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Immigration and Asylum Act 1999
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- 1999 c. 33
- Part VII
- Seized material: access and copying
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Immigration and Asylum Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Part VII Crossheading Seized-material-access-and-copying:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 103-103B by 2002 c. 41 s. 53
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act by 2002 c. 41 s. 66(4)
- Act amendment to earlier affecting provision SI 1994/1405 art. 7 by S.I. 2007/3579 art. 3(c)
- Act amendment to earlier commencing SI 2007/1109 art. 6 by S.I. 2011/1158 art. 4 6
- Act applied (with modifications) by S.I. 2006/987 art. 7
- Act applied (with modifications) by S.I. 2010/1907 reg. 16 Sch. 2
- Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This SI was revoked before it came into force by SI 2010/1906, reg. 2)
- Act extended (Guernsey) (with modifications) by S.I. 2003/2900 art. 2 Sch.
- Act modified by SI 1994/1405 art. 7 (as amended) by S.I. 2006/2627 art. 2
- Act specified provisions extended (Jersey) (with modifications) by S.I. 2003/1252 art. 2 Sch.
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 24A inserted by 2004 c. 33 Sch. 27 para. 162
- s. 24A(4)(a) text amended by S.I. 2008/678 Sch. 2 para. 11(b)
- s. 24A(4)(a) transfer of functions by S.I. 2008/678 Sch. 1 para. 11(b)
- s. 86A inserted by 2007 c. 29 Sch. 18 para. 14
- s. 92A inserted by 2004 c. 19 s. 38(1)
- s. 92B inserted by 2004 c. 19 s. 39
- s. 103A(1) text amended by 2004 c. 19 s. 10(5)(6)
- s. 103A(1) text amended by S.I. 2008/2833 Sch. 3 para. 184
- s. 109A 109B inserted by 2007 c. 30 s. 18
- s. 153A inserted by 2006 c. 13 s. 59(1)
- specified provision(s) Appointed Day(s) by S.I. 2003/758 art. 2
Commencement Orders yet to be applied to the Immigration and Asylum Act 1999:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/2 art. 2 Sch. commences (1999 c. 33)
- S.I. 2003/1469 art. 2 Sch. commences (1999 c. 33)
- S.I. 2003/1862 art. 2 commences (1999 c. 33)
- S.I. 2004/2997 art. 2 commences (1999 c. 33)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1 art. 2 Sch. commences (2002 c. 41)
- S.I. 2003/124 art. 2-5 commences (2002 c. 32)
- S.I. 2003/392 art. 2 commences (2002 c. 21)
- S.I. 2003/754 art. 2 commences (2002 c. 41)
- S.I. 2003/962 art. 2 commences (2002 c. 21)
- S.I. 2003/1766 art. 2 commences (2002 c. 16)
- S.I. 2004/2523 art. 2 commences (2004 c. 19)
- S.I. 2004/2999 art. 2 Sch. commences (2004 c. 19)
- S.I. 2005/372 art. 2 commences (2004 c. 19)
- S.I. 2005/565 art. 2 commences (2004 c. 19)
- S.I. 2005/1112 art. 2 Sch. 1 2 commences (2004 c. 33)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2006/1439 art. 2 commences (2006 c. 15)
- S.I. 2006/1497 art. 3 4 Sch. commences (2006 c. 13)
- S.I. 2006/2226 art. 3 Sch. 1 commences (2006 c. 13)
- S.I. 2007/1109 art. 3-5 Sch. commences (2006 c. 13)
- S.I. 2007/1602 art. 2 commences (2004 c. 19)
- S.I. 2008/99 art. 2 commences (2007 c. 30)
- S.I. 2008/787 art. 2 commences (2007 c. 5)
- S.I. 2008/1436 art. 2 3 commences (2007 c. 29)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2008/3137 art. 2 commences (2008 c. 14)
- S.I. 2009/415 art. 2-4 commences (2008 c. 17)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/2565 art. 2 commences (2006 c. 15)
- S.I. 2009/2731 art. 2-4 commences (2009 c. 11)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2010/2089 art. 1-8 commences (2007 c. 29)
- S.I. 2011/720 art. 2 commences (2007 c. 29)
- S.S.I. 2003/548 art. 2 commences (2003 asp 11)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
- S.R. 2003/373 art. 2 commences (2002 c. 14 (N.I.))
- S.R. 2003/466 art. 2 commences (S.I. 2003/413 (N.I.))
- S.R. 2008/276 art. 2 commences (2007 c. 2 (N.I.))
Seized material: access and copyingE+W+S+N.I.
136 Access and copying.E+W+S+N.I.
(1)In the 1971 Act, after section 28H, insert—
“28I Seized material: access and copying.
(1)If a person showing himself—
(a)to be the occupier of the premises on which seized material was seized, or
(b)to have had custody or control of the material immediately before it was seized,
asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.
(2)If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision—
(a)in the case of seized material within subsection (8)(a), of an immigration officer;
(b)in the case of seized material within subsection (8)(b), of a constable.
(3)An immigration officer may photograph or copy, or have photographed or copied, seized material.
(4)If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—
(a)that person to have access to the material for the purpose of photographing or copying it under the supervision—
(i)in the case of seized material within subsection (8)(a), of an immigration officer;
(ii)in the case of seized material within subsection (8)(b), of a constable; or
(b)the material to be photographed or copied.
(5)A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time.
(6)There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—
(a)the exercise of any functions in connection with which the material was seized; or
(b)an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.
(7)“Relevant person” means—
(a)a person who had custody or control of seized material immediately before it was seized, or
(b)someone acting on behalf of such a person.
(8)“Seized material” means anything—
(a)seized and retained by an immigration officer, or
(b)seized by an immigration officer and retained by the police,
under this Part.”
(2)In the 1971 Act, in Schedule 2 after paragraph 25C, insert—
“ Access and copying25D(1)If a person showing himself—
(a)to be the occupier of the premises on which seized material was seized, or
(b)to have had custody or control of the material immediately before it was seized,
asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.
(2)If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for that person to have access to the material under the supervision of an immigration officer.
(3)An immigration officer may photograph or copy, or have photographed or copied, seized material.
(4)If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—
(a)that person to have access to the material under the supervision of an immigration officer for the purpose of photographing or copying it; or
(b)the material to be photographed or copied.
(5)A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time.
(6)There is no duty under this paragraph to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—
(a)the exercise of any functions in connection with which the material was seized; or
(b)an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.
(7)“Relevant person” means—
(a)a person who had custody or control of seized material immediately before it was seized, or
(b)someone acting on behalf of such a person.
(8)“Seized material” means anything which has been seized and retained under this Schedule.”
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