Immigration Act 1971

he is a British citizen; or

section 2(2) shall not apply to him, and

any certificate of entitlement granted to him shall have no effect.

he shall not enter the United Kingdom unless given leave to do so in accordance with F6the provisions of, or made under, this Act;

he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;

a person’s leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and

the limitation on and any conditions attached to a person’s leave F12(whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave.

the Secretary of State deems his deportation to be conducive to the public good; or

another person to whose family he belongs is or has been ordered to be deported.

would be in breach of the obligations of the United Kingdom under Article 20 of the EU withdrawal agreement, Article 19 of the EEA EFTA separation agreement, or Article 17 or 20(3) of the Swiss citizens' rights agreement, or

would be in breach of those obligations if the provision in question mentioned in paragraph (a) applied in relation to the person.

a United Kingdom passport describing him as a British citizen,

a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, F18or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a certificate of entitlement.

if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of relevant entry clearance immigration rules,

if the person has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of Article 23 of the Swiss citizens’ rights agreement,

if the person may enter the United Kingdom by virtue of regulations made under section 8 of the European Union (Withdrawal Agreement) Act 2020 (frontier workers), whether or not the person has entered by virtue of those regulations.

the Secretary of State has issued directions for the Irish citizen not to be given entry to the United Kingdom on the ground that the Irish citizen's exclusion is conducive to the public good,

the Secretary of State has given the Irish citizen notice of the directions, and

the directions have not been withdrawn.

leave to be given or refused before the person concerned arrives in the United Kingdom;

the form or manner in which leave may be given, refused or varied;

the imposition of conditions;

a person’s leave to enter not to lapse on his leaving the common travel area.

an entry visa, or

such other form of entry clearance as may be prescribed,

provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect.

contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

make different provision for different cases.

the form or manner in which leave may be given, refused or varied;

the imposition of conditions;

a person’s leave to remain in the United Kingdom not to lapse on his leaving the common travel area.

contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

make different provision for different cases.

a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

the application for variation is made before the leave expires, and

the leave expires without the application for variation having been decided.

the application for variation is neither decided nor withdrawn,

an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought F26, while the appellant is in the United Kingdom against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), F27...

an appeal under that section against that decision F28, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act) F29, F30...

an appeal could be brought under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”), while the appellant is in the United Kingdom, against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission),

an appeal under the 2020 Regulations against that decision, brought while the appellant is in the United Kingdom, is pending (within the meaning of those Regulations), or

has failed to comply with a condition attached to the leave, or

has used or uses deception in seeking leave to remain (whether successfully or not).

may make provision by reference to receipt of a notice,

may provide for a notice to be treated as having been received in specified circumstances,

may make different provision for different purposes or circumstances,

shall be made by statutory instrument, and

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

the appointment and powers of immigration officers and medical inspectors for purposes of this Act;

the examination of persons arriving in or leaving the United Kingdom by ship or aircraft F38. . ., and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and

the exercise by immigration officers of their powers in relation to entry into the United Kingdom, and the removal from the United Kingdom of persons refused leave to enter or entering or remaining unlawfully; and

the detention of persons pending examination or pending removal from the United Kingdom;

as to the officers of police by whom registers are to be maintained, and as to the form and content of the registers;

as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;

as to the issue of certificates of registration and as to the payment of fees for certificates of registration;

where that other person is a man, his wife F41or civil partner, and his or her children under the age of eighteen; and

where that other person is a woman, her husband F43or civil partner, and her or his children under the age of eighteen;

a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation; and

the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any enactment restricting the imprisonment of young offenders or F48first offendersF48persons who have not previously been sentenced to imprisonment;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall not be liable to deportation under section 3(5) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;

shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.

