Immigration Bill (HC Bill 96)

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
5after 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
10been 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
15offence 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
20an 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
25is 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
30the 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
35returned—

(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
40an 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) 45In 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,

(c) an enactment contained, or in an instrument made under, a Measure or
Act of the National Assembly for Wales, and

(d) 5an enactment contained in, or in an instrument made under, Northern
Ireland legislation.

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

After section 28H of the Immigration Act 1971 insert—

“28ZI Retention of seized material

(1) 10This 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) 15may 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
20there 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.””

25 Search for nationality documents by detainee custody officers etc

(1) 25The 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) 30a 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
353(6) of the Immigration Act 1971,

(b) in respect of whom the Secretary of State has made, or intends to make,
a deportation order under section 5(1) of that Act, or

(c) in respect of whom the Secretary of State must make, or has made, a
deportation order under section 32(5) of the UK Borders Act 2007.

(3) 40In this section and section 26 “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.

(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) 5The 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) 10to 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) 15anything the person has with him or her;

(c) the person’s accommodation in the removal centre, short-term holding
facility, prison or young offender institution;

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

(8) 20A strip 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) 25A 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) 30The 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
35Acts, 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
40(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
45subsection 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 26—

• “intimate search” means a search which consists of a physical examination
  5of a person’s body orifices other than the mouth;

• “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;

• 10“strip search” means a search which involves the removal of an item of
  clothing which—

  (a)

  is being worn wholly or partly on the trunk, and

  (b)

  is being so worn either next to the skin or next to an article of
  underwear.

(16) 15For the purposes of this section and section 26 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 7 of
the Immigration and Asylum Act 1999 (see section 147)—

• 20“detained person”;

• “detainee custody officer”;

• “prisoner custody officer”;

• “removal centre”;

• “short-term holding facility”.

26 25Seizure of nationality documents by detainee custody officers etc

(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 25.

(2) Where a relevant officer seizes a nationality document under subsection (1),
30the 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) 35The 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
40Immigration 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
5subsection 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
10into 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) 15retention 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) 20if 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.

27 Amendments relating to sections 25 and 26

(1) Schedule 11 to the Immigration and Asylum Act 1999 (detainee custody
25officers) 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 25 of the
30Immigration 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) 35performing functions under section 25 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
40performing functions under section 25 of the Immigration Act 2016
includes a reference to a prison officer or prisoner custody officer
performing such functions.””

28 Amendments to search warrant provisions

Schedule 5 (amendments to search warrant provisions) has effect.

29 Supply of information to Secretary of State

(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
5State”.

(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) 10In 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) 15information 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,
20document 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) 25anything 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) 30Her 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) 35the 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) 40After 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 Duty to supply nationality documents to Secretary of State

(1) This section applies to a nationality document which the Secretary of
State has reasonable grounds for believing is lawfully in the possession
5of 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
10provision 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
15person 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) 20the 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) 25Subsection (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
30under 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) 35Subsection (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) 40Nothing 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) 5the 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
10in 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
15United 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
20A1 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,

25are 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
30(5A),”.”

(13) Before Schedule 1 to the Immigration and Asylum Act 1999 insert the Schedule
A1 set out in Schedule 6.

30 Detention etc. by immigration officers in Scotland

(1) Section 26B(1) of the Criminal Law (Consolidation) (Scotland) Act 1995
35(interpretation of Part 3) is amended as follows.

(2) In the definition of “immigration offence”—

(a) after “means” insert “— (a)”, and

(b) at the end of paragraph (a) insert “, or

(b) (insofar as it is not an offence within paragraph (a)) an
40offence under the Immigration Acts or in relation to
which a power of arrest is conferred on an immigration
officer by the Immigration Acts;”.”

(3) In the definition of “immigration enforcement offence”, omit paragraph (a).

31 Interpretation of Part

(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) 5In 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
10(Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12));

(c) in relation to Scotland, as in section 412 of the Proceeds of Crime Act
2002.

Immigration bail

32 Immigration bail

(1) 15Schedule 7 (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
20Schedule 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
25provision of the Immigration Acts.

(5) The amendment made by subsection (3) is to be treated as always having had
effect.

(6) Subsections (3) to (5) are repealed on the coming into force of the repeal of
paragraphs 22 and 29 of Schedule 2 to the Immigration Act 1971 by paragraph
3016 of Schedule 7.

Power to cancel leave

33 Power to cancel leave extended under section 3C of the Immigration Act 1971

(1) In section 3C of the Immigration Act 1971 (continuation of leave pending
variation decision) after subsection (3) insert—

“(3A) 35Leave extended by virtue of this section may be cancelled if the
applicant—

(a) has failed to comply with a condition attached to the leave, or

(b) has used or uses deception in seeking leave to remain (whether
successfully or not).””

(2) In section 4(1) of that Act (persons by whom and means by which powers are
to be exercised) after “conditions)” insert “or to cancel any leave under section
3C(3A)”.

Part 4 5Appeals

34 Appeals within the United Kingdom: certification of human rights claims

(1) Section 94B of the Nationality, Immigration and Asylum Act 2002 (appeals
from within the United Kingdom: certification of human rights claims made by
persons liable to deportation) is amended in accordance with subsections (2) to
10(5).

(2) In the heading omit “made by persons liable to deportation”.

(3) In subsection (1) omit the words from “who is liable” to the end of paragraph
(b).

(4) In subsection (2) for the words from “removal” to “removed” substitute
15“refusing P entry to, removing P from or requiring P to leave the United
Kingdom”.

(5) In subsection (3) for the words from “removed” in the first place it appears to
“removed” in the second place it appears substitute “refused entry to, removed
from or required to leave the United Kingdom”.

(6) 20In section 92(3)(a) of that Act (cases where human rights claim appeal must be
brought from outside the United Kingdom) omit “made by persons liable to
deportation”.

35 Continuation of leave: repeals

(1) In the Immigration Act 1971 omit section 3D (continuation of leave following
25revocation).

(2) In section 2(2)(a) of the Special Immigration Appeals Commission Act 1997
(jurisdiction: appeals) omit “or 3D”.

(3) In section 120(4)(b) of the Nationality, Immigration and Asylum Act 2002
(requirement to state additional grounds for application etc) omit “or 3D”.

(4) 30In consequence of the repeals made by this section, the following are
repealed—

(a) paragraph 14(b)(i) of Schedule 1 to the Immigration, Asylum and
Nationality Act 2006, and

(b) paragraph 22 of Schedule 9 to the Immigration Act 2014.

(5) 35The repeals made by this section do not apply in relation to a person (“P”)
where—

(a) P’s leave was extended by virtue of section 3D of the Immigration Act
1971 immediately before 6 April 2015, and

(b) immediately before the coming into force of this section an appeal by P
40against the variation or revocation of P’s leave to enter or remain in the
United Kingdom was pending within the meaning of section 104 of the
Nationality, Immigration and Asylum Act 2002.