Legalize / United Kingdom / Public General Act

Immigration Act 1971

Type Public General Act

Publication 1971-10-28

Last updated 2025-12-02

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

[^M_F_bde6535b-061a-4275-d509-ddc3e0375c5c]: Words in Sch. 4A para. 1(2) inserted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 10(2); S.I. 2023/283, reg. 3(b)

[^key-6995f1f26fe9726eea83439eb1c9d614]: Words in Sch. 2 para. 2(1) substituted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 9(2)(a); S.I. 2023/283, reg. 3(b)

[^key-ecbddf91926fbfcd38877d1275e3aed4]: Sch. 2 para. 2(1A)(1B) inserted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 9(2)(b); S.I. 2023/283, reg. 3(b)

[^M_F_4aae6ec3-6b1a-4d53-8a50-453264f515f3]: Words in Sch. 4A para. 3(1)(a) substituted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 10(4); S.I. 2023/283, reg. 3(b)

[^M_F_d34b44a9-af5a-48ec-f77a-6f955babd740]: Words in Sch. 4A para. 4(1) substituted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 10(5); S.I. 2023/283, reg. 3(b)

[^M_F_450175a4-16b5-43b5-c0fc-8ffd47202337]: Words in Sch. 4A para. 12(2) inserted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 10(6); S.I. 2023/283, reg. 3(b)

[^M_F_fd0fe7b8-b1a0-4842-c6ad-e9d0e421d8d9]: Words in Sch. 4A para. 23(2) inserted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 10(10); S.I. 2023/283, reg. 3(b)

[^key-29d719534c4e600c13c7116d19fee0b6]: Words in Sch. 4A para. 25(1)(a) substituted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 10(12); S.I. 2023/283, reg. 3(b)

[^key-c5dc4029f26d833c5b36439c93afa96b]: Words in Sch. 4A para. 26(1) substituted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 10(13); S.I. 2023/283, reg. 3(b)

[^key-690562d8fdafffa2b6535c8020ab278b]: Sch. 2 para. 16(2C)-(2P) inserted (20.7.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 11(2), 68(1)(4)(d) (with s. 55(9))

[^key-63ffed8cac804fa5fbee0e71a450891b]: Sch. 2 paras. 17-18A applied by S.I. 2016/1052, reg. 32(6) (as amended (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(6), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)

[^key-fdc018b994d06f83c9a54ea35f5debfe]: Sch. 2 para. 17A inserted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(1)(b), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)

[^key-27a5e00e3451c21a629e7ca6d038ce44]: Sch. 2 para. 16(5) inserted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(1)(a), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)

[^key-d6d419f23be6dd9c22ceab8f394753aa]: Sch. 3 para. 2(3A)-(3E) inserted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(2)(a), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)

[^key-ecb3d527d43f16b299ae3039b0300ff6]: Words in Sch. 3 para. 2(4) substituted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(2)(b), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)

[^key-4121f8f9d3f062d63713ec408438082e]: S. 8B(1)-(3): power to modify conferred (14.12.2023) by The Iran (Sanctions) Regulations 2023 (S.I. 2023/1314), regs. 1(2), 67 (with regs. 98-100)

[^key-8353cfe0bef9fbec24cdf47ac841f3fc]: S. 8B(1)-(3): power to modify conferred (5.6.2024) by S.I. 2019/577, reg. 20B (as inserted by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/644), regs. 1(2), 8(8))

[^M_F_64bee0f0-afa0-41f7-9a49-d6762de16897]: S. 88AA omitted and treated as never having been in force (retrospectively) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 41(2), 42(1)(b), 65(3)(a)

[^key-b97536000995828a47c4969e471807b9]: S. 36: power extended (2.12.2025) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 64(5)(6)(a), 65(3)(d)

[^key-5c74c69214da52c992403872a48bc006]: S. 8(1)(d) and word omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(1)(a), 65(3)(a)

[^key-e558ff5be1bfa03ffc6c40aa3378581f]: Word in Sch. 2 para. 17A(2) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(1)(c)(i), 65(3)(a)

[^key-30cf79449d8623690fb0e1ac9e45b431]: Sch. 2 para. 17A(3)(d) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(1)(c)(ii), 65(3)(a)

