to a person entering or seeking to enter the United Kingdom shall be construed as not including a person who, on the occasion in question, is refused admission into the United Kingdom.
(2C) Where by virtue of subsection (2) or subsection (2A) of this section the power to refuse admission to a person on any occasion is not exercisable, or would not be exercisable apart from subsection (5) of this section, the power under this section to impose any such condition as is mentioned in paragraph (a ) of subsection (1) of this section (in the following provisions of this section referred to as a 'restrictive condition') shall not be exercisable on that occasion in respect of that person except—
(a ) in a case falling within subsection (2)(b ) of this section, where a restrictive condition is on that occasion imposed on the woman's husband or has previously been imposed on him and is then in force, or
(b ) in a case falling within subsection (2A) of this section, where a restrictive condition is on that occasion imposed on at least one parent of that person or has previously been imposed on at least one parent of his and is then in force’.
(2) In subsection (3) of section 2 of the principal Act, for the words ‘subsection (2)’ there shall be substituted the words ‘subsections (2) and (2A)’, and for the words ‘admit subject to conditions’ there shall be substituted the words ‘impose a restrictive condition’.
(3) In subsection (6) of section 2 of the principal Act, for the words from ‘'child' includes a...
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