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Immigration Act 2016

Type Public General Act

Publication 2016-05-12

Last updated 2026-03-05

State In force

Department Statute Law Database

Source legislation.gov.uk

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(7D) A tenancy or licence is excluded if— (a) it is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, and (b) the condition in section 33D(2) of that Act is met in relation to that agreement.

(6) In section 5 of the Housing Act 1988 (security of tenure)—

(a) in subsection (1) omit the “or” at the end of paragraph (b) and at the end of paragraph (c) insert

, or (d) in the case of an assured tenancy— (i) which is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, and (ii) in relation to which the condition in section 33D(2) of that Act is met, giving a notice in accordance with that section,

, and

(b) in subsection (2) omit the “or” at the end of paragraph (a) and at the end of paragraph (b) insert

, or (c) the giving of a notice under section 33D of the Immigration Act 2014,

(7) The amendments made by subsections (5) and (6) apply in relation to a tenancy or (in the case of subsection (5)) a licence entered into before or after the coming into force of this section.

Order for possession of dwelling-house

41

(1) The Housing Act 1988 is amended in accordance with subsections (2) to (5).

(2) In Part 1 of Schedule 2 (assured tenancies: grounds on which court must order possession) after Ground 7A insert—

Both of the following conditions are met in relation to a dwelling-house in England. Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies— (a) the tenant or, in the case of joint tenants, one or more of them, or (b) one or more other persons aged 18 or over who are occupying the dwelling-house, as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. Condition 2 is that the person or persons named in the notice— (a) fall within paragraph (a) or (b) of condition 1, and (b) are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. For the purposes of this ground a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if— (a) P is not a relevant national, and (b) P does not have a right to rent in relation to the dwelling-house. P does not have a right to rent in relation to the dwelling-house if— (a) P requires leave to enter or remain in the United Kingdom but does not have it, or (b) P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house. But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this ground to occupy a dwelling-house under an assured tenancy. In this ground “relevant national” means— (a) a British citizen, (b) a national of an EEA State other than the United Kingdom, or (c) a national of Switzerland.

(3) In section 7 (orders for possession)—

(a) in subsection (3) after “subsections (5A) and (6)” insert “ and section 10A ”,

(b) in subsection (5A)(a) for “and 7A” substitute “ , 7A and 7B ”,

(d) after subsection (6A) insert—

(6B) The requirement in subsection (6)(b) that would otherwise apply to an order for possession of a dwelling-house let on an assured fixed term tenancy does not apply where the ground for possession is Ground 7B in Part 1 of Schedule 2 to this Act.

(4) In section 8(5) (cases where court may not dispense with notice of proceedings for possession) after “Ground 7A” insert “ , 7B ”.

(5) After section 10 insert—

(10A) (1) This section applies on an application for an order for possession of a dwelling-house let on an assured tenancy if the court is satisfied that— (a) Ground 7B in Schedule 2 is established, (b) no other ground in that Schedule is established, or one or more grounds in Part 2 of that Schedule are established but it is not reasonable to make an order for possession on that ground or those grounds, (c) the tenancy is a joint tenancy, and (d) one or more of the tenants is a qualifying tenant. (2) In subsection (1)(d) “qualifying tenant” means a person who (within the meaning of Ground 7B) is not disqualified as a result of the person's immigration status from occupying the dwelling-house under the tenancy. (3) The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held— (a) if there is one qualifying tenant, by the qualifying tenant as sole tenant, or (b) if there is more than one qualifying tenant, by all of them as joint tenants. (4) The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants— (a) are entitled to performance of the landlord's covenants under the tenancy, and (b) are liable to perform the tenant's covenants under the tenancy. (5) The effect of an order under this section is that, from the time it takes effect, any other person who was a tenant under the tenancy before the order took effect— (a) ceases to be entitled to performance of the landlord's covenants under the tenancy, or (b) ceases to be liable to perform the tenant's covenants under the tenancy. (6) Subsection (5) does not remove any right or liability of the person which accrued before the order took effect. (7) An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants. (8) In particular, if the tenancy is a fixed term tenancy, the term comes to an end at the same time as if the order had not been made.

(6) In Part 1 of Schedule 15 to the Rent Act 1977 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies) after Case 10 insert—

Both of the following conditions are met in relation to a dwelling-house in England. Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies— (a) the tenant or, in the case of joint tenants, one or more of them, or (b) one or more other persons aged 18 or over who are occupying the dwelling-house, as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. Condition 2 is that the person or persons named in the notice— (a) fall within paragraph (a) or (b) of condition 1, and (b) are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. For the purposes of this case a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if— (a) P is not a relevant national, and (b) P does not have a right to rent in relation to the dwelling-house. P does not have a right to rent in relation to the dwelling-house if— (a) P requires leave to enter or remain in the United Kingdom but does not have it, or (b) P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house. But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this case to occupy a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy. In this case “relevant national” means— (a) a British citizen, (b) a national of an EEA State other than the United Kingdom, or (c) a national of Switzerland.

(7) The amendments made by this section apply in relation to a tenancy entered into before or after the coming into force of this section.

Extension to Wales, Scotland and Northern Ireland

42

(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for enabling any of the residential tenancies provisions to apply in relation to Wales, Scotland or Northern Ireland.

