PART 4Enforcement and offences
Enforcement of requirement to isolateF113
1
Where an authorised person has reasonable grounds to believe that a person (“P”) has left, or is outside of, the place where P is isolating in contravention of regulation 7(3) or 8(3)(b) the authorised person may—
a
direct P to return to the premises where P is residing;
b
where the authorised person is a constable, remove P to the premises where P is residing;
c
where the authorised person is a constable and it is not practicable or appropriate in the circumstances to take the action in sub-paragraph (a) or (b), remove P to premises secured by the Welsh Ministers which are suitable for P to reside in for the purposes of regulation 7(3) or 8(3)(b).
2
Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 12E(3A), an authorised person may do any of the following for the purpose of ensuring that P complies with a requirement in regulations 7 and 8—
a
give a direction to P, including a direction—
i
that P remain in a particular area of a port to await transportation to a specified premises;
ii
that P move to a particular place to board transportation to a specified premises;
iii
that P board transportation to travel to specified premises;
iv
that P remain in the premises where P is residing;
b
remove P to a specified premises.
3
Where an authorised person has reasonable grounds to believe that P is a person who falls within regulation 12E(3A) and that P has committed an offence under regulation 14(1)(g), the authorised person may—
a
require P to produce their passport or travel document for examination,
b
detain P for up to three hours,
c
search P and any baggage belonging to P or under P’s control, or any vehicle in which P has travelled, for evidence, other than items subject to legal privilege, that relates to the possible commission of an offence under regulation 14(1)(g), and
d
seize and retain any document or article recovered by a search under sub-paragraph (c).
4
Paragraph (3) does not confer a power to detain or search an unaccompanied child.
5
Any search under paragraph (3) must be conducted by an authorised person of the same gender as P.
6
Paragraph (3) does not confer a power to conduct an intimate search.
7
An authorised person exercising the power in paragraph (1)(b) or (c), (2)(b) or (3) may use reasonable force, if necessary, in the exercise of the power.
8
Where P is a child, and has left or is outside of, the premises where they are residing and is accompanied by an individual who has responsibility for them—
a
an authorised person may direct that individual to take P to the premises where P is residing, and
b
that individual must, so far as reasonably practicable, ensure that P complies with any direction given by an authorised person to P.
9
Where P is a child, and an authorised person has reasonable grounds to believe that P is repeatedly failing to comply with a requirement in regulation 7 or 8, the authorised person may direct any individual who has responsibility for P to ensure, so far as reasonably practicable, that P so complies.
10
An authorised person may take such other action as the authorised person considers necessary and proportionate to facilitate the exercise of a power conferred on the authorised person by this regulation.
11
An authorised person may only exercise a power conferred on the authorised person by this regulation if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with a requirement in regulation 7 or 8.
12
For the purposes of this regulation—
“authorised person” (“person awdurdodedig”) means—
- a
a constable, or
- b
for the purposes of paragraphs (2), (3) and (10) only, an immigration officer;
- a
“specified premises” (“mangre benodedig”) means a premises specified under regulation 7 or a premises deemed suitable under regulation 8.