Immigration Bill (HL Bill 79)

Immigration BillPage 130

14 In paragraph 16(2)(d) (power for regulations or order under Schedule to
make consequential provision) after “amending” insert “, repealing or
revoking”.

Section 44

SCHEDULE 10 5Penalties relating to airport control areas

1 This is the Part 1A of Schedule 2 to the Immigration Act 1971 referred to in
section 44(2)—

“Part 1A Penalty for breach of paragraph 26(2) or (3)

28 10Penalty for breach of paragraph 26(2) or (3)

(1) Sub-paragraph (2) applies where the Secretary of State has given
written notice under paragraph 26(2) to the owner or agent of an
aircraft—

(a) designating a control area for the embarkation or
15disembarkation of passengers in an airport in the United
Kingdom, and

(b) specifying conditions or restrictions to be observed in the
control area.

(2) The Secretary of State may impose a penalty on the owner or agent
20if the owner or agent fails to take all reasonable steps to secure
that—

(a) passengers embarking on or disembarking from the
aircraft at the airport do not embark or disembark at the
airport outside the control area, or

(b) 25the conditions or restrictions specified in the notice are
observed.

(3) Sub-paragraph (4) applies where the Secretary of State has given
written notice under paragraph 26(3) to a person concerned with
the management of an airport in the United Kingdom—

(a) 30designating a control area in the airport, and

(b) specifying conditions or restrictions to be observed in the
control area.

(4) The Secretary of State may impose a penalty on the person if the
person fails to take all reasonable steps to secure that the
35conditions or restrictions specified in the notice are observed.

(5) The Secretary of State may impose a separate penalty under sub-
paragraph (2) or (4) in respect of each failure of the kind
mentioned in that sub-paragraph.

(6) The amount of a penalty imposed under sub-paragraph (2) or (4)
40may be such an amount as the Secretary of State considers
appropriate; but the amount of each penalty must not exceed the
prescribed maximum.

Immigration BillPage 131

28A Codes of practice

(1) The Secretary of State must issue a code of practice to be followed
by—

(a) agents and operators of aircraft to whom notices under
5paragraph 26(2) have been given, and

(b) persons concerned with the management of airports in the
United Kingdom to whom notices under paragraph 26(3)
have been given.

(2) The Secretary of State must have regard to the code (in addition to
10any other matters the Secretary of State thinks relevant)—

(a) when deciding whether to impose a penalty under
paragraph 28, and

(b) when considering a notice of objection under paragraph
28C.

(3) 15The Secretary of State must issue a code of practice specifying
matters to be considered in determining the amount of a penalty
under paragraph 28.

(4) The Secretary of State must have regard to the code (in addition to
any other matters the Secretary of State thinks relevant)—

(a) 20when imposing a penalty under paragraph 28, and

(b) when considering a notice of objection under paragraph
28C.

(5) Before issuing a code under this paragraph the Secretary of State
must lay the code before Parliament.

(6) 25A code under this paragraph comes into force in accordance with
provision made by regulations made by the Secretary of State.

(7) The Secretary of State may from time to time review a code under
this paragraph and may revise and re-issue it following a review.

(8) References in sub-paragraphs (5) and (6) to a code include a
30revised code.

28B Penalty notices

(1) If the Secretary of State decides that a person is liable to a penalty
under paragraph 28, the Secretary of State must notify the person
of that decision.

(2) 35A notice under sub-paragraph (1) (a “penalty notice”) must—

(a) be in writing,

(b) state why the Secretary of State thinks the recipient is liable
to the penalty,

(c) state the amount of the penalty,

(d) 40specify the date on which the penalty notice is given,

(e) specify the date, at least 28 days after the date specified in
the notice as the date on which it is given, before which the
penalty must be paid,

(f) specify how the penalty must be paid,

Immigration BillPage 132

(g) include an explanation of the steps that the person may
take if the person objects to the penalty (including
specifying the manner and form in which any notice of
objection must be given to the Secretary of State), and

(h) 5include an explanation of the steps the Secretary of State
may take to recover any unpaid penalty.

28C Objections

(1) The recipient of a penalty notice (“the recipient”) may object to the
penalty notice by giving a notice of objection to the Secretary of
10State.

(2) A notice of objection must—

(a) be in writing,

(b) give the reasons for the objection,

(c) be given in the manner and form specified in the penalty
15notice, and

(d) be given before the end of the period of 28 days beginning
with the date specified in the penalty notice as the date on
which it is given.

