15_Section 25 of the Immigration and Asylum Act 1999

Introduction

This note explains section 25 of the Immigration and Asylum Act 1999.

The Law

Section 25 is concerned with the provision of immigration facilities at ports and who should pay for
those facilities.

Section 25(1) provides that the person responsible for the management of a control port (that is, a
port where a control area has been designated under paragraph 26(3) Schedule 2 to the 1971 Act)
must provide the Secretary of State free of charge with such facilities as the Secretary of State may
direct are necessary for, or in connection with, the operation of immigration control there.

Before giving such a direction, the Secretary of State must consult anyone likely to be affected
(section 25 (2)).

The Secretary of State must give a copy of the direction to the port manager (section 25(3)).

Section 25(4) sects out the sanctions available if the port manager persistently fails to comply with
all or part of a direction. If the port is a control port which is not a port of entry, the Secretary of
State may revoke any approval given to the port under paragraph 26(1) Schedule 2 to the 1971 Act.
If the control port is designated as a port of entry, that designation may be revoked.

A direction is enforceable on an application by the Secretary of State by injunction in the county

court, or by order under the Court of Session Act 1988 in Scotland (Section 25(5)).

The key issue is the definition of “facilities” which must be provided free of charge by the port
manager.

Section 25(7) provides that “facilities” means “accommodation, facilities, equipment, and services
of a class or description specified in an Order made by the Secretary of State”.

An Order has been made specifying what “facilities” means (and so what the port manager must
pay for). The Order is the Immigration Control (Provision of Facilities at Ports) Order 2003, SI
2003/612.

The Order came into force on 1 April 2003.

Article 3 of the Order defines facilities.

Facilities explicitly includes the following accommodation:

(1) an immigration control front or fronts (i.e. the line of desks or facilities within the control
area which marks the place where immigration control is undertaken);

(2) a room or rooms at the immigration control front for the purpose of enabling immigration
officers to view passenger and for other immigration purposes at the control front;

(3) interview rooms;

(4) rooms for photography, fingerprints, and for establishing identity;

(5) rooms for checking the authenticity of documents;

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(6) rooms for accommodating IT server equipment;

(7) rooms for detention purposes;

(8) waiting areas for passengers being examined.

“Facilities” also includes “utilities” and “cleaning services” for the accommodation.

“Utilities” means “the provision of services such as lighting, heating, ventilation and water supply”.

Date 30 July 2007