Immigration Bill (HL Bill 79)

Immigration BillPage 20

(b) an appeal against revocation of the licence is determined in
favour of the holder.

(7) Otherwise the driving licence may be dealt with in such manner as
that person thinks fit.

(8) 5Neither the Secretary of State nor the Department of the
Environment for Northern Ireland is obliged to re-issue a licence
which has been seized and retained under this paragraph.

(9) References in this paragraph to an appeal against the revocation of a
licence are to—

(a) 10an appeal under section 100 of the Road Traffic Act 1988, in
the case of a licence granted by the Secretary of State, or

(b) an appeal under Article 16 of the Road Traffic (Northern
Ireland) Order 1981 (SI 1981/154 (NI 1)SI 1981/154 (NI 1)), in the case of a
licence granted by the Department of the Environment for
15Northern Ireland.

(10) References in this paragraph to the holder of a driving licence, in
relation to a licence that has been revoked, include the person who
was the holder of the licence before it was revoked.”

(3) In paragraph 25D(8) (access and copying: meaning of seized material) at the
20end insert “other than a driving licence seized under paragraph 25CC.”

(4) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable
force) after paragraph (a) insert—

(aa) paragraph 25CA, 25CB or 25CC of Schedule 2 to the 1971 Act
(powers to search for and seize driving licences,”.

18 25Offence of driving when unlawfully in the United Kingdom

(1) The Immigration Act 1971 is amended in accordance with subsections (2) to (6).

(2) Before section 25 insert—

24C Driving when unlawfully in the United Kingdom

(1) A person commits an offence if the person drives a motor vehicle on a
30road or other public place at a time when the person is not lawfully
resident in the United Kingdom.

(2) A person who is guilty of an offence under subsection (1) is liable on
summary conviction—

(a) in England and Wales, to imprisonment for a term not
35exceeding 51 weeks, to a fine or to both;

(b) in Scotland or Northern Ireland, to imprisonment for a term not
exceeding 6 months, to a fine not exceeding level 5 on the
standard scale or to both.

(3) In relation to an offence committed before section 281(5) of the Criminal
40Justice Act 2003 comes into force, the reference in subsection (2)(a) to 51
weeks is to be read as a reference to 6 months.

(4) In this section “motor vehicle” and “road”—

(a) in relation to England and Wales and Scotland, have the same
meanings as in the Road Traffic Act 1988;

Immigration BillPage 21

(b) in relation to Northern Ireland, have the same meanings as in
the Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994SI 1995/2994
(NI 18)).

(5) For the purposes of this section a person is not lawfully resident in the
5United Kingdom if the person requires leave to enter or remain in the
United Kingdom but does not have it.

24D Detention of motor vehicles

(1) If a person (“P”) has been arrested for an offence under section 24C
committed in England and Wales or Northern Ireland, a senior officer
10or a constable may detain a relevant vehicle.

(2) Subject to regulations under subsection (8), a vehicle detained under
subsection (1) must be released—

(a) when a decision is taken not to charge P with the offence, or

(b) if P is charged with the offence—

(i) 15when P is acquitted, the charge against P is dismissed or
the proceedings are discontinued, or

(ii) if P is convicted, when the court decides not to order
forfeiture of the vehicle.

(3) If a person (“P”) has been arrested for an offence under section 24C
20committed in Scotland, a senior officer or a constable may detain a
relevant vehicle.

(4) Subject to regulations under subsection (8) a vehicle detained under
subsection (3) must be released—

(a) when a decision is taken not to institute criminal proceedings
25against P for the offence, or

(b) if criminal proceedings are instituted against P for the offence—

(i) when P is acquitted or, under section 65 or 147 of the
Criminal Procedure (Scotland) Act 1995, discharged or
liberated or the trial diet is deserted simpliciter, or

(ii) 30if P is convicted, when the court decides not to order
forfeiture of the vehicle.

(5) For the purposes of subsection (4) criminal proceedings are instituted
against a person (“P”) at whichever is the earliest of P’s first appearance
before the sheriff on petition or the service on P of an indictment or
35complaint.

