UK Borders Act 2007
| Jurisdiction | UK Non-devolved |
| Citation | 2007 c. 30 |
| Year | 2007 |
UK
Borders Act 2007
2007 CHAPTER 30
An Act to make provision about immigration and asylum; and for connected purposes.
[30th October 2007]
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:—
Modifications etc. (not altering text)
C1
Act applied (with modifications) by S.I. 1993/1813, art. 7, Sch. 4 para. 6 and S.I. 1994/1405, art. 7, Sch. 4 (as amended (16.4.2015) by The Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015 (S.I. 2015/856), arts. 1, 4, 6)
C2
Act extended in part (Isle of Man) (with modifications) by S.I. 2008/680, art. 21A, Sch. 9ZA (as inserted (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, 8, Sch. 1) (as amended (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 4, 11)
C3
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)
C4
Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), art. 10, Sch. 8, Sch. 8A (with art. 16)
C5
Act: power to amend conferred (28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(j), (3)-(6), 87(1)(4)(i)
C6
Act: power to amend conferred (28.6.2022 in so far as not already in force, 28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(j), (3)-(6), 87(1)(4)(i) 82(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29
C7
Act excluded (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 2(5)(a), 5, 10(1) (with ss. 4, 10(2))
(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
I1
S. 1 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)
(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)),
(aa)
F1
is the subject of a certificate under section 74B of the Extradition Act 2003,
or
(b)
is subject to a warrant for arrest.
(1A)
F2
A designated immigration officer at a port in Scotland may detain an individual if the immigration officer thinks that
F3
the 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,
(aa)
F4
is the subject of a certificate under section 74B of the Extradition Act 2003,
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).
Amendments (Textual)
F1
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)
F2
S. 2(1A) inserted (27.10.2014) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 52(1), 58(3)(b); S.I. 2014/2634, art. 2(b)
F3
Words in s. 2(1A) substituted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 10(8), 52(5)
F4
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)
Commencement Information
I2
S. 2 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)
Modifications etc. (not altering text)
C8
S. 2 modified by S.I. 1993/1813, art. 7, Sch. 4 para. 6(1) (as amended (16.4.2015) by The Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015 (S.I. 2015/856), arts. 1, 4)
C9
S. 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
C10
S. 2 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), regs. 1(3), 6
(1)
An offence is committed by a person who—
(a)
...
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