Immigration Bill (HL Bill 79)

(b) anyone on the ship;

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

(3) The relevant officer may require a person on the ship to give
information about himself or herself or about anything on the
5ship.

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

(a) is only a power to search to the extent that it is reasonably
required for the purpose of discovering evidence of the
kind mentioned in sub-paragraph (1), and

(b) 10in 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) In exercising a power conferred by sub-paragraph (2) or (3) a
relevant officer may—

(a) 15open any containers;

(b) require the production of documents, books or records
relating to the ship or anything on it (but not including
anything the relevant officer has reasonable grounds to
believe to be an item subject to legal privilege);

(c) 20make 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
documents, books or records includes, in relation to documents,
books or records kept in electronic form, power to require the
25provision of the documents, books or records in a form in which
they are legible and can be taken away.

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

(8) A power conferred by this paragraph may be exercised on the ship
30or elsewhere.

Power of arrest and seizure

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

(2) 35The relevant officer may arrest without warrant anyone whom the
officer has reasonable grounds for suspecting to be guilty of the
offence.

(3) The relevant officer may seize and retain anything found on the
ship which appears to the officer to be evidence of the offence (but
40not including anything that the officer has reasonable grounds to
believe to be an item subject to legal privilege).

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

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Protective searches of persons

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

(a) 5cause 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
10anything 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
15officer 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)
20may 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) 25A power conferred by this paragraph may be exercised on the ship
or elsewhere.

Search for nationality documents

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

(2) 30The relevant officer may search a person found on the ship where
the 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
35nationality document is concealed on the person; and

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

(4) Subject as follows, the officer may seize and retain a nationality
document for as long as the officer believes the person to whom it
40relates will arrive in the United Kingdom by virtue of the exercise
of the power in paragraph 13.

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

Immigration BillPage 148

(6) Where the nationality document has been seized and retained by
a relevant officer who is not an immigration officer, the document
must be passed to an immigration officer as soon as is practicable
after the ship has arrived in the United Kingdom.

(7) 5The power conferred by this paragraph to search a person does
not authorise a relevant officer to—

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

(b) seize and retain any document the officer has reasonable
10grounds to believe to be an item subject to legal privilege.

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

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

(b) 15indicate the place from which the person has travelled to
the United Kingdom or to which the person is proposing
to go.

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

20Assistants

18 (1) A relevant officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Part of this
25Schedule.

(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

19 30A relevant officer may use reasonable force, if necessary, in the
performance of functions under this Part of this Schedule.

Evidence of authority

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

35Protection of relevant officers

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

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

(b) 40there were reasonable grounds for doing it.

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Offences

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

(a) intentionally obstructs a relevant officer in the
5performance 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) 10A person who provides information in response to a requirement
made by a relevant officer in the performance of functions under
this Part of this Schedule commits an offence under the law of
Scotland if—

(a) the information is false in a material particular, and the
15person 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
20offence under this paragraph.

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

25Part 3 Northern Ireland

Introductory

23 (1) This Part of this Schedule sets out the powers exercisable by
immigration officers, Northern Ireland constables and
30enforcement officers (referred to in this Part of this Schedule as
“relevant officers”) under sections 28O and 28P(5).

(2) In this Part of this Schedule—

  • “items subject to legal privilege” has the same meaning as in
    the Police and Criminal Evidence (Northern Ireland)
    35Order 1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12)) (see Article 12 of that
    Order);

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

Power to stop, board, divert and detain

24 (1) 40This 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