(2) The Secretary of State may by regulations make provision which—

(a) has a similar effect to any of the residential tenancies provisions, and

(b) applies in relation to Wales, Scotland or Northern Ireland.

(3) Regulations under subsection (1) or (2) may—

(a) amend, repeal or revoke any enactment;

(b) confer functions on any person.

(4) Regulations under subsection (1) or (2) may not confer functions on—

(a) the Welsh Ministers,

(b) the Scottish Ministers,

(d) a Northern Ireland Minister, or

(e) a Northern Ireland department.

(5) In this section—

“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales;an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;an enactment contained in, or in an instrument made under, Northern Ireland legislation;

“the residential tenancies provisions” means sections 39 to 41 and the amendments made by those sections.

Driving

Powers to carry out searches relating to driving licences

43

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control of entry etc) is amended in accordance with subsections (2) and (3).

(2) After paragraph 25C insert—

(25CA) (1) An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person— (a) is in possession of a driving licence, and (b) is not lawfully resident in the United Kingdom. (2) The authorised officer may enter and search any premises— (a) occupied or controlled by the person, or (b) in which the person was when the person was encountered by the officer, for the driving licence. (3) The power conferred by sub-paragraph (2) may be exercised— (a) only if the authorised officer has reasonable grounds for believing that the driving licence is on the premises, (b) only to the extent that it is reasonably required for the purpose of discovering the driving licence, and (c) unless the authorised officer is a constable, only if a senior officer has authorised its exercise in writing. (4) Sub-paragraph (3)(c) does not apply where it is not reasonably practicable for the authorised officer to obtain the authorisation of a senior officer before exercising the power. (5) An authorised officer who has conducted a search in reliance on sub-paragraph (4) must inform a senior officer as soon as is practicable. (6) The senior officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of the grounds for the search. (7) In this paragraph and paragraphs 25CB and 25CC— - “authorised officer” means— 1. an immigration officer, 2. a constable, or 3. a person of a kind authorised for the purposes of this paragraph and paragraphs 25CB and 25CC by the Secretary of State; - “driving licence”— 1. means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part II of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), and 2. includes a licence of that kind which has been revoked; - “senior officer” means— 1. in relation to an authorised officer who is an immigration officer, an immigration officer not below the rank of chief immigration officer; 2. in relation to an authorised officer other than an immigration officer, a person of a kind designated by the Secretary of State for the purposes of this paragraph in relation to an authorised officer of that kind. (8) For the purposes of this paragraph and paragraphs 25CB and 25CC a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it. (25CB) (1) An authorised officer may exercise the powers in this section if the officer has reasonable grounds for believing that a person— (a) is in possession of a driving licence, and (b) is not lawfully resident in the United Kingdom. (2) The authorised officer may search the person for the driving licence. (3) The power conferred by sub-paragraph (2) may be exercised— (a) only if the authorised officer has reasonable grounds for believing that the driving licence may be concealed on the person, and (b) only to the extent that it is reasonably required for the purpose of discovering the driving licence. (4) An intimate search may not be carried out under sub-paragraph (2). (5) In sub-paragraph (4) “intimate search” has the same meaning as in section 28H(11). (25CC) (1) If an authorised officer who is exercising a power to search a person or premises finds a driving licence to which this sub-paragraph applies in the course of the search, the officer may seize and retain the licence. (2) Sub-paragraph (1) applies to a driving licence if— (a) the authorised officer finds the licence in the possession of a person who the authorised officer has reasonable grounds for believing is not lawfully resident in the United Kingdom, or (b) the authorised officer has reasonable grounds for believing that the holder of the licence is not lawfully resident in the United Kingdom. (3) A driving licence seized under sub-paragraph (1) must, as soon as practicable, be given to— (a) the Secretary of State, in the case of a licence granted by the Secretary of State, or (b) the Department for Infrastructure for Northern Ireland, in the case of a licence granted by the Department. (4) A person who is in possession of a driving licence by virtue of sub-paragraph (3) must retain it if— (a) it has not been revoked, (b) it has been revoked but the time limit for an appeal against revocation of the licence has not expired, or (c) it has been revoked, such an appeal has been brought but the appeal has not been determined. (5) A driving licence which is required to be retained under sub-paragraph (4) must be retained— (a) until a decision is taken not to revoke it, or (b) if it has been or is subsequently revoked— (i) until the time limit for an appeal against revocation of the licence expires without an appeal being brought, or (ii) until such an appeal is determined. (6) A driving licence which is in the possession of a person by virtue of sub-paragraph (3) but which is not required to be retained under sub-paragraphs (4) and (5) must be returned to the holder if— (a) a decision is taken not to revoke the licence, or (b) an appeal against revocation of the licence is determined in favour of the holder. (7) Otherwise the driving licence may be dealt with in such manner as that person thinks fit. (8) Neither the Secretary of State nor the Department for Infrastructure for Northern Ireland is obliged to re-issue a licence which has been seized and retained under this paragraph. (9) References in this paragraph to an appeal against the revocation of a licence are to— (a) an appeal under section 100 of the Road Traffic Act 1988, in the case of a licence granted by the Secretary of State, or (b) an appeal under Article 16 of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), in the case of a licence granted by the Department for Infrastructure for Northern Ireland. (10) References in this paragraph to the holder of a driving licence, in relation to a licence that has been revoked, include the person who was the holder of the licence before it was revoked.

