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Crime and Courts BillPage 240

(a) relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or

(b) 5is undertaken for the purposes of, or otherwise in relation to,
any of these enactments—

(i) the British Nationality Act 1981;

(ii) the Hong Kong Act 1985;

(iii) the Hong Kong (War Wives and Widows) Act 1996;

(iv) 10the British Nationality (Hong Kong) Act 1997;

(v) the British Overseas Territories Act 2002;

(vi) an instrument made under any of those Acts..

3 In section 94 (authorisations given in absence of authorising officer), in
subsection (2), after paragraph (f) insert—

(fa) 15where the authorising officer is within paragraph (ha) of that
subsection, by a senior official (within the meaning of the
Regulation of Investigatory Powers Act 2000) in the
department of the Secretary of State by whom functions
relating to immigration are exercisable who is designated by
20the Secretary of State for the purposes of this section;.

4 In section 107 (supplementary provisions relating to Commissioners), in
subsection (4), after paragraph (c) insert—

(d) the functions of the Secretary of State relating to
immigration..

25Regulation of Investigatory Powers Act 2000

5 The Regulation of Investigatory Powers Act 2000 is amended as follows.

6 In section 32(6) (authorisation of intrusive surveillance: senior authorising
officers), in paragraph (m), omit the final “and”.

7 (1) Section 33 (rules for grant of authorisations) is amended in accordance with
30this paragraph.

(2) After subsection (4) insert—

(4ZA) A senior official who is a senior authorising officer by virtue of a
designation by the Secretary of State under section 32(6)(ma) shall
not grant an authorisation for the carrying out of intrusive
35surveillance except on an application made by an immigration
officer..

(3) In subsection (5)(a), after “Customs” insert “, an immigration officer”.

8 (1) Section 34 (grant of authorisations in the senior officer’s absence) is
amended in accordance with this paragraph.

(2) 40In subsection (1)(a), after “Customs” insert “or an immigration officer”.

(3) In subsection (2)(a), after “Customs” insert “or the Secretary of State”.

(4) In subsection (4), after paragraph (l) insert—

(la) a person is entitled to act for a person who is a senior
authorising officer by virtue of a designation under section

Crime and Courts BillPage 241

32(6)(ma), if the person is a senior official in the department
of the Secretary of State by whom functions relating to
immigration are exercisable who is designated for the
purposes of this paragraph by the Secretary of State as a
5person entitled so to act in an urgent case;.

9 (1) Section 35 (notification of authorisations for intrusive surveillance) is
amended in accordance with this paragraph.

(2) In subsection (1), after “Customs” insert “, immigration”.

(3) In subsection (10)—

(a) 10in the words before paragraphs (a) to (c), after “Customs” insert “,
immigration”;

(b) in paragraph (b), for “by the Commissioners for Her Majesty’s
Revenue and Customs” substitute “under section 32(6)(m) or (ma)”.

10 (1) Section 36 (approval required for authorisations to take effect) is amended
15in accordance with this paragraph.

(2) In subsection (1)—

(a) in paragraph (d) omit “or”;

(b) after paragraph (d) insert—

(da) an immigration officer; or.

(3) 20In subsection (6)—

(a) in paragraph (g) omit the final “and”;

(b) after paragraph (g) insert—

(ga) where the authorisation was granted by a senior
official designated under section 32(6)(ma) or entitled
25to act for such an official under section 34(4)(la), the
senior official designated under section 32(6)(ma);
and.

11 In section 37 (quashing of authorisations), in subsection (1)—

(a) in paragraph (d) omit “or”;

(b) 30after paragraph (d) insert—

(da) an immigration officer; or.

12 In section 40 (information to be provided to Surveillance Commissioners), in
subsection (1)—

(a) in paragraph (d) omit the final “and”;

(b) 35after paragraph (d) insert—

(da) every immigration officer and every other official in
the department of the Secretary of State by whom
functions relating to immigration are exercisable,
and.

13 40In section 46 (restrictions on authorisations extending to Scotland), in
subsection (3)—

(a) in paragraph (e) omit the final “and”;

(b) after paragraph (e) insert—

(ea) the department of the Secretary of State by whom
45functions relating to immigration are exercisable;
and.

Crime and Courts BillPage 242

Proceeds of Crime Act 2002

14 The Proceeds of Crime Act 2002 is amended as follows.

15 In section 41A (restraint orders: power to retain seized property etc), in
subsection (3), after paragraph (c) insert—

(ca) 5an immigration officer;.

16 (1) Section 47C (power to seize property) is amended in accordance with this
paragraph.

(2) Subsection (6) is amended as follows—

(a) after paragraph (a) insert—

(aa) 10where applicable, in accordance with subsection (6A)
or (6B).;

(b) for “(b)  is exercisable” substitute—

(6A) The power conferred by this section is exercisable.