“sentence” includes any order made on conviction of an offence; and

two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and

there is in force a deportation order made against him; or

he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom; or

an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;

he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and

he has not ceased to be such a member after having taken up the post.

he is subject, as a member of the home forces, to service law; or

being a member of a Commonwealth force or of a force raised under the law of any F58. . . colony, protectorate or protected state, is undergoing or about to undergo training in the United Kingdom with any body, contingent or detachment of the home forces; or

he is serving or posted for service in the United Kingdom as a member of a visiting force or of any force raised as aforesaid or as a member of an international headquarters or defence organisation designated for the time being by an Order in Council under section 1 of the M6International Headquarters and Defence Organisations Act 1964.

ceases to be exempt, and

requires leave to enter or remain in the United Kingdom as a result,

a person who is exempt ceases to be exempt, and

there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),

leave to enter the United Kingdom;

leave to remain in the United Kingdom F66(and any leave given to a person who is an excluded person is invalid).

a person named by or under, or of a description specified in, an instrument falling within subsection (5), or

a person who under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 is an excluded person for the purposes of this section (see section 4 of that Act).

requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or

recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).

F71the person is within subsection (4)(a) and not within subsection (4)(b) and has been exempted from the application of subsection (1), (2) or (3), as the case may be, under a process applying by virtue of the instrument falling within subsection (5).

entered any of the Islands or the Republic of Ireland on coming from a place outside the common travel area; or

left the United Kingdom while having a limited leave to enter or remain which has since expired;

he is on arrival in the United Kingdom given F77... notice by an immigration officer stating that, the Secretary of State having issued directions for him not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good F78..., he is accordingly refused leave to enter the United Kingdom; or

he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom.

references to disembarking in the United Kingdom do not apply to disembarking after a local journey from a place in the United Kingdom or elsewhere in the common travel area; and

references to embarking in the United Kingdom do not apply to embarking for a local journey to a place in the United Kingdom or elsewhere in the common travel area.

in the case of a journey to a place in the United Kingdom, began its voyage from, or has during its voyage called at, a place not in the common travel area; or

in the case of a journey from a place in the United Kingdom, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.

if contrary to this Act he knowingly enters the United Kingdom in breach of a deportation order or without leave;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);

if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to F103a medical officer of healthF103the chief administrative medical officer of a Health BoardF104or the chief administrative medical officer of a Health and Social Services Board, or to attend, or submit to a test or examination, as required by such an officer;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom;

if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this ActF106;

if the person is on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 and, without reasonable excuse, the person breaches a bail condition within the meaning of that Schedule.

any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;

proof that a person had leave to enter the United Kingdom shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced.

he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or

he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.

the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;

the making of a deportation order against him under section 5 of this Act; or

his removal from the United Kingdom in consequence of directions or a deportation order.

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

P works at a time when P is disqualified from working by reason of P's immigration status, and

at that time P knows or has reasonable cause to believe that P is disqualified from working by reason of P's immigration status.

the person has not been granted leave to enter or remain in the United Kingdom, or

in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both,

in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.

the person is to be treated for the purposes of subsection (2) as if the person had been granted leave to enter the United Kingdom, but

any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

under a contract of employment,

under a contract of apprenticeship,

under a contract personally to do work,

under or for the purposes of a contract for services,

for a purpose related to a contract to sell goods,

as a constable,

in the course of Crown employment,

as a relevant member of the House of Commons staff, or

as a relevant member of the House of Lords staff.

service as a member of the naval, military or air forces of the Crown, or

employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996.

does an act which facilitates the commission of a breach F117or attempted breach of immigration law by an individual who is not F118a national of the United Kingdom,

knows or has reasonable cause for believing that the act facilitates the commission of a breach F117or attempted breach of immigration law by the individual, and

knows or has reasonable cause for believing that the individual is not F118a national of the United Kingdom.

enter the State F121or the United Kingdom,

transit across the State F122or the United Kingdom, or

be in the State F123or the United Kingdom.

a British citizen;

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or

a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.

shall be admissible in proceedings for an offence under this section, and

shall be conclusive as to the matter certified.

on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

a reference to a member State includes a reference to F127Norway or Iceland, F128...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

he knowingly and for gain facilitates the arrival F131or attempted arrival in F132, or the entry F133or attempted entry into, the United Kingdom of an individual, and

he knows or has reasonable cause to believe that the individual is an asylum-seeker.

the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation)), or

the Human Rights Convention (within the meaning given by that section).

aims to assist asylum-seekers, and

does not charge for its services.

owned the vehicle at the time the offence was committed,

was at that time a director, secretary or manager of a company which owned the vehicle,

was at that time in possession of the vehicle under a hire-purchase agreement,

was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or

was driving the vehicle in the course of the commission of the offence.

owned the ship or aircraft at the time the offence was committed,

was at that time a director, secretary or manager of a company which owned the ship or aircraft,

was at that time in possession of the ship or aircraft under a hire-purchase agreement,

was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement,

was at that time a charterer of the ship or aircraft, or

committed the offence while acting as captain of the ship or aircraft.

in the case of a ship, if subsection (5) or (6) applies;

in the case of an aircraft, if subsection (5) or (7) applies.

in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and

a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25 F138or 25A.

an individual who seeks to enter a member State in breach of immigration law F139(for which purpose “member State F140or the United Kingdom” and “immigration law” have the meanings given by section 25(2) and (7)), and

an individual who is F141the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking). F142the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015 F143the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).

an asylum-seeker (within the meaning of that section), and

an individual who is F144the victim of conduct which constitutes an offence under section 2 of the Modern Slavery Act 2015 (human trafficking). F145the victim of conduct which constitutes an offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland 2015 F146the victim of conduct which constitutes an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).

until a decision is taken as to whether or not to charge the arrested person with that offence; or

he owns the ship, aircraft or vehicle,

he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or

he is a charterer of the ship or aircraft.

the arrested person is convicted; and

an order for its forfeiture is made under F154section 25C.

in Scotland, the sheriff; and

if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;

if, without reasonable excuse, he refuses or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;

if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of F161a relevant enactment a return, statement or representation which he knows to be false or does not believe to be true;

if, without lawful authority, he alters any F162certificate of entitlement, entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, F162certificate of entitlement, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;

if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act;

if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above;

if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.

this Act;

the M10Immigration Act 1988;

the M11Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5);F164. . .

the Immigration and Asylum Act 1999 (apart from Part VI) F165 ; or

the Nationality, Immigration and Asylum Act 2002 (apart from Part 5).

carries information about a person (whether or not wholly or partly electronically), and

makes a false registration card,

alters a registration card with intent to deceive or to enable another to deceive,

has a false or altered registration card in his possession without reasonable excuse,

uses or attempts to use a false registration card for a purpose for which a registration card is issued,

uses or attempts to use an altered registration card with intent to deceive,

makes an article designed to be used in making a false registration card,

makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or

has an article within paragraph (f) or (g) in his possession without reasonable excuse.

on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

amend the definition of “registration card” in subsection (1);

make consequential amendment of this section.

must be made by statutory instrument, and

may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

“immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function,

“replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and

“immigration function” means a function of an immigration officer or the Secretary of State under the Immigration Acts.

on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

if, F178. . . as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated.

if as a person concerned in the management of a port he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

proceedings have been instituted against the person under section 34 of the Immigration, Asylum and Nationality Act 2006 in respect of a failure to provide the same information.

an information relating to the offence may in England and Wales be tried by a magistrates’ court if it is laid within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by F184an officer of police above the rank of chief superintendent to be the date on which evidence sufficient to justify proceedings came to the notice of an officer of F184the police force to which he belongs; and

summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commission of the offence and not more than two months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and

a complaint charging the commission of the offence may in Northern Ireland be heard and determined by a magistrates’ court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.

who has committed or attempted to commit an offence under section 24 or 24A; or

whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

who has committed F191or attempted to commit an offence under F192section F19324B, 25 F194or 25A; or

whom he has reasonable grounds for suspecting has committed F191or attempted to commit that offence.

