Commonwealth Immigrants Act 1962
Commonwealth Immigrants Act 1962
Commonwealth Immigrants Act 1962
ARRANGEMENT OF SECTIONS
PARTI
CONTROL
OF IMMIGRATION
Section
1. Application of Part I.
2. Refusal of admission and conditional admission.
3. Supplementary provisions as to control of immigration.
4. Offences in connection with control of immigration.
5. Duration of Part I.
PARTI1
DEPORTATION
6. Application of Part 11.
7. Power of court to recornmend for deportation.
8. Procedure and appeals in respect of recommendations.
9. Deportation orders.
10. Supplementary provisions as to deportation.
l l. Offences in connection with deportation orders.
PARTIU
MISCELLANEOUS AND GENERAL
Qualifications for citizenship by registration etc.
General provisions as to detained persons.
Penalties, proceedings, etc.
General provisions as to Orders in Council etc.
Immigration officers and medical inspectors.
Exemptions.
Provisions relating to Channel Islands and Isle of Man.
Expenses.
Consequential amendments and repeals.
Short title, interpretation and commencement.
SCHBDULES:
First Schedule-Supplementary provisions as to control
of immigration.
Part I-General provisions.
Part 11-Special provisions as to crews of ships and
aircraft and stowaways.
Part III-Interpretation.
Second Schedule-Supplementary provisions as to deport-
ation.
Third Schedule-Effect in United Kingdom of action
taken in Channel Islands or Isle of Man,
A i
10 & 11 ELIZ.2 Commonwealth Imn~igrants
Act, 1962
CHAPTER 21
An Act to make temporary provision for controlling the
immigration into the United Kingdom of Comrnon-
wealth citizens; to authorise the deportation from the
United Kingdom of certain Commonwealth citizens
convicted of offences and recommended by the court
for deportation; to amend the qualifications required of
Commonwealth citizens applying for citizenship under
the British Nationality Act, 1948; to make correspond-
ing provisions in respect of British protected persons
and citizens of the Republic of Ireland; and for
purposes connected with the matters aforesaid.
[l 8th April, 19621
1.-(1) The provisions of this Part of this Act shall have Application
effect for controlling the immigration into the United Kingdom
of Commonwealth citizens to whom this section applies.
(2) This section applies to any Commonwealth citizen not
being-
(a) a person born in the United Kingdom :
(b) a person who holds a United Kingdom passport and
is a citizen of the United Kingdom and Colonies, or
who holds such a passport issued in the United King-
dom or the Republic of Ireland ;or
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CH. 21 CommonweaIth Immigrants 10 & 11 ELIZ.2
Act, 1962
PART U: Adjournal ; and any such Act of Adjournal shall be treated for
the cpurposes of the Statutory Instruments Act, 1946, as a statu-
tory instrument within the meaning of that Act.
Deportation 9.-(1) Where a recommendation for deportation is in force
orders. in respect ida person to whom section six of this Act applies,
the Secretary of State may, if he thinks fit, make an order
requiring him to leave the United Kingdom and prohibiting him
from returning there so long as the order is in force.
(2) An order under this section (in this Act referred to as a
deportation order) shall not be made in pursuance of a recom-
mendation for deportation unless either-
(a) the time for bringing an appeal against the recommenda-
tion, or against the conviction upon which it was made.
has expired without such an appeal having been
brought ; or
(b) such an appeal has been brought and abandoned, or
finally determined otherwise than by the quashing of the
recommendation or the conviction ;or
(c) the recommendation was made on appeal and no further
appeal lies.
(3) The Secretary of State may, if he thinks fit, revoke a
deportation order at any time, whether before or after the person
to whom it relates has left or been removed mm the United
Kingdom, but the revocation of a deportation order shall not
affect the validity of anything previously done thereunder.
(4) In relation to a recommendation for deportation made by
a court in Scotland, subseation (2) of this section shall have
effect as if the following were substituted for paragraph (a),
that is to say :-
" (a)a period of fourteen days from the date on which the
recommendation was made has expired without a.n
appeal having been brought against the recommenda-
tion or the conviction upon which it was made ; or "
and in paragraph (b),after " abandoned " there were inserted the
words " m deemed to be abandoned ".
