SCHEDULES

SCHEDULE 21Powers of immigration officers: further provision

Part 1General

Proceeds of Crime Act 2002

I1I1214

The Proceeds of Crime Act 2002 is amended as follows.

I1315

In section 41A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (c) insert—

ca

an immigration officer;

I1416

1

Section 47C (power to seize property) is amended in accordance with this paragraph.

2

Subsection (6) is amended as follows—

a

after paragraph (a) insert—

aa

where applicable, in accordance with subsection (6A) or (6B).

b

for “(b) is exercisable” substitute—

6A

The power conferred by this section is exercisable

3

After subsection (6A) insert—

6B

The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—

a

relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

b

is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.

4

After subsection (7) insert—

8

Relevant nationality enactment” means any enactment in—

a

the British Nationality Act 1981,

b

the Hong Kong Act 1985,

c

the Hong Kong (War Wives and Widows) Act 1996,

d

the British Nationality (Hong Kong) Act 1997,

e

the British Overseas Territories Act 2002, or

f

an instrument made under any of those Acts.

I1517

In section 47G (“appropriate approval”), in subsection (3), after paragraph (a) insert—

aa

in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,

I1618

In section 47M (further detention in other cases), in subsection (3), after paragraph (a) insert—

aa

an immigration officer;

I219

In section 72 (serious default), in subsection (9), after paragraph (e) insert—

ea

if the person in default was an immigration officer, the compensation is payable by the Secretary of State;

I1720

In section 120A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (b) insert—

ba

an immigration officer;

I1821

1

Section 127C (power to seize property) is amended in accordance with this paragraph.

2

Subsection (6) is amended as follows—

a

after paragraph (a) insert—

aa

where applicable, in accordance with subsection (6A) or (6B).

b

for “(b) is exercisable” substitute—

6A

The power conferred by this section is exercisable

3

After subsection (6A) insert—

6B

The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—

a

relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

b

is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.

4

After subsection (7) insert—

8

Relevant nationality enactment” means any enactment in—

a

the British Nationality Act 1981,

b

the Hong Kong Act 1985,

c

the Hong Kong (War Wives and Widows) Act 1996,

d

the British Nationality (Hong Kong) Act 1997,

e

the British Overseas Territories Act 2002, or

f

an instrument made under any of those Acts.

I1922

In section 127G (“appropriate approval”), in subsection (3), after paragraph (a) insert—

aa

in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,

I2023

In section 127M (further detention in other cases: Scotland), in subsection (3), after paragraph (a) insert—

aa

an immigration officer;

I2124

In section 190A (restraint orders: power to retain seized property), in subsection (3), after paragraph (c) insert—

ca

an immigration officer;

I2225

1

Section 195C (power to seize property) is amended in accordance with this paragraph.

2

Subsection (6) is amended as follows—

a

after paragraph (a) insert—

aa

where applicable, in accordance with subsection (6A) or (6B).

b

for “(b) is exercisable” substitute—

6A

The power conferred by this section is exercisable

3

After subsection (6A) insert—

6B

The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—

a

relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

b

is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.

4

After subsection (7) insert—

8

Relevant nationality enactment” means any enactment in—

a

the British Nationality Act 1981,

b

the Hong Kong Act 1985,

c

the Hong Kong (War Wives and Widows) Act 1996,

d

the British Nationality (Hong Kong) Act 1997,

e

the British Overseas Territories Act 2002, or

f

an instrument made under any of those Acts.

I2326

In section 195G (“appropriate approval”), in subsection (3), after paragraph (a) insert—

aa

in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,

I2427

In section 195M (further detention in other cases: Northern Ireland), in subsection (3), after paragraph (a) insert—

aa

an immigration officer;

I2528

In section 297A (forfeiture notice), in subsection (6), after paragraph (a) insert—

aa

an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,

I2629

In section 297F (release of cash subject to forfeiture notice), in subsection (4), after “Customs,” insert “ immigration officer, ”.

I330

In section 351 (supplementary provision about production orders), in subsection (5)—

a

after “customs officer” (in the first place) insert “ or an immigration officer ”;

b

after “customs officer” (in the second place) insert “ or immigration officer ”.

I431

In section 352 (search and seizure warrants), in subsection (5)—

a

in paragraph (a), after “a customs officer” insert “ or an immigration officer ”;

b

in paragraph (c), after “Customs” insert “ or an immigration officer ”.

I532

In section 353 (requirements where production order not available), in subsection (10)—

a

in paragraph (a)—

i

for “investigator or” substitute “ investigator, ”;

ii

after “customs officer” insert “ or an immigration officer ”;

b

in paragraph (c)—

i

for “investigator or” substitute “ investigator, ”;

ii

after “Customs” insert “ or an immigration officer ”.

I633

In section 356 (further provisions: civil recovery and detained cash), in subsection (11)(b), after “Customs” insert “ or an immigration officer ”.

I734

In section 357 (disclosure orders), in subsection (8)—

a

in paragraph (c), omit the final “and”;

b

at the end of paragraph (d), insert

; and—

e

in relation to a confiscation investigation carried out by an immigration officer, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person.

I835

1

Section 369 (supplementary provision about customer information orders) is amended in accordance with this paragraph.

2

In subsection (5)—

a

after “customs officer” (in the first place) insert “ or an immigration officer ”;

b

after “customs officer” (in the second place) insert “ or immigration officer ”.

3

In subsection (7), after “customs officer” insert “ or an immigration officer ”.

I936

In section 375 (supplementary provision about account monitoring orders), in subsection (4)—

a

after “customs officer” (in the first place) insert “ or an immigration officer ”;

b

after “customs officer” (in the second place) insert “ or immigration officer ”.

I1037

1

Section 377 (code of practice of Secretary of State etc) is amended in accordance with this paragraph.

2

In subsection (1), after paragraph (e) insert—

f

immigration officers.

3

In subsection (5), for “(e)” substitute “ (f) ”.

I1138

In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the provision which relates to references to a “constable”, after “customs and excise officer” insert “ and to an immigration officer ”.