SCHEDULES

C1SCHEDULE 8Powers to seize invalid passports etc

Annotations:
Modifications etc. (not altering text)
C1

Sch. 8: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(m)(3)-(6), 87(1)(4)(i); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29

F14Powers of search and seizure etc: places other than ports

Annotations:
Amendments (Textual)
F14

Sch. 8 para. 3 crossheading substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 163(2), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 34

I13

F11

An examining officer who is a constable or a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 may exercise any of the powers under this paragraph, at a place that is not a port, if the examining officer reasonably believes that a person is in possession of a cancelled UK passport or an invalid non-UK travel document.

2

F2A passport is “a cancelled UK passport” if—

a

the passport was issued by or for Her Majesty's Government, F3and

b

the Secretary of State has cancelled the passport on the basis that the person to whom it was issued has or may have been, or will or may become, involved in activities so undesirable that it is contrary to the public interest for the person to have access to passport facilities, F4...

F13c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52A

An invalid travel document is “an invalid non-UK travel document” if it is, or appears to be, a passport or other document which has been issued by or for the government of a state other than the United Kingdom.

3

The powers are—

a

to require the person to hand over all travel documents in his or her possession for inspection by F6the examining officer;

b

to search for travel documents and to take possession of any that F7the examining officer finds;

c

to inspect any travel document taken from the person and to retain it while its validity is checked;

d

(subject to paragraph 4) to retain any travel document taken from the person that F8the examining officer reasonably believes to be invalid.

4

The power under sub-paragraph (3)(b) is a power to search—

a

the person;

b

anything that the person has with him or her;

c

any vehicle in which F9the examining officer reasonably believes the person to have been travelling or to be about to travel;

d

any premises on which F10the examining officer is lawfully present.

5

F11An examining officer—

a

may if necessary use reasonable force for the purpose of exercising a power under this paragraph;

b

may authorise a person to carry out on F12the examining officer’s behalf a search under this paragraph.