Crime and Courts Act 2013

Police Act 1997 U.K.

1 U.K. The Police Act 1997 is amended as follows.

Commencement Information

I1 Sch. 21 para. 1 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)

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

(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.”.

Commencement Information

I2 Sch. 21 para. 2 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)

3 U.K. In section 94 (authorisations given in absence of authorising officer), in subsection (2), after paragraph (f) insert—

“(fa) where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;”.

Commencement Information

I3 Sch. 21 para. 3 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)

F1 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 21 para. 4 repealed (30.8.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 2(1)(h)(ii) (with reg. 2(2))