(3) Where the Secretary of State receives a notice of objection, the
20Secretary of State must consider it and—

(a) cancel the penalty,

(b) reduce the penalty,

(c) increase the penalty, or

(d) determine not to alter the penalty.

(4) 25After reaching a decision as to how to proceed under sub-
paragraph (3), the Secretary of State must notify the recipient of
the decision in writing.

(5) A notification under sub-paragraph (4) must be given before the
end of the period of 70 days beginning with the date specified in
30the penalty notice as the date on which it is given, or such longer
period as the Secretary of State may agree with the recipient.

(6) A notification under sub-paragraph (4), other than one notifying
the recipient that the Secretary of State has decided to cancel the
penalty, must—

(a) 35state the amount of the penalty following the Secretary of
State’s consideration of the notice of objection,

(b) state the Secretary of State’s reasons for the decision under
sub-paragraph (3),

(c) specify the date, at least 28 days after the date on which the
40notification is given, before which the penalty must be
paid,

(d) specify how the penalty must be paid,

(e) include an explanation of the recipient’s rights of appeal,
and

(f) 45include an explanation of the steps the Secretary of State
may take to recover any unpaid penalty.

Immigration BillPage 133

28D Appeals

(1) A person (“the appellant”) may appeal to the court against a
decision to require the person to pay a penalty under paragraph
28.

(2) 5An appeal may be brought only if the appellant has given a notice
of objection and the Secretary of State has—

(a) reduced the penalty under paragraph 28C(3)(b),

(b) increased the penalty under paragraph 28C(3)(c), or

(c) determined not to alter the penalty under paragraph
1028C(3)(d).

(3) An appeal must be brought within the period of 28 days beginning
with the date on which the appellant is notified of the Secretary of
State’s decision on the notice of objection under paragraph 28C(4).

(4) On appeal, the court may—

(a) 15allow the appeal and cancel the penalty,

(b) allow the appeal and reduce the penalty, or

(c) dismiss the appeal.

(5) An appeal is to be a re-hearing of the Secretary of State’s decision
to impose a penalty and is to be determined having regard to—

(a) 20any code of practice under paragraph 28A(1) which had
effect at the time of the events to which the penalty relates,

(b) any code of practice under paragraph 28A(3) which has
effect at the time of the appeal, and

(c) any other matters which the court thinks relevant (which
25may include matters of which the Secretary of State was
unaware).

(6) Sub-paragraph (5) has effect despite any provision of rules of
court.

(7) In this paragraph “the court” means—

(a) 30the county court, if the appeal relates to a penalty imposed
under paragraph 28 in relation to an airport in England
and Wales;

(b) the sheriff, if the appeal relates to a penalty imposed under
paragraph 28 in relation to an airport in Scotland;

(c) 35a county court in Northern Ireland, if the appeal relates to
a penalty imposed under paragraph 28 in relation to an
airport in Northern Ireland.

(8) But—

(a) the county court in England and Wales, or a county court
40in Northern Ireland, may transfer proceedings under this
paragraph to the High Court, and

(b) the sheriff may transfer proceedings under this paragraph
to the Court of Session.

Immigration BillPage 134

28E Enforcement

(1) This section applies where a sum is payable to the Secretary of
State as a penalty under paragraph 28.

(2) In England and Wales the penalty is recoverable as if it were
5payable under an order of the county court in England and Wales.

(3) In Scotland the penalty may be enforced in the same manner as an
extract registered decree arbitral bearing a warrant for execution
issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland the penalty is recoverable as if it were payable
10under an order of a county court in Northern Ireland.

(5) Where action is taken under this paragraph for the recovery of a
sum payable as a penalty under this Chapter, the penalty is—

(a) in relation to England and Wales, to be treated for the
purposes of section 98 of the Courts Act 2003 (register of
15judgments and orders etc) as if it were a judgment entered
in the county court;

(b) in relation to Northern Ireland, to be treated for the
purposes of Article 116 of the Judgments Enforcement
(Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)S.I. 1981/226 (N.I. 6))
20(register of judgments) as if it were a judgment in respect
of which an application has been accepted under Article 22
or 23(1) of that Order.

(6) Money paid to the Secretary of State by way of a penalty under
paragraph 28 must be paid into the Consolidated Fund.

28F 25Service of documents

(1) A document which is to be issued or served on a person outside
the United Kingdom for the purposes of paragraph 28B or 28C or
in the course of proceedings under paragraph 28E may be issued
or served—

(a) 30in person,

(b) by post,

(c) by facsimile transmission,

(d) by e-mail, or

(e) in any other prescribed manner.

