(1)An immigration officer exercising any specified power to—
(a)arrest, question, search or take fingerprints from a person,
(b)enter and search premises, or
(c)seize property found on persons or premises,
must have regard to such provisions of a code as may be specified.
(2)Subsection (1) also applies to an authorised person exercising the power to take fingerprints conferred by section 141.
[F1(2A)A person exercising a power under regulations made by virtue of section 144 must have regard to such provisions of a code as may be specified.]
(3)Any specified provision of a code may have effect for the purposes of this section subject to such modifications as may be specified.
(4)“Specified” means specified in a direction given by the Secretary of State.
(5)“Authorised person” has the same meaning as in section 141.
(6)“Code” means—
(a)in relation to England and Wales, any code of practice for the time being in force under the M1Police and Criminal Evidence Act 1984;
(b)in relation to Northern Ireland, any code of practice for the time being in force under the M2Police and Criminal Evidence (Northern Ireland) Order 1989.
(7)This section does not apply to any person exercising powers in Scotland.
Textual Amendments
F1S. 145(2A) inserted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 128(2), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
Marginal Citations