Immigration and Asylum Act 1999

• (5) The Secretary of State must pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 101(3)(a).

• (6) The Secretary of State may pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 101(3)(b).

• (7) In subsections (5) and (6)—

• “determined” means determined in accordance with regulations made by virtue of subsection (11)(a) of section 101, and

• “directed body” means a body to which a direction under subsection (3) of section 101 is given.

• (8) Payments under subsection (1), (2) or (3) may be made on such terms, and subject to such conditions, as the Secretary of State may determine.

• (9) “Northern Ireland authority” means—

• (a) the Executive; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1).

Grants to voluntary organisations

111

• (1) The Secretary of State may make grants of such amounts as he thinks appropriate to voluntary organisations in connection with—

• (a) the provision by them of support (of whatever nature) to persons who are, or have been, asylum-seekers and to their dependants; and

• (b) connected matters.

• (2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.

Recovery of expenditure on support: misrepresentation etc

112

• (1) This section applies if, on an application made by the Secretary of State, the court determines that—

• (a) a person (“A”) has misrepresented or failed to disclose a material fact (whether fraudulently or otherwise); and

• (b) as a consequence of the misrepresentation or failure, support has been provided under section 95 or 98 (whether or not to A).

• (2) If the support was provided by the Secretary of State, the court may order A to pay to the Secretary of State an amount representing the monetary value of the support which would not have been provided but for A’s misrepresentation or failure.

• (3) If the support was provided by another person (“B”) in accordance with arrangements made with the Secretary of State under section 95 or 98, the court may order A to pay to the Secretary of State an amount representing the payment to B which would not have been made but for A’s misrepresentation or failure.

• (4) “Court” means a county court in Northern Ireland or the county court in England and Wales or, in Scotland, the sheriff.

Recovery of expenditure on support from sponsor

113

• (1) This section applies if—

• (a) a person (“the sponsor”) has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person; and

• (b) during any period in relation to which the undertaking applies, support under section 95 is provided to or in respect of that other person.

• (2) The Secretary of State may make a complaint against the sponsor to a magistrates’ court for an order under this section.

• (3) The court—

• (a) must have regard to all the circumstances (and in particular to the sponsor’s income); and

• (b) may order him to pay to the Secretary of State such sum (weekly or otherwise) as it considers appropriate.

• (4) But such a sum is not to include any amount attributable otherwise than to support provided under section 95.

• (5) In determining—

• (a) whether to order any payments to be made in respect of support provided under section 95 for any period before the complaint was made, or

• (b) the amount of any such payments,

the court must disregard any amount by which the sponsor’s current income exceeds his income during that period.

• (6) An order under this section is enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act 1980.

• (7) In the application of this section to Scotland—

• (a) omit subsection (6);

• (b) for references to a complaint substitute references to an application; and

• (c) for references to a magistrates’ court substitute references to the sheriff.

• (8) In the application of this section to Northern Ireland, for references to a magistrates’ court substitute references to a court of summary jurisdiction and for subsection (6) substitute—

(6) An order under this section is an order to which Article 98(11) of the Magistrates’ Courts (Northern Ireland) Order 1981 applies.

Overpayments

114

• (1) Subsection (2) applies if, as a result of an error on the part of the Secretary of State, support has been provided to a person under section 95 or 98.

• (2) The Secretary of State may recover from a person who is, or has been, a supported person an amount representing the monetary value of support provided to him as a result of the error.

• (3) An amount recoverable under subsection (2) may be recovered as if it were a debt due to the Secretary of State.

• (4) The Secretary of State may by regulations make provision for other methods of recovery, including deductions from support provided under section 95.

Exclusions

Exclusion from benefits

115

• (1) No person is entitled to universal credit under Part 1 of the Welfare Reform Act 2012 or to income-based jobseeker’s allowance under the Jobseekers Act 1995 or to state pension credit under the State Pension Credit Act 2002 or to income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) or to personal independence payment or to—

• (a) attendance allowance,

• (b) severe disablement allowance,

• (c) carer’s allowance,

• (d) disability living allowance,

• (e) income support,

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) a social fund payment,

• (ha) health in pregnancy grant,

• (i) child benefit,

• (j) housing benefit, or

• (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

under the Social Security Contributions and Benefits Act 1992 while he is a person to whom this section applies.

• (2) No person in Northern Ireland is entitled to state pension credit under the State Pension Credit Act (Northern Ireland) 2002, to income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) , to universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 , to personal independence payment under Part 5 of that Order or to—

• (a) income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995, or

• (b) disability living allowance or any of the benefits mentioned in paragraphs (a) to (j) of subsection (1),

under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 while he is a person to whom this section applies.

• (3) This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.

• (4) Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.

• (5) In relation to health in pregnancy grant or child benefit, “prescribed” means prescribed by regulations made by the Treasury.

• (6) In relation to the matters mentioned in subsection (2) (except so far as it relates to health in pregnancy grant or child benefit), “prescribed” means prescribed by regulations made by the Department.