(3) In paragraph 25D(8) (access and copying: meaning of seized material) at the end insert “ other than a driving licence seized under paragraph 25CC. ”

(4) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable force) after paragraph (a) insert—

(aa) paragraph 25CA, 25CB or 25CC of Schedule 2 to the 1971 Act (powers to search for and seize driving licences),

(5) In the period (if any) between the coming into force of subsection (2) and the coming into force of the Departments Act (Northern Ireland) 2016, references to the Department for Infrastructure for Northern Ireland in paragraph 25CC(3)(b), (8) and (9)(b) of Schedule 2 to the Immigration Act 1971 (as inserted by subsection (2)) are to be read as references to the Department of the Environment for Northern Ireland.

Offence of driving when unlawfully in the United Kingdom

44

(1) The Immigration Act 1971 is amended in accordance with subsections (2) to (6).

(2) Before section 25 insert—

(24C) (1) A person commits an offence if— (a) the person drives a motor vehicle on a road or other public place at a time when the person is not lawfully resident in the United Kingdom, and (b) at that time the person knows or has reasonable cause to believe that the person is not lawfully resident in the United Kingdom. (2) 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, to a fine or to both; (b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both. (3) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (2)(a) to 51 weeks is to be read as a reference to 6 months. (4) In this section “motor vehicle” and “road”— (a) in relation to England and Wales and Scotland, have the same meanings as in the Road Traffic Act 1988; (b) in relation to Northern Ireland, have the same meanings as in the Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994 (NI 18)). (5) For the purposes of this section a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it. (24D) (1) If a person (“P”) has been arrested for an offence under section 24C committed in England and Wales or Northern Ireland, a senior officer or a constable may detain a relevant vehicle. (2) Subject to regulations under subsection (8), a vehicle detained under subsection (1) must be released— (a) when a decision is taken not to charge P with the offence, or (b) if P is charged with the offence— (i) when P is acquitted, the charge against P is dismissed or the proceedings are discontinued, or (ii) if P is convicted, when the court decides not to order forfeiture of the vehicle. (3) If a person (“P”) has been arrested for an offence under section 24C committed in Scotland, a senior officer or a constable may detain a relevant vehicle. (4) Subject to regulations under subsection (8) a vehicle detained under subsection (3) must be released— (a) when a decision is taken not to institute criminal proceedings against P for the offence, or (b) if criminal proceedings are instituted against P for the offence— (i) when P is acquitted or, under section 147 of the Criminal Procedure (Scotland) Act 1995, liberated or the trial diet is deserted simpliciter, or (ii) if P is convicted, when the court decides not to order forfeiture of the vehicle. (5) For the purposes of subsection (4) criminal proceedings are instituted against a person (“P”) at whichever is the earliest of P's first appearance before the sheriff or the service on P of a complaint. (6) A power in subsection (1) or (3) may be exercised by a senior officer or constable at any place at which the senior officer or constable is lawfully present. (7) A vehicle is a relevant vehicle in relation to P if the officer or constable concerned has reasonable grounds for believing it was used in the commission by P of an offence under section 24C. (8) The Secretary of State may by regulations make provision about the release of a vehicle detained under subsection (1) or (3). (9) Regulations under subsection (8) may in particular make provision— (a) for the release of a vehicle before the time mentioned in subsection (2) or (4); (b) about the procedure by which a person may seek to have a vehicle released before or after that time; (c) about the persons to whom a vehicle may or must be released before or after that time; (d) prescribing conditions to be met before a vehicle may be released before or after that time (including a condition requiring the payment of costs in relation to detention of the vehicle and any application for its release); (e) as to the destination of payments made in compliance with such a condition; (f) enabling a person specified in the regulations to waive compliance with such a condition; (g) as to the disposal of a vehicle in a case where such a condition is not met; (h) as to the destination of the proceeds arising from the disposal of a vehicle in such a case. (10) Regulations under subsection (8)— (a) are to be made by statutory instrument; (b) may make different provision for different cases; (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision. (11) A statutory instrument containing regulations under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament. (12) In this section “senior officer” means an immigration officer not below the rank of chief immigration officer. (24E) (1) A senior officer or a constable may enter and search any premises for the purposes of detaining a vehicle under section 24D. (2) The power in subsection (1) may be exercised— (a) only to the extent that it is reasonably required for that purpose, and (b) only if the senior officer or constable knows that a vehicle which may be detained under section 24D is to be found on the premises. (3) The power in subsection (1) may be exercised— (a) by a senior officer (“S”) only if S produces identification showing that S is an immigration officer (whether or not S is asked to do so); (b) by a constable (“C”) only if C produces identification showing that C is a constable (whether or not C is asked to do so). (4) Subsection (5) applies if, on an application by a senior officer or constable, a justice of the peace is satisfied that there are reasonable grounds for suspecting that a vehicle which may be detained under section 24D may be found on premises mentioned in subsection (6). (5) The justice of the peace may issue a warrant authorising any senior officer or constable to enter, if need be by force, the premises for the purpose of searching for and detaining the vehicle. (6) The premises referred to in subsection (4) are— (a) one or more sets of premises specified in the application, or (b) subject to subsection (10), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”). (7) If the application is for an all premises warrant, the justice of the peace must also be satisfied— (a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the vehicle, and (b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched. (8) Subject to subsection (10), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant. (9) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum. (10) A justice of the peace in Scotland may not issue— (a) an all premises warrant under this section, or (b) a warrant under this section authorising multiple entries. (11) In the application of this section to Scotland, references to a justice of the peace are to be read as references to the sheriff or a justice of the peace. (12) In this section “senior officer” means an immigration officer not below the rank of chief immigration officer. (24F) (1) If a person is convicted of an offence under section 24C, the court may order the forfeiture of the vehicle used in the commission of the offence. (2) Where a person who claims to have an interest in the vehicle applies to the court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle unless the person has been given an opportunity to make representations. (3) For the purposes of subsection (2) the persons who have an interest in a vehicle include— (a) a person who owns it, (b) the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994, and (c) a person who is in possession of it under a hire purchase agreement (or, in the case of a detained vehicle, was in possession of it under a hire purchase agreement immediately before its detention). (4) The Secretary of State may by regulations make provision about— (a) the disposal of a vehicle forfeited under this section; (b) the destination of the proceeds arising from the disposal of such a vehicle. (5) Regulations under subsection (4)— (a) are to be made by statutory instrument; (b) may make different provision for different cases; (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision. (6) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In section 28A(3)(a) (arrest without warrant) before “25” insert “ 24C, ”.