(3) After subsection (6A) insert—

(6B) 15The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—

(a) relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
20in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or

(b) is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment..

(4) After subsection (7) insert—

(8) 25Relevant nationality enactment” means any enactment in—

(a) the British Nationality Act 1981,

(b) the Hong Kong Act 1985,

(c) the Hong Kong (War Wives and Widows) Act 1996,

(d) the British Nationality (Hong Kong) Act 1997,

(e) 30the British Overseas Territories Act 2002, or

(f) an instrument made under any of those Acts..

17 In section 47G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—

(aa) in relation to the exercise of a power by an immigration
35officer, an immigration officer of a rank designated by the
Secretary of State as equivalent to that of a senior police
officer,.

18 In section 47M (further detention in other cases), in subsection (3), after
paragraph (a) insert—

(aa) 40an immigration officer;.

19 In section 72 (serious default), in subsection (9), after paragraph (e) insert—

(ea) if the person in default was an immigration officer, the
compensation is payable by the Secretary of State;.

20 In section 120A (restraint orders: power to retain seized property etc), in

Crime and Courts BillPage 243

subsection (3), after paragraph (b) insert—

(ba) an immigration officer;.

21 (1) Section 127C (power to seize property) is amended in accordance with this
paragraph.

(2) 5Subsection (6) is amended as follows—

(a) after paragraph (a) insert—

(aa) where applicable, in accordance with subsection (6A)
or (6B).;

(b) for “(b)  is exercisable” substitute—

(6A) 10The power conferred by this section is exercisable.

(3) After subsection (6A) insert—

(6B) The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—

(a) 15relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or

(b) is undertaken for the purposes of, or otherwise in relation to,
20a relevant nationality enactment..

(4) After subsection (7) insert—

(8) Relevant nationality enactment” means any enactment in—

(a) the British Nationality Act 1981,

(b) the Hong Kong Act 1985,

(c) 25the Hong Kong (War Wives and Widows) Act 1996,

(d) the British Nationality (Hong Kong) Act 1997,

(e) the British Overseas Territories Act 2002, or

(f) an instrument made under any of those Acts..

22 In section 127G (“appropriate approval”), in subsection (3), after paragraph
30(a) insert—

(aa) in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
Secretary of State as equivalent to that of a senior police
officer,.

23 35In section 127M (further detention in other cases: Scotland), in subsection (3),
after paragraph (a) insert—

(aa) an immigration officer;.

24 In section 190A (restraint orders: power to retain seized property), in
subsection (3), after paragraph (c) insert—

(ca) 40an immigration officer;.

25 (1) Section 195C (power to seize property) is amended in accordance with this
paragraph.

(2) Subsection (6) is amended as follows—

Crime and Courts BillPage 244

(a) after paragraph (a) insert—

(aa) where applicable, in accordance with subsection (6A)
or (6B).;

(b) for “(b)  is exercisable” substitute—

(6A) 5The power conferred by this section is exercisable.

(3) After subsection (6A) insert—

(6B) The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—

(a) 10relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or

(b) is undertaken for the purposes of, or otherwise in relation to,
15a relevant nationality enactment..

(4) After subsection (7) insert—

(8) Relevant nationality enactment” means any enactment in—

(a) the British Nationality Act 1981,

(b) the Hong Kong Act 1985,

(c) 20the Hong Kong (War Wives and Widows) Act 1996,

(d) the British Nationality (Hong Kong) Act 1997,

(e) the British Overseas Territories Act 2002, or

(f) an instrument made under any of those Acts..

26 In section 195G (“appropriate approval”), in subsection (3), after paragraph
25(a) insert—

(aa) in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
Secretary of State as equivalent to that of a senior police
officer,.

27 30In section 195M (further detention in other cases: Northern Ireland), in
subsection (3), after paragraph (a) insert—

(aa) an immigration officer;.

28 In section 297A (forfeiture notice), in subsection (6), after paragraph (a)
insert—

(aa) 35an immigration officer of a rank designated by the Secretary
of State as equivalent to that of a senior police officer,.

29 In section 297F (release of cash subject to forfeiture notice), in subsection (4),
after “Customs,” insert “immigration officer,”.

30 In section 351 (supplementary provision about production orders), in
40subsection (5)—

(a) after “customs officer” (in the first place) insert “or an immigration
officer”;

(b) after “customs officer” (in the second place) insert “or immigration
officer”.

31 45In section 352 (search and seizure warrants), in subsection (5)—

Crime and Courts BillPage 245

(a) in paragraph (a), after “a customs officer” insert “or an immigration
officer”;

(b) in paragraph (c), after “Customs” insert “or an immigration officer”.