(2) 35The Secretary of State may by regulations provide that a document
issued or served in a manner listed in sub-paragraph (1) in
accordance with the regulations is to be taken to have been
received at a time specified by or determined in accordance with
the regulations.

28G 40Interpretation of this Part of this Schedule

In this Part of this Schedule—

  • “penalty notice” has the meaning given by paragraph 28B(2);

  • “prescribed” means prescribed by regulations made by the
    Secretary of State.

Immigration BillPage 135

28H Regulations under this Part of this Schedule

(1) Regulations under this Part of this Schedule are to be made by
statutory instrument.

(2) A statutory instrument containing regulations under this Part of
5this Schedule is subject to annulment in pursuance of a resolution
of either House of Parliament.

(3) Regulations under this Part of this Schedule—

(a) may make different provision for different purposes;

(b) may make incidental, supplementary, consequential,
10transitional, transitory or saving provision.”

Section 45

SCHEDULE 11 Maritime enforcement

1 The Immigration Act 1971 is amended as follows.

2 In section 25(1) (offence of assisting unlawful immigration to member State),
15in paragraphs (a) and (b) after “breach” insert “or attempted breach”.

3 In section 25A (helping an asylum-seeker to enter United Kingdom) in
subsection (1)(a)—

(a) after “arrival” insert “or attempted arrival”, and

(b) after “entry” insert “or attempted entry”.

4 20In section 25B (assisting entry to United Kingdom in breach of deportation
or exclusion order)—

(a) in subsection (1), in paragraphs (a) and (b) after “breach” insert “or
attempted breach”,

(b) for subsection (2) substitute—

(2) 25Subsection (3) applies where the Secretary of State has made
an order excluding an individual from the United Kingdom
on the grounds of public policy, public security or public
health, other than a temporary exclusion order.”,

(c) in subsection (3)—

(i) 30in paragraphs (a) and (b) after “remain” insert “, or attempt to
arrive in, enter or remain,”, and

(ii) in paragraph (c) for the words from “personally” to the end
substitute “made an order excluding the individual from the
United Kingdom on the grounds of public policy, public
35security or public health”, and

(d) after subsection (4) insert—

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

Immigration BillPage 136

5 In section 28 (proceedings) after subsection (2) insert—

(2A) Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of
Secretary of State for certain prosecutions) does not apply to
proceedings for an offence under section 25, 25A or 25B.”

6 5In section 28A(3) (arrest without warrant) in paragraphs (a) and (b) after
“committed” insert “or attempted to commit”.

7 After Part 3 insert—

“Part 3A

Maritime enforcement

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

(1) 10An immigration officer, an English and Welsh constable or an
enforcement officer may exercise the powers set out in Part 1 of
Schedule 4A (“Part 1 powers”) in relation to any of the following in
England and Wales waters—

(a) a United Kingdom ship;

(b) 15a ship without nationality;

(c) a foreign ship;

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

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

(a) for the purpose of preventing, detecting, investigating or
20prosecuting an offence under section 25, 25A or 25B, and

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

(3) The authority of the Secretary of State is required before an
immigration officer, an English and Welsh constable or an
enforcement officer may exercise Part 1 powers in relation to a
25foreign ship, or a ship registered under the law of a relevant territory,
within the territorial sea adjacent to the United Kingdom.

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

28N 30Enforcement powers in relation to ships: Scotland

(1) An immigration officer, a Scottish constable or an enforcement
officer may exercise the powers set out in Part 2 of Schedule 4A
(“Part 2 powers”) in relation to any of the following in Scotland
waters—

(a) 35a United Kingdom ship;

(b) a ship without nationality;

(c) a foreign ship;

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

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

(a) 40for the purpose of preventing, detecting, investigating or
prosecuting an offence under section 25, 25A or 25B, and

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

Immigration BillPage 137

(3) The authority of the Secretary of State is required before an
immigration officer, a Scottish constable or an enforcement officer
may exercise Part 2 powers in relation to a foreign ship, or a ship
registered under the law of a relevant territory, within the territorial
5sea adjacent to the United Kingdom.

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

28O Enforcement powers in relation to ships: Northern Ireland

(1) 10An immigration officer, a Northern Ireland constable or an
enforcement officer may exercise the powers set out in Part 3 of
Schedule 4A (“Part 3 powers”) in relation to any of the following in
Northern Ireland waters—

(a) a United Kingdom ship;

(b) 15a ship without nationality;

(c) a foreign ship;

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

(2) But Part 3 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or
20prosecuting an offence under section 25, 25A or 25B, and

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

(3) The authority of the Secretary of State is required before an
immigration officer, a Northern Ireland constable or an enforcement
officer may exercise Part 3 powers in relation to a foreign ship, or a
25ship registered under the law of a relevant territory, within the
territorial sea adjacent to the United Kingdom.