has committed or attempted to commit an offence under section 26(1)(g); or

is committing or attempting to commit that offence.

he does not know, and cannot readily discover, the suspect’s name;

he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

the suspect has failed to give him a satisfactory address for service; or

he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

causing physical injury to himself or another person;

suffering physical injury; or

causing loss of or damage to property.

that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

who has committed an offence under section 26A or 26B; or

whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or

is committing or attempting to commit that offence.

has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or

is committing or attempting to commit that offence.

who has committed or attempted to commit an offence under section 24 or 24A; or

whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

who has committed F191or attempted to commit an offence under F192section F19324B, 25 F194or 25A; or

whom he has reasonable grounds for suspecting has committed F191or attempted to commit that offence.

has committed or attempted to commit an offence under section 26(1)(g); or

is committing or attempting to commit that offence.

he does not know, and cannot readily discover, the suspect’s name;

he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

the suspect has failed to give him a satisfactory address for service; or

he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

causing physical injury to himself or another person;

suffering physical injury; or

causing loss of or damage to property.

that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

who has committed an offence under section 26A or 26B; or

whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or

is committing or attempting to commit that offence.

has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or

is committing or attempting to commit that offence.

who has committed or attempted to commit an offence under section 24 or 24A; or

whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

who has committed F191or attempted to commit an offence under F192section F19324B, 25 F194or 25A; or

whom he has reasonable grounds for suspecting has committed F191or attempted to commit that offence.

has committed or attempted to commit an offence under section 26(1)(g); or

is committing or attempting to commit that offence.

he does not know, and cannot readily discover, the suspect’s name;

he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

the suspect has failed to give him a satisfactory address for service; or

he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

causing physical injury to himself or another person;

suffering physical injury; or

causing loss of or damage to property.

that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

who has committed an offence under section 26A or 26B; or

whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or

is committing or attempting to commit that offence.

has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or

is committing or attempting to commit that offence.

only to the extent that it is reasonably required for that purpose; and

only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and

any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

for an offence under section 24,

for an offence under section 24A, or

for an offence under section 24B,

under paragraph 17 of Schedule 2.

to the extent that it is reasonably required for a purpose specified in subsection (1),

if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,

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

if the constable or immigration officer produces identification showing his status.

may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and

shall expire at the end of the period of seven days beginning with the day on which it is given.

whether or not a constable or immigration officer is asked to produce identification, but

only where premises are occupied.

enters premises in reliance on this section, and

detains a person on the premises.

a relevant offence has been committed,

there is material on premises F218mentioned in subsection (1A) which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,

the material is likely to be relevant evidence,

the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and

any of the conditions specified in subsection (2) applies, F219in relation to each set of premises specified in the application,

one or more sets of premises specified in the application, or

subject to subsection (2A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

that because of the particulars of the offence referred to in paragraph (a) of subsection (1), there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection, and

that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

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

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 evidence;

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

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

an all premises warrant under this section, or

a warrant under this section authorising multiple entries.

read F229references to a justice of the peace as F229references to the sheriff or a justice of the peace; and

in F230subsection (1)(d) , omit the reference to excluded material and special procedure material.

in which the person was when arrested, or

in which he was immediately before he was arrested,

only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and

only to the extent that it is reasonably required for the purpose of discovering relevant evidence.

any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and

any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;

only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and

subject to subsection (3), only if a senior officer has authorised it in writing.

before taking the arrested person to a place where he is to be detained; and

without obtaining an authorisation under subsection (2)(c),

the grounds for the search; and

the nature of the evidence that was sought.

a person has been arrested for an offence under section 24(1) F237, 24A(1) or 24B(1) ,

a person has been arrested under paragraph 17 of Schedule 2,

a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or

a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.

that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and

that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial value (whether on their own or together with other material) in the investigation of the immigration employment offence.