• (7) Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental powers in relation to regulations) applies to regulations made by the Secretary of State or the Treasury under subsection (3) as it applies to regulations made under that Act.

• (8) Sections 133(2), 171(2) and 172(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 apply to regulations made by the Department under subsection (3) as they apply to regulations made by the Department under that Act.

• (9) “A person subject to immigration control” means a person ... who—

• (a) requires leave to enter or remain in the United Kingdom but does not have it;

• (b) has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;

• (c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or

• (d) has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.

• (10) “Maintenance undertaking”, in relation to any person, means a written undertaking given by another person in pursuance of the immigration rules to be responsible for that person’s maintenance and accommodation.

Amendment of section 21 of the National Assistance Act 1948

116

In section 21 of the National Assistance Act 1948 (duty of local authorities to provide accommodation), after subsection (1), insert—

(1A) A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely— (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (1B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (1A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.

Other restrictions on assistance: England and Wales

117

• (1) In section 45 of the Health Services and Public Health Act 1968 (promotion by local authorities of the welfare of old people), after subsection (4), insert—

(4A) No arrangements under this section may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely— (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (4B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 161 of the Housing Act 1996 (allocation of housing accommodation only to qualifying persons), after subsection (2), insert—

(2A) Regulations may not be made under subsection (2) so as to include in a prescribed class any person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies.

• (4) In section 185 of the 1996 Act (persons from abroad not eligible for housing assistance), after subsection (2), insert—

(2A) Regulations may not be made under subsection (2) so as to include in a prescribed class any person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies.

• (5) In the 1996 Act, omit section 186 (asylum-seekers and their dependants).

• (6) In section 187(1) of the 1996 Act (provision of information by Secretary of State), in paragraph (a), for “or has become an asylum-seeker, or a dependant of an asylum-seeker” substitute “ a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies ”.

Housing authority accommodation

118

• (1) Each housing authority must secure that, so far as practicable, a tenancy of, or licence to occupy, housing accommodation provided under the accommodation provisions is not granted to a person subject to immigration control unless—

• (a) he is of a class specified in an order made by the Secretary of State; or

• (b) the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under section 4, 95 or 98.

• (2) “Housing authority” means—

• (a) in relation to England and Wales, a local housing authority within the meaning of the Housing Act 1985;

• (b) in relation to Scotland, a local authority within the meaning of the Housing (Scotland) Act 1987; and

• (c) in relation to Northern Ireland, the Executive.

• (3) “Accommodation provisions” means—

• (a) in relation to England and Wales, Part II of the Housing Act 1985;

• (b) in relation to Scotland, Part I of the Housing (Scotland) Act 1987;

• (c) in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1981.

• (4) “Licence to occupy”, in relation to Scotland, means a permission or right to occupy.

• (5) “Tenancy”, in relation to England and Wales, has the same meaning as in the Housing Act 1985.

• (6) “Person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

• (7) This section does not apply in relation to any allocation of housing to which Part VI of the Housing Act 1996 (allocation of housing accommodation) applies.

Homelessness: Scotland and Northern Ireland

119

• (1) A person subject to immigration control—

• (a) is not eligible for accommodation or assistance under the homelessness provisions, and

• (b) is to be disregarded in determining for the purposes of those provisions, whether a person falling within subsection (1A)—

• (i) is homeless or is threatened with homelessness, or

• (ii) has a priority need for accommodation,

unless he is of a class specified in an order made by the Secretary of State.

• (1A) A person falls within this subsection if the person—

• (a) falls within a class specified in an order under subsection (1); but

• (b) is not a person who, immediately before IP completion day, was—

• (i) a national of an EEA State or Switzerland, and

• (ii) within a class specified in an order under subsection (1) which had effect at that time.

• (2) An order under subsection (1) may not be made so as to include in a specified class any person to whom section 115 applies.

• (3) “The homelessness provisions” means—

• (a) in relation to Scotland, Part II of the Housing (Scotland) Act 1987; and

• (b) in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1988.

• (4) “Person subject to immigration control” has the same meaning as in section 118.

Other restrictions on assistance: Scotland

120

• (1) In section 12 of the Social Work (Scotland) Act 1968 (general social welfare services of local authorities), after subsection (2) insert—

(2A) A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely— (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (2B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.

• (2) In section 13A of that Act (provision of residential accommodation with nursing), after subsection (3) insert—

(4) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely— (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (5) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.

• (3) In section 13B of that Act (provision of care and after-care), after subsection (2) insert—

(3) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely— (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (4) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (6) In the Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).

Other restrictions on assistance: Northern Ireland

121

• (1) In Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1972 (prevention of illness, care and after-care), after paragraph (2) insert—

(3) No arrangements made under paragraph (1) may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 applies solely— (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (3A) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of paragraph (3) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in paragraph 2 of that Schedule to the Secretary of State substitute references to the Department.

