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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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(1)A designated immigration officer at a port in England, Wales or Northern Ireland may detain an individual if the immigration officer thinks that the individual—
(a)may be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 (c. 60) or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), or
(b)is subject to a warrant for arrest.
(2)A designated immigration officer who detains an individual—
(a)must arrange for a constable to attend as soon as is reasonably practicable,
(b)may search the individual for, and retain, anything that might be used to assist escape or to cause physical injury to the individual or another person,
(c)must retain anything found on a search which the immigration officer thinks may be evidence of the commission of an offence, and
(d)must, when the constable arrives, deliver to the constable the individual and anything retained on a search.
(3)An individual may not be detained under this section for longer than three hours.
(4)A designated immigration officer may use reasonable force for the purpose of exercising a power under this section.
(5)Where an individual whom a designated immigration officer has detained or attempted to detain under this section leaves the port, a designated immigration officer may—
(a)pursue the individual, and
(b)return the individual to the port.
(6)Detention under this section shall be treated as detention under the Immigration Act 1971 (c. 77) for the purposes of Part 8 of the Immigration and Asylum Act 1999 (c. 33) (detained persons).
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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