The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013

PART 1 GENERAL

Citation and commencement

1.  This Order may be cited as the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 and shall come into force on the day after the day on which it is made.

Interpretation

2.—(1) In this Order—

“the Act” means the Police and Criminal Evidence Act 1984(1);

“the customs and excise Acts” has the meaning given to it by section 1 of the Customs and Excise Management Act 1979(2);

“customs office” means premises wholly or partly occupied by designated customs officials;

“function” means any power or duty (including a power or duty that is ancillary to another power or duty);

“immigration officer” means a person appointed as an immigration officer by the Secretary of State under paragraph 1 of Schedule 2 to the Immigration Act 1971(3);

“immigration or nationality matter” is a matter in relation to which an immigration officer exercises functions relating to immigration or nationality or in relation to which the Secretary of State has functions relating to immigration or nationality;

“office of Revenue and Customs” means premises wholly or partly occupied by Her Majesty’s Revenue and Customs;

(2) A person is in customs detention for the purposes of this Order if—

(a) the person has been taken to a customs office after being arrested for an offence; or

(b) the person is arrested at a customs office,

and is detained there or detained elsewhere in the charge of a designated customs official.

(3) A person is in Revenue and Customs detention for the purposes of this Order if—

(a) the person has been taken to an office of Revenue and Customs after being arrested for an offence; or

(b) the person is arrested at an office of Revenue and Customs,

and is detained there or detained elsewhere in the charge of an officer of Revenue and Customs.

(1)

1984 c. 60.

(2)

1979 c. 2. Section 1 was amended by the Finance (No 2) Act 1992 (c.48), section 82, Schedule 18, Part 3. There are further amendments to section 1 of this Act, which are not relevant to this Order.

(3)

1971 c. 77 to which there are amendments not relevant to this Order.