Immigration Act 1971

[F1 25CA (1) An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person— U.K.

(a) is in possession of a driving licence, and

(b) is not lawfully resident in the United Kingdom.

(2) The authorised officer may enter and search any premises—

(a) occupied or controlled by the person, or

(b) in which the person was when the person was encountered by the officer,

for the driving licence.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the authorised officer has reasonable grounds for believing that the driving licence is on the premises,

(b) only to the extent that it is reasonably required for the purpose of discovering the driving licence, and

(c) unless the authorised officer is a constable, only if a senior officer has authorised its exercise in writing.

(4) Sub-paragraph (3)(c) does not apply where it is not reasonably practicable for the authorised officer to obtain the authorisation of a senior officer before exercising the power.

(5) An authorised officer who has conducted a search in reliance on sub-paragraph (4) must inform a senior officer as soon as is practicable.

(6) The senior officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of the grounds for the search.

(7) In this paragraph and paragraphs 25CB and 25CC—

• “authorised officer” means—

  (a)

  an immigration officer,

  (b)

  a constable, or

  (c)

  a person of a kind authorised for the purposes of this paragraph and paragraphs 25CB and 25CC by the Secretary of State;

• “driving licence”—

  (a)

  means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part II of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), and

  (b)

  includes a licence of that kind which has been revoked;

• “senior officer” means—

  (a)

  in relation to an authorised officer who is an immigration officer, an immigration officer not below the rank of chief immigration officer;

  (b)

  in relation to an authorised officer other than an immigration officer, a person of a kind designated by the Secretary of State for the purposes of this paragraph in relation to an authorised officer of that kind.

(8) For the purposes of this paragraph and paragraphs 25CB and 25CC a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.]

Textual Amendments

F1 Sch. 2 paras. 25CA-25CC and cross-headings inserted (31.7.2017 for specified purposes) by Immigration Act 2016 (c. 19), ss. 43(2), 94(1) (with s. 43(5)); S.I. 2017/799, reg. 2