32 In section 353 (requirements where production order not available), in
5subsection (10)—

(a) in paragraph (a)—

(i) for “investigator or” substitute “investigator,”;

(ii) after “customs officer” insert “or an immigration officer”;

(b) in paragraph (c)—

(i) 10for “investigator or” substitute “investigator,”;

(ii) after “Customs” insert “or an immigration officer”.

33 In section 356 (further provisions: civil recovery and detained cash), in
subsection (11)(b), after “Customs” insert “or an immigration officer”.

34 In section 357 (disclosure orders), in subsection (8)—

(a) 15in paragraph (c), omit the final “and”;

(b) at the end of paragraph (d), insert ; and—

(e) in relation to a confiscation investigation carried out
by an immigration officer, the Director of Public
Prosecutions, the Director of Public Prosecutions for
20Northern Ireland or any specified person..

35 (1) Section 369 (supplementary provision about customer information orders) is
amended in accordance with this paragraph.

(2) In subsection (5)—

(a) after “customs officer” (in the first place) insert “or an immigration
25officer”;

(b) after “customs officer” (in the second place) insert “or immigration
officer”.

(3) In subsection (7), after “customs officer” insert “or an immigration officer”.

36 In section 375 (supplementary provision about account monitoring orders),
30in subsection (4)—

(a) after “customs officer” (in the first place) insert “or an immigration
officer”;

(b) after “customs officer” (in the second place) insert “or immigration
officer”.

37 (1) 35Section 377 (code of practice of Secretary of State etc) is amended in
accordance with this paragraph.

(2) In subsection (1), after paragraph (e) insert—

(f) immigration officers..

(3) In subsection (5), for “(e)” substitute “(f)”.

38 40In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the
provision which relates to references to a “constable”, after “customs and
excise officer” insert “and to an immigration officer”.

Crime and Courts BillPage 246

UK Borders Act 2007

39 In section 24 of the UK Borders Act 2007 (seizure of cash by immigration
officers under Proceeds of Crime Act 2002), in subsection (2)(c), for “of the
rank of at least Assistant Director” substitute “at or above the grade which is
5designated by the Secretary of State as being equivalent to the rank of police
inspector”.

Saving of provisions of Borders, Citizenship and Immigration Act 2009

40 The amendments made to any other Act by section 28 or this Schedule do not
prevent sections 1(4), 3(5), 7(5) and 11(4) of the Borders, Citizenship and
10Immigration Act 2009 from applying to the amended Act (including those
provisions of that Act as amended by section 28 or this Schedule).

Part 2 Modification of applied enactments

Criminal Justice and Public Order Act 1994

41 15Paragraphs 42 and 43 have effect for the purposes of the application of
sections 136 to 139 of the Criminal Justice and Public Order Act 1994 to
immigration officers by virtue of section 28(7).

42 A reference to a constable (including a reference to a constable of a police
force in England and Wales, a constable of a police force in Scotland or a
20constable of a police force in Northern Ireland) is to be treated as a reference
to an immigration officer.

43 (1) This paragraph has effect in relation to the application of section 138 of the
1994 Act to immigration officers.

(2) Subsection (1B) is to be treated as if it provided as follows—

(1B) 25Where a person is arrested under subsection (2) of the principal
section but not charged in connection with an offence, subsections (2)
to (9) of section 25A of the Criminal Law (Consolidation) (Scotland)
Act 1995 (right of suspects to have access to a solicitor) apply with the
following modifications—

(a) 30omit the references to “other premises or place” in
subsections (2) and (6);

(b) the right under subsection (2) arises when the person is
arrested;

(c) subsection (6) is to be read as requiring that the person be
35informed of the rights under section 25A(2) and (3) on being
arrested..

(3) In subsection (2), the references to the 1995 Act and to section 14(1) of that
Act are to be treated as references to the Criminal Law (Consolidation)
(Scotland) Act 1995 (the “consolidation Act”) and to section 24(1) of that Act.

(4) 40Subsection (2A) is to be treated as if provided as follows—

(2A) Those provisions are—

(a) section 24(2) to (8A) (detention and questioning at police
station);

Crime and Courts BillPage 247

(b) sections 24A and 24B (extension of period of detention under
section 24B);

(c) section 25 (right to have someone informed when detained);

(d) section 25A(2) to (9) (right of access to solicitor)..

(5) 5In subsection (6) the reference to the 1995 Act is to be treated as a reference
to the consolidation Act.

(6) In subsection (7)—

(a) the reference to section 14 is to be treated as a reference to section 24
of the consolidation Act;

(b) 10the reference to subsections (6) and (9) of section 14 is to be treated as
a reference to subsections (5) and (8) of section 24.

