SCHEDULES

SCHEDULE 21Powers of immigration officers: further provision

Part 1General

Police Act 1997

2

(1)

Section 93 (authorisations to interfere with property etc) is amended in accordance with this paragraph.

(2)

In subsection (1B), after “Customs” insert “ , an immigration officer ”.

(3)

In subsection (3)—

(a)

in paragraph (d), omit the final “or”;

(b)

after paragraph (d) insert—

“(da)

if the authorising officer is within subsection (5)(ha), by an immigration officer;”.

(4)

In subsection (4)—

(a)

in the words after paragraph (b), for “it” substitute “ the conduct ”;

(b)

after “1979” insert “ or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence ”.

(5)

In subsection (5)(h), omit “or”.

(6)

After subsection (6B), insert—

“(6C)

For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—

(a)

relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(b)

is undertaken for the purposes of, or otherwise in relation to, any of these enactments—

(i)

the British Nationality Act 1981;

(ii)

the Hong Kong Act 1985;

(iii)

the Hong Kong (War Wives and Widows) Act 1996;

(iv)

the British Nationality (Hong Kong) Act 1997;

(v)

the British Overseas Territories Act 2002;

(vi)

an instrument made under any of those Acts.”.