Commentary on provisions of the Act Section 8: Further provisions about removal
This section makes further provision about the removal of persons from the UK pursuant to the duty in section 2 or the power to make arrangements to remove in section 4(2).
	Subsections (2) and (3) require the Secretary of State or an immigration officer to give a person to be removed a notice in writing stating the country or territory to which they are to be removed and setting out their right to make a suspensive claim (see sections 43 and 44). Removal may not be effected unless the claim period has expired, that is the period prescribed for making a suspensive claim, or the person has notified the Secretary of State (orally or in writing) that they do not intend to make a suspensive claim. If a suspensive claim is submitted, section 47 makes further provision to stay removal pending the determination of the claim and any subsequent appeal.
	Removal may take place by ship, aircraft, train or (road) vehicle and the Secretary of State or an immigration officer may give the owner or agents (in effect, the operator of the service) directions requiring them to make arrangement for a person’s removal (subsection (8)). This subsection applies where removal is to take place on a scheduled service. Alternatively, subsection (9) provides that the Secretary of State or an immigration officer may themselves make the arrangements for removal; in such a case, the Home Office typically charter aircraft to effect removals.
	Subsection (11) enables a person who has been served with a removal notice to be placed, under the authority of the Secretary of State or an immigration officer, on board a ship, aircraft, train or vehicle in which the person is to be removed. Subsection (12) enables the Secretary of State, or an immigration officer, to require the captain of the ship or aircraft, train manager or driver of the vehicle to prevent a person from disembarking in the United Kingdom.
	Subsection (14) applies new paragraph 17A of Schedule 2 to the 1971 Act to the detention powers under subsection (12)(b). It provides that a person liable to detention – under paragraph 16(4) of that Schedule - may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the examination, decision, removal or directions to be carried out, made or given.
	Subsection (15) adds a definition to an "owner" of a ship, aircraft, train or vehicle, and subsection (17) adds a definition of an "immigration officer", which is applicable across the Act and defined in section 66.