(4) In section 28B(5) (search and arrest by warrant: relevant offences) before “26A” insert “ 24C, ”.

(5) In section 28CA(1) (business premises: entry to arrest) for the “or” at the end of paragraph (b) substitute—

(bb) for an offence under section 24C, or

(6) In section 28D(4) (entry and search of premises: relevant offences) before “25” insert “ 24C, ”.

(7) In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.

(8) In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)) (powers of persons accompanying constables in execution of warrants) after “seizure” insert “ or detention ”.

(9) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable force) before paragraph (a) insert—

(za) section 24E(1) (powers to enter premises to detain motor vehicle) of the 1971 Act,

Bank accounts

45

(1) Schedule 7 (bank accounts) has effect.

(2) Before the end of the period mentioned in subsection (3), the Secretary of State must—

(a) review the operation of sections 40A to 40G of the Immigration Act 2014 (inserted by Schedule 7),

(b) prepare a report of the review, and

(3) The period referred to in subsection (2) is the period of 5 years beginning with the day on which Schedule 7 comes fully into force.

PART 3 — Enforcement

Powers of immigration officers etc

Powers in connection with examination, detention and removal

46

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

(2) In paragraph 2(1) (examination by immigration officers) at the end of paragraph (c) insert

; and (d) whether, if he has been given leave which is still in force, his leave should be curtailed.

(3) After paragraph 15 insert—

(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.

(4) In paragraph 25A (entry and search of premises where person arrested or detained under Schedule 2)—

(a) after sub-paragraph (7) insert—

(7A) Sub-paragraph (7B) applies where— (a) an officer is searching premises under this paragraph, and (b) any document the officer has reasonable grounds for believing is a relevant document is stored in any electronic form and is accessible from the premises. (7B) The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form. (7C) If a requirement under sub-paragraph (7B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored.

(b) in sub-paragraph (8) for “sub-paragraph (7)(a) does” substitute “ sub-paragraphs (7) to (7C) do ”, and

(5) In paragraph 25B (search of person arrested under Schedule 2) after sub-paragraph (8) insert—

(8A) Sub-paragraph (8B) applies where— (a) an officer is searching a person under this paragraph, and (b) any document the officer has reasonable grounds for believing is a document within sub-paragraph (3)(b) is stored in any electronic form on a device or medium found on the person. (8B) The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form. (8C) If a requirement under sub-paragraph (8B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored. (8D) Sub-paragraphs (8B) and (8C) do not apply to a document which the officer has reasonable grounds for believing is an item subject to legal privilege.

Search of premises in connection with imposition of civil penalty

47

(1) This section applies if an immigration officer is lawfully on any premises.

(2) The immigration officer may search the premises for documents which might be of assistance in determining whether a person is liable to the imposition of a penalty under—

(a) section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty for employing illegal worker etc), or

(b) section 23 or 25 of the Immigration Act 2014 (penalty for leasing premises to disqualified person etc).

(3) The power may be exercised—

(a) only if the immigration officer has reasonable grounds for believing there are documents within subsection (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 section may seize any document the officer finds which the officer has reasonable grounds for believing is a document within subsection (2).

(5) Subsection (6) applies where—

(a) an immigration officer is searching premises under this section, and

(b) any document the officer has reasonable grounds for believing is a document within subsection (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 subsection (6) is not complied with or a document to which that subsection applies cannot be produced in a form of the kind mentioned in that subsection, the immigration officer may seize the device or medium on which it is stored.

(8) But subsections (4) to (7) do not apply to a document or item which the immigration officer has reasonable grounds for believing is an item subject to legal privilege.