Supplementary 10. The provisions of the Second Schedule to this Act shall
provisio?~as to have effectwith respect to the remloval irom the United Kingdom
deporfatlon. of persons in respect of whom deportation orders are made, and
with respect to the detention or control of persons in respect of
whom reoommendations for deportation or deportation orders
are in force.
Offences in 11.-(1) If any person in respect of whom a deportation order
~on11e~tiotl is in force--
with deporta- (a) having left the United Kingdom after notice d the
tion orders.
making of the order has been given to him on behalf
of theYkretary of State, sub&pently =turns to the
United Kingd,om ;or
10 & 11 ELIZ.2 Commonwealth Immigrants CH. 21
Act, 1962
(b) having been placed on board a ship or aimaft under PART II
the Second Sahedule to this Act, lands horn that ship
or akmdt befare it has left the United Kingdom,
he shall be guilty of an offence ; and any offence under this
subsection shall be deemed to continue throughout any period
during which the offender is in the United Kingdom after its
commission.
(2) If any person upon whom any restriction or requirement
is imposed undm paragraph 2 of the Seciond Schedule to this
Act fails to comply with that restriction or requirement, he shall
be guilty of an offence.
(3) Where a person in respect of whom a deportation order is
in force is convicted of an offence under subsection (1) of this
section, the deportation order shall cease to have effect, but
without prejudice to the power to make a recommendation for
deportation upon that conviction.
(4) If any person knowingly harbours any person whom he
knows or has reasonable grounds for believing to have committed
an offence under subsection (1) of this section, he shall be guilty
of an offence.
PARTI11
MISCELLANEOUS AND GENERAL
12.-(1) A person in respect of whom a recommendation QuaMcations
for deportation or a deportation order is in force under Part I1
of this Aot shall not be entitled to be registered as a citizen d
the United Kingdom and Colonies under subsection ( l ) of
section six of the British Nationality Act, 1948 (which provides
for the registration of certain Commonwealth citizens and
citizens of the Republic of IreIand) ; but the Secretary of State
may, if he thinks fit, register under that subsection any person
who wlould be entitled or qualified to be so registered but for
$thissubseotion.
(2) Slubject to the following provi~ion~s of this section, a person
shall nolt be entitled to be registered under subseotion (1) of the
said section six, and a British protected person shall not be
qulalified for naturalisati~onunder section ten of the said Act,
unless he satisfies the Secretary of State that he has been-
(U) ordinarily resident in the United Kingdom ;or
(6) in Crown service under Her Majesty's Government in
the United Kingdom ;or
(C) partly the one and partly the other,
throughout the period of five years ending with the date of his
application, or such shorter period so ending as the Secretary of
State may in the special circumstances of any particular case
accept.
(3) Notwithstalnding anything in subsection (2) of this section.
any p e m n who unould have been entitled $0 be registered undm
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CH. 21 Commonwealth Immigrants 10 & l l ELIZ.2
Act, 1962
subsection (1) of the said section six (apart from the power of
the Seuretary of State to accept for that purpose a period of
ordinary residence in the United Kingdom of less than twelve
month) if he had made an application for such registration
immedilately before the commencement of this seotion shall
(unless disqualified under subseotion (1) of this seotioa) be
entitled (tobe so registered if he makes woh an application
within the p e r i d of six months beginning with the commence-
ment of this section.
(4) This section shall be conlmed as one with the Bnitish
Nationality Act, 1948.
General 13.-(1) Any persons required or authorised to be detained
provisions as under this Act may be detained in such places as the Secretary
to detained of State may direct.
persons.
(2) Where a pertsonis detained by virtue of this Act, any immi-
gration officer, oonstable or prison officer, or any other person
authorised by the Secretary of State, may take all such steps
as may be reasonably necessary for photographing, measuring
or otherwise identifying him.
(3) Any person detained by virtue of this Act, and any person
who, being detained in purmance of bhe sentence or order of a
coulrt, would otherwise be liable to be m detained, may be taken
in the custody of a constable to and from any place where his
attendance is required for @he purpose of ascertaining his citizen-
ship or of making arrangements for his admission to any country
or territory.
