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Section 154(7).
1U.K.A person who, for the purpose of obtaining a certificate of authorisation for himself or for any other person—
(a)makes a statement which he knows to be false in a material particular, or
(b)recklessly makes a statement which is false in a material particular,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2(1)A detainee custody officer exercising custodial functions has power—U.K.
(a)to search (in accordance with rules made by the Secretary of State) any detained person in relation to whom the officer is exercising custodial functions; and
(b)to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.
(2)The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.
(3)As respects a detained person in relation to whom he is exercising custodial functions, it is the duty of a detainee custody officer—
(a)to prevent that person’s escape from lawful custody;
(b)to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;
(c)to ensure good order and discipline on his part; and
(d)to attend to his wellbeing.
(4)The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.
Modifications etc. (not altering text)
C1Sch. 11 paras. 2, 3 extended (coming into force in accordance with art. 1(2) of the extending S.I.) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(2)
Commencement Information
I1Sch. 11 para. 2 wholly in force at 2.4.2001; Sch. 11 para. 2 not in force at Royal Assent; Sch. 11 para. 2(1)(a) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 11 para 2 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.
Textual Amendments
F1Words in Sch. 11 para. 3 heading inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(a); S.I. 2014/1820, art. 3(cc)
3(1)A detainee custody officer may perform functions of a custodial nature at a short-term holding facility [F2or in pre-departure accommodation] (whether or not he is authorised to perform custodial functions at a [F3removal centre]).U.K.
(2)When doing so, he is to have the same powers and duties in relation to the facility [F4or accommodation] and persons detained there as he would have if the facility [F4or accommodation] were a [F3removal centre].
Textual Amendments
F2Words in Sch. 11 para. 3(1) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(b)(i); S.I. 2014/1820, art. 3(cc)
F3Words in Sch. 11 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(k), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
F4Words in Sch. 11 para. 3(2) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(b)(ii); S.I. 2014/1820, art. 3(cc)
Modifications etc. (not altering text)
C1Sch. 11 paras. 2, 3 extended (coming into force in accordance with art. 1(2) of the extending S.I.) by Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(2)
4U.K.A person who assaults a detainee custody officer who is—
(a)acting in accordance with escort arrangements,
(b)performing custodial functions, F5...
(c)performing functions of a custodial nature at a short-term holding facility [F6or in pre-departure accommodation] ,[F7 or
(d)performing functions under section 51 of the Immigration Act 2016 (search for nationality documents),]
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
Textual Amendments
F5Word in Sch. 11 para. 4(b) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), ss. 53(2)(a), 94(1); S.I. 2016/603, reg. 3(g)
F6Words in Sch. 11 para. 4(c) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(c); S.I. 2014/1820, art. 3(cc)
F7Sch. 11 para. 4(d) and preceding word inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 53(2)(b), 94(1); S.I. 2016/603, reg. 3(g)
5U.K.A person who resists or wilfully obstructs a detainee custody officer who is—
(a)acting in accordance with escort arrangements,
(b)performing custodial functions, F8...
(c)performing functions of a custodial nature at a short-term holding facility [F9or in pre-departure accommodation] , [F10or
(d)performing functions under section 51 of the Immigration Act 2016 (search for nationality documents),]
is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Textual Amendments
F8Word in Sch. 11 para. 5(b) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), ss. 53(3)(a), 94(1); S.I. 2016/603, reg. 3(g)
F9Words in Sch. 11 para. 5(c) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 12(2)(d); S.I. 2014/1820, art. 3(cc)
F10Sch. 11 para. 5(d) and preceding word inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 53(3)(b), 94(1); S.I. 2016/603, reg. 3(g)
6U.K.For the purposes of paragraphs 4 and 5, a detainee custody officer is not to be regarded as acting in accordance with escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).
7(1)If it appears to the Secretary of State that a detainee custody officer is not a fit and proper person to perform escort functions or custodial functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions.U.K.
(2)If it appears to the escort monitor that a detainee custody officer is not a fit and proper person to perform escort functions, he may—
(a)refer the matter to the Secretary of State; or
(b)in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.
(3)If it appears to the contract monitor for the [F3removal centre] concerned that a detainee custody officer is not a fit and proper person to perform custodial functions, he may—
(a)refer the matter to the Secretary of State; or
(b)in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.
Textual Amendments
F3Words in Sch. 11 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(k), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
Commencement Information
I2Sch. 11 para. 7 wholly in force at 2.4.2001; Sch. 1 para. 7 not in force at Royal Assent see s. 170(4); Sch. 1 para. 7(1) in force at 3.4.2000 by S.I. 2000/464, art. 2, Sch.; Sch. 11 para. 7(2)(3) in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch.; Sch. 11 para 7 in force so far as not already in force at 2.4.2001 by S.I. 2001/239, art. 2, Sch.
Textual Amendments
F11Sch. 11 para. 8 and cross-heading added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 65(2), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
8U.K.A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions.]
[F129U.K.A reference in paragraph 4(d) or 5(d) to a detainee custody officer performing functions under section 51 of the Immigration Act 2016 includes a reference to a prison officer or prisoner custody officer performing such functions.]
Textual Amendments
F12Sch. 11 para. 9 inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 53(4), 94(1); S.I. 2016/603, reg. 3(g)
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