Immigration Bill (HC Bill 74)

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(c) any person who has appealed before that day against a decision not
to provide support for the person under that section, or a decision
not to continue to provide support for the person under that section,
and whose appeal has not been determined or withdrawn before that
5day.

(2) Where by virtue of sub-paragraph (1) a person is provided with support
under section 95 of the Immigration and Asylum Act 1999 by virtue of
section 94(5) of that Act on or after the day on which paragraph 7(5) comes
into force, section 103 of that Act (appeals) does not apply in relation to any
10decision not to continue to provide that support for that person which is
made on or after that day.

46 Schedule 3 to the Nationality, Immigration and Asylum Act 2002
(withholding and withdrawal of support) has effect as if—

(a) after paragraph 7A there were inserted—

15“Sixth class of ineligible person: transitional cases

7B (1) Paragraph 1 applies to a person if—

(a) the person is a transitionally-supported person (see
sub-paragraph (3)),

(b) the Secretary of State has certified that, in the
20Secretary of State’s opinion, the person has failed
without reasonable excuse to take reasonable
steps—

(i) to leave the United Kingdom voluntarily, or

(ii) to place himself in a position in which he is
25able to leave the United Kingdom
voluntarily,

(c) the person has received a copy of the Secretary of
State’s certificate, and

(d) the period of 14 days, beginning with the date on
30which the person receives the copy of the
certificate, has elapsed.

(2) Paragraph 1 also applies to a dependant of a person to
whom that paragraph applies by virtue of sub-paragraph
(1).

(3) 35A person is a “transitionally-supported person” if—

(a) accommodation is provided for the person by
virtue of section 4 of the Immigration and Asylum
Act 1999 as that section has effect by virtue of
paragraph 44 of Schedule 6 to the Immigration Act
402016, or

(b) support is provided for the person under section 95
of the Immigration and Asylum Act 1999 by virtue
of section 94(5) of that Act, as that provision has
effect by virtue of paragraph 45 of that Schedule.

(4) 45For the purpose of sub-paragraph (1)(d), if the Secretary of
State sends a copy of a certificate by first class post to a
person’s last known address, the person is treated as

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receiving the copy on the second day after the day on
which it was posted.

(5) The Secretary of State may by regulations vary the period
specified in sub-paragraph (1)(d).”, and

(b) 5in paragraph 14 (information), references to paragraph 7 included a
reference to the paragraph 7B treated as inserted by this Schedule.

Section 35

SCHEDULE 7 Penalties relating to airport control areas

1 This is the Part 1A of Schedule 2 to the Immigration Act 1971 referred to in
10section 35(2)—

“Part 1A Penalty for breach of paragraph 26(2) or (3)

28 Penalty for breach of paragraph 26(2) or (3)

(1) Sub-paragraph (2) applies where the Secretary of State has given
15written notice under paragraph 26(2) to the owner or agent of an
aircraft—

(a) designating a control area for the embarkation or
disembarkation of passengers in an airport in the United
Kingdom, and

(b) 20specifying conditions or restrictions to be observed in the
control area.

(2) The Secretary of State may impose a penalty on the owner or agent
if the owner or agent fails to take all reasonable steps to secure
that—

(a) 25passengers embarking on or disembarking from the
aircraft at the airport do not embark or disembark at the
airport outside the control area, or

(b) the conditions or restrictions specified in the notice are
observed.

(3) 30Sub-paragraph (4) applies where the Secretary of State has given
written notice under paragraph 26(3) to a person concerned with
the management of an airport in the United Kingdom—

(a) designating a control area in the airport, and

(b) specifying conditions or restrictions to be observed in the
35control area.

(4) The Secretary of State may impose a penalty on the person if the
person fails to take all reasonable steps to secure that the
conditions or restrictions specified in the notice are observed.

(5) The Secretary of State may impose a separate penalty under sub-
40paragraph (2) or (4) in respect of each failure of the kind
mentioned in that sub-paragraph.

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(6) The amount of a penalty imposed under sub-paragraph (2) or (4)
may be such an amount as the Secretary of State considers
appropriate; but the amount of each penalty must not exceed the
prescribed maximum.