(9) An immigration officer may retain a document or item seized under this section while the officer has reasonable grounds for believing that the document may be required—

(a) for the purposes of determining whether a person is liable to the imposition of a penalty under a provision mentioned in subsection (2),

(b) for the purposes of any objection relating to the imposition of such a penalty, or

(10) But a document or item may not be retained for a purpose mentioned in subsection (9) if a photograph or copy would be sufficient for that purpose.

(11) Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to a document seized and retained under this section as it applies to anything seized and retained under Part 3 of that Act.

Seizure and retention in relation to offences

48

(1) This section applies if an immigration officer is lawfully on any premises.

(2) The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—

(a) that it has been obtained in consequence of the commission of an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(3) The immigration officer may seize anything which the officer finds in the course of exercising a function under the Immigration Acts if the officer has reasonable grounds for believing—

(a) that it is evidence in relation to an offence, and

(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.

(4) The immigration officer may require any information which is stored in any electronic form and is accessible from the premises to be produced if the officer has reasonable grounds for believing—

(a) that—

(i) it is evidence in relation to an offence, or

(ii) it has been obtained in consequence of the commission of an offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, tampered with or destroyed.

(5) The reference in subsection (4) to information which is stored in any electronic form being produced is to such information being produced in a form—

(a) in which it can be taken away, and

(b) in which it is visible and legible or from which it can readily be produced in a visible and legible form.

(6) This section does not authorise an immigration officer to seize an item which the officer has reasonable grounds for believing is an item subject to legal privilege.

(7) Anything seized by an immigration officer under this section which relates to an immigration offence 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 (8)—

(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.

(8) Nothing may be retained for a purpose mentioned in subsection (7)(a) if a photograph or copy would be sufficient for that purpose.

(9) Section 28I of the Immigration Act 1971 (seized material: access and copying) applies to anything seized and retained under this section which relates to an immigration offence as it applies to anything seized and retained by an immigration officer under Part 3 of that Act.

(10) This section does not apply in relation to anything which may be seized by an immigration officer under—

(a) section 19 of the Police and Criminal Evidence Act 1984 as applied by an order under section 23 of the Borders, Citizenship and Immigration Act 2009, or

(b) Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12) as applied by that section.

(11) In this section and section 49 “immigration offence” means an offence which relates to an immigration or nationality matter.

Duty to pass on items seized under section 48

49

(1) This section applies if an immigration officer exercises—

(a) the power under section 48 to seize or take away an item on the basis that the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence other than an immigration offence (a “relevant offence”), or

(b) a power to that effect in Part 3 of the Immigration Act 1971 as applied by section 14(3) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004.

(2) Subject to subsection (3), the immigration officer must, as soon as is reasonably practicable after the power is exercised, notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.

(3) If the immigration officer has reasonable grounds for believing that the item referred to in subsection (1) has also been obtained in consequence of the commission of, or is evidence in relation to, an immigration offence, the immigration officer may notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.

(4) A person notified under this section of the exercise of a power mentioned in subsection (1) in relation to an item must, as soon as is reasonably practicable after being so notified, inform the immigration officer whether the person will accept the item.

(5) The person may inform the immigration officer that the person will not accept the item only if—

(a) the person does not think the item or information contained in it has been obtained in consequence of the commission of, or is evidence in relation to, an offence,

(b) the person does not have functions in relation to the investigation of the relevant offence, or

(c) the person thinks that it would be more appropriate for the relevant offence to be investigated by another person with such functions.

(6) If the person informs the immigration officer that the person will accept the item, the immigration officer must give it to the person as soon as is reasonably practicable.

(7) Once the item has been given as mentioned in subsection (6), any provision of an enactment which applies to items seized or taken away by the person applies to the item as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence.

(8) If the person informs the immigration officer that the person will not accept the item because subsection (5)(a) applies, the immigration officer must, as soon as is reasonably practicable, return the item in accordance with subsection (10).

(9) If the person informs the immigration officer that the person will not accept the item because subsection (5)(b) or (c) applies, the immigration officer must, as soon as is reasonably practicable—

(a) notify the exercise of a power mentioned in subsection (1) in relation to the item to another person (if any) who the immigration officer thinks has functions in relation to the investigation of the relevant offence, or

(b) if there is no such person, return the item in accordance with subsection (10).

(10) An item which must be returned in accordance with this subsection must be returned—

(a) to the person from whom it was seized, or

(b) if there is no such person, to the place from which it was seized or taken away.

(11) Where an item to which this section applies or information contained in such an item has been obtained in consequence of the commission of, or is evidence in relation to, more than one offence, references in this section to the relevant offence are to any of those offences.

(12) A function conferred or imposed by this section on an immigration officer may be exercised by any other immigration officer.

(13) In this section “enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

Retention of things seized under Part 3 of the Immigration Act 1971

50

After section 28H of the Immigration Act 1971 insert—

(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.

Search for nationality documents by detainee custody officers etc

51

(1) The Secretary of State may direct a detainee custody officer, prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to—

(a) a detained person who is detained in a removal centre, prison or young offender institution, or

(b) a person who is detained in a short-term holding facility.