[^key-8c564e4128bc8b3e624c090829e2523d]: Sch. 3 para. 2(2)(2A) substituted for Sch. 3 para. 2(2) (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(2), 65(3)(b)

[^key-56dbb885415da4589ecb07b501f7bc23]: Words in Sch. 3 para. 2(3A) substituted (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(3), 65(3)(b)

[^key-7ef2953a7818c4b94ea5b6e5ccb6b8ca]: Words in Sch. 3 para. 2(3B) inserted (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(4), 65(3)(b)

[^key-62fc2819fe2cdb5d14e565ec7073aada]: Words in Sch. 3 para. 2(3D) inserted (with effect retrospectively in accordance with s. 44(17) of the amending Act) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 44(5), 65(3)(b)

General principles.

Financial support for organisations helping persons with rights of appeal.

Deception.

Offences by persons connected with ships or aircraft or with ports.

Possession of immigration stamp

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Business premises: entry to arrest

Search and arrest without warrant.

Offences by persons connected with ships or aircraft or with ports.

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Entry and search of premises.

Irish citizens

Financial support for organisations helping persons with rights of appeal.

Illegal entry and similar offences.

Financial support for organisations helping persons with rights of appeal.

Search and arrest by warrant.

Offences by persons connected with ships or aircraft or with ports.

Proceedings.

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Search for personnel records: with warrant

Exceptions for seamen, aircrews and other special cases.

Financial support for organisations helping persons with rights of appeal.

Search and arrest by warrant.

Helping asylum-seeker to enter United Kingdom

Search and arrest by warrant.

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Interpretation of Part III.

Financial support for organisations helping persons with rights of appeal.

Deception.

Helping asylum-seeker to enter United Kingdom

25D

(1) If a person has been arrested for an offence under section 25 or 25A, a senior officer or a constable may detain a relevant ship, aircraft or vehicle—

(a) until a decision is taken as to whether or not to charge the arrested person with that offence; or

(b) if the arrested person has been charged—

(i) until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

(ii) if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle.

(2) A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or constable concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 25C.

(3) A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that—

(a) he owns the ship, aircraft or vehicle,

(b) he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or

(4) The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if—

(a) the arrested person is convicted; and

(b) an order for its forfeiture is made under section 25C.

(5) In the application to Scotland of subsection (1), for paragraphs (a) and (b) substitute—

(a) until a decision is taken as to whether or not to institute criminal proceedings against the arrested person for that offence; or (b) if criminal proceedings have been instituted against the arrested person— (i) until he is acquitted or, under section 65 or 147 of the Criminal Procedure (Scotland) Act 1995, discharged or liberated or the trial diet is deserted simpliciter; (ii) if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle, and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service on him of an indictment or complaint.

(6) “Court” means—

(a) in England and Wales—

(ia) if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

(iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;

(b) in Scotland, the sheriff; and

(i) if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

(iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.

Possession of immigration stamp

Helping asylum-seeker to enter United Kingdom

Forfeiture of vehicle, ship or aircraft

Assisting entry to United Kingdom in breach of deportation or exclusion order

Search and arrest without warrant.

Searching arrested persons.

Searching persons in police custody.

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Commencement, and interim provisions.

Return of mental patients.

Searching arrested persons.

Interpretation of Part III.

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Short title and extent.

Procedure for, and further provisions as to, deportation.

Further provisions as to common travel area.

Financial support for organisations helping persons with rights of appeal.

Assisting entry to United Kingdom in breach of deportation or exclusion order

Facilitation offences: application to rescuers

Proceedings.

Entry and search of premises following arrest under section 25, 25A, or 25B.

Searching persons in police custody.

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Commencement, and interim provisions.

Entry and search of premises.

Power to stop, board, divert and detain

Commencement, and interim provisions.

Short title and extent.

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Short title and extent.

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Appeals against exclusion from United Kingdom.

Entry and search of premises.

Searching arrested persons.

Repeal, transitional and temporary.

Short title and extent.

Contributions for expenses of persons returning abroad.

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Short title and extent.

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Helping asylum-seeker to enter United Kingdom

Assisting entry to United Kingdom in breach of deportation or exclusion order

Return of mental patients.

Repeal, transitional and temporary.

Contributions for expenses of persons returning abroad.

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Possession of immigration stamp

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Repeal, transitional and temporary.

