The Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026
The Immigration (Carriers' Liability) Act 1987 established a system whereby airlines, shipping companies, and other carriers bringing improperly documented passengers to the United Kingdom are liable to pay a financial penalty to the Secretary of State for each such passenger.
Arguments For
Carriers are held financially accountable for transporting individuals lacking proper immigration documentation, creating a strong commercial incentive to comply strictly with visa and entry requirements.
The Act serves as an important preventative measure in immigration control by placing the responsibility for initial scrutiny on the carriers at the point of departure, thereby reducing unauthorized arrivals at the border.
Establishing a clear statutory framework for imposing penalties provides legal certainty for enforcement agencies regarding the imposition of financial sanctions against non-compliant carriers.
Arguments Against
The financial burden imposed on carriers may raise operational costs, potentially leading to increased ticket prices for genuine travelers, acting as an indirect tax on international travel.
Disputes can arise regarding the extent of a carrier's knowledge or ability to verify complex immigration documents, leading to protracted legal challenges over liability fines.
Carriers may face accusations of discrimination or racial profiling if they become overly cautious in checking documentation to avoid potential penalties, impacting service standards.
An Act to make provision for imposing on carriers liability for immigration improperly documented persons to the United Kingdom.
This introductory statement defines the purpose of the legislation.
The Act creates a system where carriers, like airlines or shipping companies, face financial responsibility if they bring people to the UK who do not possess the correct documentation for entry.
1 Liability of carriers for immigration improperly documented persons.
This section number introduces the main substantive provisions concerning the financial liability imposed on carriers.
(1) Where an immigration officer is not satisfied that a non-United Kingdom national passenger brought by a carrier to a port in the United Kingdom has the necessary travel documents or the required consent to entry under the Immigration Act 1971 (c. 77), the officer may serve notice on the carrier requiring him to remove the passenger from the United Kingdom at the carrier’s expense.
If an immigration officer determines that a non-UK national traveling with a carrier lacks the required travel documents or permission to enter the UK under the Immigration Act 1971, the officer can formally instruct the carrier to take that individual out of the country at the carrier's own cost.
(2) If the carrier fails to comply with the requirement under subsection (1), the carrier shall be liable to pay to the Secretary of State a penalty of the prescribed amount in respect of that passenger.
If the carrier disregards the order to remove the passenger as detailed in the previous subsection, the carrier becomes legally obligated to pay a specific financial penalty, set by regulation, to the Secretary of State for that individual.
(3) The Secretary of State may by regulations prescribe the amount of the penalty under this section.
The Secretary of State holds the authority to establish the exact monetary value of the penalty through formal statutory regulations.
(4) A reference to a carrier in this section includes a reference to the owner, the agent or the person in charge for the time being of any ship, aircraft or other means of transport.
The definition of 'carrier' is broad, encompassing not just the company name, but also the owner, the local agent, or whoever is currently in charge of the vessel or aircraft involved in transporting the improperly documented person.
2 Supplemental provisions as to penalties.
This section heading signals provisions that provide supplementary details or administrative rules related to the financial penalties established in Section 1.
(1) The Secretary of State may serve notice of the penalty on the carrier as if the carrier were a person liable to a penalty under paragraph 32 of Schedule 2 to the Immigration Act 1971.
The procedure for formally notifying the carrier about the imposed penalty will follow the existing legal methods used when levying penalties under Schedule 2 of the Immigration Act 1971.
(2) A penalty under this Act shall be recoverable as a debt due to the Crown.
Any unpaid penalty imposed under this Act is treated legally as a debt owed directly to the Crown and can be pursued through legal means to recover the funds.
(3) Any penalty paid under this Act shall be paid into the Consolidated Fund.
Once the carrier pays the penalty, the money is directed into the Consolidated Fund, which is the main account into which all UK Government revenues are paid.
3 Short title and extent.
This concluding section establishes the official name of the Act and specifies the geographical areas to which its provisions apply.
(1) This Act may be cited as the Immigration (Carriers’ Liability) Act 1987.
The official, short title by which this piece of legislation will be known and referenced is the Immigration (Carriers’ Liability) Act 1987.
(2) This Act shall extend to Northern Ireland.
The legislative provisions contained within this Act are applicable to Northern Ireland as well as Great Britain.
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