PART 3Enforcement
Powers of immigration officers etc
I146Powers in connection with examination, detention and removal
1
Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.
2
In paragraph 2(1) (examination by immigration officers) at the end of paragraph (c) insert
; and
d
whether, if he has been given leave which is still in force, his leave should be curtailed.
3
After paragraph 15 insert—
15ASearch of premises in connection with removal
1
This paragraph applies if—
a
an immigration officer is lawfully on any premises, and
b
a person who is liable to be detained under paragraph 16(2) is on the premises.
2
The immigration officer may search the premises for documents which—
a
relate to the person, and
b
may be evidence for a ground on which the person's leave to enter or remain in the United Kingdom may be curtailed.
3
The power may be exercised—
a
only if the immigration officer has reasonable grounds for believing there are documents within sub-paragraph (2) on the premises, and
b
only to the extent that it is reasonably required for the purpose of discovering such documents.
4
An immigration officer searching premises under this paragraph may seize any document the officer finds which the officer has reasonable grounds for believing is a document within sub-paragraph (2).
5
Sub-paragraph (6) applies where—
a
an immigration officer is searching premises under this paragraph, and
b
any document the officer has reasonable grounds for believing is a document within sub-paragraph (2) is stored in any electronic form and is accessible from the premises.
6
The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
7
If a requirement under sub-paragraph (6) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the immigration officer may seize the device or medium on which it is stored.
8
But sub-paragraphs (4) to (7) do not apply to a document which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.
9
An immigration officer may retain a document seized under this paragraph while—
a
the person to whom the document relates is liable to be detained under paragraph 16(2), and
b
the document falls within sub-paragraph (2)(b).
10
But a document may not be retained for the purpose mentioned in sub-paragraph (9) if a photograph or copy would be sufficient for that purpose.
4
In paragraph 25A (entry and search of premises where person arrested or detained under Schedule 2)—
a
after sub-paragraph (7) insert—
7A
Sub-paragraph (7B) applies where—
a
an officer is searching premises under this paragraph, and
b
any document the officer has reasonable grounds for believing is a relevant document is stored in any electronic form and is accessible from the premises.
7B
The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
7C
If a requirement under sub-paragraph (7B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.
b
in sub-paragraph (8) for “sub-paragraph (7)(a) does” substitute “
sub-paragraphs (7) to (7C) do
”
, and
c
in sub-paragraph (8A) for “sub-paragraph (7)” substitute “
this paragraph
”
.
5
In paragraph 25B (search of person arrested under Schedule 2) after sub-paragraph (8) insert—
8A
Sub-paragraph (8B) applies where—
a
an officer is searching a person under this paragraph, and
b
any document the officer has reasonable grounds for believing is a document within sub-paragraph (3)(b) is stored in any electronic form on a device or medium found on the person.
8B
The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
8C
If a requirement under sub-paragraph (8B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.
8D
Sub-paragraphs (8B) and (8C) do not apply to a document which the officer has reasonable grounds for believing is an item subject to legal privilege.