(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 F1...)” shall be disregarded,
(e)[F2sections 293 and 293A] 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.
Textual Amendments
F1Words in s. 24(2)(d) omitted (18.10.2012) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 16(2) (with arts. 24-28)
F2Words in s. 24(2)(e) substituted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 16(3) (with arts. 24-28)
Commencement Information
I1S. 24 in force at 1.4.2010 by S.I. 2010/606, art. 2