(6) A power in subsection (1) or (3) may be exercised by a senior officer or
constable at any place at which the senior officer or constable is
lawfully present.

(7) A vehicle is a relevant vehicle in relation to P if the officer or constable
40concerned has reasonable grounds for believing it was used in the
commission by P of an offence under section 24C.

(8) The Secretary of State may by regulations make provision about the
release of a vehicle detained under subsection (1) or (3).

(9) Regulations under subsection (8) may in particular make provision—

(a) 45for the release of a vehicle before the time mentioned in
subsection (2) or (4);

Immigration BillPage 22

(b) about the procedure by which a person may seek to have a
vehicle released before or after that time;

(c) about the persons to whom a vehicle may or must be released
before or after that time;

(d) 5prescribing conditions to be met before a vehicle may be
released before or after that time (including a condition
requiring the payment of costs in relation to detention of the
vehicle and any application for its release);

(e) enabling a person specified in the regulations to waive
10compliance with such a condition;

(f) as to the disposal of a vehicle in a case where such a condition
is not met;

(g) as to the destination of the proceeds arising from the disposal of
a vehicle in such a case.

(10) 15Regulations under subsection (8)

(a) are to be made by statutory instrument;

(b) may make different provision for different cases;

(c) may make incidental, supplementary, consequential,
transitional, transitory or saving provision.

(11) 20A statutory instrument containing regulations under subsection (8) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(12) In this section “senior officer” means an immigration officer not below
the rank of chief immigration officer.

24E 25  Powers to enter premises to detain motor vehicle

(1) A senior officer or a constable may enter and search any premises for
the purposes of detaining a vehicle under section 24D.

(2) The power in subsection (1) may be exercised—

(a) only to the extent that it is reasonably required for that purpose,
30and

(b) only if the senior officer or constable knows that a vehicle which
may be detained under section 24D is to be found on the
premises.

(3) The power in subsection (1) may be exercised—

(a) 35by a senior officer (“S”) only if S produces identification
showing that S is an immigration officer (whether or not S is
asked to do so);

(b) by a constable (“C”) only if C produces identification showing
that C is a constable (whether or not C is asked to do so).

(4) 40Subsection (5) applies if, on an application by a senior officer or
constable, a justice of the peace is satisfied that there are reasonable
grounds for suspecting that a vehicle which may be detained under
section 24D may be found on premises mentioned in subsection (6).

(5) The justice of the peace may issue a warrant authorising any senior
45officer or constable to enter, if need be by force, the premises for the
purpose of searching for and detaining the vehicle.

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(6) The premises referred to in subsection (4) are—

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

(b) subject to subsection (10), any premises occupied or controlled
by a person specified in the application, including such sets of
5premises as are so specified (in which case the application is for
an “all premises warrant”).

(7) 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
10necessary to search premises occupied or controlled by the
person in question which are not specified in the application in
order to find the vehicle, and

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

(8) Subject to subsection (10), 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
20warrant.

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

(10) A justice of the peace in Scotland may not issue—

(a) an all premises warrant under this section authorising entry on
25premises by a constable, or

(b) a warrant under this section authorising multiple entries by a
constable.

(11) In the application of this section to Scotland, references to a justice of
the peace are to be read as references to the sheriff or a justice of the
30peace.

(12) In this section “senior officer” means an immigration officer not below
the rank of chief immigration officer.

24F Orders following conviction of offence under section 24C

(1) If a person is convicted of an offence under section 24C, the court may
35order the forfeiture of the vehicle used in the commission of the offence.

(2) Where a person who claims to have an interest in the vehicle applies to
the court to make representations on the question of forfeiture, the
court may not make an order under this section in respect of the vehicle
unless the person has been given an opportunity to make
40representations.