• (2) In Article 15 of that Order (general social welfare), after paragraph (5) insert—

(6) Assistance may not be provided under paragraph (1) in respect of any person to whom section 115 of the Immigration and Asylum Act 1999 applies if his need for assistance has arisen solely— (a) because he is destitute, or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (7) Subsections (3) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of paragraph (6) as they apply for the purposes of that section, but for references to the Secretary of State in subsections (5) and (7) of that section and in paragraph 2 of that Schedule substitute references to the Department.

• (3) In the Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).

Support for children

122

• (1) In this section “eligible person” means a person who appears to the Secretary of State to be a person for whom support may be provided under section 95.

• (2) Subsections (3) and (4) apply if an application for support under section 95 has been made by an eligible person whose household includes a dependant under the age of 18 (“the child”).

• (3) If it appears to the Secretary of State that adequate accommodation is not being provided for the child, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, adequate accommodation for the child as part of the eligible person’s household.

• (4) If it appears to the Secretary of State that essential living needs of the child are not being met, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, essential living needs for the child as part of the eligible person’s household.

• (5) No local authority may provide assistance under any of the child welfare provisions in respect of a dependant under the age of 18, or any member of his family, at any time when—

• (a) the Secretary of State is complying with this section in relation to him; or

• (b) there are reasonable grounds for believing that—

• (i) the person concerned is a person for whom support may be provided under section 95; and

• (ii) the Secretary of State would be required to comply with this section if that person had made an application under section 95.

• (6) “Assistance” means the provision of accommodation or of any essential living needs.

• (7) “The child welfare provisions” means—

• (a) section 17 of the Children Act 1989 (local authority support for children and their families);

• (b) section 22 of the Children (Scotland) Act 1995 (equivalent provision for Scotland); and

• (c) Article 18 of the Children (Northern Ireland) Order 1995 (equivalent provision for Northern Ireland).

• (8) Subsection (9) applies if accommodation provided in the discharge of the duty imposed by subsection (3) has been withdrawn.

• (9) Only the relevant authority may provide assistance under any of the child welfare provisions in respect of the child concerned.

• (10) “Relevant authority” means—

• (a) in relation to Northern Ireland, the authority within whose area the withdrawn accommodation was provided;

• (b) in any other case, the local authority within whose area the withdrawn accommodation was provided.

• (11) In such circumstances as may be prescribed, subsection (5) does not apply.

Back-dating of benefits where person recorded as refugee

123

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

Miscellaneous

Secretary of State to be corporation sole for purposes of Part VI

124

• (1) For the purpose of exercising his functions under this Part, the Secretary of State is a corporation sole.

• (2) Any instrument in connection with the acquisition, management or disposal of property, real or personal, heritable or moveable, by the Secretary of State under this Part may be executed on his behalf by a person authorised by him for that purpose.

• (3) Any instrument purporting to have been so executed on behalf of the Secretary of State is to be treated, until the contrary is proved, to have been so executed on his behalf.

Entry of premises

125

• (1) This section applies in relation to premises in which accommodation has been provided under section 95 or 98 for a supported person.

• (2) If, on an application made by a person authorised in writing by the Secretary of State, a justice of the peace is satisfied that there is reason to believe that—

• (a) the supported person or any dependants of his for whom the accommodation is provided is not resident in it,

• (b) the accommodation is being used for any purpose other than the accommodation of the asylum-seeker or any dependant of his, or

• (c) any person other than the supported person and his dependants (if any) is residing in the accommodation,

he may grant a warrant to enter the premises to the person making the application.

• (3) A warrant granted under subsection (2) may be executed—

• (a) at any reasonable time;

• (b) using reasonable force.

• (4) In the application of subsection (2) to Scotland, read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace.

Information from property owners

126

• (1) The power conferred by this section is to be exercised with a view to obtaining information about premises in which accommodation is or has been provided for supported persons.

• (2) The Secretary of State may require any person appearing to him—

• (a) to have any interest in, or

• (b) to be involved in any way in the management or control of,

such premises, or any building which includes such premises, to provide him with such information with respect to the premises and the persons occupying them as he may specify.

• (3) A person who is required to provide information under this section must do so in accordance with such requirements as may be prescribed.

• (4) Information provided to the Secretary of State under this section may be used by him only in the exercise of his functions under this Part.

Requirement to supply information about redirection of post

127

• (1) The Secretary of State may require any person conveying postal packets to supply redirection information to the Secretary of State—

• (a) for use in the prevention, detection, investigation or prosecution of criminal offences under this Part;

• (b) for use in checking the accuracy of information relating to support provided under this Part; or

• (c) for any other purpose relating to the provision of support to asylum-seekers.

• (2) The information must be supplied in such manner and form, and in accordance with such requirements, as may be prescribed.

• (3) The Secretary of State must make payments of such amount as he considers reasonable in respect of the supply of information under this section.

• (4) “Postal packet” has the same meaning as in the Postal Services Act 2000.

• (5) “Redirection information” means information relating to arrangements made with any person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.

