14U.K.The Proceeds of Crime Act 2002 is amended as follows.
Commencement Information
I1Sch. 21 para. 14 in force at 25.6.2013 for specified purposes by S.I. 2013/1042, art. 4(j)
Valid from 22/11/2014
15U.K.In section 41A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (c) insert—
“(ca)an immigration officer;”.
Valid from 22/11/2014
16(1)Section 47C (power to seize property) is amended in accordance with this paragraph.U.K.
(2)Subsection (6) is amended as follows—
(a)after paragraph (a) insert—
“(aa)where applicable, in accordance with subsection (6A) or (6B).”;
(b)for “(b) is exercisable” substitute—
“(6A)The power conferred by this section is exercisable”.
(3)After subsection (6A) insert—
“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—
(a)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
(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.”.
(4)After subsection (7) insert—
“(8)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.”.
Valid from 22/11/2014
17U.K.In section 47G (“appropriate approval”), in subsection (3), after paragraph (a) insert—
“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Valid from 22/11/2014
18U.K.In section 47M (further detention in other cases), in subsection (3), after paragraph (a) insert—
“(aa)an immigration officer;”.
19U.K.In section 72 (serious default), in subsection (9), after paragraph (e) insert—
“(ea)if the person in default was an immigration officer, the compensation is payable by the Secretary of State;”.
Commencement Information
I2Sch. 21 para. 19 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
Valid from 22/11/2014
20U.K.In section 120A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (b) insert—
“(ba)an immigration officer;”.
Valid from 22/11/2014
21(1)Section 127C (power to seize property) is amended in accordance with this paragraph.U.K.
(2)Subsection (6) is amended as follows—
(a)after paragraph (a) insert—
“(aa)where applicable, in accordance with subsection (6A) or (6B).”;
(b)for “(b) is exercisable” substitute—
“(6A)The power conferred by this section is exercisable”.
(3)After subsection (6A) insert—
“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—
(a)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
(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.”.
(4)After subsection (7) insert—
“(8)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.”.
Valid from 22/11/2014
22U.K.In section 127G (“appropriate approval”), in subsection (3), after paragraph (a) insert—
“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Valid from 22/11/2014
23U.K.In section 127M (further detention in other cases: Scotland), in subsection (3), after paragraph (a) insert—
“(aa)an immigration officer;”.
Valid from 22/11/2014
24U.K.In section 190A (restraint orders: power to retain seized property), in subsection (3), after paragraph (c) insert—
“(ca)an immigration officer;”.
Valid from 22/11/2014
25(1)Section 195C (power to seize property) is amended in accordance with this paragraph.U.K.
(2)Subsection (6) is amended as follows—
(a)after paragraph (a) insert—
“(aa)where applicable, in accordance with subsection (6A) or (6B).”;
(b)for “(b) is exercisable” substitute—
“(6A)The power conferred by this section is exercisable”.
(3)After subsection (6A) insert—
“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—
(a)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
(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.”.
(4)After subsection (7) insert—
“(8)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.”.
Valid from 22/11/2014
26U.K.In section 195G (“appropriate approval”), in subsection (3), after paragraph (a) insert—
“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Valid from 22/11/2014
27U.K.In section 195M (further detention in other cases: Northern Ireland), in subsection (3), after paragraph (a) insert—
“(aa)an immigration officer;”.
Valid from 22/11/2014
28U.K.In section 297A (forfeiture notice), in subsection (6), after paragraph (a) insert—
“(aa)an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Valid from 22/11/2014
29U.K.In section 297F (release of cash subject to forfeiture notice), in subsection (4), after “Customs,” insert “ immigration officer, ”.
30U.K.In section 351 (supplementary provision about production orders), in subsection (5)—
(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;
(b)after “customs officer” (in the second place) insert “ or immigration officer ”.
Commencement Information
I3Sch. 21 para. 30 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
31U.K.In section 352 (search and seizure warrants), in subsection (5)—
(a)in paragraph (a), after “a customs officer” insert “ or an immigration officer ”;
(b)in paragraph (c), after “Customs” insert “ or an immigration officer ”.
Commencement Information
I4Sch. 21 para. 31 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
32U.K.In section 353 (requirements where production order not available), in subsection (10)—
(a)in paragraph (a)—
(i)for “investigator or” substitute “ investigator, ”;
(ii)after “customs officer” insert “ or an immigration officer ”;
(b)in paragraph (c)—
(i)for “investigator or” substitute “ investigator, ”;
(ii)after “Customs” insert “ or an immigration officer ”.
Commencement Information
I5Sch. 21 para. 32 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
33U.K.In section 356 (further provisions: civil recovery and detained cash), in subsection (11)(b), after “Customs” insert “ or an immigration officer ”.
Commencement Information
I6Sch. 21 para. 33 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
34U.K.In section 357 (disclosure orders), in subsection (8)—
(a)in paragraph (c), omit the final “and”;
(b)at the end of paragraph (d), insert “; and—
(e)in relation to a confiscation investigation carried out by an immigration officer, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person.”.
Commencement Information
I7Sch. 21 para. 34 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
35(1)Section 369 (supplementary provision about customer information orders) is amended in accordance with this paragraph.U.K.
(2)In subsection (5)—
(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;
(b)after “customs officer” (in the second place) insert “ or immigration officer ”.
(3)In subsection (7), after “customs officer” insert “ or an immigration officer ”.
Commencement Information
I8Sch. 21 para. 35 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
36U.K.In section 375 (supplementary provision about account monitoring orders), in subsection (4)—
(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;
(b)after “customs officer” (in the second place) insert “ or immigration officer ”.
Commencement Information
I9Sch. 21 para. 36 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
37(1)Section 377 (code of practice of Secretary of State etc) is amended in accordance with this paragraph.U.K.
(2)In subsection (1), after paragraph (e) insert—
“(f)immigration officers.”.
(3)In subsection (5), for “(e)” substitute “ (f) ”.
Commencement Information
I10Sch. 21 para. 37 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
38U.K.In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the provision which relates to references to a “constable”, after “customs and excise officer” insert “ and to an immigration officer ”.
Commencement Information
I11Sch. 21 para. 38 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)