an immigration employment offence, or

an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

to the extent that it is reasonably required for the purpose of discovering employee records other than items subject to legal privilege,

if the constable or immigration officer produces identification showing his status, and

if the constable or immigration officer reasonably believes that at least one of the conditions in subsection (5) applies.

that it is not practicable to communicate with a person entitled to grant access to the records,

that permission to search has been refused,

that permission to search would be refused if requested, and

that the purpose of a search may be frustrated or seriously prejudiced if it is not carried out in reliance on subsection (2).

whether or not a constable or immigration officer is asked to produce identification, but

only where premises are occupied.

that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer),

that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and

that at least one of the conditions in subsection (2) is satisfied F241in relation to each set of premises specified in the application.

one or more sets of premises specified in the application, or

subject to subsection (3C), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the records referred to in subsection (1)(b), and

that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

that it is not practicable to communicate with a person entitled to grant access to the premises,

that it is not practicable to communicate with a person entitled to grant access to the records,

that entry to the premises or access to the records will not be granted unless a warrant is produced, and

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

an all premises warrant under this section, or

a warrant under this section authorising multiple entries.

an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act, or

an offence under section 105 or 106 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: fraud).

anything which he might use to assist his escape from lawful custody; or

anything which might be evidence relating to the offence for which he has been arrested.

only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and

only to the extent that it is reasonably required for the purpose of discovering any such thing.

that that person might use it to assist his escape from lawful custody; or

that it is evidence which relates to the offence in question.

has been arrested for an offence under this Part; and

is in custody at a police station or in police detention at a place other than a police station.

which the officer has reasonable grounds for believing is evidence relating to the offence in question.

that person might use it for one or more of the purposes mentioned in subsection (2)(a); or

it is evidence relating to the offence in question.

violent or appears likely to become violent; or

incapable of understanding what is said to him.

in relation to England and Wales, has the same meaning as in the M14Police and Criminal Evidence Act 1984;

in relation to Scotland, means the officer in charge of a police station; and

in relation to Northern Ireland, has the same meaning as in the M15Police and Criminal Evidence (Northern Ireland) Order 1989.

in relation to England and Wales, has the meaning given by section 65 of the Act of 1984;

in relation to Scotland, means a search which consists of the physical examination of a person’s body orifices other than the mouth; and

in relation to Northern Ireland, has the same meaning as in the 1989 Order.

in relation to England and Wales, has the meaning given by section 118(2) of the 1984 Act; and

in relation to Northern Ireland, has the meaning given by Article 2 of the 1989 Order.

he has been taken to a police station after being arrested for an offence; or

he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,

may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

to be the occupier of the premises on which seized material was seized, or

to have had custody or control of the material immediately before it was seized,

in the case of seized material within subsection (8)(a), of an immigration officer;

in the case of seized material within subsection (8)(b), of a constable.

the material to be photographed or copied.

the exercise of any functions in connection with which the material was seized; or

an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.

a person who had custody or control of seized material immediately before it was seized, or

someone acting on behalf of such a person.

seized and retained by an immigration officer, or

seized by an immigration officer and retained by the police,

state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;

if the application is for a warrant authorising entry and search on more than one occasion, state the ground on which the officer applies for such a warrant, and whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;

specify the matters set out in subsection (2A) below; and

identify, so far as is practicable, the persons or articles to be sought.

if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;

the name of the person applying for it;

the date on which it is issued;

each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under the person's occupation or control which can be specified and which are to be searched; and

the provision of this Act under which it is issued.

the execution of the warrant, and

the seizure or detention of anything to which the warrant relates.

within F262three months from the date of its issue; and

at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated.

identify himself to the occupier and F264, if not in uniform, produce identification showing that he is an immigration officer;

show the occupier the warrant; and

supply him with a copy of it.

the occupier is not present, but

some other person who appears to the officer to be in charge of the premises is present,

whether the persons or articles sought were found; and