SCHEDULES

SCHEDULE 21Powers of immigration officers: further provision

Part 1General

Proceeds of Crime Act 2002

21

(1)

Section 127C (power to seize property) is amended in accordance with this paragraph.

(2)

Subsection (6) is amended as follows—

(a)

after paragraph (a) insert—

“(aa)

where applicable, in accordance with subsection (6A) or (6B).”;

(b)

for “(b) is exercisable” substitute—

“(6A)

The power conferred by this section is exercisable”.

(3)

After subsection (6A) insert—

“(6B)

The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant 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, a relevant nationality enactment.”.

(4)

After subsection (7) insert—

“(8)

Relevant nationality enactment” means any enactment in—

(a)

the British Nationality Act 1981,

(b)

the Hong Kong Act 1985,

(c)

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

(d)

the British Nationality (Hong Kong) Act 1997,

(e)

the British Overseas Territories Act 2002, or

(f)

an instrument made under any of those Acts.”.