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Immigration Act 1971
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- UK Public General Acts
- 1971 c. 77
- SCHEDULE 2
- Part I
- Search of premises in...
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Changes over time for: Cross Heading: Search of premises in connection with removal
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Changes to legislation:
Immigration Act 1971, Cross Heading: Search of premises in connection with removal is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 10(1A)(1B) inserted by 1999 c. 33 Sch. 14 para. 47(3)
- s. 24(1)(fa) inserted by 2023 c. 37 s. 10(2)
- s. 24C-24F inserted by 2016 c. 19 s. 44(2)
- s. 26A(1)(b)(ia) inserted by 2016 c. 19 Sch. 11 para. 25
- s. 27(1)(aa) inserted by 2023 c. 37 s. 10(3)(a)
- s. 27(1)(ba) inserted by 2023 c. 37 s. 10(3)(b)
- s. 28CA(1)(bb) substituted for word in s. 28CA(1)(b) by 2016 c. 19 s. 44(5)
- Sch. 2 para. 27B(4A) inserted by 2004 c. 19 s. 16
- Sch. 2 para. 26(4) inserted by 2016 c. 19 s. 74(1)
- Sch. 2 Pt. 1A inserted by 2016 c. 19 Sch. 13
- Sch. 2 para. 11A inserted by 2023 c. 37 s. 10(4)
[F1Search of premises in connection with removalU.K.
Textual Amendments
F1Sch. 2 para. 15A inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 46(3), 94(1); S.I. 2016/603, reg. 3(g)
15A(1)This paragraph applies if—U.K.
(a)an immigration officer is lawfully on any premises, and
(b)a person who is liable to be detained under paragraph 16(2) is on the premises.
(2)The immigration officer may search the premises for documents which—
(a)relate to the person, and
(b)may be evidence for a ground on which the person's leave to enter or remain in the United Kingdom may be curtailed.
(3)The power may be exercised—
(a)only if the immigration officer has reasonable grounds for believing there are documents within sub-paragraph (2) on the premises, and
(b)only to the extent that it is reasonably required for the purpose of discovering such documents.
(4)An immigration officer searching premises under this paragraph may seize any document the officer finds which the officer has reasonable grounds for believing is a document within sub-paragraph (2).
(5)Sub-paragraph (6) applies where—
(a)an immigration officer is searching premises under this paragraph, and
(b)any document the officer has reasonable grounds for believing is a document within sub-paragraph (2) is stored in any electronic form and is accessible from the premises.
(6)The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
(7)If a requirement under sub-paragraph (6) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the immigration officer may seize the device or medium on which it is stored.
(8)But sub-paragraphs (4) to (7) do not apply to a document which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.
(9)An immigration officer may retain a document seized under this paragraph while—
(a)the person to whom the document relates is liable to be detained under paragraph 16(2), and
(b)the document falls within sub-paragraph (2)(b).
(10)But a document may not be retained for the purpose mentioned in sub-paragraph (9) if a photograph or copy would be sufficient for that purpose.]
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