Part VII — Power To Arrest, Search and Fingerprint

Power to arrest

Arrest without warrant

128

In the 1971 Act, after section 28, insert—

(28A) (1) A constable or immigration officer may arrest without warrant a person— (a) who has committed or attempted to commit an offence under section 24 or 24A; or (b) whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence. (2) But subsection (1) does not apply in relation to an offence under section 24(1)(d). (3) An immigration officer may arrest without warrant a person— (a) who has committed an offence under section 25(1); or (b) whom he has reasonable grounds for suspecting has committed that offence. (4) An immigration officer may arrest without warrant a person— (a) who has committed or attempted to commit an offence under section 25(2); or (b) whom he has reasonable grounds for suspecting has committed or attempted to commit that offence. (5) An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting— (a) has committed or attempted to commit an offence under section 26(1)(g); or (b) is committing or attempting to commit that offence. (6) The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied. (7) The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because— (a) he does not know, and cannot readily discover, the suspect’s name; (b) he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name; (c) the suspect has failed to give him a satisfactory address for service; or (d) he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service. (8) The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect— (a) causing physical injury to himself or another person; (b) suffering physical injury; or (c) causing loss of or damage to property. (9) For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer— (a) that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or (b) that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address. (10) In relation to the exercise of the powers conferred by subsections (3)(b), (4)(b) and (5), it is immaterial that no offence has been committed. (11) In Scotland the powers conferred by subsections (3), (4) and (5) may also be exercised by a constable.

Power to search and arrest

Search and arrest by warrant

129

In the 1971 Act, after section 28A, insert—

(28B) (1) Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises. (2) The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect. (3) Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1). (4) The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect. (5) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25(2).

Search and arrest without warrant

130

In the 1971 Act, after section 28B, insert—

(28C) (1) An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25(1). (2) The power may be exercised— (a) only to the extent that it is reasonably required for that purpose; and (b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises. (3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— (a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and (b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be. (4) The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).

Power to enter and search premises

Entry and search of premises

131

In the 1971 Act, after section 28C, insert—

(28D) (1) If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that— (a) a relevant offence has been committed, (b) there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence, (c) the material is likely to be relevant evidence, (d) the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and (e) any of the conditions specified in subsection (2) applies, he may issue a warrant authorising an immigration officer to enter and search the premises. (2) The conditions are that— (a) it is not practicable to communicate with any person entitled to grant entry to the premises; (b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence; (c) entry to the premises will not be granted unless a warrant is produced; (d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them. (3) An immigration officer may seize and retain anything for which a search has been authorised under subsection (1). (4) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25. (5) In relation to England and Wales, expressions which are given a meaning by the Police and Criminal Evidence Act 1984 have the same meaning when used in this section. (6) In relation to Northern Ireland, expressions which are given a meaning by the Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section. (7) In the application of subsection (1) to Scotland— (a) read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace; and (b) in paragraph (d), omit the reference to excluded material and special procedure material.

Entry and search of premises following arrest

132

• (1) In the 1971 Act, after section 28D, insert—

(28E) (1) This section applies if a person is arrested for an offence under this Part at a place other than a police station. (2) An immigration officer may enter and search any premises— (a) in which the person was when arrested, or (b) in which he was immediately before he was arrested, for evidence relating to the offence for which the arrest was made (“relevant evidence”). (3) The power may be exercised— (a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and (b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence. (4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— (a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and (b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises. (5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence. (6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.

• (2) In the 1971 Act, in Schedule 2 after paragraph 25, insert—

(25A) (1) This paragraph applies if— (a) a person is arrested under this Schedule; or (b) a person who was arrested by a constable (other than under this Schedule) is detained by an immigration officer under this Schedule. (2) An immigration officer may enter and search any premises— (a) occupied or controlled by the arrested person, or (b) in which that person was when he was arrested, or immediately before he was arrested, for relevant documents. (3) The power may be exercised— (a) only if the officer has reasonable grounds for believing that there are relevant documents on the premises; (b) only to the extent that it is reasonably required for the purpose of discovering relevant documents; and (c) subject to sub-paragraph (4), only if a senior officer has authorised its exercise in writing. (4) An immigration officer may conduct a search under sub-paragraph (2)— (a) before taking the arrested person to a place where he is to be detained; and (b) without obtaining an authorisation under sub-paragraph (3)(c), if the presence of that person at a place other than one where he is to be detained is necessary to make an effective search for any relevant documents. (5) An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable. (6) The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of— (a) the grounds for the search; and (b) the nature of the documents that were sought. (7) An officer searching premises under sub-paragraph (2)— (a) may seize and retain any documents he finds which he has reasonable grounds for believing are relevant documents; but (b) may not retain any such document for longer than is necessary in view of the purpose for which the person was arrested. (8) But sub-paragraph (7)(a) does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege. (9) “Relevant documents” means any documents which might— (a) establish the arrested person’s identity, nationality or citizenship; or (b) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go. (10) “Senior officer” means an immigration officer not below the rank of chief immigration officer.

