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(9) In this section—

  • “the court” means—

    (a)

    in England and Wales, a magistrates’ court;

    (b)

    in Scotland, the sheriff;

    (c)

    5in Northern Ireland, a court of summary jurisdiction;

  • “the disqualified person” means the person who, following a
    check under section 40C(1), was determined to be a
    disqualified person, resulting in the application for the
    freezing order.

40E 10Freezing orders: appeals

(1) An appeal may be made to the relevant appeal court against a
decision of a court under section 40D.

(2) The right of appeal under subsection (1) is exercisable by—

(a) the Secretary of State, and

(b) 15if the decision relates to a freezing order that is in force in
respect of an account, a person or body by or for whom the
account is operated.

(3) On an appeal under this section the relevant appeal court may
make—

(a) 20whatever orders are necessary to give effect to its
determination of the appeal;

(b) whatever incidental or consequential orders appear to it to be
just.

(4) In this section “the relevant appeal court” means—

(a) 25the Crown Court, where the decision appealed against is a
decision of a magistrates’ court;

(b) the Sheriff Appeal Court, where the decision appealed
against is a decision of the sheriff;

(c) a county court, where the decision appealed against is a
30decision of a court of summary jurisdiction.

40F Freezing orders: code of practice

(1) The Secretary of State must issue a code of practice—

(a) specifying the factors that the Secretary of State will consider
when deciding whether to apply for a freezing order under
35section 40C(2),

(b) outlining the arrangements for keeping a freezing order
under review for the purpose of deciding whether to apply
under section 40D(6) for its variation or discharge, and

(c) specifying the factors that the Secretary of State will consider
40when deciding whether to make such an application.

(2) The Secretary of State must from time to time review the code and
may revise and re-issue it following a review.

(3) The code (or revised code)—

(a) may not be issued unless a draft has been laid before
45Parliament, and

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(b) comes into force in accordance with provision contained in
regulations made by the Secretary of State.

40G Closure of accounts not subject to freezing order

(1) This section applies where—

(a) 5a bank or building society makes a notification under section
40B(2) in relation to a person,

(b) the person is determined by the Secretary of State (following
a check under section 40C(1)) to be a disqualified person, and

(c) the bank or building society receives a notification under
10section 40C(3) or 40D(7) in relation to the disqualified person.

(2) Where this section applies the bank or building society must as soon
as reasonably practicable close each account held with it that—

(a) in the case of a notification under section 40C(3), is operated
by or for the disqualified person and is not the subject of an
15application for a freezing order;

(b) in the case of a notification under section 40D(7), is operated
by or for the disqualified person and in respect of which a
freezing order is not in force.

(3) The bank or building society may delay closing an account which it
20would otherwise be required to close under subsection (2) if at the
time at which it would otherwise be required to close it—

(a) the account is overdrawn, or

(b) where the account is operated by or for the disqualified
person and one or more bodies or other persons, the bank or
25building society considers that closing the account would
significantly adversely affect the interests of any of those
other bodies or persons.

(4) Where subsection (3) applies, closure of the account may be delayed
for such period as is reasonable (but not indefinitely).

(5) 30If an account falling within subsection (2) is operated by or for the
disqualified person and one or more bodies or other persons, the
bank or building society is to be treated as having complied with that
subsection in relation to that account if, as soon as reasonably
practicable, it takes all such steps as are necessary to prevent the
35account from being operated by or for the disqualified person
(instead of closing the account).

(6) Where the bank or building society closes an account in compliance
with this section, it must tell each person or body by or for whom the
account is operated, if it may lawfully do so, why it has closed the
40account.

(7) Where the bank or building society prevents an account from being
operated by or for the disqualified person by virtue of subsection (5),
it must tell each person or body by or for whom the account is
operated, if it may lawfully do so, why it has prevented the account
45from being operated by or for the disqualified person.

(8) The bank or building society must provide the Secretary of State with
information about the steps that it has taken to comply with this
section.

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(9) Information provided under subsection (8) must be provided in the
prescribed form and manner and at the prescribed times or with the
prescribed frequency.

(10) In subsection (9) “prescribed” means prescribed in regulations made
5by the Treasury.

40H Sections 40A to 40G: interpretation

(1) This section applies for the purposes of sections 40A to 40G.

(2) “Account” includes a financial product by means of which a
payment may be made.

(3) 10“Freezing order” has the meaning given by section 40D(2).

(4) “Disqualified person” has the meaning given by section 40A(3).

(5) References to an account being operated by or for a person or body
are to be read in accordance with section 40A(5).”

3 (1) Section 41 (regulation by Financial Conduct Authority) is amended as
15follows.

