(1)[F2Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash) shall apply in relation to an immigration officer as it applies in relation to a constable.]
[F2Chapters 3 to 3B 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—
[F3(a)“unlawful conduct”, in or in relation to [F4section 289] [F4sections 289 and 303C and Chapter 3B], 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 [F5sections 290 [F6and 297A] [F6, 297A and 303E and in Chapter 3B (see section 303Z2(4))]] means an official of the Secretary of State who is a civil servant [F7at or above the grade which is designated by the Secretary of State as being equivalent to the rank of police inspector],
(d)in [F8section 292] [F8sections 292 and 303G] the words “(in relation to England and Wales F9...)” shall be disregarded,
(e)[F10sections 293 [F11and 293A] [F11, 293A, 303H and 303I]] shall not apply,
(f)an application for an order under section 295(2) [F12or 303L(1)] 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 [F13or (as the case may be) 303O] or by a procurator fiscal,
(g)an application for forfeiture under section 298 [F14, 303O or 303Z14] 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 [F15, 303W or 303Z18] shall be paid by the Secretary of State.
[F16(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) by Criminal Finances Act 2017 (c. 22), ss. 21(2), 58(1)(6)
F2S. 24(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6)
F3S. 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)
F4Words in s. 24(2)(a) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 21(4), 58(1)(6)
F5Words in s. 24(2)(c) substituted (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 113; S.I. 2015/983, arts. 2(2)(e), 3(hh)
F6Words 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) by Criminal Finances Act 2017 (c. 22), ss. 21(5), 58(1)(6); S.I. 2018/78, reg. 2(c)
F7Words in s. 24(2)(c) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 39 (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(l)
F8Words in s. 24(2)(d) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 21(6), 58(1)(6)
F9Words in s. 24(2)(d) omitted (18.10.2012) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 16(2) (with arts. 24-28)
F10Words in s. 24(2)(e) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 16(3) (with arts. 24-28)
F11Words in s. 24(2)(e) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 21(7), 58(1)(6)
F12Words in s. 24(2)(f) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 21(8), 58(1)(6)
F13Words in s. 24(2)(f)(ii) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 21(9), 58(1)(6)
F14Words in s. 24(2)(g) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 21(10), 58(1)(6)
F15Words in s. 24(2)(h) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 21(11), 58(1)(6)
F16S. 24(2A) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(6)(b), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(g)
Commencement Information
I1S. 24 in force at 1.4.2010 by S.I. 2010/606, art. 2