(2) The Secretary of State may direct a prison officer or prisoner custody officer to exercise any of the powers in subsection (6) in relation to a person detained in a prison or young offender institution—

(a) who has been recommended for deportation by a court under section 3(6) of the Immigration Act 1971,

(b) in respect of whom the Secretary of State—

(i) is considering whether to make a deportation order under section 5(1) of that Act,

(ii) has decided to make such a deportation order, or

(iii) has made such a deportation order, or

(d) in respect of whom the Secretary of State—

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

(ii) has decided that section 32(5) of that Act applies, or

(iii) has made such a deportation order in accordance with section 32(5) of that Act.

(3) In this section and section 52 “relevant officer” means a detainee custody officer, prison officer or prisoner custody officer.

(4) The Secretary of State may give a direction in relation to a person detained as mentioned in subsection (1) or (2) only if the Secretary of State has reasonable grounds to believe a relevant nationality document will be found if a power in subsection (6) is exercised in relation to the person.

(4A) The Secretary of State may give a direction as mentioned in subsection (2)(b)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a) the Secretary of State has notified the person in writing that the Secretary of State is considering whether to make a deportation order under section 5(1) of the Immigration Act 1971 against the person, or

(b) where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided to make such a deportation order against the person.

(4B) The Secretary of State may give a direction as mentioned in subsection (2)(d)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a) the Secretary of State has notified the person in writing that the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or

(b) where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.

(5) A relevant officer to whom a direction is given under subsection (1) or (2) must (if able to do so) comply with it.

(6) The powers referred to in subsections (1), (2) and (4) are—

(a) to require the person to hand over to the relevant officer all relevant nationality documents in his or her possession,

(b) to search for such documents and to take possession of any that the relevant officer finds,

(c) to inspect any relevant nationality documents obtained in the course of the exercise of a power in paragraph (a) or (b), and

(d) to seize and retain any such documents so obtained.

(7) The power in subsection (6)(b) is a power to search any of the following—

(a) the person;

(b) anything the person has with him or her;

(d) any item of the person's property in the removal centre, short-term holding facility, prison or young offender institution.

(8) A full search may be carried out under subsection (7)(a); but such a search may not be carried out in the presence of—

(a) another person detained as mentioned in subsection (1) or (2), or

(b) a person of the opposite sex.

(9) An intimate search may not be carried out under subsection (7)(a).

(10) A relevant officer may if necessary use reasonable force for the purposes of exercising a power in subsection (6)(a) or (b).

(11) A relevant officer must pass a relevant nationality document seized and retained under subsection (6)(d) to the Secretary of State as soon as is reasonably practicable.

(12) The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under subsection (11) while the Secretary of State suspects that—

(a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

(b) retention of the document may facilitate the removal.

(13) If subsection (12) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—

(a) arrange for the document to be returned in accordance with subsection (14), or

(b) if the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.

(14) A document which is required to be returned in accordance with this subsection must be returned to—

(a) the person who was previously in possession of it, or

(b) if it was not found in the possession of a person, the location in which it was found.

(15) In this section and section 52—

“full search” means a search which involves the removal of an item of clothing which—is being worn wholly or partly on the trunk, andis being so worn either next to the skin or next to an article of underwear;

“intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth;

“nationality document” means a document which might—establish a person's identity, nationality or citizenship, orindicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.

(16) For the purposes of this section and section 52 a nationality document is “relevant” if it relates to a person who is liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts.

(17) In this section the following expressions have the same meaning as in Part 8 of the Immigration and Asylum Act 1999 (see section 147)—

“detained person”;

“detainee custody officer”;

“prisoner custody officer”;

“removal centre”;

“short-term holding facility”.

Seizure of nationality documents by detainee custody officers etc

52

(1) A relevant officer may seize a nationality document which the relevant officer finds in the course of the exercise of a power to search other than one conferred by section 51.

(2) Where a relevant officer seizes a nationality document under subsection (1), the relevant officer—

(a) must seek the consent of the Secretary of State to retain the document, and

(b) if the relevant officer obtains the Secretary of State's consent, must pass the document to the Secretary of State as soon as is practicable.

(3) The Secretary of State may give consent under subsection (2) only if the Secretary of State has reasonable grounds to believe that—

(a) the document is a relevant nationality document, and

(b) the document may facilitate the removal of the person to whom it relates from the United Kingdom in accordance with a provision of the Immigration Acts.

(4) If the Secretary of State does not give consent under subsection (2), the Secretary of State must—

(a) direct the relevant officer to return the document as mentioned in subsection (5), or

(b) if the Secretary of State thinks that it would not be appropriate to return the document, direct the relevant officer to dispose of the document in such manner as the Secretary of State may direct.

(5) A document which is required to be returned in accordance with this subsection must be returned to—

(a) the person who was previously in possession of it, or

(b) if it was not found in the possession of a person, the location in which it was found.

(6) The Secretary of State may retain a relevant nationality document which comes into the Secretary of State's possession under this section while the Secretary of State suspects that—

(a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

(b) retention of the document may facilitate the removal.

(7) If subsection (6) does not apply to a document which comes into the Secretary of State's possession under this section, the Secretary of State may—

(a) arrange for the document to be returned in accordance with subsection (5), or

(b) if the Secretary of State thinks that it would not be appropriate to return the document, dispose of the document in such manner as the Secretary of State thinks appropriate.