(4) Any person required or authorised by this Act b be
detained may be arrested without warrant by a constable or
an immigration officer ;and any person who is detained by virtue
of this Act, or is being removed in pursuance of this section,
shall be deemed to be in legal custody.
Penalties, 14.-(1) A person guilty of an offence under this Act shall be
liable on summary oonviction a fine not exceeding one
etc.
hundred pounds or to imprisonment for a term not exceeding
six months or to both.
(2) For the purposes of the trial of a person for any offence
undm #thisAct, the offence shall be deemed to have been oom-
mitted either at the place at which it actually was committed
or at any place at which the offender may be.
(3) A constable or immigration officer may arrest without
warrant any person whom he has reasonable grounds to believe
to have committed an offence under subsection (1) of section four
or subsection (1) or subsection (2) of section eleven of this Act.
i4) Any powers exeraisable under this Act in the case of any
person may be exmised notwithstanding that proceedings for
an offence under this Act have been taken against l b .
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10 & 11 ELIZ.2 Commonwealth Immigrants C H .21
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15.41) Any power conferred by this Act to make an Order PARTUI
in Council or 0osde.r or to give any directions includes power to General
revoke or vary the Order in Council, order or directions, as the provisions
W may be. as to Orden
in Council etc.
(2) Any document purporting to be an order, notice or direc-
tion made or given by the Seciretary of State for the purposes
of this Act, and to be signed by him or on his behalf, shall be
received in evidence, and shall, until the oontraTy is proved, be
deemed to be made or issued by him.
(3) Prima facie evidence of any such order, notice or direction
as aforesaid may, in any legal proceedings, be given by the
production of a document bearing a certificate purporting to
be signed by or on behalf of the Secretary of State and stating
that the document is a true copy of the order, notice or direction.
(4) Where any such order applies to persons specified in a
schedule thereto, prima h i e evidence of the provisions of the
order other than the schedule and of any entry contained in the
schedule may, in any legal proczedings, be given by the pro-
duction of a document purporting to be signed as aforesaid and
stalting that the document is a true copy of the said provisions
and of the relevant entry.
PART m 17.41) All persons who, whether under any rule of law
Exemptions. Or under or by virtue of any enactment, are entitled to immunity
from suit and legal process, not being immunity in respect only
of things done or omitted to be done in the course of their
duties, shall be exempt from control under Part I of this Act
atld exempt f . r m deportation under Pant I1 of this Act.
(2) Without prejudice to the foregoing subsection, the
following persons shall be exempt from control under Part I
of this Act, that is to say any person who-
(a) is subject, as a member of the home forces, to the Naval
Discipline Act, 1957, or to military or air force law ;
or
(b) being a member of any Commonwealth force or of
any force raised under the law of any colony, pro-
tectorate or protected state, arrives in the U~ited
Kingdom for the purpose of serving there as a member
of that force or undergoing training with any body,
contingent or detachment of the home forces ; or
(C) being a member of the forces d any country designated
for the purposes d any provision of the Visiting Forces
Act, 1952, by Order in Council under section one of
that Act, mives in the United Kingdom for the pur-
pose d serving there as a member d a visiting force
of that country.
(3) The Swr-ry of State may by order extend any exemp-
tion oonferred by subsection (1) or subsection (2) of dis seotion
to persons d such additional dasses as may be specified in @he
order.
(4) The power of the Secretary of State to make orders under
subsection (3) of this section shall be exercisable by statutory
instrument, and any statutory instrument containing such an
order shall be subject to annulment in pursuance of a resolution
of either House of Parliament.
( 5 ) In this section " the home forces" means any of Her
Majesty's forces, not being a Commonwealth force or a force
raised under the law of any colony, proteotorate or protected
state ; " Cmmonwealth force" means any of the forces of
any Commonwealth country mentioned in paragraph (a) of
subsmtion (1) of seotion one of the Visiting F l m w Act, 1952 ;
and "visiting force " has the meaning which it would have
in accordance with section twelve of that Act if subsection (2)
of this section were a provision in Part I of that Act applying
to any such country as is referred to in paragraph (c) of that
subsection.