Search for personnel records: with warrant

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Enforcement powers in relation to ships: England and Wales

Designated persons

5A

(1) In this Schedule “designated person” means a person designated by the Secretary of State for the purposes of this Schedule.

(2) A designation under this paragraph is subject to such limitations as may be specified in the designation.

(3) A limitation under sub-paragraph (2) may, in particular, relate to the functions that are exercisable by virtue of the designation (and, accordingly, the exercise of functions under this Schedule by a designated person is subject to any such limitations specified in the person's designation).

(4) A designation under this paragraph—

(a) may be permanent or for a specified period,

(b) may (in either case) be withdrawn, and

(5) The power to designate, or to withdraw or vary a designation, is exercised by the Secretary of State giving notice to the person in question.

(6) The Secretary of State may designate a person under this paragraph only if the Secretary of State is satisfied that the person—

(a) is capable of effectively carrying out the functions that are exercisable by virtue of the designation,

(b) has received adequate training in respect of the exercise of those functions, and

Directions to carriers and operators of ports etc

5B

(1) The Secretary of State may direct—

(a) an owner or agent of a ship or aircraft, or

(b) a person concerned in the management of a port,

to make arrangements for designated persons to exercise a specified function, or a function of a specified description, in relation to persons of a specified description.

(2) A direction under this paragraph must specify—

(a) the port where, and

(b) the date (or dates) and time (or times) when,

a function is to be exercised under the arrangements.

(3) A direction under this paragraph must be in writing.

(4) A direction under this paragraph may specify a description of persons by reference, in particular, to—

(a) the destination to which persons are travelling;

(b) the route by which persons are travelling;

(5) In this paragraph—

“function” means a function under this Schedule;

“specified” means specified in a direction under this paragraph.

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.

18B

(1) Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where—

(a) the child is being transferred to or from a short-term holding facility, or

(b) sub-paragraph (3) of paragraph 18 applies.

(2) An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met.

(3) The first condition is that—

(a) directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or

(b) a decision on whether or not to give directions is likely to result in such directions.

(4) The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions.

(5) An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended.

(6) An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph.

(7) In this paragraph—

“relevant 24 hour period”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the child was detained (or, in a case falling within sub-paragraph (5), first detained) in a short-term holding facility;

“short-term holding facility” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;

“unaccompanied child” means a person—who is under the age of 18, andwho is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.

Persons ceasing to be exempt.

Appeals against exclusion from United Kingdom.

Helping asylum-seeker to enter United Kingdom

Searching persons in police custody.

33A

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27BA

(1) The Secretary of State may make regulations requiring responsible persons in respect of ships or aircraft—

(a) which have arrived, or are expected to arrive, in the United Kingdom, or

(b) which have left, or are expected to leave, the United Kingdom,

to supply information to the Secretary of State or an immigration officer.

(1A) The Secretary of State may also make regulations requiring responsible persons in respect of ships or aircraft—

(a) which have offshore workers on board, and

(b) which—

(i) have arrived, or are expected to arrive, in United Kingdom waters, or

(ii) have left, or are expected to leave, United Kingdom waters,

to supply information to the Secretary of State or an immigration officer.

(2) The following information may be required under sub-paragraph (1) or (1A) —

(a) information about the persons on board;

(b) information about the voyage or flight.

(3) The regulations must—

(a) specify or describe the classes of ships or aircraft to which they apply;

(b) specify the information required to be supplied;

(d) specify the form and manner in which the information must be supplied.

(4) The regulations may require responsible persons to be able to receive, in a specified form and manner, communications sent by the Secretary of State or an immigration officer relating to the information.

(5) For the purposes of this paragraph, the following are responsible persons in respect of a ship or aircraft—

(a) the owner or agent, and

(b) the captain.

(5A) For the purposes of this paragraph, “offshore workers” and “United Kingdom waters” have the same meaning as in section 11A.

(6) Regulations under this paragraph may make different provision for different purposes, and in particular may make different provision for different types of carrier, journey or person on board.

(7) The power to make regulations under this paragraph is exercisable by statutory instrument; but no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

27BB

(1) The Secretary of State may make regulations imposing penalties for failure to comply with—

(a) an order under paragraph 27(2) (order requiring passenger list or particulars of member of crew),

(b) any request or requirement under paragraph 27B (passenger and service information), or

(2) Regulations under sub-paragraph (1) may in particular make provision—

(a) about how a penalty is to be calculated;

(b) about the procedure for imposing a penalty;

(d) allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different purposes.