(3) For the purposes of subsection (2) the persons who have an interest in
a vehicle include—

(a) a person who owns it,

(b) the person in whose name the vehicle is registered under the
45Vehicle Excise and Registration Act 1994, and

(c) a person who is in possession of it under a hire purchase
agreement (or, in the case of a detained vehicle, was in

Immigration BillPage 24

possession of it under a hire purchase agreement immediately
before its detention).

(4) The Secretary of State may by regulations make provision about—

(a) the disposal of a vehicle forfeited under this section;

(b) 5the destination of the proceeds arising from the disposal of such
a vehicle.

(5) Regulations under subsection (4)

(a) are to be made by statutory instrument;

(b) may make different provision for different cases;

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

(6) A statutory instrument containing regulations under subsection (4) is
subject to annulment in pursuance of a resolution of either House of
Parliament.”

(3) 15In section 28A(3)(a) (arrest without warrant) before “25” insert “24C,”.

(4) In section 28B(5) (search and arrest by warrant: relevant offences) before “26A”
insert “24C,”.

(5) In section 28CA(1) (business premises: entry to arrest) for the “or” at the end of
paragraph (b) substitute—

(bb) 20for an offence under section 24C, or”.

(6) In section 28D(4) (entry and search of premises: relevant offences) before “25”
insert “24C,”.

(7) In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of
persons accompanying constables in execution of warrants) after “seizure”
25insert “or detention”.

(8) In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (SI 1989/1341 (NI 22)SI 1989/1341 (NI 22)) (powers of persons accompanying
constables in execution of warrants) after “seizure” insert “or detention”.

(9) In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable
30force) before paragraph (a) insert—

(za) section 24E(1) (powers to enter premises to detain motor
vehicle),”.

Bank accounts

19 Bank accounts

(1) 35Schedule 4 (bank accounts) has effect.

(2) Before the end of the period mentioned in subsection (3), the Secretary of State
must—

(a) review the operation of sections 40A to 40G of the Immigration Act
2014 (inserted by Schedule 4),

(b) 40prepare a report of the review, and

(c) lay a copy of the report before Parliament.

Immigration BillPage 25

(3) The period referred to in subsection (2) is the period of 5 years beginning with
the day on which Schedule 4 comes fully into force.

Part 3 Enforcement

5Powers of immigration officers etc

20 Powers in connection with examination, detention and removal

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control
on entry etc) is amended as follows.

(2) In paragraph 2(1) (examination by immigration officers) at the end of
10paragraph (c) insert ; and

(d) whether, if he has been given leave which is still in force, his
leave should be curtailed.”

(3) After paragraph 15 insert—

“Search of premises in connection with removal

15A (1) 15This paragraph applies if—

(a) an immigration officer is lawfully on any premises, and

(b) a person who is liable to be detained under paragraph 16(2)
is on the premises.

(2) The immigration officer may search the premises for documents
20which—

(a) relate to the person, and

(b) may be evidence for a ground on which the person’s leave to
enter or remain in the United Kingdom may be curtailed.

(3) The power may be exercised—

(a) 25only if the immigration officer has reasonable grounds for
believing there are documents within sub-paragraph (2) on
the premises, and

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

(4) 30An immigration officer searching premises under this paragraph
may seize any document the officer finds which the officer has
reasonable grounds for believing is a document within sub-
paragraph (2).

(5) Sub-paragraph (6) applies where—

(a) 35an immigration officer is searching premises under this
paragraph, and

(b) any document the officer has reasonable grounds for
believing is a document within sub-paragraph (2) is stored in
any electronic form and is accessible from the premises.

(6) 40The immigration officer may require the document to be produced
in a form in which it can be taken away and in which it is visible and

Immigration BillPage 26

legible or from which it can readily be produced in a visible and
legible form.

(7) If a requirement under sub-paragraph (6) is not complied with or a
document to which that sub-paragraph applies cannot be produced
5in a form of the kind mentioned in that sub-paragraph, the
immigration officer may seize the device or medium on which it is
stored.

(8) But sub-paragraphs (4) to (7) do not apply to a document which the
immigration officer has reasonable grounds for believing is an item
10subject to legal privilege.