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10 & l l ELIZ.2 CommonweaIth Immigrants CH. 21
Act, 1962
1 8 . 4 1 ) The following provisions of this Act, that is to say- PARTm
(a) subsections (2) and (3) of section one ; Provisions
relating to
(b) subsection (2) of section six ; Channel
( C ) subsection (2) of section seven ;and Islands
and Isle of
(4 sub-paragraph (2)of paragraph l 0 of the First Schedule, M,,.
shall have effect as if the Channel Islands and the Isle of Man
(in this section collectively referred to as the Islands) were
included in the United Kingdom ; and the reference in sub-
section (3) of section one to the Government of the United
Kingdom shall be construed as including a reference to the
Lieutenant Governor of any of the Islands.
(2) Her Majesty may by Order in Council direct that all
or any of the provisions of this Act shall extend, with such
exceptions, adaptations and modifications, if any, as may be
specified in the Order, to any of the Islands.
(3) The provisions of the Third Schedule to this Act shall
have effect for the purpose of giving effect under the law of
the United Kingdom to things done in any of the Islands under
provisions of this Act extended thereto by virtue of this section.
(4) The Secretary of State may defray or contribute towards
expenses incurred by the Governments of the Islands in connec-
tion with the removal of persons under Part I or Part IT of this
Act as extended under this section.
19, There shall be defrayed out of moneys provided by Par- Expenses.
liament any expenses incurred for the purposes of this Act by
the Secretary of State, the Minister of Labour or the Minister
of Health.
26),(1) In subsection (1) of section eighteen of the Matri- Consequential
monial Causes Act, 1950, and in section twenty-six of the amndments
Matrimonial Causes Act (Northern Ireland), 1939, for the words and
" the deportation of aliens " there shall be substituted the word
" deportation ",.
(2) The following provisions of the British Nationality Act,
1948, are hereby repealed, that is to say: -
(a) in subsection (1) of section six, the words from " if he
satisfies " to the end ;
(b) in paragraph 3 of the Second Schedule, the words from
" (a) that he is ordinarily resident " to " government
in the United Kingdom, and ".
(3) So much of .this section as relates to the said Act of 1939
shall be treated for the purposes of section six of the Govern-
ment of Ireland Act, 1920, as a provision of an Act passed before
the appointed day within the meaning of that sedion.
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CH. 21 Commonwealth Immigrants 10 & l l ELIZ.2
Act, 1962
PART In 21.41) This Act may be cited as the Commonwealth
short title, Immigrants Act, 1962.
interpretation
and com- (2) In .this Aot the following expressions have the meanings
mencement. hereby respectively assigned $tothem, that is to say,-
" enactment " includes an enactment of the Parliament of
Northern Ireland ;
" immigration officer " means an officer appointed or
employed as such under section sixteen of this Aat ;
" the United Kingdom ",throughout this Act, has the mean-
ing assigned by the Royal and Parliamentary Titles
Act, 1927 ;
and subsection (5) d section thirty-two of fie British Nationality
Act, 1948 (which relates to persons born aboard ships or air-
craft) shall apply $or the purposes of this Act as it applies for the
purposes of that Ad.
(3) References in this Act to Part I and Part I1 of this Act
include respectively references to the First and the Second
Schedule to this Act.
(4) Any reference in this Act to any other enactment is a
r a f m c e thereto as amended, and in01,udes a reference thereto
as extended m applied, by or under any &m enactment, in-
cluding this Act.
(5) This Act shall come into operation on such date as the
Smetary of State may by mder appoint; and different dates
may be appointed by order under (this section for different
purposw of this Act.
10 & l l ELIZ.2 Commonwealth Immigrants CH. 21
Act, 1962
SCHEDULES Section 3.
FIRST SCHEDULE
PROVISIONS
SUPPLEMENTARY OF IMMIGRATION
AS TO CONTROL
PARTI
GENERAL PROVISIONS
Examination of persons landing in the United Kingdom
1.--(l) Subject to the provisions of this paragraph, an immigration
officer may examine any person who lands or seeks to land in the
United Kingdom for the purpose of ascertaining whether that person
is or is not a Commonwealth citizen subject to control under
Part I of this Act, and if so for the purpose of determining what
action, if any, should be taken in his case under the said Part I ;
and it shall be the duty of every such person to furnish to an
immigration officer such information in his possession as that officer
may reasonably require for the purpose d his functions under this
paragraph.
