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Nationality, Immigration and Asylum Act 2002

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153 Power of entryE+W+S+N.I.

This section has no associated Explanatory Notes

(1)The following shall be inserted after section 28C of the Immigration Act 1971 (search and arrest without warrant)—

28CA Business premises: entry to arrest

(1)A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—

(a)for an offence under section 24,

(b)for an offence under section 24A, or

(c)under paragraph 17 of Schedule 2.

(2)The power under subsection (1) may be exercised only—

(a)to the extent that it is reasonably required for a purpose specified in subsection (1),

(b)if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,

(c)with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and

(d)if the constable or immigration officer produces identification showing his status.

(3)Authority for the purposes of subsection (2)(c)—

(a)may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and

(b)shall expire at the end of the period of seven days beginning with the day on which it is given.

(4)Subsection (2)(d) applies—

(a)whether or not a constable or immigration officer is asked to produce identification, but

(b)only where premises are occupied.

(5)Subsection (6) applies where a constable or immigration officer—

(a)enters premises in reliance on this section, and

(b)detains a person on the premises.

(6)A detainee custody officer may enter the premises for the purpose of carrying out a search.

(7)In subsection (6)—

  • detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and

  • search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).

(2)The following shall be substituted for section 146(2) of the Immigration and Asylum Act 1999 (use of force)—

(2)A person exercising a power under any of the following may if necessary use reasonable force—

(a)section 28CA, 28FA or 28FB of the 1971 Act (business premises: entry to arrest or search),

(b)section 141 or 142 of this Act, and

(c)regulations under section 144 of this Act.

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