Immigration Act 2014

Entry and search of premises

3 (1) Paragraph 25A of Schedule 2 to the Immigration Act 1971 (power to enter premises and search for documents following arrest) is amended as follows.

(2) In sub-paragraph (1)(b) for “by a constable (other than under this Schedule)” substitute “other than under this Schedule”.

(3) After sub-paragraph (6) insert—

“(6A) If, on an application made by an immigration officer, a justice of the peace is satisfied that—

(a) there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are specified in the application, and

(b) any of the conditions in sub-paragraph (6B) is met,

the justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.

(6B) The conditions are that—

(a) it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the relevant documents;

(c) entry to the premises will not be granted unless a warrant is produced;

(d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.

(6C) In the application of sub-paragraph (6A) to Scotland, references to a justice of the peace are to be treated as references to the sheriff or a justice of the peace.”

(4) In sub-paragraph (7)—

(a) for “sub-paragraph (2)” substitute “this paragraph”;

(b) in paragraph (a) omit “and retain”;

(c) omit paragraph (b) and the “but” before it.

(5) After sub-paragraph (8) insert—

“(8A) An immigration officer may retain a document seized under sub-paragraph (7) while the officer has reasonable grounds for believing that—

(a) the arrested person 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 person’s removal.”