Part 7Offences
Procedure
153 Power of entry
1
The following shall be inserted after section 28C of the Immigration Act 1971 (search and arrest without warrant)—
28CA Business premises: entry to arrest
1
A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—
a
for an offence under section 24,
b
for an offence under section 24A, or
c
under paragraph 17 of Schedule 2.
2
The power under subsection (1) may be exercised only—
a
to the extent that it is reasonably required for a purpose specified in subsection (1),
b
if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,
c
with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and
d
if the constable or immigration officer produces identification showing his status.
3
Authority for the purposes of subsection (2)(c)—
a
may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and
b
shall expire at the end of the period of seven days beginning with the day on which it is given.
4
Subsection (2)(d) applies—
a
whether or not a constable or immigration officer is asked to produce identification, but
b
only where premises are occupied.
5
Subsection (6) applies where a constable or immigration officer—
a
enters premises in reliance on this section, and
b
detains a person on the premises.
6
A detainee custody officer may enter the premises for the purpose of carrying out a search.
7
In subsection (6)—
“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and
“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).
2
The following shall be substituted for section 146(2) of the Immigration and Asylum Act 1999 (use of force)—
2
A person exercising a power under any of the following may if necessary use reasonable force—
a
section 28CA, 28FA or 28FB of the 1971 Act (business premises: entry to arrest or search),
b
section 141 or 142 of this Act, and
c
regulations under section 144 of this Act.