28A 5Codes of practice

(1) The Secretary of State must issue a code of practice to be followed
by—

(a) agents and operators of aircraft to whom notices under
paragraph 26(2) have been given, and

(b) 10persons concerned with the management of airports in the
United Kingdom to whom notices under paragraph 26(3)
have been given.

(2) The Secretary of State must have regard to the code (in addition to
any other matters the Secretary of State thinks relevant)—

(a) 15when deciding whether to impose a penalty under
paragraph 28, and

(b) when considering a notice of objection under paragraph
28C.

(3) The Secretary of State must issue a code of practice specifying
20matters to be considered in determining the amount of a penalty
under paragraph 28.

(4) The Secretary of State must have regard to the code (in addition to
any other matters the Secretary of State thinks relevant)—

(a) when imposing a penalty under paragraph 28, and

(b) 25when considering a notice of objection under paragraph
28C.

(5) Before issuing a code under this paragraph the Secretary of State
must lay the code before Parliament.

(6) A code under this paragraph comes into force in accordance with
30provision made by regulations made by the Secretary of State.

(7) The Secretary of State may from time to time review a code under
this paragraph and may revise and re-issue it following a review.

(8) References in sub-paragraphs (5) and (6) to a code include a
revised code.

28B 35Penalty notices

(1) If the Secretary of State decides that a person is liable to a penalty
under paragraph 28, the Secretary of State must notify the person
of that decision.

(2) A notice under sub-paragraph (1) (a “penalty notice”) must—

(a) 40be in writing,

(b) state why the Secretary of State thinks the recipient is liable
to the penalty,

(c) state the amount of the penalty,

(d) specify the date on which the penalty notice is given,

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(e) specify the date, at least 28 days after the date specified in
the notice as the date on which it is given, before which the
penalty must be paid,

(f) specify how the penalty must be paid,

(g) 5include an explanation of the steps that the person may
take if the person objects to the penalty (including
specifying the manner and form in which any notice of
objection must be given to the Secretary of State), and

(h) include an explanation of the steps the Secretary of State
10may take to recover any unpaid penalty.

28C Objections

(1) The recipient of a penalty notice (“the recipient”) may object to the
penalty notice by giving a notice of objection to the Secretary of
State.

(2) 15A notice of objection must—

(a) be in writing,

(b) give the reasons for the objection,

(c) be given in the manner and form specified in the penalty
notice, and

(d) 20be given before the end of the period of 28 days beginning
with the date specified in the penalty notice as the date on
which it is given.

(3) Where the Secretary of State receives a notice of objection, the
Secretary of State must consider it and—

(a) 25cancel the penalty,

(b) reduce the penalty,

(c) increase the penalty, or

(d) determine not to alter the penalty.

(4) After reaching a decision as to how to proceed under sub-
30paragraph (3), the Secretary of State must notify the recipient of
the decision in writing.

(5) A notification under sub-paragraph (4) must be given before the
end of the period of 70 days beginning with the date specified in
the penalty notice as the date on which it is given, or such longer
35period as the Secretary of State may agree with the recipient.

(6) A notification under sub-paragraph (4), other than one notifying
the recipient that the Secretary of State has decided to cancel the
penalty, must—

(a) state the amount of the penalty following the Secretary of
40State’s consideration of the notice of objection,

(b) state the Secretary of State’s reasons for the decision under
sub-paragraph (3),

(c) specify the date, at least 28 days after the date on which the
notification is given, before which the penalty must be
45paid,

(d) specify how the penalty must be paid,

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(e) include an explanation of the recipient’s rights of appeal,
and

(f) include an explanation of the steps the Secretary of State
may take to recover any unpaid penalty.

28D 5Appeals

(1) A person (“the appellant”) may appeal to the court against a
decision to require the person to pay a penalty under paragraph
28.

(2) An appeal may be brought only if the appellant has given a notice
10of objection and the Secretary of State has—

(a) reduced the penalty under paragraph 28C(3)(b),

(b) increased the penalty under paragraph 28C(3)(c), or

(c) determined not to alter the penalty under paragraph
28C(3)(d).

(3) 15An appeal must be brought within the period of 28 days beginning
with the date on which the appellant is notified of the Secretary of
State’s decision on the notice of objection under paragraph 28C(4).

(4) On appeal, the court may—

(a) allow the appeal and cancel the penalty,

(b) 20allow the appeal and reduce the penalty, or

(c) dismiss the appeal.

