94.Paragraph 26(3) of Schedule 2 to the Immigration Act 1971 empowers the Secretary of State to designate control areas at any port, and those concerned with the management of a port are implicitly required to provide such control accommodation and immediate support functions without charge. Other facilities, for example, ancillary office accommodation and waiting areas, which are required, and are no less essential, for the operation of the immigration control have been subject to rental and service charges. The purpose of this section is to enable a framework to be established for determining which facilities should be provided free of charge by port operators.
95.Subsection (1) supplements existing legislation by empowering the Secretary of State to make a direction requiring the provision without charge of the accommodation and facilities necessary for, or in connection with, the operation of the immigration control at a control port. This will allow the provision of facilities to be standardised and will also have the effect of removing any competitive advantage from which some operators might currently benefit.
96.Subsection (2) provides for consultation with those likely to be affected before the making of a direction, with subsection (3) requiring the issue of a copy of such a direction to the port manager concerned.
97.Subsections (4) and (5) detail the enforcement provisions and sanctions applicable in the event of non-compliance. They provide that a direction given under these provisions is enforceable by county court injunction, or in Scotland by relevant order. They further provide that persistent failure to comply with a direction may lead to the revocation of designation as a port of entry (designation under section 33(3) of the 1971 Act allows port authorities to land and embark passengers without the prior approval of the Secretary of State); or, in the case of a port not so designated, withdrawal of any approval given by the Secretary of State under paragraph 26(1) of Schedule 2 of the same Act for the embarkation and disembarkation of passengers at that port.
98.Subsections (6) and (7) define the terms “control port” and “facilities” as used in the section. The facilities concerned – to be specified in an order made by the Secretary of State – are to be the subject of consultations with representatives of the industry likely to be affected and officials of the Department of the Environment, Transport and the Regions.
Schedule 14: Consequential amendments Section 25: Provision of facilities for immigration control at ports