Entry and search of premises following arrest under section 25(1) of the 1971 Act

133

In the 1971 Act, after section 28E, insert—

(28F) (1) An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25(1). (2) The power may be exercised— (a) only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises; (b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and (c) subject to subsection (3), only if a senior officer has authorised it in writing. (3) The power may be exercised— (a) before taking the arrested person to a place where he is to be detained; and (b) without obtaining an authorisation under subsection (2)(c), if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence. (4) An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable. (5) The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of— (a) the grounds for the search; and (b) the nature of the evidence that was sought. (6) An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence. (7) “Relevant evidence” means evidence, other than items subject to legal privilege, that relates to the offence in question. (8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.

Power to search persons

Searching arrested persons

134

• (1) In the 1971 Act, after section 28F, insert—

(28G) (1) This section applies if a person is arrested for an offence under this Part at a place other than a police station. (2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others. (3) The officer may search the arrested person for— (a) anything which he might use to assist his escape from lawful custody; or (b) anything which might be evidence relating to the offence for which he has been arrested. (4) The power conferred by subsection (3) may be exercised— (a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and (b) only to the extent that it is reasonably required for the purpose of discovering any such thing. (5) A power conferred by this section to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth. (6) An officer searching a person under subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that that person might use it to cause physical injury to himself or to another person. (7) An officer searching a person under subsection (3) may seize and retain anything he finds, if he has reasonable grounds for believing— (a) that that person might use it to assist his escape from lawful custody; or (b) that it is evidence which relates to the offence in question. (8) Subsection (7)(b) does not apply to an item subject to legal privilege.

• (2) In the 1971 Act, in Schedule 2 after paragraph 25A, insert—

(25B) (1) This paragraph applies if a person is arrested under this Schedule. (2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others. (3) The officer may search the arrested person for— (a) anything which he might use to assist his escape from lawful custody; or (b) any document which might— (i) establish his identity, nationality or citizenship; or (ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go. (4) The power conferred by sub-paragraph (3) may be exercised— (a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and (b) only to the extent that it is reasonably required for the purpose of discovering any such thing. (5) A power conferred by this paragraph to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth. (6) An officer searching a person under sub-paragraph (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to another person. (7) An officer searching a person under sub-paragraph (3)(a) may seize and retain anything he finds, if he has reasonable grounds for believing that he might use it to assist his escape from lawful custody. (8) An officer searching a person under sub-paragraph (3)(b) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it might be a document falling within that sub-paragraph. (9) Nothing seized under sub-paragraph (6) or (7) may be retained when the person from whom it was seized— (a) is no longer in custody, or (b) is in the custody of a court but has been released on bail.

Searching persons in police custody

135

• (1) In the 1971 Act, after section 28G, insert—

(28H) (1) This section applies if a person— (a) has been arrested for an offence under this Part; and (b) is in custody at a police station or in police detention at a place other than a police station. (2) An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything— (a) which he might use to— (i) cause physical injury to himself or others; (ii) damage property; (iii) interfere with evidence; or (iv) assist his escape; or (b) which the officer has reasonable grounds for believing is evidence relating to the offence in question. (3) The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2). (4) An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that— (a) that person might use it for one or more of the purposes mentioned in subsection (2)(a); or (b) it is evidence relating to the offence in question. (5) Anything seized under subsection (4)(a) may be retained by the police. (6) Anything seized under subsection (4)(b) may be retained by an immigration officer. (7) The person from whom something is seized must be told the reason for the seizure unless he is— (a) violent or appears likely to become violent; or (b) incapable of understanding what is said to him. (8) An intimate search may not be conducted under this section. (9) The person carrying out a search under this section must be of the same sex as the person searched. (10) “Custody officer”— (a) in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984; (b) in relation to Scotland, means the officer in charge of a police station; and (c) in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989. (11) “Intimate search”— (a) in relation to England and Wales, has the meaning given by section 65 of the Act of 1984; (b) in relation to Scotland, means a search which consists of the physical examination of a person’s body orifices other than the mouth; and (c) in relation to Northern Ireland, has the same meaning as in the 1989 Order. (12) “Police detention”— (a) in relation to England and Wales, has the meaning given by section 118(2) of the 1984 Act; and (b) in relation to Northern Ireland, has the meaning given by Article 2 of the 1989 Order. (13) In relation to Scotland, a person is in police detention if— (a) he has been taken to a police station after being arrested for an offence; or (b) he is arrested at a police station after attending voluntarily at the station, accompanying a constable to it or being detained under section 14 of the Criminal Procedure (Scotland) Act 1995, and is detained there or is detained elsewhere in the charge of a constable, but is not in police detention if he is in court after being charged.

