(1)    This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Duty to Share Information and Disclosure of Information for Security Purposes) Order 2008 and shall come into force on 1st March 2008.

(2)    In this Order—

“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006; and

“shuttle train”, “through train” and “international service” have the same meanings as in the Channel Tunnel (International Arrangements) Order 1993.

(3)    Any power specified in this Order for the purposes of section 36(4)(a) or section 38(4)(a) of the 2006 Act should be read as including a reference to that power as modified under section 11 of the Channel Tunnel Act 1987 (regulation of the tunnel system: application and enforcement of law, etc).

(1)    Subject to paragraphs (2) and (3), the powers contained in the provisions set out in Schedule 1 to this Order are specified for the purposes of section 36(4)(a) of the 2006 Act (duty to share information).

(2)    The powers are only specified to the extent to which they relate to—

(a)    passengers on a ship or aircraft or through train or shuttle train;

(b)    crew of a ship or aircraft or through train or shuttle train;

(c)    freight on a ship or aircraft or through train or shuttle train; or

(d)    flights or voyages or international services.

(3)    A power shall not be construed as being specified if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (former Inland Revenue matters) applies.

(1)    Subject to paragraph (2), the matters in respect of travel and freight set out in Schedule 2 to this Order are specified for the purposes of section 36(4)(b) of the 2006 Act (duty to share information).

(2)    A matter shall not be construed as being specified if or in so far as—

(a)    disclosure of information relating to it may prejudice an investigation or prosecution whether in the United Kingdom or elsewhere;

(b)    the consent of a third party is required for disclosure of information relating to it and that consent has not been obtained;

(c)    disclosure of information relating to it is likely to cause loss of life or serious injury to any person;

(d)    non-disclosure of information relating to it is necessary for the purpose of safeguarding national security; or

(e)    disclosure of information relating to it would be in breach of an obligation of the United Kingdom or Her Majesty's Government under an international or other agreement.

(1)    Subject to paragraphs (2) and (3), the powers contained in the provisions set out in Schedule 1 to this Order are specified for the purposes of section 38(4)(a) of the 2006 Act (disclosure of information for security purposes).

(2)    The powers are only specified to the extent to which they relate to—

(a)    passengers on a ship or aircraft or through train or shuttle train;

(b)    crew of a ship or aircraft or through train or shuttle train;

(c)    freight on a ship or aircraft or through train or shuttle train; or

(d)    flights or voyages or international services.

(3)    A power shall not be construed as being specified if or in so far as it relates to a matter to which section 7 of the Commissioner for Revenue and Customs Act 2005 (former Inland Revenue matters) applies.

The matters in respect of travel and freight set out in Schedule 2 to this Order are specified for the purposes of section 38(4)(b) of the 2006 Act (disclosure of information for security purposes).

Signed by authority of the Secretary of State

Liam Byrne

Minister of State

Home Office

26th February 2008

Alan Campbell

Dave Watts

Two of the Lords Commissioners of Her Majesty's Treasury

Treasury

28th February 2008

1

The provisions are—

(a)    an order made under paragraph 27(2) of Schedule 2 to the Immigration Act 1971 (power to require provision of information in respect of a ship or an aircraft);

(b)    paragraph 27B of Schedule 2 to the Immigration Act 1971 (passenger information);

(c)    paragraph 27C of Schedule 2 to the Immigration Act 1971 (notification of non-EEA arrivals on a ship or aircraft);

(d)    section 32 of the 2006 Act (passenger and crew information: police powers);

(e)    section 35 of the Customs and Excise Management Act 1979 (report inwards) and any directions or regulations made under that provision;

(f)    section 64 of the Customs and Excise Management Act 1979 (clearance outwards of ships and aircraft) and any directions made under that provision;

(g)    section 77 of the Customs and Excise Management Act 1979 (information in relation to goods imported or exported);

(h)    section 9 of the Commissioners for Revenue and Customs Act 2005 (ancillary powers); and

(i)    Articles 181b (entry summary declaration) and 842a (exit summary declaration) and Annex 30A of Regulation (EEC) No 2454/93.

2

Until 1st July 2009 paragraph 1 shall have effect as if sub-paragraph (i) were omitted.

3

The matters are—

(a)    the behaviour or suspected behaviour of a passenger, member of crew or person involved in the supply chain of a freight movement, whether already undertaken or anticipated, and including any possible connection with another person held by that passenger, member of crew or person;

(b)    the behaviour or suspected behaviour of a person connected or possibly connected to a passenger, member of crew or person involved in the supply chain of a freight movement, whether already undertaken or anticipated, and including any possible connection with another person held by him;

(c)    any action taken, considered or planned in relation to a passenger, member of crew, person involved in the supply chain of a freight movement or any person connected or possibly connected to any of those persons by—

(i)    the Secretary of State in so far as he has functions under the Immigration Acts;

(ii)    a chief officer of police; or

(iii)    Her Majesty's Revenue and Customs.

This Order is made under sections 36 and 38 of the Immigration, Asylum and Nationality Act 2006 and includes provision made under those provisions as applied with modifications under section 11 of the Channel Tunnel Act 1987. This Order makes provision in respect of information which is to be, or may be, shared by the Secretary of State (in so far as he has functions under the Immigration Acts), a chief officer of police and Her Majesty's Revenue and Customs under sections 36 and 38 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”). Articles 2 and 3 of this Order make provision in respect of the information that must be shared between those persons under section 36 of the 2006 Act. Articles 4 and 5 of this Order make provision in respect of information held by those persons that may be shared with the Security Service, Intelligence Service and the Government Communications Headquarters where the information is likely to be of use for certain security purposes. In either case, the information is defined by reference to the powers under which it is obtained, the relevant provisions being specified in Schedule 1, and by reference to the matters to which it relates, specified in Schedule 2.