PART 4SEnforcement of Part 3

Enforcement of requirement in [F1regulation 6] [F2and 6B]S

8.—(1) Where a constable has reasonable grounds for suspecting that a person (“P”) has contravened the requirement in regulation 6(2) [F3or [F46B(2)]] the constable may—

(a)direct P to return to the place where P is staying in accordance with regulation 6(2) [F3or [F46B(2)]],

(b)remove P to the place where P is staying in accordance with regulation 6(2) [F3or [F46B(2)]], or

(c)where it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to a hotel or other accommodation facilitated by the Secretary of State.

(2) Paragraph (1)(b) and (c) do not apply where P is a person described in paragraph 1 of schedule 2.

(3) A constable exercising the power in paragraph (1) may use reasonable force, if necessary, in doing so.

(4) Where a child is outside of the place where they are staying in accordance with regulation 6(2) [F5or [F66B(2)]] and is accompanied by an individual who has responsibility for the child (“A”)—

(a)a constable may direct A to take the child to the place where the child is staying in accordance with regulation 6(2) [F5or [F66B(2)]], and

(b)A must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by a constable to the child.

(5) Where a constable has reasonable grounds for suspecting that a child has repeatedly contravened the requirement in regulation 6(2) [F7or [F86B(2)]], the constable may direct any individual who has responsibility for the child to ensure, so far as reasonably practicable, that the child complies with that requirement.

(6) A constable may only exercise a power in paragraph (1), (4), or (5) if the constable considers that it is a necessary and proportionate means of ensuring compliance with the requirement in regulation 6(2) [F9or [F106B(2)]].

(7) A constable exercising a power under paragraph (1), (4) or (5) may give to P or A any direction or instruction the constable considers necessary and proportionate.

[F11(8) Where P is a person who falls within regulation 6B(2), an authorised person may give a direction to P to ensure that P complies with the requirements of that regulation, including a direction—

(a)that P remain in a particular area of a port to await transportation to P’s designated accommodation,

(b)that P move to a particular place to board P’s designated transportation,

(c)that P board P’s designated transportation to travel to P’s designated accommodation,

(d)that P remain in, or return to, the place where P is required to stay in accordance with regulation 6B(2).

(9) For the purposes of paragraph (8), an “authorised person” means a person authorised by the Scottish Ministers for the purposes of this Regulation.]

Textual Amendments

Commencement Information

I1Reg. 8 in force at 8.6.2020, see reg. 1(2)