(2) A person shall not be required to submit to examination under
this paragraph after the expiration of the period of twenty-four
hours from the time when he lands in the United Kingdom unless,
upon being examined with'in that period, he is required in writing
by an immigration officer to submit to further examination.
(3) Any person liable to be examined by an immigration officer
under the foregoing provisions of this paragraph shall, if directed
to do so by such an officer in the course of his examination-
(a) declare whether or not he is canying or conveying any
documents of any description specified by that officer,
being a description appearing to that offiar to be nelevant
$or the purposes d the examination ;
(h) produce to the officer any documents of any such descrip-
tion whioh he is carrying or conveying ;
and the power to examine any such person shall include power to
search him and any baggage belonging to him or under his control
with a view to ascertaining whether he is carrying or conveying any
such documents :
Provided that no woman or girl shall be searched by virtue of this
sub-paragraph except by a woman.
(4) An immigration officer may examine, and may detain for
such time as he thinks proper for the purposes of examination (not
exceeding seven days), any documents pnoduaed pursuant to or
f a d on a searoh under sub-iparagnaph (3) of this paragraph.
(5) The powers of an immigration officer under this paragraph
may be exercised also-
(a) in the case of the powers conferred by sub-paragraphs (1)
and 12), by a mcedical inspector or by any qualified person
car>ryingout any test or examination ~equiredby a m e d i d
inspeotor ; and
(b) in the case of the powers of search conferred by sub-
paragraph (3), by any person acting under the directions of
an immigration o5cer.
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CH.21 Commonwealth Imzigrants 10 & 11 ELIZ.2
Act, 1962
PART11
SPECIAL PROVISIONS A S TO CREWSOF SHIPS AND AIRCRAPT
AND STOWAWAYS
British seaman's cards
6.-(1) iIf a Gcmmmmloh citizen holds a British seaman's
card arrives in the United Kingdom as a member of the crew of a
ship, -&at oard shall be treated for the purpm 'ofseation one d this
Act as a United Kingdom passport within the meaning of that
section.
(2) In this paragraph " British seaman's card " means a card issued
under any order in force under section four of the Emergency Laws
(Miscellaneous Provisions) Act, 1953, or any card having effect as a
card so issued.
Examination of crews
7.-(1) An immigration officer may examine under paragraph 1
of this Schedule any person who arrives at a port in the United
Kingdom as a member of the crew of a ship, whether or not he
lands or seeks to land in the United Kingdom ; and the provisions
cnf that pawgraph apply to any such tpemon amrdingly, except
that he may ~l>e requibad to s~wbmitto examination a t any time
belore h e &ip has left lhe port.
(2) The Secretary of State may by order make provision for
requiring the masters of ships and commanders of aircraft arriving
at ports in the United Kingdom, or so arriving from or by way
of countries or places specified in the order, to furnish to immigra-
tion officers particulars of the members of the crews of those ships
or aircraft, and for enabling an immigration officer to dispense with
the furnishing of such particulars.
(3) The power of the Secretary of State to make orders under
sub-paragraph (2) of this paragraph shall be exercisable by
statutory instrument.
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10 & 11 ELIZ.2 Commonwealth Immigrants CH.21
Act, 1962
Control over seamen ISTS m .
8.-(1) An immigration officer may, by notice given at any time
to any Commonwealth citizen to whom section one of this Act
applies who-
(a) has arrived at a port in the United Kingdom as a member
of the crew of a ship ; and
( 6 ) is for the time being on board the ship on which he arrived
at the port.
prohibit him from landing from that ship while it remains at the
port unless authorised to do so by an immigration officer.
(2) Ef any suuh Goanmonwealtih aitizen who has arrived as afore-
salid-
(a) lands from a ship in contravention of a prohibition imposed
on him under sub-paragraph ( 1 ) of this paragraph ; or
( 6 ) remains in the United Kingdom after his ship has left the
port and without having been examined by an immigra-
ltim officm under parag~aptph1 d thii Scb~ctule; or
(c) having (been admittad &to the United Kingdom subject
ln a condition restricting the [period for he m y
remain there, rern~ains in &e United Kingdom in
con~tnawnbbnof that condition.
he shall, subject to the following provisions of this paragraph, be
treated for the purposes of this Act as if he had been refused
admission into the United Kingdom.