• (2) In the 1971 Act, in Schedule 2 after paragraph 25B, insert—

(25C) (1) This paragraph applies if a person— (a) has been arrested under this Schedule; and (b) is in custody at a police station. (2) An immigration officer may, at any time, search the arrested person in order to ascertain whether he has with him— (a) anything which he might use to— (i) cause physical injury to himself or others; (ii) damage property; (iii) interfere with evidence; or (iv) assist his escape; or (b) any document which might— (i) establish his identity, nationality or citizenship; or (ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go. (3) The power may be exercised only to the extent that the officer considers it to be necessary for the purpose of discovering anything of a kind mentioned in sub-paragraph (2). (4) An officer searching a person under this paragraph may seize and retain anything he finds, if he has reasonable grounds for believing that— (a) that person might use it for one or more of the purposes mentioned in sub-paragraph (2)(a); or (b) it might be a document falling within sub-paragraph (2)(b). (5) But the officer may not retain anything seized under sub-paragraph (2)(a)— (a) for longer than is necessary in view of the purpose for which the search was carried out; or (b) when the person from whom it was seized is no longer in custody or is in the custody of a court but has been released on bail. (6) The person from whom something is seized must be told the reason for the seizure unless he is— (a) violent or appears likely to become violent; or (b) incapable of understanding what is said to him. (7) An intimate search may not be conducted under this paragraph. (8) The person carrying out a search under this paragraph must be of the same sex as the person searched. (9) “Intimate search” has the same meaning as in section 28H(11).

Seized material: access and copying

Access and copying

136

• (1) In the 1971 Act, after section 28H, insert—

(28I) (1) If a person showing himself— (a) to be the occupier of the premises on which seized material was seized, or (b) to have had custody or control of the material immediately before it was seized, asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time. (2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision— (a) in the case of seized material within subsection (8)(a), of an immigration officer; (b) in the case of seized material within subsection (8)(b), of a constable. (3) An immigration officer may photograph or copy, or have photographed or copied, seized material. (4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for— (a) that person to have access to the material for the purpose of photographing or copying it under the supervision— (i) in the case of seized material within subsection (8)(a), of an immigration officer; (ii) in the case of seized material within subsection (8)(b), of a constable; or (b) the material to be photographed or copied. (5) A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time. (6) There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice— (a) the exercise of any functions in connection with which the material was seized; or (b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result. (7) “Relevant person” means— (a) a person who had custody or control of seized material immediately before it was seized, or (b) someone acting on behalf of such a person. (8) “Seized material” means anything— (a) seized and retained by an immigration officer, or (b) seized by an immigration officer and retained by the police, under this Part.

• (2) In the 1971 Act, in Schedule 2 after paragraph 25C, insert—

(25D) (1) If a person showing himself— (a) to be the occupier of the premises on which seized material was seized, or (b) to have had custody or control of the material immediately before it was seized, asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time. (2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for that person to have access to the material under the supervision of an immigration officer. (3) An immigration officer may photograph or copy, or have photographed or copied, seized material. (4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for— (a) that person to have access to the material under the supervision of an immigration officer for the purpose of photographing or copying it; or (b) the material to be photographed or copied. (5) A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time. (6) There is no duty under this paragraph to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice— (a) the exercise of any functions in connection with which the material was seized; or (b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result. (7) “Relevant person” means— (a) a person who had custody or control of seized material immediately before it was seized, or (b) someone acting on behalf of such a person. (8) “Seized material” means anything which has been seized and retained under this Schedule.

Search warrants

Search warrants: safeguards

137

In the 1971 Act, after section 28I, insert—

(28J) (1) The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K. (2) If an immigration officer applies for a warrant, he must— (a) state the ground on which he makes the application and the provision of this Act under which the warrant would be issued; (b) specify the premises which it is desired to enter and search; and (c) identify, so far as is practicable, the persons or articles to be sought. (3) In Northern Ireland, an application for a warrant is to be supported by a complaint in writing and substantiated on oath. (4) Otherwise, an application for a warrant is to be made ex parte and supported by an information in writing or, in Scotland, evidence on oath. (5) The officer must answer on oath any question that the justice of the peace or sheriff hearing the application asks him. (6) A warrant shall authorise an entry on one occasion only. (7) A warrant must specify— (a) the name of the person applying for it; (b) the date on which it is issued; (c) the premises to be searched; and (d) the provision of this Act under which it is issued. (8) A warrant must identify, so far as is practicable, the persons or articles to be sought. (9) Two copies of a warrant must be made. (10) The copies must be clearly certified as copies. (11) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.

Execution of warrants

138

In the 1971 Act, after section 28J, insert—

(28K) (1) A warrant may be executed by any immigration officer. (2) A warrant may authorise persons to accompany the officer executing it. (3) Entry and search under a warrant must be— (a) within one month from the date of its issue; and (b) at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated. (4) If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must— (a) identify himself to the occupier and produce identification showing that he is an immigration officer; (b) show the occupier the warrant; and (c) supply him with a copy of it. (5) If— (a) the occupier is not present, but (b) some other person who appears to the officer to be in charge of the premises is present, subsection (4) has effect as if each reference to the occupier were a reference to that other person. (6) If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises. (7) A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued. (8) An officer executing a warrant must make an endorsement on it stating— (a) whether the persons or articles sought were found; and (b) whether any articles, other than articles which were sought, were seized. (9) A warrant which has been executed, or has not been executed within the time authorised for its execution, must be returned— (a) if issued by a justice of the peace in England and Wales, to the justices’ chief executive appointed by the magistrates’ court committee whose area includes the petty sessions area for which the justice acts; (b) if issued by a justice of the peace in Northern Ireland, to the clerk of petty sessions for the petty sessions district in which the premises are situated; (c) if issued by a justice of the peace in Scotland, to the clerk of the district court for the commission area for which the justice of the peace was appointed; (d) if issued by the sheriff, to the sheriff clerk. (10) A warrant returned under subsection (9)(a) must be retained for 12 months by the justices’ chief executive. (11) A warrant issued under subsection (9)(b) or (c) must be retained for 12 months by the clerk. (12) A warrant returned under subsection (9)(d) must be retained for 12 months by the sheriff clerk. (13) If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so. (14) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.