(3) Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.

(4) The regulations must provide that no penalty may be imposed on a person for failure to comply with an order under paragraph 27(2), a request or requirement under paragraph 27B or regulations under paragraph 27BA where—

(a) proceedings have been instituted against the person under section 27 in respect of the same failure; or

(b) the failure consists of a failure to provide information that the person has also been required to provide under section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 and—

(i) a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 32B of that Act, or

(ii) proceedings have been instituted against the person under section 34 of that Act in respect of a failure to provide that information; or

(c) the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 24 of that Act.

(5) Any penalty paid by virtue of this paragraph must be paid into the Consolidated Fund.

(6) The power to make regulations under this paragraph is exercisable by statutory instrument; but no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

Appeals against exclusion from United Kingdom.

24B

(1) A person (“P”) who is subject to immigration control commits an offence if—

(a) P works at a time when P is disqualified from working by reason of P's immigration status, and

(b) at that time P knows or has reasonable cause to believe that P is disqualified from working by reason of P's immigration status.

(2) For the purposes of subsection (1) a person is disqualified from working by reason of the person's immigration status if—

(a) the person has not been granted leave to enter or remain in the United Kingdom, or

(b) the person's leave to enter or remain in the United Kingdom—

(i) is invalid,

(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or

(iii) is subject to a condition preventing the person from doing work of that kind.

(3) A person who is guilty of an offence under subsection (1) is liable on summary conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both,

(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.

(4) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months.

(5) If a person is convicted of an offence under subsection (1) in England and Wales, the prosecutor must consider whether to ask the court to commit the person to the Crown Court under section 70 of the Proceeds of Crime Act 2002 (committal with view to confiscation order being considered).

(6) If a person is convicted of an offence under subsection (1) in Scotland, the prosecutor must consider whether to ask the court to act under section 92 of the Proceeds of Crime Act 2002 (making of confiscation order).

(7) If a person is convicted of an offence under subsection (1) in Northern Ireland, the prosecutor must consider whether to ask the court to commit the person to the Crown Court under section 218 of the Proceeds of Crime Act 2002 (committal with view to confiscation order being considered).

(8) The reference in subsection (1) to a person who is subject to immigration control is to a person who under this Act requires leave to enter or remain in the United Kingdom.

(9) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

(a) the person is to be treated for the purposes of subsection (2) as if the person had been granted leave to enter the United Kingdom, but

(b) any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.

(10) The reference in subsection (1) to a person working is to that person working—

(a) under a contract of employment,

(b) under a contract of apprenticeship,

(d) under or for the purposes of a contract for services,

(e) for a purpose related to a contract to sell goods,

(f) as a constable,

(g) in the course of Crown employment,

(h) as a relevant member of the House of Commons staff, or

(i) as a relevant member of the House of Lords staff.

(11) In subsection (10)—

“contract to sell goods” means a contract by which a person acting in the course of a trade, business, craft or profession transfers or agrees to transfer the property in goods to another person (and for this purpose “goods” means any tangible moveable items);

“Crown employment”—in relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996;in relation to Northern Ireland, has the meaning given by Article 236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16));

“relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996;

“relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996.

(12) Subsection (1) does not apply to—

(a) service as a member of the naval, military or air forces of the Crown, or

(b) employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996.

(13) In this section “contract” means a contract whether express or implied and, if express, whether oral or in writing.

28ZI

(1) This section applies to anything seized by an immigration officer under this Part for the purposes of the investigation of an offence or on the basis that it may be evidence relating to an offence.

(2) Anything seized as mentioned in subsection (1) may be retained so long as is necessary in all the circumstances and in particular—

(a) may be retained, except as provided for by subsection (3)—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with an offence, and

(b) may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

(3) Nothing may be retained for a purpose mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.

Enforcement powers in relation to ships: England and Wales

PART 3A — Maritime enforcement

28M

(1) An English and Welsh constable may exercise the powers set out in Part 1 of Schedule 4A (“Part 1 powers”) in relation to any of the following in England and Wales waters—

(a) a United Kingdom ship;

(b) a ship without nationality;

(d) a ship registered under the law of a relevant territory.