(7) In subsection (8)—

(a) the reference to section 15 is to be treated as a reference to section 25
of the consolidation Act;

(b) 15paragraph (a) is to be treated as if it provided as follows—

(a) in subsection (1)—

(i) the words “other premises or place” (in both
places) are to be treated as if they referred to a
police station;

(ii) 20the reference in paragraph (a) to other
premises is to be treated as a reference to a
police station;

(iii) paragraph (b) does not apply;

(iv) the references in paragraph (c)(i) and (iii) to
25the right under subsection (1)(b) are to be
treated as references to the right under section
25(1) to have someone informed when
detained;

(v) the references in paragraph (c)(ii) to
30subsection (1)(b) is to be treated as a reference
to section 25(1);

(vi) the reference in paragraph (c)(iii) to
subsection (2) is to be treated as a reference to
the words in section 25(1) beginning “and the
35person shall be informed”;

(vii) the reference to subsection (4) is to be treated
as a reference to section 25(2)..

(8) In subsection (9)—

(a) the reference to section 15A is to be treated as a reference to section
4025A;

(b) paragraph (a) is to be treated as if it provided as follows—

(a) the words “other premises or place” in subsections (2)
and (6) are to be treated as referring to a police
station;;

(c) 45in paragraph (b)(iii) the reference to section 15A(2) and (3) is to be
treated as a reference to section 25A(2) and (3).

Crime and Courts BillPage 248

Part 3 Scotland

Criminal Law (Consolidation) (Scotland) Act 1995

44 The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as
5follows.

45 (1) Section 24 (detention and questioning at office of Revenue and Customs) is
amended in accordance with this paragraph.

(2) In the title of the section, for “at office of Revenue and Customs” substitute
: Revenue and Customs, immigration and nationality offences”.

(3) 10In subsection (5)—

(a) in paragraph (a)—

(i) after “Customs” insert “(in a case falling within subsection
(A1)(a)) or police station (in a case falling within subsection
(A1)(b))”;

(ii) 15after “premises” insert “(in either of those cases)”;

(b) in paragraph (d)—

(i) after “subsection (1)” insert “or (1A)”;

(ii) after “Customs” insert “(in a case falling within subsection
(A1)(a)) or police station (in a case falling within subsection
20(A1)(b))”;

(iii) after “premises” insert “(in either of those cases)”.

46 In section 25 (right to have someone informed when detained), in subsection
(1)—

(a) in the words before paragraph (a)—

(i) 25after “Customs” (in the first place) insert “(in a case falling
within subsection (A1)(a)) or police station (in a case falling
within subsection (A1)(b))”;

(ii) after “place” (in the first place) insert “(in either of those
cases)”;

(iii) 30after “Customs” (in the second place) insert “, police station”;

(b) in paragraph (a), after “Customs” insert “, police station”.

47 (1) Section 25A (right of suspects to have access to a solicitor) is amended in
accordance with this paragraph.

(2) In subsection (1)—

(a) 35in paragraph (b)—

(i) for “an officer” substitute “an officer of Revenue and
Customs”;

(ii) omit the final “or”;

(b) in paragraph (c), for “an officer” (in each place) substitute “an officer
40of Revenue and Customs”;

(c) after paragraph (c) insert—

(d) attends voluntarily at a police station or any other
premises or place for the purpose of being questioned
by an immigration officer on suspicion of having

Crime and Courts BillPage 249

committed an immigration offence or nationality
offence; or

(e) is arrested (but not charged) by an immigration
officer in connection with an immigration offence or
5nationality offence and is being detained at a police
station or any other premises or place for the purpose
of being questioned by an immigration officer in
connection with the offence..

(3) In subsection (2)(b), after “Customs” insert “, police station”.

(4) 10In subsection (6)(a), after “Customs” insert “, police station”.

48 In section 26B (interpretation of Part 3 etc)—

(a) in subsection (1), for the definition of “officer” substitute—

(b) in subsection (2), for the words from “this Act” to “had authority”
substitute this Act—

(a) a certificate of the Commissioners for Her Majesty’s
Revenue and Customs that an officer of Revenue of
30Customs, or

(b) a certificate of the Secretary of State that an
immigration officer,

had authority.

49 (1) The amendments made by section 28(13), and paragraph 45 of this Schedule,
35do not affect section 24 of the 1995 Act as it applies by virtue of section 26(8)
of that Act in respect of a person detained under section 26 of that Act
(detention in connection with certain drug smuggling offences).

(2) The amendments made by paragraph 46 of this Schedule do not affect
section 25(1) of the 1995 Act as it applies by virtue of section 26(9) of that Act
40in respect of a person detained under section 26 of that Act (detention in
connection with certain drug smuggling offences).

Consequential amendments relating to legal aid in Scotland

50 (1) In section 8A of the Legal Aid (Scotland) Act 1986 (power to provide for
criminal advice and assistance to be available for certain clients without
45reference to the financial limits), in subsection (2)(b), after “offences” insert
“or immigration or nationality offences”.

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Contents page 140-149 150-167 168-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-275 Last page