Interpretation

139

• (1) In the 1971 Act, after section 28K, insert—

(28L) In this Part, “premises” and “items subject to legal privilege” have the same meaning— (a) in relation to England and Wales, as in the Police and Criminal Evidence Act 1984; (b) in relation to Northern Ireland, as in the Police and Criminal Evidence (Northern Ireland) Order 1989; and (c) in relation to Scotland, as in section 33 of the Criminal Law (Consolidation) (Scotland) Act 1995.

• (2) In the 1971 Act, in Schedule 2, after paragraph 25D insert—

(25E) Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.

Detention

Detention of persons liable to examination or removal

140

• (1) In paragraph 16 of Schedule 2 to the 1971 Act, for sub-paragraph (2) substitute—

(2) If there are reasonable grounds for suspecting that a person is someone in respect of whom directions may be given under any of paragraphs 8 to 10 or 12 to 14, that person may be detained under the authority of an immigration officer pending— (a) a decision whether or not to give such directions; (b) his removal in pursuance of such directions.

• (2) In paragraph 17(2) of that Schedule (power to grant constable a warrant to search and arrest), for the words from “authorising any constable” to “if need be” substitute “ authorising any immigration officer or constable to enter, if need be ”.

Fingerprinting

Fingerprinting

141

• (1) Fingerprints may be taken by an authorised person from a person to whom this section applies.

• (2) Fingerprints may be taken under this section only during the relevant period.

• (3) Fingerprints may not be taken under this section from a person under the age of sixteen (“the child”) except in the presence of a person of full age who is—

• (a) the child’s parent or guardian; or

• (b) a person who for the time being takes responsibility for the child.

• (4) The person mentioned in subsection (3)(b) may not be—

• (a) an officer of the Secretary of State who is not an authorised person;

• (b) an authorised person.

• (5) “Authorised person” means—

• (a) a constable;

• (b) an immigration officer;

• (c) a prison officer;

• (d) an officer of the Secretary of State authorised for the purpose; ...

• (e) a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a removal centre contract.

• (f) a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a short-term holding facility contract; or

• (g) a person of a description specified in regulations made by the Secretary of State.

• (6) In subsection (5)(e) “contractor” and “removal centre contract” have the same meaning as in Part VIII.

• (6A) In this section—

• (a) “short-term holding facility” has the same meaning as in Part 8,

• (b) “short-term holding facility contract” means a contract entered into by the Secretary of State under section 149 as extended to short-term holding facilities by regulations under section 157(1), and

• (c) “contractor”, in relation to a short-term holding facility which is being run in accordance with a short-term holding facility contract, means the person who has contracted to run it.

• (7) This section applies to—

• (a) any person (“A”) who, on being required to do so by an immigration officer on his arrival in the United Kingdom, fails to produce a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship;

• (b) any person (“B”) who has been refused leave to enter the United Kingdom but has been granted immigration bail under Schedule 10 to the Immigration Act 2016 if an immigration officer reasonably suspects that B might break any condition imposed on him relating to residence or as to reporting to the police or an immigration officer;

• (c) any person (“C”) in respect of whom the Secretary of State —

• (i) is considering whether to make a deportation order,

• (ii) is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

• (iii) has decided to make a deportation order, or

• (iv) has decided that section 32(5) of that Act applies;

• (ca) any person (“CA”) who requires leave to enter or remain in the United Kingdom but does not have it;

• (d) any person (“D”) who has been detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule;

• (e) any person (“E”) who has made a claim for asylum;

• (f) any person (“F”) who is—

• (i) a member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), or

• (ii) a dependant of a person within paragraph (c)(i) or (iii).

• (8) “The relevant period” begins—

• (a) for A, on his failure to produce the passport or other document;

• (b) for B, on the decision to grant him bail ;

• (c) for C —

• (i) when C is notified of the matter mentioned in subsection (7)(c)(i) or (ii), or

• (ii) if no such notification is given to C, when C is notified of the decision mentioned in subsection (7)(c)(iii) or (iv);

• (ca) for CA, when he becomes a person to whom this section applies;

• (d) for D, on his detention or arrest;

• (e) for E, on the making of his claim for asylum; and

• (f) for F, at the same time as for the person of whose family he is a member or whose dependant he is.