(2) But Part 1 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or prosecuting an offence under

(i) section 24B, 25, or 25A, or

(ii) section 21 of the Immigration, Asylum and Nationality Act 2006, and

(b) in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before ... an English and Welsh constable ... may exercise Part 1 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

(4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 1 powers in relation to the ship.

28N

(1) A Scottish constable may exercise the powers set out in Part 2 of Schedule 4A (“Part 2 powers”) in relation to any of the following in Scotland waters—

(a) a United Kingdom ship;

(b) a ship without nationality;

(d) a ship registered under the law of a relevant territory.

(2) But Part 2 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or prosecuting an offence under

(i) section 24B, 25 or 25A, or

(ii) section 21 of the Immigration, Asylum and Nationality Act 2006, and

(b) in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before ... a Scottish constable ... may exercise Part 2 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

(4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 2 powers in relation to the ship.

28O

(1) A Northern Ireland constable may exercise the powers set out in Part 3 of Schedule 4A (“Part 3 powers”) in relation to any of the following in Northern Ireland waters—

(a) a United Kingdom ship;

(b) a ship without nationality;

(d) a ship registered under the law of a relevant territory.

(2) But Part 3 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or prosecuting an offence under

(i) section 24B, 25 or 25A, or

(ii) section 21 of the Immigration, Asylum and Nationality Act 2006, and

(b) in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before ... a Northern Ireland constable ... may exercise Part 3 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

(4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 3 powers in relation to the ship.

28P

(1) An English and Welsh constable may exercise Part 1 powers in relation to a ship in Scotland waters or in Northern Ireland waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in England and Wales waters, and

(2) Part 1 powers may be exercised under subsection (1) only—

(a) for the purpose mentioned in subsection (2)(a) of section 28M, and

(b) (if relevant) in accordance with subsections (3) and (4) of that section.

(3) A Scottish constable may exercise Part 2 powers in relation to a ship in England and Wales waters or in Northern Ireland waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in Scotland waters, and

(4) Part 2 powers may be exercised under subsection (3) only—

(a) for the purpose mentioned in subsection (2)(a) of section 28N, and

(b) (if relevant) in accordance with subsections (3) and (4) of that section.

(5) A Northern Ireland constable may exercise Part 3 powers in relation to a ship in England and Wales waters or in Scotland waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in Northern Ireland waters, and

(6) Part 3 powers may be exercised under subsection (5) only—

(a) for the purpose mentioned in subsection (2)(a) of section 28O, and

(b) (if relevant) in accordance with subsections (3) and (4) of that section.

(7) The condition referred to in subsection (1)(c), (3)(c) and (5)(c) is that—

(a) before the pursuit of the ship, a signal is given for it to stop, and

(b) the pursuit of the ship is not interrupted.

(8) The signal referred to in subsection (7)(a) must be given in such a way as to be audible or visible from the ship.

(9) For the purposes of subsection (7)(b), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(10) Nothing in this Part affects any other legal right of hot pursuit that a constable ... may have.

28Q

(1) In this Part—

“the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;

“enforcement officer” means—a person who is a commissioned officer of any of Her Majesty's ships, ora person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;

“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;

“English and Welsh constable” means only a person who is—a member of a police force in England and Wales,a member of the British Transport Police Force, ora port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964;

“foreign ship” means a ship which—is registered in a State other than the United Kingdom, oris not so registered but is entitled to fly the flag of a State other than the United Kingdom;

“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or any State other than the United Kingdom;

“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;

“Northern Ireland constable” means only a person who is—a member of the Police Service of Northern Ireland,a member of the Police Service of Northern Ireland Reserve, ora person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847;

“Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;

“Part A1 powers” means the powers set out in Part A1 of Schedule 4A;

“Part 1 powers” means the powers set out in Part 1 of Schedule 4A;

“Part 2 powers” means the powers set out in Part 2 of that Schedule;

“Part 3 powers” means the powers set out in Part 3 of that Schedule;

“relevant offence” means—an offence under section 24(A1), (B1), (D1) or (E1), 24B, 25 or 25A,an offence under section 25B to the extent that the section continues to apply by virtue of regulation 5(7) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309),an offence under section 21 of the Immigration, Asylum and Nationality Act 2006, oran offence under section 1 of the Criminal Attempts Act 1981 or Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)), or in Scotland at common law, of attempting to commit an offence mentioned in paragraph (a) to (c);”, and

