Information

Retention of nationality document etc
46B
1
An immigration officer or constable may retain a nationality document produced in response to a notice under section
46A
(2)
while the immigration officer or constable suspects that—
a
the individual to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
b
retention of the document may facilitate the individual’s removal.
2
Section 28I of the Immigration Act 1971 (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section
46A
(2)
and retained by an immigration officer as if the nationality document had been seized when the individual had custody or control of it.
3
Section 21 of the Police and Criminal Evidence Act 1984 or Article 23 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (
S.I. 1989/1341 (N.I. 12)
) (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section
46A
(2)
and retained by a constable in England and Wales or Northern Ireland as if the nationality document had been seized when the individual had custody or control of it.
Ss. 46A-46C inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 160, 183(1)(5)(e)