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

28P 30Hot pursuit of ships in United Kingdom waters

(1) An immigration officer, an English and Welsh constable or an
enforcement officer may exercise Part 1 powers in relation to a ship
in Scotland waters or in Northern Ireland waters if—

(a) the ship is pursued there,

(b) 35immediately before the pursuit of the ship, the ship was in
England and Wales waters, and

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

(2) Part 1 powers may be exercised under subsection (1) only—

(a) for the purpose mentioned in subsection (2)(a) of section
4028M, and

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

(3) An immigration officer, a Scottish constable or an enforcement
officer may exercise Part 2 powers in relation to a ship in England
45and Wales waters or in Northern Ireland waters if—

(a) the ship is pursued there,

Immigration BillPage 138

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

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

(4) Part 2 powers may be exercised under subsection (3) only—

(a) 5for the purpose mentioned in subsection (2)(a) of section 28N,
and

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

(5) An immigration officer, a Northern Ireland constable or an
10enforcement officer may exercise Part 3 powers in relation to a ship
in England and Wales waters or in Scotland waters if—

(a) the ship is pursued there,

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

(c) 15the condition in subsection (7) is met.

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

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

(b) (if relevant) in accordance with subsections (3) and (4) of that
20section.

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

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

(b) 25the pursuit of the ship is not interrupted.

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

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

(a) 30the method of carrying out the pursuit, or

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

changes during the course of the pursuit.

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

28Q 35Interpretation of Part 3A

(1) In this Part—

  • “the Convention” means the United Nations Convention on the
    Law of the Sea 1982 (Cmnd 8941) and any modifications of
    that Convention agreed after the passing of this Act that have
    40entered into force in relation to the United Kingdom;

  • “enforcement officer” means—

    (a)

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

    (b)

    person in command or charge of any aircraft or
    45hovercraft of the Royal Navy, the Army or the Royal
    Air Force;

  • Immigration BillPage 139

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

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

    (a)

    5a member of a police force in England and Wales,

    (b)

    a member of the British Transport Police Force, or

    (c)

    a port constable, within the meaning of section 7 of
    the Marine Navigation Act 2013, or a person
    appointed to act as a constable under provision made
    10by virtue of section 16 of the Harbours Act 1964;

  • “foreign ship” means a ship which—

    (a)

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

    (b)

    is not so registered but is entitled to fly the flag of a
    15State other than the United Kingdom;

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

  • “Northern Ireland waters” means the sea and other waters
    20within the seaward limits of the territorial sea adjacent to
    Northern Ireland;

  • “Part 1 powers” means the powers set out in Part 1 of Schedule
    4A;

  • “Part 2 powers” means the powers set out in Part 2 of that
    25Schedule;

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

  • “relevant territory” means—

    (a)

    the Isle of Man;

    (b)

    30any of the Channel Islands;

    (c)

    a British overseas territory;

  • “Scottish constable” means only a person who is a constable,
    within the meaning of section 99 of the Police and Fire
    Reform (Scotland) Act 2012 (asp 8)2012 (asp 8);

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

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

  • “ship without nationality” means a ship which—

    (a)

    40is not registered in, or otherwise entitled to fly the flag
    of, any State or relevant territory, or

    (b)

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

  • 45“United Kingdom ship” means a ship which—

    (a)

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

    (b)

    is a Government ship within the meaning of that Act,

    (c)

    is not registered in any State or relevant territory but
    50is wholly owned by persons each of whom has a
    United Kingdom connection, or

    Immigration BillPage 140

    (d)

    is registered under an Order in Council under section
    1 of the Hovercraft Act 1968.

(2) For the purposes of paragraph (c) of the definition of “United
Kingdom ship” in subsection (1), a person has a “United Kingdom
5connection” if the person is—

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

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

(c) 10a body corporate which is established under the law of a part
of the United Kingdom and has its principal place of business
in the United Kingdom.”

8 After Schedule 4 insert—

Sections 28M, 28N and 28O

“Schedule 4A Enforcement powers in relation to ships

15Part 1 England and Wales

Introductory

1 (1) This Part of this Schedule sets out the powers exercisable by
immigration officers, English and Welsh constables and
20enforcement officers (referred to in this Part of this Schedule as
“relevant officers”) under sections 28M and 28P(1).

