The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008

2.—(1) Regulation 1 (citation, commencement and interpretation)(1) is modified as follows.

(2) In paragraph (2)(2),—

(a) after the definition of “the 2002 Act” insert—

““appropriate authority” means a person nominated by the Secretary of State;”;

(b) after the definition of “the Commission” insert—

““immigration decision” has the meaning given in section 82(2) of the Nationality, Immigration and Asylum Act 2002;”; and

(c) omit the definition of “a relevant offence”.

(3) After paragraph (2) insert—

“(3) In these Regulations “specified enforcement functions” means, subject to paragraphs (4) and (5) the exercise of—

(a) powers of entry;

(b) powers to search persons and property;

(c) powers to seize or detain property;

(d) powers to arrest persons;

(e) powers to detain persons;

(f) powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and

(g) powers in connection with the removal of persons from the United Kingdom.

(4) The following shall not be regarded as an enforcement function—

(i) the making of an immigration decision;

(ii) the making of any decision to grant or refuse asylum; or

(iii) the giving of any directions to remove persons from the United Kingdom.

(5) For the avoidance of doubt, references to “specified enforcement functions” in paragraph (3) include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 2000.”.

(1)

Regulation 1 has been amended by articles 26(1) and (2) of S.I. 2005/3389.

(2)

Paragraph 2 has been amended by articles 26(1) and (2) of S.I. 2005/3389.