(5) An appeal is to be a re-hearing of the Secretary of State’s decision
to impose a penalty and is to be determined having regard to—

(a) any code of practice under paragraph 28A(1) which had
25effect at the time of the events to which the penalty relates,

(b) any code of practice under paragraph 28A(3) which has
effect at the time of the appeal, and

(c) any other matters which the court thinks relevant (which
may include matters of which the Secretary of State was
30unaware).

(6) Sub-paragraph (5) has effect despite any provision of rules of
court.

(7) In this paragraph “the court” means—

(a) the county court, if the appeal relates to a penalty imposed
35under paragraph 28 in relation to an airport in England
and Wales;

(b) the sheriff, if the appeal relates to a penalty imposed under
paragraph 28 in relation to an airport in Scotland;

(c) a county court in Northern Ireland, if the appeal relates to
40a penalty imposed under paragraph 28 in relation to an
airport in Northern Ireland.

(8) But—

(a) the county court in England and Wales, or a county court
in Northern Ireland, may transfer proceedings under this
45paragraph to the High Court, and

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(b) the sheriff may transfer proceedings under this paragraph
to the Court of Session.

28E Enforcement

(1) This section applies where a sum is payable to the Secretary of
5State as a penalty under paragraph 28.

(2) In England and Wales the penalty is recoverable as if it were
payable under an order of the county court in England and Wales.

(3) In Scotland the penalty may be enforced in the same manner as an
extract registered decree arbitral bearing a warrant for execution
10issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland the penalty is recoverable as if it were payable
under an order of a county court in Northern Ireland.

(5) Where action is taken under this paragraph for the recovery of a
sum payable as a penalty under this Chapter, the penalty is—

(a) 15in relation to England and Wales, to be treated for the
purposes of section 98 of the Courts Act 2003 (register of
judgments and orders etc) as if it were a judgment entered
in the county court;

(b) in relation to Northern Ireland, to be treated for the
20purposes of Article 116 of the Judgments Enforcement
(Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)S.I. 1981/226 (N.I. 6))
(register of judgments) as if it were a judgment in respect
of which an application has been accepted under Article 22
or 23(1) of that Order.

(6) 25Money paid to the Secretary of State by way of a penalty under paragraph
28 must be paid into the Consolidated Fund.

28F Service of documents

(1) A document which is to be issued or served on a person outside
the United Kingdom for the purposes of paragraph 28B or 28C or
30in the course of proceedings under paragraph 28E may be issued
or served—

(a) in person,

(b) by post,

(c) by facsimile transmission,

(d) 35by e-mail, or

(e) in any other prescribed manner.

(2) The Secretary of State may by regulations provide that a document
issued or served in a manner listed in sub-paragraph (1) in
accordance with the regulations is to be taken to have been
40received at a time specified by or determined in accordance with
the regulations.

28G Interpretation of this Part of this Schedule

In this Part of this Schedule—

  • “penalty notice” has the meaning given by paragraph 28B(2);

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  • “prescribed” means prescribed by regulations made by the
    Secretary of State.

28H Regulations under this Part of this Schedule

(1) Regulations under this Part of this Schedule are to be made by
5statutory instrument.

(2) A statutory instrument containing regulations under this Part of
this Schedule is subject to annulment in pursuance of a resolution
of either House of Parliament.

(3) Regulations under this Part of this Schedule—

(a) 10may make different provision for different purposes;

(b) may make incidental, supplementary, consequential,
transitional, transitory or saving provision.”

Section 36

SCHEDULE 8 Maritime enforcement

1 15The Immigration Act 1971 is amended as follows.

2 In section 25(1) (offence of assisting unlawful immigration to member State),
in paragraphs (a) and (b) after “breach” insert “or attempted breach”.

3 In section 25A (helping an asylum-seeker to enter United Kingdom) in
subsection (1)(a)—

(a) 20after “arrival” insert “or attempted arrival”, and

(b) after “entry” insert “or attempted entry”.

4 In section 25B (assisting entry to United Kingdom in breach of deportation
or exclusion order)—

(a) in subsection (1), in paragraphs (a) and (b) after “breach” insert “or
25attempted breach”,

(b) for subsection (2) substitute—

(2) Subsection (3) applies where the Secretary of State has made
an order excluding an individual from the United Kingdom
on the grounds of public policy, public security or public
30health, other than a temporary exclusion order.”

