Immigration Bill (HC Bill 96)

Immigration BillPage 140

Power to search and obtain information

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

(a) 5to an offence under section 25, 25A or 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) 10anyone 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) 15The 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
20relevant 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) 25require 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
30which 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
provision of the documents, books or records in a form in which
35they 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.

40Power of arrest and seizure

15 (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.

Immigration BillPage 141

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

(3) The relevant officer may seize and retain anything found on the
5ship which appears to the officer to be evidence of the offence (but
not including anything that the officer has reasonable grounds to
believe to be an item subject to legal privilege).

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

10Protective searches of persons

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

(a) cause physical injury,

(b) 15cause damage to property, or

(c) endanger 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
20concealed on the person; and

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

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

(a) 25cause physical injury,

(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) 30A 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
35or elsewhere.

Search for nationality documents

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

(2) The relevant officer may search a person found on the ship where
40the 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

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

(4) Subject as follows, the officer may seize and retain a nationality
document for as long as the officer believes the person to whom it
5relates will arrive in the United Kingdom by virtue of the exercise
of the power in paragraph 13.

(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) 10Where the nationality document has been seized and retained by
a 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
15not authorise a relevant officer to—

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

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

(8) 20In this paragraph a “nationality document”, in relation to a person,
means any document which might—

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

(b) indicate the place from which the person has travelled to
25the United Kingdom or to which the person is proposing
to go.

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

Assistants

18 (1) 30A relevant officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

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

(2) 35A person accompanying a relevant officer under sub-paragraph
(1) may perform any of the officer’s functions under this Part of
this Schedule, but only under the officer‘s supervision.

Reasonable force

19 A relevant officer may use reasonable force, if necessary, in the
40performance of functions under this Part of this Schedule.

Evidence of authority

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

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Protection of relevant officers

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

(a) 5the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

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

(a) 10intentionally obstructs a relevant officer in the
performance of functions under this Part of this Schedule,
or

(b) fails without reasonable excuse to comply with a
requirement made by a relevant officer in the performance
15of those functions.

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

(a) 20the information is false in a material particular, and the
person either knows it is or is reckless as to whether it is, or

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

(3) A relevant officer may arrest without warrant anyone whom the
25officer has reasonable grounds for suspecting to be guilty of an
offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on
summary conviction to imprisonment for a term not exceeding 12
months, to a fine not exceeding level 5 on the standard scale or to
30both.

Part 3 Northern Ireland

Introductory

23 (1) This Part of this Schedule sets out the powers exercisable by
35immigration officers, Northern Ireland constables and
enforcement officers (referred to in this Part of this Schedule as
“relevant officers”) under sections 28O and 28P(5).

(2) In this Part of this Schedule—

  • “items subject to legal privilege” has the same meaning as in
    40the Police and Criminal Evidence (Northern Ireland)
    Order 1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12)) (see Article 12 of that
    Order);

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

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Power to stop, board, divert and detain

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

(a) an offence under section 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

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

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

26 (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
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

27 (1) 30The 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

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

(2) The relevant officer may search a person found on the ship where
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 24.

(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

29 (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

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

15Evidence of authority

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

Protection of relevant officers

32 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

33 (1) 25A person commits an offence under the law of Northern Ireland 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
Northern Ireland 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 6
months, to a fine not exceeding level 5 on the standard scale or to
both.”

Section 54

SCHEDULE 12 Civil registration fees

10Part 1 Powers to make regulations for the charging of fees

Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)

1 Before section 72 of the Marriage Act 1949 (but after the heading of Part 6 of
that Act) insert—

71A 15Fees

(1) The Secretary of State may by regulations provide for fees to be
payable to such persons as may be prescribed in respect of—

(a) the giving of notice of a marriage to a superintendent
registrar;

(b) 20an application for the reduction of the waiting period in
relation to a notice of marriage (see section 31(5A));

(c) the registration for the solemnization of marriages of a
building certified as required by law as a place of religious
worship, or the cancellation of such a registration;

(d) 25the authorisation of a person to be present at the
solemnization of marriages in such a building;

(e) the presence of a superintendent registrar or registrar at a
marriage (except in a case falling within section 51(1A));

(f) the delivery under section 57(1) of a certified copy of entries
30in a marriage register book;

(g) the carrying out of a search of—

(i) any marriage register book,

(ii) any index kept in relation to such a book, or

(iii) certified copies of entries in such a book;

(h) 35the provision of a certified copy, or other record of
information, relating to an entry in a marriage register book;

(i) the issue of the Registrar General’s licence under section 7 of
the Marriage (Registrar General’s Licence) Act 1970;

(j) such other marriage services as may be prescribed.

(2) 40Regulations under this section may—

(a) specify the amount of any fee payable under the regulations,
or

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(b) set out how such a fee is to be determined.

(3) Subsection (4) applies where the regulations provide for a fee to be
payable to a superintendent registrar or registrar.

(4) The regulations may provide for such part of the fee as may be
5specified by or determined in accordance with the regulations to be
payable by the superintendent registrar or registrar to the Registrar
General in prescribed circumstances.

(5) The regulations may provide for the reimbursement, reduction,
waiver or refund of part or all of a fee whether by conferring a
10discretion or otherwise.

(6) Regulations under this section must be made by statutory
instrument.

(7) Regulations under this section may—

(a) provide for exemptions from any of the provisions of the
15regulations;

(b) contain such consequential, incidental, supplemental and
transitional provision as the Secretary of State considers
appropriate.

(8) A statutory instrument containing regulations under this section is
20subject to annulment in pursuance of a resolution of either House of
Parliament.

(9) In this section—

  • “marriage services” means services in connection with
    marriages which are provided by or on behalf of the Registrar
    25General, a superintendent registrar or registrar;

  • “prescribed” means prescribed in regulations made under this
    section.”

Births and Deaths Registration Act 1953 (c. 20)Births and Deaths Registration Act 1953 (c. 20)

2 Before section 39 of the Births and Deaths Registration Act 1953 (but after the
30cross-heading above that section) insert—

38A Fees

(1) The Minister may by regulations provide for fees to be payable to
such persons as may be prescribed in respect of—

(a) the issue of a certificate under section 13(2);

(b) 35the carrying out of a search of—

(i) any register of births or register of deaths,

(ii) any index kept in relation to such a register, or

(iii) certified copies of entries in such a register;

(c) the provision of a certified copy, or other record of
40information, relating to an entry in a register of births or a
register of deaths;

(d) the provision of a short certificate of birth or a short certificate
of death (see sections 33 and 33A);

(e) such other birth or death registration services as may be
45prescribed.