Immigration Bill (HC Bill 96)

Immigration BillPage 130

(c) in subsection (3)—

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

(ii) in paragraph (c) for the words from “personally” to the end
5substitute “made an order excluding the individual from the
United Kingdom on the grounds of public policy, public
security or public health”, and

(d) after subsection (4) insert—

(5) In this section a “temporary exclusion order” means an order
10under section 2 of the Counter-Terrorism and Security Act
2015.”

5 In 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
15proceedings for an offence under section 25, 25A or 25B.”

6 In section 28A(3) (arrest without warrant) in paragraphs (a) and (b) after
“committed” insert “or attempted to commit”.

7 After Part 3 insert—

“Part 3A

Maritime enforcement

28M 20Enforcement powers in relation to ships: England and Wales

(1) An immigration officer, an English and Welsh constable or an
enforcement 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) 25a United Kingdom ship;

(b) a ship without nationality;

(c) a foreign ship;

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

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

(a) 30for 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) The authority of the Secretary of State is required before an
immigration officer, an English and Welsh constable or an
35enforcement officer may exercise Part 1 powers in relation to a
foreign ship, or a ship registered under the law of a relevant territory,
within the territorial sea adjacent to the United Kingdom.

(4) Authority for the purposes of subsection (3) may be given in relation
to a foreign ship only if the Convention permits the exercise of Part 1
40powers in relation to the ship.

28N Enforcement powers in relation to ships: Scotland

(1) An immigration officer, a Scottish constable or an enforcement
officer may exercise the powers set out in Part 2 of Schedule 4A

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(“Part 2 powers”) in relation to any of the following in Scotland
waters—

(a) a United Kingdom ship;

(b) a ship without nationality;

(c) 5a foreign ship;

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

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

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

(b) 10in accordance with the rest of this section.

(3) The 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
15sea adjacent to the United Kingdom.

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

28O Enforcement powers in relation to ships: Northern Ireland

(1) 20An immigration officer, a Northern Ireland constable or an
enforcement 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) 25a ship without nationality;

(c) a 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
30prosecuting an offence under section 25, 25A or 25B, and

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

(3) The authority of the Secretary of State is required before an
immigration officer, a Northern Ireland constable or an enforcement
officer may exercise Part 3 powers in relation to a foreign ship, or a
35ship registered under the law of a relevant territory, within the
territorial sea adjacent to the United Kingdom.

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

28P 40Hot pursuit of ships in United Kingdom waters

(1) An 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) 45immediately before the pursuit of the ship, the ship was in
England and Wales waters, and

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

(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) 10the ship is pursued there,

(b) immediately 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) 15for the purpose mentioned in subsection (2)(a) of section 28N,
and

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

(5) An immigration officer, a Northern Ireland constable or an
20enforcement officer may exercise Part 3 powers in relation to a ship
in England and Wales waters or in Scotland waters if—

(a) the ship is pursued there,

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

(c) 25the condition in subsection (7) is met.

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

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

(b) (if relevant) in accordance with subsections (3) and (4) of that
30section.

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

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

(b) 35the pursuit of the ship is not interrupted.

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

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

(a) 40the method of carrying out the pursuit, or

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

changes during the course of the pursuit.

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

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28Q Interpretation of Part 3A

(1) In this Part—

  • “the Convention” means the United Nations Convention on the
    Law of the Sea 1982 (Cmnd 8941) and any modifications of
    5that Convention agreed after the passing of this Act that have
    entered into force in relation to the United Kingdom;

  • “enforcement officer” means—

    (a)

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

    (b)

    10person in command or charge of any aircraft or
    hovercraft of the Royal Navy, the Army or the Royal
    Air Force;

  • “England and Wales waters” means the sea and other waters
    within the seaward limits of the territorial sea adjacent to
    15England and Wales;

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

    (a)

    a 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
    20the Marine Navigation Act 2013, or a person
    appointed to act as a constable under provision made
    by virtue of section 16 of the Harbours Act 1964;

  • “foreign ship” means a ship which—

    (a)

    is registered in a State other than the United
    25Kingdom, or

    (b)

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

  • “Northern Ireland constable” means a member of the Police
    Service of Northern Ireland or the Police Service of Northern
    30Ireland Reserve;

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

  • “Part 1 powers” means the powers set out in Part 1 of Schedule
    354A;

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

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

  • 40“relevant territory” means—

    (a)

    the Isle of Man;

    (b)

    any of the Channel Islands;

    (c)

    a British overseas territory;

  • “Scottish constable” means only a person who is a constable,
    45within 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
    seaward limits of the territorial sea adjacent to Scotland;

  • “ship” includes every description of vessel (including a
    50hovercraft) used in navigation;

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  • “ship without nationality” means a ship which—

    (a)

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

    (b)

    sails under the flags of two or more States or relevant
    5territories, or under the flags of a State and relevant
    territory, using them according to convenience;

  • “United Kingdom ship” means a ship which—

    (a)

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

    (b)

    10is 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
    United Kingdom connection, or

    (d)

    is registered under an Order in Council under section
    151 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
connection” if the person is—

(a) a British citizen, a British overseas territories citizen or a
20British Overseas citizen,

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

(c) a body corporate which is established under the law of a part
of the United Kingdom and has its principal place of business
25in the United Kingdom.”