(c) in subsection (3)—

(i) in paragraphs (a) and (b) after “remain” insert “, or attempt to
arrive in, enter or remain,”;

(ii) at the end of paragraph (a) insert “and”;

(iii) 35omit the word “and” at the end of paragraph (b);

(iv) in paragraph (c) for the words from “personally” to the end
substitute “made an order excluding the individual from the
United Kingdom on the grounds of public policy, public
security or public health”; and

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(d) after subsection (4) insert—

(5) In this section a “temporary exclusion order” means an order
under section 2 of the Counter-Terrorism and Security Act
2015.”

5 5In section 28 (proceedings) after subsection (2) insert—

(2A) Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of
Secretary of State for certain prosecutions) does not apply to
proceedings for an offence under section 25, 25A or 25B.”

6 In section 28A (arrest without warrant) in paragraphs (a) and (b) after
10“committed” insert “or attempted to commit”.

7 After Part 3 insert—

“Part 3A

Maritime enforcement

28M Enforcement powers in relation to ships: England and Wales

(1) An immigration officer, an English and Welsh constable or an
15enforcement officer may exercise the powers set out in Part 1 of
Schedule 4A (“Part 1 powers”) in relation to any of the following in
England and Wales waters—

(a) a United Kingdom ship;

(b) a ship without nationality;

(c) 20a foreign ship;

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

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

(a) for the purpose of preventing, detecting, investigating or
prosecuting an offence under section 25, 25A or 25B, and

(b) 25in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before an
immigration officer, an English and Welsh constable or an
enforcement officer may exercise Part 1 powers in relation to a
foreign ship, or a ship registered under the law of a relevant territory,
30within the territorial sea adjacent to the United Kingdom.

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

28N Enforcement powers in relation to ships: Scotland

(1) 35An immigration officer, a Scottish constable or an enforcement
officer may exercise the powers set out in Part 2 of Schedule 4A
(“Part 2 powers”) in relation to any of the following in Scotland
waters—

(a) a United Kingdom ship;

(b) 40a ship without nationality;

(c) a foreign ship;

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

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

(a) for the purpose of preventing, detecting, investigating or
prosecuting an offence under section 25, 25A or 25B, and

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

(3) 5The authority of the Secretary of State is required before an
immigration officer, a Scottish constable or an enforcement officer
may exercise Part 2 powers in relation to a foreign ship, or a ship
registered under the law of a relevant territory, within the territorial
sea adjacent to the United Kingdom.

(4) 10Authority for the purposes of subsection (3) may be given in relation
to a foreign ship only if the Convention permits the exercise of Part 2
powers in relation to the ship.

28O Enforcement powers in relation to ships: Northern Ireland

(1) An immigration officer, a Northern Ireland constable or an
15enforcement officer may exercise the powers set out in Part 3 of
Schedule 4A (“Part 3 powers”) in relation to any of the following in
Northern Ireland waters—

(a) a United Kingdom ship;

(b) a ship without nationality;

(c) 20a foreign ship;

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

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

(a) for the purpose of preventing, detecting, investigating or
prosecuting an offence under section 25, 25A or 25B, and

(b) 25in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before a Northern
Ireland constable or an enforcement officer may exercise Part 3
powers in relation to a foreign ship, or a ship registered under the
law of a relevant territory, within the territorial sea adjacent to the
30United Kingdom.

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

28P Hot pursuit of ships in United Kingdom waters

(1) 35An immigration officer, an English and Welsh constable or an
enforcement officer may exercise Part 1 powers in relation to a ship
in Scotland waters or in Northern Ireland waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in
40England and Wales waters, and

(c) the condition in subsection (7) is met.

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

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

(b) 45(if relevant) in accordance with subsections (3) and (4) of that
section.

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(3) An immigration officer, a Scottish constable or an enforcement
officer may exercise Part 2 powers in relation to a ship in England
and Wales waters or in Northern Ireland waters if—

(a) the ship is pursued there,

(b) 5immediately before the pursuit of the ship, the ship was in
Scotland waters, and

(c) the condition in subsection (7) is met.