( 3 ) An immigration officer may. by notice in writing given a t any
h i e t o any Cbmmm~wealbhcitizen who has landed or remaimed
in phe ~UniltetdKingdom mentioned in sub.par8agraph ( 2 ) of this
paragraph, authorise him to remain in the United Kingdom either
without oonditions or A j w t to any cswdh oonditim as could be
imposed r u ~ n h rseahim two of 'Wis Act, indudiag in particular
condibions requining him-
(a) to leave the United Kingdom in a specified ship or air-
craft ; or
( b ) to leave the United Kingdom within a specified period in
accordance with arrangements for his repatriation ;
and where such a notice is given to any person, he
shall not be treated as a person to whom admission to the United
Kingdom has been refused unless, in the case where he is subject
to conditions requiring him to leave the United Kingdom as afore-
said, he fails to comply or is reasonably suspected of intending to
fail to comply with those conditions.
(4) In relation to any person to whom it applies by virtue of this
paragraph, paragra h 3 of this Schedule shall have effect as if
P
sub-paragraph ( 3 ) o that partigra* wese omibted.
(5) Sub-paragraphs ( 5 ) and (6) of paragraph 2 of this Schedule
shall apply in relation to any notice under sub-paragraph (3) of
this paragraph, and any conditions imposed thereby. as they apply
in relation to a notice under the said paragraph 2, and to conditions
specified in such a notice.
A 4 19
CH.21 Commonwealth Immigrants 10 & 1 1 ELIZ.2
Act, 1962
1 s SCH.
~ Stowaways
9.--(l) If any Commonwealth citizen to whom section one of
this Act applies arrives at a port in the United Kingdom as a
stowaway in a ship or aircraft, he shall, subject to the provisions of
the following sub-paragraph, be treated for the purposes of this Act
as if he had been refused admission into the United Kingdom.
(2) Sub-paragraphs (3). (4) and (5) of paragraph 8 of this
Schedule shall apply in relation to any such Commonwealth
citizen as aforesaid as they apply in relation to any Common-
wealth dtizan who has h d a d m nm&ned in the United I(limgdorm
as mentioned in slubiparagragih (2) od h e \said panagra@h 8, and the
refarace in the isaid dub-panagmaph (4) to the said pacagaaplh 8
&M l a ~ ~ n g l y o ~ n s t n u das i n c l d i g la reference to thh
panagarpih.
PARTI11
INTERPRETATION
10.-(1) In this Schedule the following expressions have the
meanings hereby respectively assigned to them, that is to say :-
" crew ", in relation to a ship or aircraft, means all persons
actually employed in the working or service of the ship or
aircraft, including the master of the ship and the com-
mander of the aircraft, and " member of the crew " shall
be construed accordingly ;
" immigrant " means a Commonwealth citizen to whom section
one of this Act applies who lands or seeks to land in the
United Kingdom ;
" land
7' means (subject to sub-paragraph (2) of this paragraph)
land from a ship or aircraft, and "embark" shall be
construed accordingly ;
"port" includes any place where a person lands or embarks
in the United Kingdom ;
" ship " includes every description of vessel used in navigation.
(2) References in this Schedule to persons landing in the United
Kingdom from, or arriving at ports in the United Kingdom as
members of the crews of, ships or aircraft do not include references
to persons landing from a ship or aircraft which began its voyage
at a place in, and has not during the voyage called at any place
outside, the United Kingdom, or arriving as members of the crew
of such a ship or aircraft.
Refusal of admission
1 . 4 1 ) Wha,e ,a Gomtmmwealth citizen who has been refused
admission into any of the Ishnds under section two of this Act,
as extended under section eighteen, enters the United Kinsdom
without being examined in pursuance of Part I of the First
Schedule to this Act, the notice under the said Part I as so ex-
tended refusing him such admission shall, unless previously can-
celled under this Act as so extended, have effect as if it were
a notice under the said Part I refusing him admission into the
United Kingdom, and had been given to him when he landed in
the United Kingdom ; and the provisions of this Act with respect
to such refusals of admission and notices (including in particular
sub-paragraph (4) of paragraph 2 of the said First Schedule)
shall apply accordingly.
