Immigration Bill (HL Bill 96)

(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) only if the immigration officer has reasonable grounds for
5believing 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) An immigration officer searching premises under this paragraph
10may 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) an immigration officer is searching premises under this
15paragraph, 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) The immigration officer may require the document to be produced
20in 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 sub-paragraph (6) is not complied with or a
document to which that sub-paragraph applies cannot be produced
25in 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
30subject 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) 35the 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
40detained 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) 45any 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
and legible or from which it can readily be produced in a
visible and legible form.

(7C) 5If 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
sub-paragraph, the officer may seize the device or medium
on which it is stored.”,”

(b) 10in 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
paragraph”.

(5) In paragraph 25B (search of person arrested under Schedule 2) after sub-
15paragraph (8) insert—

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

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

(b) any document the officer has reasonable grounds for
believing is a document within sub-paragraph (3)(b) is stored
20in 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
from which it can readily be produced in a visible and legible form.

(8C) 25If 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) Sub-paragraphs (8B) and (8C) do not apply to a document which the
30officer has reasonable grounds for believing is an item subject to
legal privilege.”

45 Search of premises in connection with imposition of civil penalty

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

(2) The immigration officer may search the premises for documents which might
35be 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) section 23 or 25 of the Immigration Act 2014 (penalty for leasing
40premises 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) only to the extent that it is reasonably required for the purpose of
45discovering 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) Subsection (6) applies where—

(a) 5an 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) The immigration officer may require the document to be produced in a form in
10which 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
mentioned in that sub-paragraph, the immigration officer may seize the device
15or 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.

(9) An immigration officer may retain a document or item seized under this
20section 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
imposition of a penalty under a provision mentioned in subsection (2),

(b) for the purposes of any objection relating to the imposition of such a
25penalty, or

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

(10) But 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) 30Section 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.

46 Seizure and retention in relation to offences

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

(2) 35The 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) that it has been obtained in consequence of the commission of an
offence, and

(b) 40that 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
course of exercising a function under the Immigration Acts if the officer has
reasonable grounds for believing—

(a) 45that 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) The 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
5has reasonable grounds for believing—

(a) that—

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

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

(b) 10that 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
form being produced is to such information being produced in a form—

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

(b) 15in 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
the officer has reasonable grounds for believing is an item subject to legal
privilege.

(7) 20Anything 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) for use as evidence at a trial for an offence, or

(ii) 25for 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
consequence of the commission of an offence.

(8) 30Nothing 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
immigration offence as it applies to anything seized and retained by an
35immigration 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
an order under section 23 of the Borders, Citizenship and Immigration
40Act 2009, or

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

(11) In this section and section 47 “immigration offence” means an offence which
relates to an immigration or nationality matter.

47 45Duty to pass on items seized under section 46

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

(a) the power under section 46 to seize or take away an item on the basis
that the item or information contained in it has been obtained in
consequence of the commission of, or is evidence in relation to, an
offence other than an immigration offence (a “relevant offence”), or

(b) 5a 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) Subject to subsection (3), the immigration officer must, as soon as is reasonably
practicable after the power is exercised, notify a person who the immigration
10officer 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
referred to in subsection (1) has also been obtained in consequence of the
commission of, or is evidence in relation to, an immigration offence, the
15immigration 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
subsection (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
20accept the item.

(5) The person may inform the immigration officer that the person will not accept
the item only if—

(a) the person does not think the item or information contained in it has
been obtained in consequence of the commission of, or is evidence in
25relation to, an offence,

(b) the person does not have functions in relation to the investigation of the
relevant offence, or

(c) the person thinks that it would be more appropriate for the relevant
offence to be investigated by another person with such functions.

(6) 30If the person informs the immigration officer that the person will accept the
item, the immigration officer must give it to the person as soon as is reasonably
practicable.

(7) Once the item has been given as mentioned in subsection (6), any provision of
an enactment which applies to items seized or taken away by the person
35applies to the item as if it had been seized or taken away by the person for the
purposes of the investigation of the relevant offence.

(8) If the person informs the immigration officer that the person will not accept the
item because subsection (5)(a) applies, the immigration officer must, as soon as
is reasonably practicable, return the item in accordance with subsection (10).

(9) 40If the person informs the immigration officer that the person will not accept the
item because subsection (5)(b) or (c) applies, the immigration officer must, as
soon as is reasonably practicable—

(a) notify the exercise of a power mentioned in subsection (1) in relation to
the item to another person (if any) who the immigration officer thinks
45has functions in relation to the investigation of the relevant offence, or

(b) if there is no such person, return the item in accordance with subsection
(10).

(10) An item which must be returned in accordance with this subsection must be
returned—

(a) to the person from whom it was seized, or

(b) if there is no such person, to the place from which it was seized or taken
5away.

(11) Where an item to which this section applies or information contained in such
an item has been obtained in consequence of the commission of, or is evidence
in relation to, more than one offence, references in this section to the relevant
offence are to any of those offences.

