PART 3Enforcement

Powers of immigration officers etc

I146Powers in connection with examination, detention and removal

1

Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

2

In paragraph 2(1) (examination by immigration officers) at the end of paragraph (c) insert

; and

d

whether, if he has been given leave which is still in force, his leave should be curtailed.

3

After paragraph 15 insert—

15ASearch of premises in connection with removal

1

This paragraph applies if—

a

an immigration officer is lawfully on any premises, and

b

a person who is liable to be detained under paragraph 16(2) is on the premises.

2

The immigration officer may search the premises for documents which—

a

relate to the person, and

b

may be evidence for a ground on which the person's leave to enter or remain in the United Kingdom may be curtailed.

3

The power may be exercised—

a

only if the immigration officer has reasonable grounds for believing there are documents within sub-paragraph (2) on the premises, and

b

only to the extent that it is reasonably required for the purpose of discovering such documents.

4

An immigration officer searching premises under this paragraph may seize any document the officer finds which the officer has reasonable grounds for believing is a document within sub-paragraph (2).

5

Sub-paragraph (6) applies where—

a

an immigration officer is searching premises under this paragraph, and

b

any document the officer has reasonable grounds for believing is a document within sub-paragraph (2) is stored in any electronic form and is accessible from the premises.

6

The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

7

If a requirement under sub-paragraph (6) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the immigration officer may seize the device or medium on which it is stored.

8

But sub-paragraphs (4) to (7) do not apply to a document which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.

9

An immigration officer may retain a document seized under this paragraph while—

a

the person to whom the document relates is liable to be detained under paragraph 16(2), and

b

the document falls within sub-paragraph (2)(b).

10

But a document may not be retained for the purpose mentioned in sub-paragraph (9) if a photograph or copy would be sufficient for that purpose.

4

In paragraph 25A (entry and search of premises where person arrested or detained under Schedule 2)—

a

after sub-paragraph (7) insert—

7A

Sub-paragraph (7B) applies where—

a

an officer is searching premises under this paragraph, and

b

any document the officer has reasonable grounds for believing is a relevant document is stored in any electronic form and is accessible from the premises.

7B

The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

7C

If a requirement under sub-paragraph (7B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.

b

in sub-paragraph (8) for “sub-paragraph (7)(a) does” substitute “ sub-paragraphs (7) to (7C) do ”, and

c

in sub-paragraph (8A) for “sub-paragraph (7)” substitute “ this paragraph ”.

5

In paragraph 25B (search of person arrested under Schedule 2) after sub-paragraph (8) insert—

8A

Sub-paragraph (8B) applies where—

a

an officer is searching a person under this paragraph, and

b

any document the officer has reasonable grounds for believing is a document within sub-paragraph (3)(b) is stored in any electronic form on a device or medium found on the person.

8B

The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

8C

If a requirement under sub-paragraph (8B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.

8D

Sub-paragraphs (8B) and (8C) do not apply to a document which the officer has reasonable grounds for believing is an item subject to legal privilege.