Amendments relating to sections 51 and 52

53

(1) Schedule 11 to the Immigration and Asylum Act 1999 (detainee custody officers) is amended as follows.

(2) In paragraph 4 (offence of assaulting detainee custody officer)—

(a) omit the “or” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert

or (d) performing functions under section 51 of the Immigration Act 2016 (search for nationality documents),

(3) In paragraph 5 (offence of obstructing detainee custody officer)—

(a) omit the “or” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert

or (d) performing functions under section 51 of the Immigration Act 2016 (search for nationality documents),

(4) After paragraph 8 insert—

(9) A reference in paragraph 4(d) or 5(d) to a detainee custody officer performing functions under section 51 of the Immigration Act 2016 includes a reference to a prison officer or prisoner custody officer performing such functions.

Amendments to search warrant provisions

54

Schedule 8 (amendments to search warrant provisions) has effect.

Supply of information to Secretary of State

55

(1) Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) is amended in accordance with subsections (2) to (10).

(2) For the heading substitute “ Power to supply information etc to Secretary of State ”.

(3) In subsection (1) for paragraphs (a) to (f) substitute—

(a) a public authority, or (b) any specified person, for purposes specified in relation to that person.

(4) In subsection (1A) in each of paragraphs (a) and (b) for “a person listed in subsection (1) or someone acting on his behalf” substitute “ a public authority or someone acting on behalf of a public authority ”.

(5) After subsection (1A) insert—

(1B) This section does not apply to— (a) information which is held by the Crown Prosecution Service, or (b) a document or article which comes into the possession of, or is discovered by, the Crown Prosecution Service, or someone acting on behalf of the Crown Prosecution Service, if section 40 of the UK Borders Act 2007 applies to the information, document or article.

(6) After subsection (2A) insert—

(2B) Subsection (2A)(a) does not affect any other power of the Secretary of State to retain a document or article.

(7) In subsection (3) after paragraph (d) insert—

(da) anything else that is done in connection with the exercise of a function under any of the Immigration Acts;

(8) After subsection (3) insert—

(3A) Public authority” means a person with functions of a public nature but does not include— (a) Her Majesty's Revenue and Customs, (b) either House of Parliament or a person exercising functions in connection with proceedings in Parliament, (c) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament, (d) the National Assembly for Wales or a person exercising functions in connection with proceedings in that Assembly, or (e) the Northern Ireland Assembly or a person exercising functions in connection with proceedings in that Assembly.

(9) Omit subsection (4).

(10) After subsection (6) insert—

(7) Nothing in this section authorises information, a document or an article to be supplied if to do so would contravene a restriction on the disclosure of information (however imposed).

(11) After section 20 of the Immigration and Asylum Act 1999 insert—

(20A) (1) This section applies to a nationality document which the Secretary of State has reasonable grounds for believing is lawfully in the possession of a person listed in Schedule A1. (2) The Secretary of State may direct the person to supply the document to the Secretary of State if the Secretary of State suspects that— (a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and (b) the document may facilitate the removal. (3) A person to whom a direction is given must, as soon as is practicable, supply the document to the Secretary of State. (4) If the document was originally created in hard copy form and the person possesses the original document, it must be supplied to the Secretary of State unless it is required by the person for the performance of any of the person's functions. (5) If the original document is required by the person for the performance of any of the person's functions— (a) the person must, as soon as is practicable, supply a copy of the document to the Secretary of State, and (b) if subsequently the person no longer requires the original document, the person must supply it to the Secretary of State as soon as is practicable after it is no longer required. (6) Subsection (5)(b) does not apply if the Secretary of State notifies the person that the original document is no longer required. (7) If subsection (5) applies the person may make a copy of the original document before supplying it to the Secretary of State. (8) The Secretary of State may retain a nationality document supplied under this section while the Secretary of State suspects that— (a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and (b) retention of the document may facilitate the removal. (9) Subsection (8) does not affect any other power of the Secretary of State to retain a document. (10) The Secretary of State may dispose of a nationality document supplied under this section in such manner as the Secretary of State thinks appropriate. (11) Nothing in this section authorises or requires a document to be supplied if to do so would contravene a restriction on the disclosure of information (however imposed). (12) The Secretary of State may by regulations amend Schedule A1 so as to add, modify or remove a reference to a person or description of person. (13) Regulations under subsection (12) may not amend Schedule A1 so as to apply this section to— (a) either House of Parliament or a person exercising functions in connection with proceedings in Parliament, (b) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament, (c) the National Assembly for Wales or a person exercising functions in connection with proceedings in that Assembly, or (d) the Northern Ireland Assembly or a person exercising functions in connection with proceedings in that Assembly. (14) In this section “nationality document” means a document which might— (a) establish a person's identity, nationality or citizenship, or (b) indicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.

(12) In section 166 of the Immigration and Asylum Act 1999 (regulations and orders)—

(a) after subsection (5) insert—

(5A) No regulations under section 20A(12) which amend Schedule A1 so as to— (a) add a reference to a person or description of person, or (b) modify a reference to a person or description of person otherwise than in consequence of a change of name or transfer of functions, are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

, and

(b) in subsection (6), before the “or” at the end of paragraph (a) insert—

(ab) under section 20A(12) and which falls within subsection (5A),

(13) Before Schedule 1 to the Immigration and Asylum Act 1999 insert the Schedule A1 set out in Schedule 9.

