Part 5

Miscellaneous

Director General of the Independent Office for Police Conduct

Immigration and asylum enforcement functions and customs functions: complaints and misconduct
41
1
The Secretary of State may make regulations conferring functions on the Director General of the Independent Office for Police Conduct (“the Director General”) in relation to—
a
the exercise by immigration officers of specified enforcement functions;
b
the exercise by officials of the Secretary of State of specified enforcement functions relating to immigration or asylum;
c
the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b).
2
In subsection (1) the reference to enforcement functions includes, in particular, reference to—
a
powers of entry,
b
powers to search persons or 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 to 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.
2A
The Secretary of State may make regulations conferring functions on the
Director General
in relation to—
a
the exercise by designated customs officials, and officials of the Secretary of State, of customs functions within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009;
b
the exercise by the Director of Border Revenue, and any person exercising functions of the Director, of customs revenue functions within the meaning of that Part of that Act;
c
the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b).
3
Regulations under subsection (1) may not confer functions on the Director General in relation to the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 1999 (c. 33).
4
Regulations under subsection (1) or (2A)—
a
may apply (with or without modification) or make provision similar to any provision of or made under Part 2 of the Police Reform Act 2002 (c. 30)
(complaints);
b
may make provision for payment by the Secretary of State to or in respect of the Director General.
5
The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
a
by virtue of this section, or
b
under the Parliamentary Commissioner Act 1967 (c. 13).
6
The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
a
the Director General has functions by virtue of this section, and
b
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967 (c. 13).
7
Regulations under subsection (1) or (2A) shall relate only to the exercise of functions in or in relation to England and Wales , including the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales.
8
In this section “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).
S. 41 in force at 29.6.2007 for E.W. by S.I. 2007/1614, art. 2(f)
S. 41 in force at 10.10.2007 for S.N.I. by S.I. 2007/2754, art. 2
S. 41(2A) inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 30(1)(b), 58(1) (with s. 36(4))
Words in s. 41 inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 30(3), 58(1) (with s. 36(4))
S. 41(1)(c) inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 30(1)(a), 58(1) (with s. 36(4))
Words in s. 41(4) inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 30(2), 58(1) (with s. 36(4))
Words in s. 41(7) inserted (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 30(2), 58(1) (with s. 36(4))
Words in s. 41(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 69(1)(a); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 41(2A) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 69(1)(b); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 41(3) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 69(1)(c); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 41(4)(b) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 69(1)(d); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 41(5) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 69(1)(e); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 41(6) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 69(1)(f); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 41 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 69(2); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 41(7) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 21(3), 183(1)(5)(e); S.I. 2020/5, reg. 2(h) (with reg. 3(1)(2))