(9) An immigration officer may retain a document seized under this
paragraph while—

(a) the person to whom the document relates is liable to be
detained under paragraph 16(2), and

(b) 15the document falls within sub-paragraph (2)(b).

(10) But a document may not be retained for the purpose mentioned in
sub-paragraph (9) if a photograph or copy would be sufficient for
that purpose.”

(4) In paragraph 25A (entry and search of premises where person arrested or
20detained under Schedule 2)—

(a) after sub-paragraph (7) insert—

(7A) Sub-paragraph (7B) applies where—

(a) an officer is searching premises under this paragraph,
and

(b) 25any document the officer has reasonable grounds for
believing is a relevant document is stored in any
electronic form and is accessible from the premises.

(7B) The officer may require the document to be produced in a
form in which it can be taken away and in which it is visible
30and legible or from which it can readily be produced in a
visible and legible form.

(7C) If a requirement under sub-paragraph (7B) is not complied
with or a document to which that sub-paragraph applies
cannot be produced in a form of the kind mentioned in that
35sub-paragraph, the officer may seize the device or medium
on which it is stored.”,

(b) in sub-paragraph (8) for “sub-paragraph (7)(a) does” substitute “sub-
paragraphs (7) to (7C) do”, and

(c) in sub-paragraph (8A) for “sub-paragraph (7)” substitute “this
40paragraph”.

(5) In paragraph 25B (search of person arrested under Schedule 2) after sub-
paragraph (8) insert—

(8A) Sub-paragraph (8B) applies where—

(a) an officer is searching a person under this paragraph, and

(b) 45any document the officer has reasonable grounds for
believing is a document within sub-paragraph (3)(b) is stored

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in any electronic form on a device or medium found on the
person.

(8B) The officer may require the document to be produced in a form in
which it can be taken away and in which it is visible and legible or
5from which it can readily be produced in a visible and legible form.

(8C) If a requirement under sub-paragraph (8B) is not complied with or a
document to which that sub-paragraph applies cannot be produced
in a form of the kind mentioned in that sub-paragraph, the officer
may seize the device or medium on which it is stored.

(8D) 10Sub-paragraphs (8B) and (8C) do not apply to a document which the
officer has reasonable grounds for believing is an item subject to
legal privilege.”

21 Search of premises in connection with imposition of civil penalty

(1) This section applies if an immigration officer is lawfully on any premises.

(2) 15The immigration officer may search the premises for documents which might
be of assistance in determining whether a person is liable to the imposition of
a penalty under—

(a) section 15 of the Immigration, Asylum and Nationality Act 2006
(penalty for employing illegal worker etc), or

(b) 20section 23 or 25 of the Immigration Act 2014 (penalty for leasing
premises to disqualified person etc).

(3) The power may be exercised—

(a) only if the immigration officer has reasonable grounds for believing
there are documents within subsection (2) on the premises, and

(b) 25only to the extent that it is reasonably required for the purpose of
discovering such documents.

(4) An immigration officer searching premises under this section may seize any
document the officer finds which the officer has reasonable grounds for
believing is a document within subsection (2).

(5) 30Subsection (6) applies where—

(a) an immigration officer is searching premises under this section, and

(b) any document the officer has reasonable grounds for believing is a
document within subsection (2) is stored in any electronic form and is
accessible from the premises.

(6) 35The immigration officer may require the document to be produced in a form in
which it can be taken away and in which it is visible and legible or from which
it can readily be produced in a visible and legible form.

(7) If a requirement under subsection (6) is not complied with or a document to
which that sub-paragraph applies cannot be produced in a form of the kind
40mentioned in that sub-paragraph, the immigration officer may seize the device
or medium on which it is stored.

(8) But subsections (4) to (7) do not apply to a document or item which the
immigration officer has reasonable grounds for believing is an item subject to
legal privilege.

