- Latest available (Revised)
- Point in Time (01/10/2004)
- Original (As enacted)
Point in time view as at 01/10/2004.
Immigration and Asylum Act 1999, Section 138 is up to date with all changes known to be in force on or before 15 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
In the 1971 Act, after section 28J, insert—
(1)A warrant may be executed by any immigration officer.
(2)A warrant may authorise persons to accompany the officer executing it.
(3)Entry and search under a warrant must be—
(a)within one month from the date of its issue; and
(b)at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated.
(4)If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must—
(a)identify himself to the occupier and produce identification showing that he is an immigration officer;
(b)show the occupier the warrant; and
(c)supply him with a copy of it.
(5)If—
(a)the occupier is not present, but
(b)some other person who appears to the officer to be in charge of the premises is present,
subsection (4) has effect as if each reference to the occupier were a reference to that other person.
(6)If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises.
(7)A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
(8)An officer executing a warrant must make an endorsement on it stating—
(a)whether the persons or articles sought were found; and
(b)whether any articles, other than articles which were sought, were seized.
(9)A warrant which has been executed, or has not been executed within the time authorised for its execution, must be returned—
(a)if issued by a justice of the peace in England and Wales, to the justices’ chief executive appointed by the magistrates’ court committee whose area includes the petty sessions area for which the justice acts;
(b)if issued by a justice of the peace in Northern Ireland, to the clerk of petty sessions for the petty sessions district in which the premises are situated;
(c)if issued by a justice of the peace in Scotland, to the clerk of the district court for the commission area for which the justice of the peace was appointed;
(d)if issued by the sheriff, to the sheriff clerk.
(10)A warrant returned under subsection (9)(a) must be retained for 12 months by the justices’ chief executive.
(11)A warrant issued under subsection (9)(b) or (c) must be retained for 12 months by the clerk.
(12)A warrant returned under subsection (9)(d) must be retained for 12 months by the sheriff clerk.
(13)If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so.
(14)“Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: