Enforcement

I124Seizure of cash

1

Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash) shall apply in relation to an immigration officer as it applies in relation to a constable.

2

For that purpose—

a

“unlawful conduct”, in or in relation to section 289, means an offence under the Immigration Acts,

b

“unlawful conduct”, in or in relation to other provisions, means an offence—

i

under the Immigration Acts, or

ii

listed in section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19),

c

“senior officer” in section 290 means an official of the Secretary of State who is a civil servant of the rank of at least Assistant Director,

d

in section 292 the words “(in relation to England and Wales and Northern Ireland)” shall be disregarded,

e

section 293 shall not apply,

f

an application for an order under section 295(2) must be made—

i

in relation to England and Wales or Northern Ireland, by an immigration officer, and

ii

in relation to Scotland, by the Scottish Ministers in connection with their functions under section 298 or by a procurator fiscal,

g

an application for forfeiture under section 298 must be made—

i

in relation to England and Wales or Northern Ireland, by an immigration officer, and

ii

in relation to Scotland, by the Scottish Ministers, and

h

any compensation under section 302 shall be paid by the Secretary of State.

3

The Secretary of State may by order amend subsection (2)(c) to reflect a change in nomenclature; and an order—

a

shall be made by statutory instrument, and

b

shall be subject to annulment in pursuance of a resolution of either House of Parliament.