“relevant territory” means—the Isle of Man;any of the Channel Islands;a British overseas territory;

“Scottish constable” means only a person who is a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);

“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;

“ship” includes—every description of vessel (including a hovercraft), andany other structure (whether with or without means of propulsion) constructed or used to carry persons, goods, plant or machinery by water;

“ship without nationality” means a ship which—is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, orsails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;

“United Kingdom ship” means a ship which—is registered under Part 2 of the Merchant Shipping Act 1995,is a Government ship within the meaning of that Act,is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, oris registered under an Order in Council under section 1 of the Hovercraft Act 1968.

“United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea;

(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—

(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,

(b) an individual who is habitually resident in the United Kingdom, or

(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

Short title and extent.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Search of premises in connection with removal

15A

(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.

SCHEDULE 4A

PART 1 — England and Wales

Introductory

1

(1) This Part of this Schedule sets out the powers exercisable by ... English and Welsh constables ... (referred to in this Part of this Schedule as “relevant officers”) under sections 28M and 28P(1).

(2) In this Part of this Schedule—

“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;

“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

2

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that—

(a) an offence under section 24B, 25 or 25A of this Act or section 21 of the 2006 Act is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) board the ship;

(3) The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any ship detained under this paragraph.

(5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.

Power to search and obtain information

3

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a) to an offence under section 24B, 25, 25A or 25B of this Act or section 21 of the 2006 Act, or

(b) to an offence that is connected with an offence under any of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

(3) The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege);

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

(8) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Power of arrest and seizure

4

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 24B, 25, 25A or 25B of this Act or section 21 of the 2006 Act has been, or is being, committed on the ship.

(2) The relevant officer may arrest without warrant anyone whom the ... officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the ... officer has reasonable grounds to believe to be an item subject to legal privilege).

(4) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Protective searches of persons

5

(1) A relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(2) The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and

(b) only to the extent that it is reasonably required for the purpose of discovering any such thing.

(3) The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.

(5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.

(6) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Search for nationality documents

6

(1) A relevant officer may require a person found on the ship to produce a nationality document.

(2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and

(b) only to the extent that it is reasonably required for the purpose of discovering any such document.

(4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 2.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A nationality document that has been seized and retained by a relevant officer must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.

(7) The power conferred by this paragraph to search a person does not authorise a relevant officer to—

(a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or

(b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.

(8) In this paragraph a “nationality document”, in relation to a person, means any document which might—

(a) establish the person's identity, nationality or citizenship, or

(b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.

(9) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Assistants

7

(1) A relevant officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer's supervision.

Reasonable force

8

A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

9

A relevant officer must produce evidence of the officer's authority if asked to do so.

Protection of relevant officers

10

A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

11

(1) A person commits an offence under the law of England and Wales if the person—

(a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of England and Wales if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.

(5) In the application of sub-paragraph (4) in relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks is to be read as a reference to 6 months.

PART 2 — Scotland

Introductory

12

(1) This Part of this Schedule sets out the powers exercisable by ... Scottish constables ... (referred to in this Part of this Schedule as “relevant officers”) under sections 28N and 28P(3).

(2) In this Part of this Schedule—

“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;

“items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);

“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

13

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that—

(a) an offence under section 24B, 25 or 25A of this Act or section 21 of the 2006 Act is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) board the ship;

(3) The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any ship detained under this paragraph.

(5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.

Power to search and obtain information

14

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a) to an offence under section 24B, 25 or 25A of this Act or section 21 of the 2006 Act, or

(b) to an offence that is connected with an offence under any of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

(3) The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the relevant officer has reasonable grounds to believe to be an item subject to legal privilege);

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

(8) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Power of arrest and seizure

15

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 24B, 25 or 25A of this Act or section 21 of the 2006 Act has been, or is being, committed on the ship.

(2) The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the officer has reasonable grounds to believe to be an item subject to legal privilege).

(4) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Protective searches of persons

16

(1) The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(2) The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and

(b) only to the extent that it is reasonably required for the purpose of discovering any such thing.

(3) The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.

(5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.

(6) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Search for nationality documents

17

(1) The relevant officer may require a person found on the ship to produce a nationality document.

(2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and

(b) only to the extent that it is reasonably required for the purpose of discovering any such document.