(12) 10A function conferred or imposed by this section on an immigration officer may
be exercised by any other immigration officer.

(13) In this section “enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978,

(b) 15an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament,

(c) an enactment contained, or in an instrument made under, a Measure or
Act of the National Assembly for Wales, and

(d) an enactment contained in, or in an instrument made under, Northern
20Ireland legislation.

48 Retention of things seized under Part 3 of the Immigration Act 1971

After section 28H of the Immigration Act 1971 insert—

“28ZI Retention of seized material

(1) This section applies to anything seized by an immigration officer under
25this Part for the purposes of the investigation of an offence or on the
basis that it may be evidence relating to an offence.

(2) Anything seized as mentioned in subsection (1) 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 (3)—

(i) 30for 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
35obtained in consequence of the commission of an offence.

(3) Nothing may be retained for a purpose mentioned in subsection (2)(a)
if a photograph or copy would be sufficient for that purpose.”

49 Search for nationality documents by detainee custody officers etc

(1) The Secretary of State may direct a detainee custody officer, prison officer or
40prisoner custody officer to exercise any of the powers in subsection (6) in
relation to—

(a) a detained person who is detained in a removal centre, prison or young
offender institution, or

(b) a person who is detained in a short-term holding facility.

(2) The Secretary of State may direct a prison officer or prisoner custody officer to
exercise any of the powers in subsection (6) in relation to a person detained in
a prison or young offender institution—

(a) who has been recommended for deportation by a court under section
53(6) of the Immigration Act 1971,

(b) in respect of whom the Secretary of State has made, or intends to make,
a deportation order under section 5(1) of that Act, or

(c) in respect of whom the Secretary of State must make, or has made, a
deportation order under section 32(5) of the UK Borders Act 2007.

(3) 10In this section and section 50 “relevant officer” means a detainee custody
officer, prison officer or prisoner custody officer.

(4) The Secretary of State may give a direction in relation to a person detained as
mentioned in subsection (1) or (2) only if the Secretary of State has reasonable
grounds to believe a relevant nationality document will be found if a power in
15subsection (6) is exercised in relation to the person.

(5) A relevant officer to whom a direction is given under subsection (1) or (2) must
(if able to do so) comply with it.

(6) The powers referred to in subsections (1), (2) and (4) are—

(a) to require the person to hand over to the relevant officer all relevant
20nationality documents in his or her possession,

(b) to search for such documents and to take possession of any that the
relevant officer finds,

(c) to inspect any relevant nationality documents obtained in the course of
the exercise of a power in paragraph (a) or (b), and

(d) 25to seize and retain any such documents so obtained.

(7) The power in subsection (6)(b) is a power to search any of the following—

(a) the person;

(b) anything the person has with him or her;

(c) the person’s accommodation in the removal centre, short-term holding
30facility, prison or young offender institution;

(d) any item of the person’s property in the removal centre, short-term
holding facility, prison or young offender institution.

(8) A full search may be carried out under subsection (7)(a); but such a search may
not be carried out in the presence of—

(a) 35another person detained as mentioned in subsection (1) or (2), or

(b) a person of the opposite sex.

(9) An intimate search may not be carried out under subsection (7)(a).

(10) A relevant officer may if necessary use reasonable force for the purposes of
exercising a power in subsection (6)(a) or (b).

(11) 40A relevant officer must pass a relevant nationality document seized and
retained under subsection (6)(d) to the Secretary of State as soon as is
reasonably practicable.

(12) The Secretary of State may retain a relevant nationality document which comes
into the Secretary of State’s possession under subsection (11) while the
45Secretary of State suspects that—

(a) a person to whom the document relates may be liable to removal from
the United Kingdom in accordance with a provision of the Immigration
Acts, and

(b) retention of the document may facilitate the removal.

(13) 5If subsection (12) does not apply to a document which comes into the Secretary
of State’s possession under this section, the Secretary of State may—

(a) arrange for the document to be returned in accordance with subsection
(14), or

(b) if the Secretary of State thinks that it would not be appropriate to return
10the document, dispose of the document in such manner as the Secretary
of State thinks appropriate.

(14) A document which is required to be returned in accordance with this
subsection must be returned to—

(a) the person who was previously in possession of it, or

(b) 15if it was not found in the possession of a person, the location in which
it was found.

(15) In this section and section 50—

• “full search” means a search which involves the removal of an item of
  clothing which—

  (a)

  20is being worn wholly or partly on the trunk, and

  (b)

  is being so worn either next to the skin or next to an article of
  underwear;

• “intimate search” means a search which consists of a physical examination
  of a person’s body orifices other than the mouth;

• 25“nationality document” means a document which might—

  (a)

  establish a person’s identity, nationality or citizenship, or

  (b)

  indicate the place from which a person has travelled to the
  United Kingdom or to which a person is proposing to go.

