Section 53: Arrest pending deportation
134.Section 53 amends paragraph 2(4) of schedule 3 to the Immigration Act 1971 in order to clarify the circumstances in which the powers of arrest under paragraph 17 of Schedule 2 to the 1971 Act arise in deportation cases. The amendment makes clear that the powers of arrest – with and without warrant – under paragraph 17 may be exercised in deportation cases when the notice of intention to deport is ready but has not yet been given to the prospective deportee. In particular, it ensures that immigration officers and constables can continue to seek a warrant in such circumstances under paragraph 17(2) to enter named premises in order to give the notice of intention to deport to the prospective deportee and arrest him.