(2) In subsection (1), at the end insert “and the requirements imposed on them
by sections 40A, 40B and 40G”.

(3) In subsection (2)(a), at the end insert “or immigration checks under section
40A”.

4 20In section 42 (meaning of “bank” and “building society”), in subsections (1)
and (5), for “and 41” substitute “to 41”.

5 (1) Section 43 (power to amend) is amended as follows.

(2) In subsection (1)(b), after “40(1)” insert “or the requirement in section
40A(1)”.

(3) 25In subsection (1)(c), for “that section” substitute “section 40 or 40A”.

6 In section 74 (orders and regulations), in subsection (2) (statutory
instruments to which the affirmative resolution procedure applies), after
paragraph (b) insert—

(ba) regulations under section 40A(4);

(bb) 30regulations under section 40B;”.

7 (1) Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of
UK judgments in other parts of UK) is amended as follows.

(2) In subsection (3), for “subsection (4)” substitute “subsections (4) and (4ZA)”.

(3) After subsection (4) insert—

(4ZA) 35This section applies to a freezing order made under section 40D of
the Immigration Act 2014 by a magistrates’ court in England and
Wales or a court of summary jurisdiction in Northern Ireland.”

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Section 28

SCHEDULE 5 Amendments to search warrant provisions

Immigration Act 1971 (c. 77)1971 (c. 77)

1 The Immigration Act 1971 is amended as follows.

2 (1) 5Section 28D (entry and search of premises) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b) for “specified in the application” substitute
“mentioned in subsection (2A)”, and

(b) at the end of paragraph (e) insert “in relation to each set of premises
10specified in the application.”

(3) After subsection (1) insert—

(1A) The premises referred to in subsection (1)(b) above are—

(a) one or more sets of premises specified in the application, or

(b) any premises occupied or controlled by a person specified in
15the application, including such sets of premises as are so
specified (in which case the application is for an “all premises
warrant”).

(1B) If the application is for an all premises warrant, the justice of the
peace must also be satisfied—

(a) 20that because of the particulars of the offence referred to in
paragraph (a) of subsection (1), there are reasonable grounds
for believing that it is necessary to search premises occupied
or controlled by the person in question which are not
specified in the application in order to find the material
25referred to in paragraph (b) of that subsection, and

(b) that it is not reasonably practicable to specify in the
application all the premises which the person occupies or
controls and which might need to be searched.

(1C) The warrant may authorise entry to and search of premises on more
30than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
achieve the purpose for which the justice issues the warrant.

(1D) If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.”

(4) 35In subsection (2) after “conditions” insert “referred to in subsection (1)(e)”.

(5) In subsection (7)—

(a) for “subsection (1)” substitute “this section”,

(b) in paragraph (a) for “the reference” substitute “references” and for “a
reference” substitute “references”, and

(c) 40in paragraph (b) for “paragraph (b)” substitute “subsection (1)(b)”.

3 (1) Section 28FB (search for personnel records with warrant) is amended as
follows.

(2) In subsection (1)—

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(a) after “business premises” insert “mentioned in subsection (1A)”, and

(b) at the end of paragraph (c) insert “in relation to each set of premises
specified in the application.”

(3) After subsection (1) insert—

(1A) 5The premises referred to in subsection (1) above are—

(a) one or more sets of premises specified in the application, or

(b) any premises occupied or controlled by a person specified in
the application, including such sets of premises as are so
specified (in which case the application is for an “all premises
10warrant”).

(1B) If the application is for an all premises warrant, the justice of the
peace must also be satisfied—

(a) that there are reasonable grounds for believing that it is
necessary to search premises occupied or controlled by the
15person in question which are not specified in the application
in order to find the records referred to in subsection (1)(b),
and

(b) that it is not reasonably practicable to specify in the
application all the premises which the person occupies or
20controls and which might need to be searched.

(1C) The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
achieve the purpose for which the justice issues the warrant.

(1D) 25If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.”

(4) In subsection (2) for “Those conditions are” substitute “The conditions
referred to in subsection (1)(c) are”.

4 (1) Section 28J (search warrants: safeguards) is amended as follows.

(2) 30In subsection (2)—

(a) after paragraph (a) insert—

(aa) if the application is for a warrant authorising entry
and search on more than one occasion, state the
ground on which the officer applies for such a
35warrant, and whether the officer seeks a warrant
authorising an unlimited number of entries, or (if not)
the maximum number of entries desired;”, and

(b) for paragraph (b) substitute—

(b) specify the matters set out in subsection (2A) below;
40and”.

