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24 [F1Exercise of civil recovery powers by immigration officers]U.K.

This section has no associated Explanatory Notes

[F2(1)Chapters 3 to [F33B] [F33F] of Part 5 of the Proceeds of Crime Act 2002 (civil recovery) apply in relation to an immigration officer as they apply in relation to a constable.]

(2)For that purpose—

[F4(a)“unlawful conduct”, in or in relation to [F5sections 289 and 303C and [F6Chapter 3B] [F6Chapters 3B to 3F]], means conduct which—

(i)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(ii)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment,

and (in either case) constitutes an offence,]

(c)“senior officer” in [F7sections 290 [F8, 297A and 303E and in Chapter 3B (see section 303Z2(4))]] [F9, Chapter 3C (see section 303Z20(4)), Chapter 3D (see section 303Z36(8)) and Chapter 3E (see section 303Z41(9))] means an official of the Secretary of State who is a civil servant [F10at or above the grade which is designated by the Secretary of State as being equivalent to the rank of police inspector],

(d)in [F11sections 292 and 303G] [F12(including as section 303G is applied by section 303Z25)] the words “(in relation to England and Wales F13...)” shall be disregarded,

(e)[F14sections 293 [F15, 293A, 303H and 303I]] [F16(including as sections 303H and 303I are applied by section 303Z25)] shall not apply,

(f)an application for an order under section 295(2) [F17or 303L(1)] [F17, 303L(1), 303Z28(1) or (4), 303Z32(1) or (4) or 303Z57(3) or (5)] must be made—

(i)in relation to England and Wales or Northern Ireland, by an immigration officer, and

(ii)in relation to Scotland, by the Scottish Ministers in connection with their functions under section 298 [F18or (as the case may be) 303O] [F18, 303O, 303Z41 or (as the case may be) 303Z60] or by a procurator fiscal,

(g)an application for forfeiture under section 298 [F19, 303O [F20or 303Z14] [F20, 303Z14, 303Z41 or 303Z60]] must be made—

(i)in relation to England and Wales or Northern Ireland, by an immigration officer, and

(ii)in relation to Scotland, by the Scottish Ministers, and

(h)any compensation under section 302 [F21, 303W [F22or 303Z18] [F22, 303Z18, 303Z52 or 303Z64]] shall be paid by the Secretary of State.

[F23(2A) In subsection (2)(a)(ii) “ relevant nationality enactment ” means any enactment in—

(a)the British Nationality Act 1981,

(b)the Hong Kong Act 1985,

(c)the Hong Kong (War Wives and Widows) Act 1996,

(d)the British Nationality (Hong Kong) Act 1997,

(e)the British Overseas Territories Act 2002, or

(f)an instrument made under any of those Acts.]

(3)The Secretary of State may by order amend subsection (2)(c) to reflect a change in nomenclature; and an order—

(a)shall be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1S. 24 heading substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(2), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

F2S. 24(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

F4S. 24(2)(a) substituted for s. 24(2)(a)(b) (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(6)(a), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(g)

F5Words in s. 24(2)(a) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(4), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

F8Words in s. 24(2)(c) substituted (27.4.2017 for specified purposes, 30.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(5), 58(1)(6); S.I. 2018/78, reg. 2(c); S.I. 2021/724, reg. 2(1)(i)

F11Words in s. 24(2)(d) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(6), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

F15Words in s. 24(2)(e) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(7), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

F19Words in s. 24(2)(g) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(10), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

F21Words in s. 24(2)(h) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(11), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i)

Commencement Information

I1S. 24 in force at 1.4.2010 by S.I. 2010/606, art. 2

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