• (9) “The relevant period” ends on the earliest of the following—

• (a) the grant of leave to enter or remain in the United Kingdom;

• (b) for A, B, C , CA or D, his removal or deportation from the United Kingdom;

• (c) for C—

• (zi) the time when C is notified of the Secretary of State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C,

• (i) the time when the decision mentioned in subsection (7)(c) (iii) or (iv) ceases to have effect, whether as a result of an appeal or otherwise, or

• (ii) if a deportation order has been made against him, its revocation or its otherwise ceasing to have effect;

• (ca) for CA, when he no longer requires leave to enter or remain in the United Kingdom;

• (d) for D, his release if he is no longer liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act;

• (e) for E, the final determination or abandonment of his claim for asylum; and

• (f) for F, at the same time as for the person of whose family he is a member or whose dependant he is.

• (10) No fingerprints may be taken from A if the immigration officer considers that A has a reasonable excuse for the failure concerned.

• (11) No fingerprints may be taken from B unless the decision to take them has been confirmed by a chief immigration officer.

• (12) An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed—

• (a) if he is a constable, by a person designated for the purpose by the chief constable of his police force;

• (b) if he is a person mentioned in subsection (5)(b) , (e) or (f), by a chief immigration officer;

• (c) if he is a prison officer, by a person designated for the purpose by the governor of the prison;

• (d) if he is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State.

• (e) if the authorised person is specified in regulations made by the Secretary of State under subsection (5)(g), by a person, or a person of a description, specified in such regulations.

• (13) Neither subsection (3) nor subsection (12) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.

• (13A) For the purposes of subsection (7)(f)(i), a person is a member of the family of another person (“P”) if—

• (a) the person is—

• (i) P's partner,

• (ii) P's child, or a child living in the same household as P in circumstances where P has care of the child,

• (iii) in a case where P is a child, P's parent, or

• (iv) an adult dependant relative of P, and

• (b) the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

• (13B) In subsection (13A) “child” means a person who is under the age of 18.

• (14) For the purposes of subsection (7)(f)(ii) , a person is a dependant of another person if—

• (a) he is that person’s spouse or child under the age of eighteen; and

• (b) he does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

• (15) “Claim for asylum” has the same meaning as in Part VI.

• (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance for fingerprinting

142

• (1) The Secretary of State may, by notice in writing, require a person to whom section 141 applies to attend at a specified place for fingerprinting.

• (2) In the case of a notice given to a person of a kind specified in section 141(7)(a) to (d) or (f) (in so far as it applies to a member of the family of, or a dependant of, a person of a kind specified in section 141(7)(a) to (d)), the notice—

• (a) must require him to attend during a specified period of at least seven days beginning with a day not less than seven days after the date given in the notice as its date of issue, and

• (b) may require him to attend at a specified time of day or during specified hours.

• (2A) In the case of a notice given to a person of a kind specified in section 141(7)(e) or (f) (in so far as it applies to a member of the family of a person of a kind specified in section 141(7)(e)), the notice—

• (a) may require him to attend during a specified period beginning with a day not less than three days after the date given in the notice as its date of issue,

• (b) may require him to attend on a specified day not less than three days after the date given in the notice as its date of issue, and

• (c) may require him to attend at a specified time of day or during specified hours.

• (3) A constable or immigration officer may arrest without warrant a person who has failed to comply with a requirement imposed on him under this section (unless the requirement has ceased to have effect).

• (4) Before a person arrested under subsection (3) is released—

• (a) he may be removed to a place where his fingerprints may conveniently be taken; and

• (b) his fingerprints may be taken (whether or not he is so removed).

• (5) A requirement imposed under subsection (1) ceases to have effect at the end of the relevant period (as defined by section 141).

Destruction of fingerprints

143

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

Other methods of collecting data about physical characteristics

144

• (1) The Secretary of State may make regulations containing provisions equivalent to sections 141 and 142 , or to provision made under section 141, in relation to such other methods of collecting biometric information as may be prescribed.

• (2) “Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.

Codes of practice

Codes of practice

145

• (1) An immigration officer exercising any specified power to—

• (a) arrest, question, search or take fingerprints from a person,

• (b) enter and search premises, or

• (c) seize property found on persons or premises,

must have regard to such provisions of a code as may be specified.

• (2) Subsection (1) also applies to an authorised person exercising the power to take fingerprints conferred by section 141.

• (2A) A person exercising a power under regulations made by virtue of section 144 must have regard to such provisions of a code as may be specified.

• (3) Any specified provision of a code may have effect for the purposes of this section subject to such modifications as may be specified.

• (4) “Specified” means specified in a direction given by the Secretary of State.

• (5) “Authorised person” has the same meaning as in section 141.

• (6) “Code” means—

• (a) in relation to England and Wales, any code of practice for the time being in force under the Police and Criminal Evidence Act 1984;

• (b) in relation to Northern Ireland, any code of practice for the time being in force under the Police and Criminal Evidence (Northern Ireland) Order 1989.

• (7) This section does not apply to any person exercising powers in Scotland.

Use of force

Use of force

146