SCHEDULES
C2C3C4C5C6C7 SCHEDULE 2 Administrative Provisions as to Control on Entry etc.
Sch. 2 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(11) (as amended: (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11; (30.7.2000) by S.I. 2000/1775, arts. 1, 2(2); (25.5.2001) by S.I. 2001/1544, arts. 1(2), 6(3) (as itself amended (2.1.2008) by S.I. 2007/3579, art. 2(2)(3)); (5.8.2014) by S.I. 2014/1814, arts. 1, 2(3)(4); and (30.9.2020) by S.I. 2020/915, arts. 1(2), 5(5))
Sch. 2 extended (with modifications): (Guernsey) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1; (Jersey) (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Sch. 2 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)
Sch. 2 amended (2.10.2000) by 1999 c. 33, s. 66; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 2 extended (10.2.2003) (with modifications) by 2002 c. 41, s. 62(3) (with s. 159); S.I. 2003/1, art. 2, Sch.
Sch. 2 amended (1.4.2003) by 2002 c. 41, s. 68 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2) (as amended by S.I. 2003/1040 and S.I. 2003/1339)
Sch. 2 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 24(4) (as substituted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 10(c))
Sch. 2 amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (17.10.2012 coming into force in accordance with art. 1) by The Immigration and Asylum (Jersey) Order 2012 (S.I. 2012/2593), arts. 1, 2(2)
Sch. 2 applied in part (with modifications) by S.I. 2006/1003, reg. 29AA(6)(7) (as inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 8 (with reg. 4))
Sch. 2 amendment to earlier affecting provision S.I. 1993/1813 Sch. 4 para. 1(11) (5.8.2014) by The Channel Tunnel (International Arrangements) (Amendment) Order 2014 (S.I. 2014/1814), arts. 1, 2(3), (4)
C1C6 Part I General Provisions
Sch. 2 Pt. I applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 2 Pt. I amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 2 Pt. I applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))
F2 Entry and search of premises
Heading inserted (14.2.2000) by 1999 c. 33, s. 132(2); S.I. 2000/168, art. 2, Sch
C8F125A
1
This paragraph applies if—
a
a person is arrested under this Schedule; or
b
a person who was arrested F3other than under this Schedule is detained by an immigration officer under this Schedule.
2
An immigration officer may enter and search any premises—
a
occupied or controlled by the arrested person, or
b
in which that person was when he was arrested, or immediately before he was arrested,
for relevant documents.
3
The power may be exercised—
a
only if the officer has reasonable grounds for believing that there are relevant documents on the premises;
b
only to the extent that it is reasonably required for the purpose of discovering relevant documents; and
c
subject to sub-paragraph (4), only if a senior officer has authorised its exercise in writing.
4
An immigration officer may conduct a search under sub-paragraph (2)—
a
before taking the arrested person to a place where he is to be detained; and
b
without obtaining an authorisation under sub-paragraph (3)(c),
if the presence of that person at a place other than one where he is to be detained is necessary to make an effective search for any relevant documents.
5
An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable.
6
The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of—
a
the grounds for the search; and
b
the nature of the documents that were sought.
F46A
If, on an application made by an immigration officer, a justice of the peace is satisfied that—
a
there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are specified in the application, and
b
any of the conditions in sub-paragraph (6B) is met,
the justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.
6B
The conditions are that—
a
it is not practicable to communicate with any person entitled to grant entry to the premises;
b
it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the relevant documents;
c
entry to the premises will not be granted unless a warrant is produced;
d
the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.
6C
In the application of sub-paragraph (6A) to Scotland, references to a justice of the peace are to be treated as references to the sheriff or a justice of the peace.
7
An officer searching premises under F5this paragraph —
a
F7b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F97A
Sub-paragraph (7B) applies where—
a
an officer is searching premises under this paragraph, and
b
any document the officer has reasonable grounds for believing is a relevant document is stored in any electronic form and is accessible from the premises.
7B
The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
7C
If a requirement under sub-paragraph (7B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.
8
But F10sub-paragraphs (7) to (7C) do not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.
F88A
An immigration officer may retain a document seized under F11this paragraph while the officer has reasonable grounds for believing that—
a
the arrested person may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
b
retention of the document may facilitate the person's removal.
9
“Relevant documents” means any documents which might—
a
establish the arrested person’s identity, nationality or citizenship; or
b
indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.
10
“Senior officer” means an immigration officer not below the rank of chief immigration officer.
Sch. 2 modified (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 6(6)(b); S.I. 1991/1072, art. 2, Sch. Pt.I