(16) For the purposes of this section and section 50 a nationality document is
30“relevant” if it relates to a person who is liable to removal from the United
Kingdom in accordance with a provision of the Immigration Acts.

(17) In this section the following expressions have the same meaning as in Part 7 of
the Immigration and Asylum Act 1999 (see section 147)—

• “detained person”;

• 35“detainee custody officer”;

• “prisoner custody officer”;

• “removal centre”;

• “short-term holding facility”.

50 Seizure of nationality documents by detainee custody officers etc

(1) 40A relevant officer may seize a nationality document which the relevant officer
finds in the course of the exercise of a power to search other than one conferred
by section 49.

(2) Where a relevant officer seizes a nationality document under subsection (1),
the relevant officer—

(a) 45must seek the consent of the Secretary of State to retain the document,
and

(b) if the relevant officer obtains the Secretary of State’s consent, must pass
the document to the Secretary of State as soon as is practicable.

(3) The Secretary of State may give consent under subsection (2) only if the
Secretary of State has reasonable grounds to believe that—

(a) 5the document is a relevant nationality document, and

(b) the document may facilitate the removal of the person to whom it
relates from the United Kingdom in accordance with a provision of the
Immigration Acts.

(4) If the Secretary of State does not give consent under subsection (2), the
10Secretary of State must—

(a) direct the relevant officer to return the document as mentioned in
subsection (5), or

(b) if the Secretary of State thinks that it would not be appropriate to return
the document, direct the relevant officer to dispose of the document in
15such manner as the Secretary of State may direct.

(5) A document which is required to be returned in accordance with this
subsection must be returned to—

(a) the person who was previously in possession of it, or

(b) if it was not found in the possession of a person, the location in which
20it was found.

(6) The Secretary of State may retain a relevant nationality document which comes
into the Secretary of State’s possession under this section while the Secretary
of State suspects that—

(a) a person to whom the document relates may be liable to removal from
25the United Kingdom in accordance with a provision of the Immigration
Acts, and

(b) retention of the document may facilitate the removal.

(7) If subsection (6) does not apply to a document which comes into the Secretary
of State’s possession under this section, the Secretary of State may—

(a) 30arrange for the document to be returned in accordance with subsection
(5), or

(b) if the Secretary of State thinks that it would not be appropriate to return
the document, dispose of the document in such manner as the Secretary
of State thinks appropriate.

51 35Amendments relating to sections 49 and 50

(1) Schedule 11 to the Immigration and Asylum Act 1999 (detainee custody
officers) is amended as follows.

(2) In paragraph 4 (offence of assaulting detainee custody officer)—

(a) omit the “or” at the end of paragraph (b), and

(b) 40at the end of paragraph (c) insert “or

(d) performing functions under section 49 of the
Immigration Act 2016 (search for nationality
documents),”.

(3) In paragraph 5 (offence of obstructing detainee custody officer)—

(a) 45omit the “or” at the end of paragraph (b), and

(b) at the end of paragraph (c) insert “or

(d) performing functions under section 49 of the
Immigration Act 2016 (search for nationality
documents),”.

(4) 5After paragraph 8 insert—

“9 A reference in paragraph 4(d) or 5(d) to a detainee custody officer
performing functions under section 49 of the Immigration Act 2016
includes a reference to a prison officer or prisoner custody officer
performing such functions.”

52 10Amendments to search warrant provisions

Schedule 7 (amendments to search warrant provisions) has effect.

53 Supply of information to Secretary of State

(1) Section 20 of the Immigration and Asylum Act 1999 (supply of information to
Secretary of State) is amended in accordance with subsections (2) to (10).

(2) 15For the heading substitute “Power to supply information etc to Secretary of
State”.

(3) In subsection (1) for paragraphs (a) to (f) substitute—

“(a) a public authority, or

(b) any specified person, for purposes specified in relation to that
20person.”

(4) In subsection (1A) in each of paragraphs (a) and (b) for “a person listed in
subsection (1) or someone acting on his behalf” substitute “a public authority
or someone acting on behalf of a public authority”.

(5) After subsection (1A) insert—

“(1B) 25This section does not apply to—

(a) information which is held by the Crown Prosecution Service, or

(b) a document or article which comes into the possession of, or is
discovered by, the Crown Prosecution Service, or someone
acting on behalf of the Crown Prosecution Service,

30if section 40 of the UK Borders Act 2007 applies to the information,
document or article.”

(6) After subsection (2A) insert—

“(2B) Subsection (2A)(a) does not affect any other power of the Secretary of
State to retain a document or article.”

(7) 35In subsection (3) after paragraph (d) insert—

“(da) anything else that is done in connection with the exercise of a
function under any of the Immigration Acts;”.

(8) After subsection (3) insert—

“(3A) “Public authority” means a person with functions of a public nature but
40does not include—

(a) Her Majesty’s Revenue and Customs,