(3) After subsection (2) insert—

(2A) The matters which must be specified pursuant to subsection (2)(b)
above are—

(a) if the application relates to one or more sets of premises
45specified in the application, each set of premises which it is
desired to enter and search;

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(b) if the application relates to any premises occupied or
controlled by a person specified in the application—

(i) as many sets of premises which it is desired to enter
and search as it is reasonably practicable to specify;

(ii) 5the person who is in occupation or control of those
premises and any others which it is desired to enter
and search;

(iii) why it is necessary to search more premises than
those specified under sub-paragraph (i);

(iv) 10why it is not reasonably practicable to specify all the
premises which it is desired to enter and search.”

(4) In subsection (6) at the end insert “unless it specifies that it authorises
multiple entries”.

(5) After subsection (6) insert—

(6A) 15If it specifies that it authorises multiple entries, it must also specify
whether the number of entries authorised is unlimited, or limited to
a specified maximum.”

(6) In subsection (7) for paragraph (c) substitute—

(c) each set of premises to be searched, or (in the case of an all
20premises warrant) the person who is in occupation or control
of premises to be searched, together with any premises under
the person’s occupation or control which can be specified and
which are to be searched; and”.

(7) For subsection (9) substitute—

(9) 25Two copies must be made of a warrant which specifies only one set
of premises and does not authorise multiple entries; and as many
copies as are reasonably required may be made of any other kind of
warrant.”

(8) After subsection (10) insert—

(10A) 30“All premises warrant” means a warrant issued in response to an
application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or
28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.

(10B) References in this section to a warrant authorising multiple entries is
to a warrant of the kind mentioned in section 24E(8), 28D(1C) or
3528FB(1C) or paragraph 25A(6AC) of Schedule 2.”

5 (1) Section 28K (execution of warrants) is amended as follows.

(2) After subsection (2) insert—

(2A) A person so authorised has the same powers as the officer whom the
person accompanies in respect of—

(a) 40the execution of the warrant, and

(b) the seizure or detention of anything to which the warrant
relates.

(2B) But the person may exercise those powers only in the company, and
under the supervision, of an immigration officer.”

(3) 45In subsection (3) for “one month” substitute “three months”.

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(4) After subsection (3) insert—

(3A) If the warrant is an all premises warrant, no premises which are not
specified in it may be entered or searched unless an immigration
officer of at least the rank of chief immigration officer has in writing
5authorised them to be entered.

(3B) No premises may be entered or searched for the second or any
subsequent time under a warrant which authorises multiple entries
unless an immigration officer of at least the rank of chief immigration
officer has in writing authorised that entry to those premises.”

(5) 10In subsection (4)(a) after “and” insert “, if not in uniform,”.

(6) After subsection (8) insert—

(8A) Unless the warrant is a warrant specifying one set of premises only,
the officer must comply with subsection (8) separately in respect of
each set of premises entered and searched.

(8B) 15Subject to subsection (8C), a warrant must be returned in accordance
with subsection (9)—

(a) when it has been executed, or

(b) in the case of a specific premises warrant which has not been
executed, an all premises warrant or any warrant authorising
20multiple entries, on the expiry of the period of three months
referred to in subsection (3) or sooner.

(8C) Subsection (8B) does not apply to a warrant issued by a justice of the
peace in Scotland or by the sheriff if the warrant has been executed.”

(7) In subsection (9) for the words from “A warrant” to “its execution,”
25substitute “The warrant”.

(8) After subsection (13) insert—

(13A) In subsection (8B)—

  • “specific premises warrant” means a warrant which is not an all
    premises warrant;

  • 30“all premises warrant” means a warrant issued in response to an
    application of the kind mentioned in section 24E(6)(b),
    28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of
    Schedule 2.

(13B) The reference in subsection (8B) to a warrant authorising multiple
35entries is to a warrant of the kind mentioned in section 24E(8),
28D(1C) or 28FB(1C) or paragraph 25A(6AC) of Schedule 2.”

6 (1) Paragraph 25A of Schedule 2 (search of premises for nationality documents)
is amended as follows.

(2) In sub-paragraph (6A)—

(a) 40for “specified in the application” substitute “mentioned in sub-
paragraph (6AA)”, and

(b) at the end of paragraph (b) insert “in relation to each set of premises
specified in the application.”

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(3) After sub-paragraph (6A) insert—

(6AA) The premises referred to in sub-paragraph (6A) above are—

(a) one or more sets of premises specified in the application, or

(b) any premises occupied or controlled by a person specified in
5the application, including such sets of premises as are so
specified (in which case the application is for an “all premises
warrant”).