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

(a) for the purpose mentioned in subsection (2)(a) of section 28N,
10and

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

(5) An immigration officer, a Northern Ireland constable or an
enforcement officer may exercise Part 3 powers in relation to a ship
15in England and Wales waters or in Scotland waters if—

(a) the ship is pursued there,

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

(c) the condition in subsection (7) is met.

(6) 20Part 3 powers may be exercised under subsection (5) only—

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

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

(7) 25The condition referred to in subsection (1)(c), (3)(c) and (5)(c) is
that—

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

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

(8) 30The signal referred to in subsection (7)(a) must be given in such a
way as to be audible or visible from the ship.

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

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

(b) 35the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

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

28Q Interpretation of Part 3A

(1) 40In this Part—

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

  • 45“enforcement officer” means—

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    (a)

    a person who is a commissioned officer of any of Her
    Majesty’s ships, or

    (b)

    person in command or charge of any aircraft or
    hovercraft of the Royal Navy, the Army or the Royal
    5Air Force;

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

  • “English and Welsh constable” means only a person who is—

    (a)

    10a member of a police force in England and Wales,

    (b)

    a member of the British Transport Police Force, or

    (c)

    a port constable, within the meaning of section 7 of
    the Marine Navigation Act 2013, or a person
    appointed to act as a constable under provision made
    15by virtue of section 16 of the Harbours Act 1964.

  • “foreign ship” means a ship which—

    (a)

    is registered in a State other than the United
    Kingdom, or

    (b)

    is not so registered but is entitled to fly the flag of a
    20State other than the United Kingdom;

  • “home state”, in relation to a foreign ship, means—

    (a)

    the State in which the ship is registered, or

    (b)

    the State whose flag the ship is otherwise entitled to
    fly;

  • 25“Northern Ireland constable” means a member of the Police
    Service of Northern Ireland or the Police Service of Northern
    Ireland Reserve;

  • “Northern Ireland waters” means the sea and other waters
    within the seaward limits of the territorial sea adjacent to
    30Northern Ireland;

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

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

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

  • “relevant territory” means—

    (a)

    the Isle of Man;

    (b)

    any of the Channel Islands;

    (c)

    40a British overseas territory;

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

  • “Scotland waters” means the sea and other waters within the
    45seaward limits of the territorial sea adjacent to Scotland;

  • “ship” includes every description of vessel (including a
    hovercraft) used in navigation;

  • “ship without nationality” means a ship which—

    (a)

    is not registered in, or otherwise entitled to fly the flag
    50of, any State or relevant territory, or

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    (b)

    sails under the flags of two or more States or relevant
    territories, or under the flags of a State and relevant
    territory, using them according to convenience;

  • “United Kingdom ship” means a ship which—

    (a)

    5is registered under Part 2 of the Merchant Shipping
    Act 1995,

    (b)

    is a Government ship within the meaning of that Act,

    (c)

    is not registered in any State or relevant territory but
    is wholly owned by persons each of whom has a
    10United Kingdom connection, or

    (d)

    is registered under an Order in Council under section
    1 of the Hovercraft Act 1968.

(2) For the purposes of paragraph (c) of the definition of “United
Kingdom ship” in subsection (1), a person has a “United Kingdom
15connection” if the person is—

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

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

(c) 20a body corporate which is established under the law of a part
of the United Kingdom and has its principal place of business
in the United Kingdom.”

8 After Schedule 4 insert—

Sections 28M, 28N and 28O

“Schedule 4A Enforcement powers in relation to ships

25Part 1 England and Wales

Introductory

1 (1) This Part of this Schedule sets out the powers exercisable by
immigration officers, English and Welsh constables and
30enforcement officers (referred to in this Part of this Schedule as
“relevant officers”) under sections 28M and 28P(1).

(2) In this Part of this Schedule—

  • “items subject to legal privilege” has the same meaning as in
    the Police and Criminal Evidence Act 1984 (see section 10
    35of that Act);

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

Power to stop, board, divert and detain

2 (1) This paragraph applies if a relevant officer has reasonable
40grounds to suspect that—

(a) an offence under section 25, 25A or 25B is being, or has
been, committed on the ship, or

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

(2) The relevant officer may—

(a) stop the ship;

(b) 5board the ship;

(c) require the ship to be taken to a port in the United
Kingdom and detained there.

