Enforcement

I124F7Exercise of civil recovery powers by immigration officers

F81

Chapters 3 to F153BF153F 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—

F3a

“unlawful conduct”, in or in relation to F9sections 289 and 303C and F19Chapter 3BF19Chapters 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 F6sections 290 F10, 297A and 303E and in Chapter 3B (see section 303Z2(4))F18, 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 F5at 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 303GF16(including as section 303G is applied by section 303Z25) the words “(in relation to England and Wales F1...)” shall be disregarded,

e

F2sections 293 F12, 293A, 303H and 303IF17(including as sections 303H and 303I are applied by section 303Z25) shall not apply,

f

an application for an order under section 295(2) F20or 303L(1)F20, 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 F21or (as the case may be) 303OF21, 303O, 303Z41 or (as the case may be) 303Z60 or by a procurator fiscal,

g

an application for forfeiture under section 298 F13, 303O F22or 303Z14F22, 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 F14, 303W F23or 303Z18F23, 303Z18, 303Z52 or 303Z64 shall be paid by the Secretary of State.

F42A

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.