(2) In this Part of this Schedule—

  • “items subject to legal privilege” has the same meaning as in
    the Police and Criminal Evidence Act 1984 (see section 10
    25of that Act);

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

Power to stop, board, divert and detain

2 (1) This paragraph applies if a relevant officer has reasonable
30grounds to suspect that—

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

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

(2) 35The relevant officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port in the United
Kingdom and detained there.

Immigration BillPage 141

(3) The relevant officer may require the master of the ship, or any
member of its crew, to take such action as is necessary for the
purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any
5ship detained under this paragraph.

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

Power to search and obtain information

3 (1) 10This 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) to an offence under section 25, 25A and 25B, or

(b) to an offence that is connected with an offence under any
15of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

(c) anything on the ship (including cargo).

(3) 20The relevant officer may require a person on the ship to give
information about himself or herself or about anything on the
ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably
25required 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
relevant officer to require the person to remove any
clothing in public other than an outer coat, jacket or gloves.

(5) 30In exercising a power conferred by sub-paragraph (2) or (3) a
relevant officer may—

(a) open any containers;

(b) require the production of documents, books or records
relating to the ship or anything on it (but not including
35anything 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
which the relevant officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of
40documents, 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
they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the
45powers conferred by sub-paragraphs (2) and (3).

Immigration BillPage 142

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

Power of arrest and seizure

4 (1) This paragraph applies if a relevant officer has reasonable
5grounds to suspect that an offence under section 25, 25A or 25B
has been, or is being, committed on the ship.

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

(3) 10The relevant officer may seize and retain anything found on the
ship which appears to the officer to be evidence of the offence (but
not 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
15or elsewhere.

Protective searches of persons

5 (1) A 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) 20cause physical injury,

(b) cause 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
25anything of a kind mentioned in that sub-paragraph is
concealed 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
30officer has reasonable grounds to believe might—

(a) cause 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)
35may be retained when the person is released from detention.

(5) A 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) 40A power conferred by this paragraph may be exercised on the ship
or elsewhere.

Immigration BillPage 143

Search for nationality documents

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

(2) The relevant officer may search a person found on the ship where
5the 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) 10only 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
15of the power in paragraph 2.

(5) The power to retain a nationality document in sub-paragraph (4)
does not affect any other power of an immigration officer to retain
a document.

(6) Where the nationality document has been seized and retained by
20a 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) 25require 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,
30means 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
35to go.

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

Assistants

7 (1) A relevant officer may—

(a) 40be 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.

Immigration BillPage 144

(2) A 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

8 5A relevant officer may use reasonable force, if necessary, in the
performance of functions under this Part of this Schedule.

Evidence of authority

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

10Protection of relevant officers

10 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) the act was done in good faith, and

(b) 15there were reasonable grounds for doing it.

Offences

11 (1) A person commits an offence under the law of England and Wales
if the person—

(a) intentionally obstructs a relevant officer in the
20performance 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
of those functions.

(2) 25A 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
England and Wales if—

(a) the information is false in a material particular, and the
30person 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
officer has reasonable grounds for suspecting to be guilty of an
35offence 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 51
weeks, to a fine or to both.

(5) In the application of sub-paragraph (4) in relation to an offence
40committed before the coming into force of section 281(5) of the
Criminal Justice Act 2003 the reference to 51 weeks is to be read as
a reference to 6 months.

Immigration BillPage 145

Part 2 Scotland

Introductory

12 (1) This Part of this Schedule sets out the powers exercisable by
5immigration officers, Scottish constables and enforcement officers
(referred to in this Part of this Schedule as “relevant officers”)
under sections 28N and 28P(3).

(2) In this Part of this Schedule—

  • “items subject to legal privilege” has the same meaning as in
    10Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see
    section 412 of that Act);

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

Power to stop, board, divert and detain

13 (1) 15This paragraph applies if a relevant officer has reasonable
grounds to suspect that—

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

(b) the ship is otherwise being used in connection with the
20commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port in the United
25Kingdom and detained there.

(3) The relevant officer may require the master of the ship, or any
member of its crew, to take such action as is necessary for the
purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any
30ship detained under this paragraph.

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

Power to search and obtain information

14 (1) 35This 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) to an offence under section 25, 25A or 25B, or

(b) to an offence that is connected with an offence under any
40of those sections.

(2) The relevant officer may search—

(a) the ship;

Immigration BillPage 146