(3) The relevant officer may require the master of the ship, or any
member of its crew, to take such action as is necessary for the
10purposes of sub-paragraph (2)(c).

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

(5) The notice must state that the ship is to be detained until the notice
is withdrawn by the giving of a further notice in writing signed by
15a relevant officer.

Power to search and obtain information

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

(a) 20to an offence under section 25, 25A and 25B, or

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

(2) The relevant officer may search—

(a) the ship;

(b) 25anyone on the ship;

(c) anything on the ship (including cargo).

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

(4) 30The power to search conferred by sub-paragraph (2)—

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

(b) in the case of a search of a person, does not authorise a
35relevant officer to require the person to remove any
clothing in public other than an outer coat, jacket or gloves.

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

(a) open any containers;

(b) 40require the production of documents, books or records
relating to the ship or anything on it (but not including
anything the relevant officer has reasonable grounds to
believe to be an item subject to legal privilege);

(c) make photographs or copies of anything the production of
45which the relevant officer has power to require.

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

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

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

10Power of arrest and seizure

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

(2) The relevant officer may arrest without warrant anyone whom the
15constable or officer has reasonable grounds for suspecting to be
guilty of the offence.

(3) The relevant officer may seize and detain anything found on the
ship which appears to the officer to be evidence of the offence (but
not including anything that the constable or officer has reasonable
20grounds to believe to be an item subject to legal privilege).

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

Protective searches of persons

5 (1) A relevant officer may search a person found on the ship for
25anything which the officer has reasonable grounds to believe the
person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(2) 30The power conferred by sub-paragraph (1) may be exercised—

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

(b) only to the extent that it is reasonably required for the
35purpose of discovering any such thing.

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

(a) cause physical injury,

(b) cause damage to property, or

(c) 40endanger the safety of any ship.

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

(5) A power conferred by this paragraph to search a person does not
authorise a relevant officer to require the person to remove any

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clothing in public other than an outer coat, jacket or gloves, but it
does authorise the search of a person’s mouth.

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

5Search for nationality documents

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

(2) The relevant officer may search a person found on the ship where
the officer has reasonable grounds to believe that a nationality
10document is concealed on the person.

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

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

(b) only to the extent that it is reasonably required for the
15purpose of discovering any such document.

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

(5) 20The power to retain a nationality document in sub-paragraph (4)
does not affect any other power of an immigration officer to retain
a document.

(6) Where the nationality document has been seized and retained by
a relevant officer who is not an immigration officer, the document
25must be passed to an immigration officer as soon as is practicable
after the ship has arrived in the United Kingdom.

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

(a) require the person to remove any clothing in public other
30than an outer coat, jacket or gloves, or

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

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

(a) 35establish the person’s identity, nationality or citizenship,
or

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

(9) 40A power conferred by this paragraph may be exercised on the ship
or elsewhere.

Assistants

7 (1) A relevant officer may—

(a) be accompanied by other persons, and

Immigration BillPage 115

(b) take equipment or materials,

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

(2) A person accompanying a relevant officer under sub-paragraph
5(1) may perform any of the officer’s functions under this Part of
this Schedule, but only under the officer’s supervision.

Reasonable force

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

10Evidence of authority

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

Protection of constables and enforcement officers

10 A relevant officer is not liable in any criminal or civil proceedings
15for anything done in the purported performance of functions
under this Part of this Schedule if the court is satisfied that—

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

(b) there were reasonable grounds for doing it.

Offences

11 (1) 20A person commits an offence under the law of England and Wales
if the person—

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

(b) 25fails without reasonable excuse to comply with a
requirement made by a relevant officer in the performance
of those functions.

(2) A person who provides information in response to a requirement
made by a relevant officer in the performance of functions under
30this Part of this Schedule commits an offence under the law of
England and Wales if—

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

(b) the person intentionally fails to disclose any material
35particular.

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

(4) A person guilty of an offence under this paragraph is liable on
40summary conviction to imprisonment for a term not exceeding 51
weeks, to a fine or to both.

(5) In the application of sub-paragraph (4) in relation to an offence
committed before the coming into force of section 281(5) of the

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Criminal Justice Act 2003 the reference to 51 weeks is to be read as
a reference to 6 months.

Part 2 Scotland