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Old 13th Aug 2002, 21:23
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GRP
 
Join Date: May 2002
Location: Hampshire, UK
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I've just had a look at the act to which this amendment refers. I'm no lawyer but the paragraph referred to is given below and my reading is that the rights of an examining officer (police, immigration or customs) are extended by the amendment to "allow" request for passenger information for flights or boat journeys that are wholly within the United Kingdom. There does not appear to be any "requirement" for an examining officer to request this for all flights (or boat trips).

This seems sensible. A policeman is now allowed to ask the captain of any aircraft whether it is flying within the UK or coming from abroad for details of passengers and crew. I would read this as meaning that they have the power now to be able to ask who was on that aircraft for any flight they do not like the look of.

What would not be sensible would be for them to "require" this for every single flight (or boat trip). Where would you draw the line?

Am I missing something??

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17. - (1) This paragraph applies to a ship or aircraft which-

(a) arrives or is expected to arrive in Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands, or
(b) arrives or is expected to arrive in Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands.

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The above is replaced by...
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"(1) This paragraph applies to a ship or aircraft which-

(a) arrives or is expected to arrive in any place in the United Kingdom (whether from another place in the United Kingdom or from outside the United Kingdom), or
(b) leaves or is expected to leave the United Kingdom."

(2) If an examining officer gives the owners or agents of a ship or aircraft to which this paragraph applies a written request to provide specified information, the owners or agents shall comply with the request as soon as is reasonably practicable.

(3) A request to an owner or agent may relate-
(a) to a particular ship or aircraft,
(b) to all ships or aircraft of the owner or agent to which this paragraph applies, or
(c) to specified ships or aircraft.

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And the new paragraph 3 reads....
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(3) A request to an owner or agent may relate-
(a) to a particular ship or aircraft,
(b) to all ships or aircraft of the owner or agent to which this paragraph applies,
(c) to specified ships or aircraft.
(d) to goods
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(4) Information may be specified in a request only if it is of a kind which is prescribed by order of the Secretary of State and which relates-

(a) to passengers,
(b) to crew, or
(c) to vehicles belonging to passengers or crew.
(5) A passenger or member of the crew on a ship or aircraft shall give the captain any information required for the purpose of enabling the owners or agents to comply with a request under this paragraph.

(6) Sub-paragraphs (2) and (5) shall not require the provision of information which is required to be provided under or by virtue of paragraph 27(2) or 27B of Schedule 2 to the Immigration Act 1971.
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