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The Immigration (Alcohol Licensing and Late Hours Catering) (Scotland) Regulations 2018

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Powers of entry: immigration officers

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29.  After section 138 of the 2005 Act, insert—

“138A    Powers of entry: immigration officers

(1) Where an immigration officer has reason to believe that any premises are being used for the sale of alcohol, the officer may enter the premises with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the sale of alcohol.

(2) An immigration officer exercising a power conferred by this section must, if so requested, produce evidence of that officer’s authority to exercise the power.

(3) An immigration officer exercising a power conferred by this section may, if necessary, use reasonable force.

(4) A person commits an offence if the person intentionally obstructs an immigration officer exercising a power conferred by this section.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) In this section, “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971(1).”.

(1)

There have been amendments to paragraph 1 of Schedule 2 to the Immigration Act 1971 which are not relevant to these Regulations.

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