8 After Schedule 4 insert—

Sections 28M, 28N and 28O

“Schedule 4A Enforcement powers in relation to ships

Part 1 England and Wales

30Introductory

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

(2) 35In 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
    of that Act);

  • “the ship” means the ship in relation to which the powers set
    40out in this Part of this Schedule are exercised.

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Power to stop, board, divert and detain

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

(a) an offence under section 25, 25A or 25B is being, or has
5been, committed on the ship, or

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

(2) The relevant officer may—

(a) stop the ship;

(b) 10board 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
15purposes 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
20a 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) 25to 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) 30anyone 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) 35The 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
40relevant 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;

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

(c) 5make photographs or copies of anything the production of
which the relevant officer has power to require.

(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
10provision of the documents, books or records in a form in which
they are legible and can be taken away.

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

(8) A power conferred by this paragraph may be exercised on the ship
15or elsewhere.

Power of arrest and seizure

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

(2) 20The relevant officer may arrest without warrant anyone whom the
constable or officer has reasonable grounds for suspecting to be
guilty of the offence.

(3) The relevant officer may seize and retain anything found on the
ship which appears to the officer to be evidence of the offence (but
25not including anything that the constable or officer has reasonable
grounds to believe to be an item subject to legal privilege).

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

Protective searches of persons

5 (1) 30A relevant officer may search a person found on the ship for
anything which the officer has reasonable grounds to believe the
person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(c) 35endanger the safety of any ship.

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

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

(b) 40only to the extent that it is reasonably required for the
purpose of discovering any such thing.

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

(a) cause physical injury,

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(b) cause damage to property, or

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

(6) A power conferred by this paragraph may be exercised on the ship
10or elsewhere.

Search for nationality documents

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

(2) The relevant officer may search a person found on the ship where
15the officer has reasonable grounds to believe that a nationality
document is concealed on the person.

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

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

(b) 20only to the extent that it is reasonably required for the
purpose of discovering any such document.

(4) Subject as follows, the officer may seize and retain a nationality
document for as long as the officer believes the person to whom it
relates will arrive in the United Kingdom by virtue of the exercise
25of the power in paragraph 2.

(5) The 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
30a relevant officer who is not an immigration officer, the document
must be passed to an immigration officer as soon as is practicable
after the ship has arrived in the United Kingdom.

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

(a) 35require the person to remove any clothing in public other
than an outer coat, jacket or gloves, or

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

(8) In this paragraph a “nationality document”, in relation to a person,
40means any document which might—

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

(b) indicate the place from which the person has travelled to
the United Kingdom or to which the person is proposing
45to go.

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

Assistants

7 (1) A relevant officer may—

(a) 5be accompanied by other persons, and

(b) take equipment or materials,

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

(2) A person accompanying a relevant officer under sub-paragraph
10(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.

15Evidence of authority

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

Protection of relevant officers

10 A relevant officer is not liable in any criminal or civil proceedings
20for 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) 25A 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) 30fails 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
35this 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
40particular.

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(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
5summary conviction to imprisonment for a term not exceeding 51
weeks, to a fine or to both.

(5) In the application of sub-paragraph (4) in relation to an offence
committed before the coming into force of section 281(5) of the
Criminal Justice Act 2003 the reference to 51 weeks is to be read as
10a reference to 6 months.

Part 2 Scotland

Introductory

12 (1) This Part of this Schedule sets out the powers exercisable by
15immigration officers, Scottish constables and enforcement officers
(referred to in this Part of this Schedule as “relevant officers”)
under sections 28N and 28P(3).

(2) In this Part of this Schedule—

  • “items subject to legal privilege” has the same meaning as in
    20Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see
    section 412 of that Act);

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

Power to stop, board, divert and detain

13 (1) 25This paragraph applies if a relevant officer has reasonable
grounds to suspect that—

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

(b) the ship is otherwise being used in connection with the
30commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port in the United
35Kingdom 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
purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any
40ship detained under this paragraph.

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