2(1)In Schedule 2 to the Immigration Act 1971, after paragraph 18 insert—U.K.
“18A(1)An immigration officer or constable may search a person (“P”) who is detained under paragraph 16 for anything which P might use—
(a)to cause physical injury to P or others, or
(b)to assist P's escape from legal custody.
(2)The power to search P—
(a)unless sub-paragraph (3) applies, does not include power to require P to remove any clothing other than an outer coat, jacket or glove, but
(b)includes power to require P to open P's mouth.
(3)This sub-paragraph applies if an immigration officer or constable has reasonable grounds to believe that there is concealed on P anything which P might use as mentioned in sub-paragraph (1).
(4)The power to search P may be exercised only to the extent reasonably required for the purpose of discovering anything which P might use as mentioned in sub-paragraph (1).
(5)An intimate search (as defined in section 28H(11)) may not be conducted under this paragraph.
(6)An immigration officer or constable may seize and retain anything found on a search of P if the officer or constable has reasonable grounds to believe P might use it as mentioned in sub-paragraph (1).
(7)Nothing seized under sub-paragraph (6) may be retained when P is released from detention under paragraph 16.”
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In section 10(7) of the Immigration and Asylum Act 1999 (which applies certain provisions of Schedule 2 to the Immigration Act 1971), for “18” substitute “ 18A ”.
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In regulation 22(2) of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) (which applies certain provisions of Schedule 2 to the Immigration Act 1971), for “18” substitute “ 18A ”.
Textual Amendments
F1Sch. 1 para. 2(3) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F2Sch. 1 para. 2(4) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
Commencement Information
I1Sch. 1 para. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)