(2) Where a notice refusing any person admission into any
of the Islands is cancelled under Part I of the First Schedule to
this Act as applied by this paragraph, the cancellation shall have
effect at any time thereafter when the notice would, apart from
the cancellation, have effect by virtue of this paragraph as a
notice refusing that person admission into the United Kingdom.
Conditional admission
2.-41) Where a Commonwealth citizen who has been admitted
into any of the Islands subject to conditions under section two of
this Act, as extended under section eighteen, enters the United
Kingdom without being examined in pursuance of Part I of the
First Schedule to this Act, those conditions shall, unless they have
previously been revoked or ceased to have effect under this Act as so
extended, apply to him while in the United Kingdom as if they were
specified in a notice under the said Part I admitting him into the
United Kingdom subject to those conditions ; and the provisions
of this Act with respect to such conditions and notices shall apply
accordingly.
(2) In the application by virtue of this paragraph of any condition
limiting the period for which a Commonwealth citizen may remain
in any of the Islands, bhe condition s l h l lbe treated as if it pro-
vided that he shall not remain in the United Kingdom after the
expiration of the period specified therein.
(3) Where a condition imposed upon any person in any of the
Islands is revoked or varied by the Secretary of State under Part I
of the First Schedule to this Act as applied by this paragraph, the
revocation or variation shall have effect at any time thereafter
when the condition would, apart from the revocation or variation,
apply to that person by virtue of this paragraph while in the
United Kingdom.
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l0 & l l ELIZ.2 Commonwealth Immigrants C H .21
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Cesser o f United Kingdom notices and conditions SCH.
~ R D
on landing in Islands
3. Any notice under paragraph 2 of the First Schedule to this
Act refusing a person admission into the United Kingdom or
admitting him there subject to conditions, and any condition
specified in such a notice, shall, unless previously cancelled or
revoked under that Schedule, cease to have effect if that person
lands or seeks to land in any of the Islands and is on that occasion
examined in pursuance of Part I of that Schedule as extended
under section eighteen of this Act.
Deportation
4.-(1) Subject to the provisions of this paragraph, a deporta-
tion order made in any of the Islands under Part I1 of this Act as
extended under section eighteen shall have effect, in the United
Kingdom, as if it were a deportation order made by the Secretary
of State requiring the person to whom it relates to leave the United
Kingdom and prohibiting him from returning there ; and section
ten of this Act shall apply accordingly with the necessary
modifications.
(2) The Secretary of State may in any particular case direct that
sub-paragraph (1) of this paragraph shall not apply in relation to
a deportation order made in any of the Islands ; and nothing in
this paragraph shall render it unlawful for a person in respect of
whom a deportation order made in any of the Islands is in force
to enter the United Kingdom on his way from that Island to a place
outside the United Kingdom.
Commonwealth Immigrants 10 & 11 ELIZ.2
Act, 1962
Table of Statutes referred to i?'this Act
l
Short Title 4,
Session
. and Chapter
Interpretation Act, 1889 ... ... 52 & 53 Vict. c. 63.
Government of Ireland Act, 19% ... lO&llGeo.5.c.67.
Royal and Parliamentary TitIes Act, i927 ... 17 & 18 Geo. 5. c. 4.
Statutory Instruments Act, 1946 ... ... 9~klOGeo.6.c.36.
British Nationality Act, 1948 ... ... 11&12Geo.6.c.56.
Criminal Justice (Scotland) Act, 1949
Matrimonial Causes Act, 1950 .. .
...
::: ...
...
12,13&14Geo.6.c.94.
14Geo.6.c.25.
Magistrates' Courts Act, 1952 ... ... ... 15&16Geo.6&1Eliz.2.
Visiting Forces Act, 1952 ... ... ... 1 1~&:56Ge0.6&l'Eliz2.
c. 67.
Emergency Laws (Miscellaneous Provisions)
Act, 1953 ... ... ... 1 & 2 E l u . 2 . c . 4 7 .
Naval Discipline ~ c t 1957
, ... ... ...... 5 8 ~ 6 E l u . 2 . c . 5 3 .
British Nationality Act, 1958 . ... .. ...
6&7Eliz.2.c.10.