Detention etc. by immigration officers in Scotland

56

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

Powers to take fingerprints etc. from dependants

57

(1) Section 141 of the Immigration and Asylum Act 1999 (powers to take fingerprints from certain persons and their dependants) is amended as follows.

(2) In subsection (7) for paragraph (f) substitute—

(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).

(3) In subsection (8)(f) after “person” insert “ of whose family he is a member or ”.

(4) In subsection (9)(f) after “person” insert “ of whose family he is a member or ”.

(5) After subsection (13) insert—

(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.

(6) In subsection (14) for “(7)(f)” substitute “ (7)(f)(ii) ”.

(7) Section 142 of the Immigration and Asylum Act 1999 (attendance for fingerprinting) is amended as follows.

(8) In subsection (2) for “a dependant of” substitute “ a member of the family of, or a dependant of, ”.

(9) In subsection (2A) for “a dependant of” substitute “ a member of the family of ”.

(10) Until the commencement of the repeal of section 143 of the Immigration and Asylum Act 1999 (destruction of fingerprints) by paragraph 17(2) of Schedule 9 to the Immigration Act 2014, subsection (9) of that section has effect as if after “the person” there were inserted “ of whose family he is a member or ”.

(11) In section 144A(2) of the Immigration and Asylum Act 1999 (application of regulations about use and retention of fingerprints etc to dependants) after “the person” insert “ of whose family F is a member or ”.

Interpretation of Part

58

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

(2) In this Part “premises” and “item 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 (SI 1989/1341 (NI 12));

Detention and bail

Guidance on detention of vulnerable persons

59

(1) The Secretary of State must issue guidance specifying matters to be taken into account by a person to whom the guidance is addressed in determining—

(a) whether a person (“P”) would be particularly vulnerable to harm if P were to be detained or to remain in detention, and

(b) if P is identified as being particularly vulnerable to harm in those circumstances, whether P should be detained or remain in detention.

(2) In subsection (1) “detained” means detained under—

(a) the Immigration Act 1971,

(b) section 62 of the Nationality, Immigration and Asylum Act 2002, or

and “detention” is to be construed accordingly.

(3) A person to whom guidance under this section is addressed must take the guidance into account.

(4) Before issuing guidance under this section the Secretary of State must lay a draft of the guidance before Parliament.

(5) Guidance under this section comes into force in accordance with regulations made by the Secretary of State.

(6) The Secretary of State may from time to time review guidance under this section and may revise and re-issue it.

(7) References in this section to guidance under this section include revised guidance.

Limitation on detention of pregnant women

60

(1) This section applies to a woman if the Secretary of State is satisfied that the woman is pregnant.

(2) A woman to whom this section applies may not be detained under a relevant detention power unless the Secretary of State is satisfied that—

(a) the woman will shortly be removed from the United Kingdom, or

(b) there are exceptional circumstances which justify the detention.

(3) In determining whether to authorise the detention under a relevant detention power of a woman to whom this section applies, a person who, apart from this section, has power to authorise the detention must have regard to the woman's welfare.

(4) A woman to whom this section applies may not be detained under a relevant detention power for a period of—

(a) more than 72 hours from the relevant time, or

(b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

(5) In subsection (4) “the relevant time” means the later of—

(a) the time at which the Secretary of State is first satisfied that the woman is pregnant, and

(b) the time at which the detention begins.

(6) A woman to whom this section applies who has been released following detention under a relevant detention power may be detained again under such a power in accordance with this section.

(7) This section does not apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule applies.

(8) In this section—

“relevant detention power” means a power to detain under—paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal),paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation),section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), orsection 36(1) of the UK Borders Act 2007 (detention pending deportation);

“woman” means a female of any age.

(9) The Immigration Act 1971 is amended in accordance with subsections (10) and (11).

(10) In paragraph 16 of Schedule 2 (detention of persons liable to examination or removal) after sub-paragraph (2A) insert—

(2B) The detention under sub-paragraph (2) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

(11) In paragraph 2 of Schedule 3 (detention or control pending deportation) after sub-paragraph (4) insert—

(4ZA) The detention under sub-paragraph (1), (2) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

(12) In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) after subsection (7) insert—

(7A) The detention under this section of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

(13) In section 36 of the UK Borders Act 2007 (detention) after subsection (2) insert—

(2A) The detention under subsection (1) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.

Immigration bail

61

(1) Schedule 10 (immigration bail) has effect.

(2) In that Schedule—

(a) Part 1 contains the main provisions about immigration bail, and

(b) Part 2 contains amendments to other Acts.

(3) A person may be released and remain on bail under paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 even if the person can no longer be detained under a provision of the Immigration Acts to which that paragraph applies, if the person is liable to detention under such a provision.

(4) The reference in subsection (3) to paragraph 22 or 29 of Schedule 2 to the Immigration Act 1971 includes that paragraph as applied by any other provision of the Immigration Acts.

(5) Subsections (3) and (4) are to be treated as always having had effect.

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