(6AB) If the application is for an all premises warrant, the justice of the
peace must also be satisfied—

(a) 10that there are reasonable grounds for believing that it is
necessary to search premises occupied or controlled by the
person in question which are not specified in the application
in order to find the relevant documents, and

(b) that it is not reasonably practicable to specify in the
15application all the premises which the person occupies or
controls and which might need to be searched.

(6AC) The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
20achieve the purpose for which the justice issues the warrant.

(6AD) If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.”

(4) In sub-paragraph (6B) after “conditions” insert “mentioned in sub-
paragraph (6A)(b)”.

(5) 25In sub-paragraph (6C) for “sub-paragraph (6A)” substitute “sub-paragraphs
(6A) to (6AC)”.

UK Borders Act 2007 (c. 30)2007 (c. 30)

7 (1) Section 45 of the UK Borders Act 2007 (search of premises for nationality
documents) is amended as follows.

(2) 30In subsection (2)—

(a) in paragraph (b) for “specified in the application” substitute
“mentioned in subsection (2A)”, and

(b) at the end of paragraph (d) insert “in relation to each set of premises
specified in the application.”

(3) 35After subsection (2) insert—

(2A) The premises referred to in subsection (2)(b) above are—

(a) one or more sets of premises specified in the application, or

(b) any premises occupied or controlled by a person specified in
the application, including such sets of premises as are so
40specified (in which case the application is for an “all premises
warrant”).

(2B) If the application is for an all premises warrant, the justice of the
peace must also be satisfied—

(a) that there are reasonable grounds for believing that it is
45necessary to search premises occupied or controlled by the

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person in question which are not specified in the application
in order to find the nationality documents, and

(b) that it is not reasonably practicable to specify in the
application all the premises which the person occupies or
5controls and which might need to be searched.

(2C) The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
achieve the purpose for which the justice issues the warrant.

(2D) 10If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.”

(4) In subsection (3) after “conditions” insert “mentioned in subsection (2)(d)”.

Section 29

SCHEDULE 6 Duty to supply nationality documents to Secretary of State: persons to whom
15duty applies

1 This is the new Schedule A1 to the Immigration and Asylum Act 1999
referred to in section 29—

Section 20A

“Schedule A1 Persons to whom section 20A applies

Law enforcement

1 20The chief officer of police for a police area in England and Wales.

2 The chief constable of the Police Service of Scotland.

3 The Chief Constable of the Police Service of Northern Ireland.

4 The Chief Constable of the British Transport Police Force.

5 A Port Police Force established under an order made under
25section 14 of the Harbours Act 1964.

6 The Port Police Force established under Part 10 of the Port of
London Act 1968.

7 A Port Police Force established under section 79 of the Harbours,
Docks and Piers Clauses Act 1847.

8 30The National Crime Agency.

Local government

9 A county council or district council in England.

10 A London borough council.

11 The Greater London Authority.

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12 The Common Council of the City of London in its capacity as a
local authority.

13 The Council of the Isles of Scilly.

14 A county council or a county borough council in Wales.

15 5A council constituted under section 2 of the Local Government etc
(Scotland) Act 1994.

16 A district council in Northern Ireland.

Regulatory bodies

17 The Gangmasters Licensing Authority.

18 10The Security Industry Authority.

Health bodies

19 An NHS trust established under section 25 of the National Health
Service Act 2006 or under section 18 of the National Health Service
(Wales) Act 2006.

20 15An NHS foundation trust within the meaning given by section 30
of the National Health Service Act 2006.

21 A Local Health Board established under section 11 of the National
Health Service (Wales) Act 2006.

22 A National Health Service Trust established under section 12A of
20the National Health Service (Scotland) Act 1978.

23 A Health and Social Care trust established under Article 10 of the
Health and Personal Social Services (Northern Ireland) Order 1991
(SI 1991/194 (NI 1)SI 1991/194 (NI 1)).

Registration officials

24 25The Registrar General for England and Wales.

25 A superintendent registrar of births, deaths and marriages.

26 A registrar of births, deaths and marriages.

27 A civil partnership registrar within the meaning of Chapter 1 of
Part 2 of the Civil Partnership Act 2004 (see section 29 of that Act).

28 30The Registrar General for Scotland.

29 A district registrar within the meaning of section 7 of the
Registration of Births, Deaths and Marriages (Scotland) Act 1965.

30 A senior registrar within the meaning of that section.

31 An assistant registrar within the meaning of that section.

32 35The Registrar General for Northern Ireland.

33 A person appointed under Article 31(1) or (3) of the Marriage
(Northern Ireland) Order 2003 (SI 2003/413 (NI 3)SI 2003/413 (NI 3)).