s 3 Further restrictions on after landing in United Kingdom
In the principal Act the following section shall be inserted section 4:— *“ 4A.—(1) Subject to the following provisions of this section, if any person being a Commonwealth citizen to whom section 1 of this Act applies lands in the United Kingdom and does not fulfil either of the conditions specified in the next following subsection, he shall be guilty of an offence. (2) The conditions referred to in subsection (1) of this section are— (a) that, while on board the ship or aircraft from which he lands in the United Kingdom, he has been examined by an immigration officer; (b) that he lands in accordance with arrangements approved by an immigration officer, and on landing, submits to examination in accordance with those arrangements. (3) The Secretary of State may by order provide that subsection (1) of this section shall not apply to a person who lands from a ship or aircraft in such circumstances or combination of circumstances (whether relating wholly or partly to the nature of the voyage of the ship or aircraft, to his being a member of the crew of the ship or aircraft, to his intention to leave the United Kingdom in the same or another ship or aircraft, or to any other matters) as may be specified in the order. (4) In any proceedings for an offence under this section, where it is proved that a person being a Commonwealth citizen to whom section 1 of this Act applies landed in the United Kingdom, and he does not prove that he landed there in circumstances which (by virtue of an order under subsection (3) of this section) exempt his landing from the operation of subsection (1) of this section, then unless he produces a passport which was duly stamped by an immigration officer— (a) on or after the date on which he landed there, and Commonwealth Immigrants Act 1968 Cu. 9 (b) before the end of the relevant period, he shall, unless the contrary is proved, be presumed to have landed in contravention of subsection (1) of this section. (5) For the purposes of subsection (4) of this section, a stamp purporting to have been imprinted in a passport by an immigration officer on a particular date shall, unless the contrary is proved, be presumed to have been imprinted by such an officer on that date; and in that subsection ‘ the relevant period’, in relation to a person, means the period beginning with the date on which he landed in the United Kingdom and ending— (a) twenty-eight days after that date, or (b) at the end of the day on which his examination (including any further examination) in pursuance of paragraph 1 of Schedule 1 to this Act is concluded, whichever is the later. (6) The power to make orders under this section shall be exercisable by statutory instrument; and any statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section ‘land’ means land from a ship or aircraft, ‘ ship ’ includes every description of vessel used in navigation, and ‘crew’, in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the master of the ship or the commander of the aircraft, and ‘ member of the crew ’ shall be construed accordingly.”