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(9) An immigration officer may retain a document or item seized under this
section while the officer has reasonable grounds for believing that the
document may be required—

(a) for the purposes of determining whether a person is liable to the
5imposition of a penalty under a provision mentioned in subsection (2),

(b) for the purposes of any objection relating to the imposition of such a
penalty, or

(c) for the purposes of any appeal or other legal proceedings relating to the
imposition of such a penalty.

(10) 10But a document or item may not be retained for a purpose mentioned in
subsection (9) if a photograph or copy would be sufficient for that purpose.

(11) Section 28I of the Immigration Act 1971 (seized material: access and copying)
applies to a document seized and retained under this section as it applies to
anything seized and retained under Part 3 of that Act.

22 15Seizure and retention in relation to offences

(1) This section applies if an immigration officer is lawfully on any premises.

(2) The immigration officer may seize anything which the officer finds in the
course of exercising a function under the Immigration Acts if the officer has
reasonable grounds for believing—

(a) 20that it has been obtained in consequence of the commission of an
offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost,
damaged, altered or destroyed.

(3) The immigration officer may seize anything which the officer finds in the
25course of exercising a function under the Immigration Acts if the officer has
reasonable grounds for believing—

(a) that it is evidence in relation to an offence, and

(b) that it is necessary to seize it in order to prevent the evidence being
concealed, lost, altered or destroyed.

(4) 30The immigration officer may require any information which is stored in any
electronic form and is accessible from the premises to be produced if the officer
has reasonable grounds for believing—

(a) that—

(i) it is evidence in relation to an offence, or

(ii) 35it has been obtained in consequence of the commission of an
offence, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost,
tampered with or destroyed.

(5) The reference in subsection (4) to information which is stored in any electronic
40form being produced is to such information being produced in a form—

(a) in which it can be taken away, and

(b) in which it is visible and legible or from which it can readily be
produced in a visible and legible form.

(6) This section does not authorise an immigration officer to seize an item which
45the officer has reasonable grounds for believing is an item subject to legal
privilege.

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(7) Anything seized by an immigration officer under this section which relates to
an immigration offence may be retained so long as is necessary in all the
circumstances and in particular—

(a) may be retained, except as provided for by subsection (8)

(i) 5for 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 there are
reasonable grounds for believing that it has been obtained in
10consequence of the commission of an offence.

(8) Nothing may be retained for a purpose mentioned in subsection (7)(a) if a
photograph or copy would be sufficient for that purpose.

(9) Section 28I of the Immigration Act 1971 (seized material: access and copying)
applies to anything seized and retained under this section which relates to an
15immigration offence as it applies to anything seized and retained by an
immigration officer under Part 3 of that Act.

(10) This section does not apply in relation to anything which may be seized by an
immigration officer under—

(a) section 19 of the Police and Criminal Evidence Act 1984 as applied by
20an order under section 23 of the Borders, Citizenship and Immigration
Act 2009, or

(b) Article 21 of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (SI 1989/1341 (NI 12)SI 1989/1341 (NI 12) as applied by that section.

(11) In this section and section 23 “immigration offence” means an offence which
25relates to an immigration or nationality matter.

23 Duty to pass on items seized under section 22

(1) This section applies if an immigration officer exercises—

(a) the power under section 22 to seize or take away an item on the basis
that the item or information contained in it has been obtained in
30consequence of the commission of, or is evidence in relation to, an
offence other than an immigration offence (a “relevant offence”), or

(b) a power to that effect in Part 3 of the Immigration Act 1971 as applied
by section 14(3) of the Asylum and Immigration (Treatment of
Claimants etc) Act 2004.

(2) 35Subject to subsection (3), the immigration officer must, as soon as is reasonably
practicable after the power is exercised, notify a person who the immigration
officer thinks has functions in relation to the investigation of the relevant
offence.

(3) If the immigration officer has reasonable grounds for believing that the item
40referred to in subsection (1) has also been obtained in consequence of the
commission of, or is evidence in relation to, an immigration offence, the
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
45subsection (1) in relation to an item must, as soon as is reasonably practicable
after being so notified, inform the immigration officer whether the person will
accept the item.