(4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 13.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A nationality document that has been seized and retained by a relevant officer must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.

(7) The power conferred by this paragraph to search a person does not authorise a relevant officer to—

(a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or

(b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.

(8) In this paragraph a “nationality document”, in relation to a person, means any document which might—

(a) establish the person's identity, nationality or citizenship, or

(b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.

(9) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Assistants

18

(1) A relevant officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Part of this Schedule.

(2) A person accompanying a relevant officer under sub-paragraph (1) may perform any of the officer's functions under this Part of this Schedule, but only under the officer‘s supervision.

Reasonable force

19

A relevant officer may use reasonable force, if necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

20

A relevant officer must produce evidence of the officer's authority if asked to do so.

Protection of relevant officers

21

A relevant officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

22

(1) A person commits an offence under the law of Scotland if the person—

(a) intentionally obstructs a relevant officer in the performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made by a relevant officer in the performance of those functions.

(2) A person who provides information in response to a requirement made by a relevant officer in the performance of functions under this Part of this Schedule commits an offence under the law of Scotland if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 5 on the standard scale or to both.

PART 3 — Northern Ireland

Introductory

23

(1) This Part of this Schedule sets out the powers exercisable by ... Northern Ireland constables ... (referred to in this Part of this Schedule as “relevant officers”) under sections 28O and 28P(5).

(2) In this Part of this Schedule—

“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;

“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (see Article 12 of that Order);

“the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

24

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that—

(a) an offence under section 24B, 25 or 25A of this Act or section 21 of the 2006 Act is being, or has been, committed on the ship, or

(b) the ship is otherwise being used in connection with the commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) board the ship;

(3) The relevant officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any ship detained under this paragraph.

(5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a relevant officer.

Power to search and obtain information

25

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—

(a) to an offence under section 24B, 25 or 25A of this Act or section 21 of the 2006 Act, or

(b) to an offence that is connected with an offence under any of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

(3) The relevant officer may require a person on the ship to give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a relevant officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the officer has reasonable grounds to believe to be an item subject to legal privilege);

(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).

(8) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Power of arrest and seizure

26

(1) This paragraph applies if a relevant officer has reasonable grounds to suspect that an offence under section 24B, 25 or 25A of this Act or section 21 of the 2006 Act has been, or is being, committed on the ship.

(2) The relevant officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The relevant officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence (but not including anything that the ... officer has reasonable grounds to believe to be an item subject to legal privilege).

(4) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Protective searches of persons

27

(1) The relevant officer may search a person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(2) The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that anything of a kind mentioned in that sub-paragraph is concealed on the person; and

(b) only to the extent that it is reasonably required for the purpose of discovering any such thing.

(3) The relevant officer may seize and retain anything which the officer has reasonable grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(4) If the person is detained, nothing seized under sub-paragraph (3) may be retained when the person is released from detention.

(5) A power conferred by this paragraph to search a person does not authorise a relevant officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person's mouth.

(6) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Search for nationality documents

28

(1) The relevant officer may require a person found on the ship to produce a nationality document.

(2) The relevant officer may search a person found on the ship where the officer has reasonable grounds to believe that a nationality document is concealed on the person.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the officer has reasonable grounds to believe that a nationality document is concealed on the person; and

(b) only to the extent that it is reasonably required for the purpose of discovering any such document.

(4) Subject as follows, the officer may seize and retain a nationality document for as long as the officer believes the person to whom it relates will arrive in the United Kingdom by virtue of the exercise of the power in paragraph 24.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A nationality document that has been seized and retained by a relevant officer must be passed to an immigration officer as soon as is practicable after the ship has arrived in the United Kingdom.

(7) The power conferred by this paragraph to search a person does not authorise a relevant officer to—

(a) require the person to remove any clothing in public other than an outer coat, jacket or gloves, or

(b) seize and retain any document the officer has reasonable grounds to believe to be an item subject to legal privilege.

(8) In this paragraph a “nationality document”, in relation to a person, means any document which might—

(a) establish the person's identity, nationality or citizenship, or

(b) indicate the place from which the person has travelled to the United Kingdom or to which the person is proposing to go.

(9) A power conferred by this paragraph may be exercised on the ship or elsewhere.

Assistants

29

(1) A relevant officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

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