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james bruce
james bruce, Solicitor-Advocate
Category: Immigration Law
Satisfied Customers: 4730
Experience:  Owner at James Bruce Solicitors
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It is explained at the Gov.uk website that "You must

Customer Question

It is explained at the Gov.uk website that "You must complete a passenger locator form online before you arrive in the UK".
Additionally they say it is illegal to put a false information filling in the form.
I wonder on what ground I MUST to fill the form and what is the Law which makes it illegal to provide a false information?
I would very much prefer not to fill in such a form and especially not to provide information which I consider to be private.
Submitted: 8 days ago.
Category: Immigration Law
Expert:  Immigration Warrior replied 8 days ago.

Hi

You need to provide this information so that the government can trace where you are currently living for the purpose of COVID 19 tracing.

Customer: replied 8 days ago.
Thanks but I understood it before I made a question which is about something pretty different.
Expert:  Immigration Warrior replied 7 days ago.

Hi

My apologies, please find enclosed the regulations and the penalties for providing misleading information on the passenger locator form.

https://www.legislation.gov.uk/nisr/2021/99/contents/made

Kind regards

Customer: replied 7 days ago.
Thanks. It is for Northern Ireland and I asked about England. I am going to come to London.
Customer: replied 7 days ago.
I would appreciate if you could mention a precise paragraph, please.
Customer: replied 7 days ago.
I need to see the legislation where it is stated "If a person provides false information in the passenger locator form they will be punished so and so". Thanks.
Expert:  Immigration Warrior replied 6 days ago.

Hi

Apologies, please find enclosed the link to the legislation for the UK.

https://www.legislation.gov.uk/uksi/2020/568/body/made

Kind Regards

Customer: replied 6 days ago.
Tanks. I asked you "I would appreciate if you could mention a precise paragraph, please. I need to see the legislation where it is stated "If a person provides false information in the passenger locator form they will be punished so and so".
It is a big document and I am not even an English native speaker.
Expert:  Immigration Warrior replied 6 days ago.

Hi

Please read Part 3 of that attachment, enforcement.

Kind Regards

Customer: replied 5 days ago.
I have already read it but I could not find anything about prosecution for providing false information in the passenger locator form. Can you?
Expert:  Immigration Warrior replied 5 days ago.

Hi

The legislation speaks generally about the penalties if a person does not comply with the rules.

Customer: replied 3 days ago.
generally, and I need to know about prosecution for providing false information in the passenger locator form.
The Law is precise, it should explain exactly what punishment is for a precise offence.
If you can not explain it then it is fine, just leave the thread and invite another lawyer.
Expert:  Immigration Warrior replied 3 days ago.

Hi

In that case I will opt out of the question, as I can only advise you in relation to what the home office has published.

Expert:  james bruce replied 3 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Expert:  james bruce replied 3 days ago.

The law relating to your question is not written down in one single line of text, neither does it need to be.

The legislation dealing with this is

The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

Part 2, 3, confirms the legal obligations of those arriving in the U.K.

Part 3, 11, confirms the offence relating to the above.

a)without reasonable excuse P contravenes a requirement in regulation 3 (requirement to provide information);

Your “I would very much prefer not to fill in such a form and especially not to provide information which I consider to be private” is not a reasonable excuse.

You do however, have a choice.

You can provide the legally required information and abide by the law.

You can refuse to do so or give false information, in which case if you are found out, then the authorities will know where you will be for up to the next 10 years as the6 can impose a prison sentence to that maximum limit, and or a fine of £10000.

The final option of course is not to enter the U.K. until such information is no longer a legal requirement.

Customer: replied 3 days ago.
Thanks.
And where it is exactly said that for providing false information in the passenger locator form a person can be imprisoned for up to 10 years? Parts 2, 3 and 11 are very big and I asked for precise information. You could have said "Legislation" or even "the Law" but it is not what I asked.
Customer: replied 3 days ago.
Then we again where we started. My initial question was "It is explained at the Gov.uk website that "You must complete a passenger locator form online before you arrive in the UK".
I wnat to see the exact Law. And where it is exactly said that for providing false information in the passenger locator form a person can be imprisoned for up to 10 years?
Expert:  james bruce replied 2 days ago.

Providing false information if an offence of fraud and you can be prosecuted under the fraud act for that offence. That is the penalty for the offence.

Customer: replied 10 hours ago.
Thanks.
You mean Fraud Act 2006? So it should be stated in this legislation dated 2006 that for providing false information in the passenger locator form (which did not exist in the year 2006) a person can be imprisoned for up to 10 years. What is a coorect paragraph?
Expert:  james bruce replied 10 hours ago.

The law does not work that way.
It does not need to be written in every word.

The covid law clearly makes it an offence to supply false information.
The fraud act states what a sentence can be

an act does not need to state every single word ie. theft of a bottle of coke.
If your steal it is an offence, every item does not need to be

The fraud act deals with fraud, false information etc.

The covid law clearly states you have to supply the information .

I cannot be more clear in that. Sorry.

Customer: replied 10 hours ago.
1)A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).
(2)The sections are—
(a)section 2 (fraud by false representation),
(b)section 3 (fraud by failing to disclose information), and
(c)section 4 (fraud by abuse of position).
Where is a providing a false information?
Expert:  james bruce replied 10 hours ago.

Supplying false information is fraud by false representation.