Immigration Bill (HL Bill 109)

(d) by e-mail, or

(e) in any other prescribed manner.

(2) The Secretary of State may by regulations provide that a document
issued or served in a manner listed in sub-paragraph (1) in
5accordance with the regulations is to be taken to have been
received at a time specified by or determined in accordance with
the regulations.

28G Interpretation of this Part of this Schedule

In this Part of this Schedule—

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

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

28H Regulations under this Part of this Schedule

(1) Regulations under this Part of this Schedule are to be made by
15statutory instrument.

(2) A statutory instrument containing (whether alone or with other
provision) regulations under paragraph 28(6) may not be made
unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(3) 20A statutory instrument containing any other regulations under
this Part of this Schedule and to which sub-paragraph (2) does not
apply is subject to annulment in pursuance of a resolution of either
House of Parliament.

(4) Regulations under this Part of this Schedule—

(a) 25may make different provision for different purposes;

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

Section 77

SCHEDULE 14 Maritime enforcement

1 30The Immigration Act 1971 is amended as follows.

2 In section 25(1) (offence of assisting unlawful immigration to member State),
in 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) 35after “arrival” insert “or attempted arrival”, and

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

4 In 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
40attempted breach”,

(b) for subsection (2) substitute—

“(2) Subsection (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
5health, other than a temporary exclusion order.”,

(c) in subsection (3)—

(i) in 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
10substitute “made an order excluding the individual from the
United Kingdom on the grounds of public policy, public
security or public health”, and

(d) after subsection (4) insert—

“(5) In this section a “temporary exclusion order” means an order
15under section 2 of the Counter-Terrorism and Security Act
2015.”

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
20proceedings for an offence under section 25, 25A or 25B.”

6 In 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 25Enforcement powers in relation to ships: England and Wales

(1) An 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) 30a United Kingdom ship;

(b) a ship without nationality;

(c) a foreign ship;

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

(2) 35But Part 1 powers may be exercised only—

(a) for 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.

(3) The authority of the Secretary of State is required before an
40immigration officer, an English and Welsh constable or an
enforcement officer may exercise Part 1 powers in relation to a
foreign 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 Enforcement powers in relation to ships: Scotland

(1) 5An 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) a United Kingdom ship;

(b) 10a 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) for the purpose of preventing, detecting, investigating or
15prosecuting 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 Scottish constable or an enforcement officer
may exercise Part 2 powers in relation to a foreign ship, or a ship
20registered 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 2
powers in relation to the ship.

28O 25Enforcement powers in relation to ships: Northern Ireland

(1) An 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) 30a 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 3 powers may be exercised only—

(a) 35for 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.

(3) The authority of the Secretary of State is required before an
immigration officer, a Northern Ireland constable or an enforcement
40officer may exercise Part 3 powers in relation to a foreign 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 3
45powers in relation to the ship.

28P Hot 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) 5the ship is pursued there,

(b) immediately 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) 10for the purpose mentioned in subsection (2)(a) of section
28M, and

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

(3) An immigration officer, a Scottish constable or an enforcement
15officer may exercise Part 2 powers in relation to a ship in England
and Wales waters or in Northern Ireland waters if—

(a) the ship is pursued there,

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

(c) 20the condition in subsection (7) is met.

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

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

(b) (if relevant) in accordance with subsections (3) and (4) of that
25section.

(5) An immigration officer, a Northern Ireland constable or an
enforcement 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) 30immediately before the pursuit of the ship, the ship was in
Northern Ireland waters, and

(c) the 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,
35and

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

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

(a) 40before the pursuit of the ship, a signal is given for it to stop,
and

(b) the 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) 45For the purposes of subsection (7)(b), pursuit is not interrupted by
reason only of the fact that—

(a) the 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
5constable or an enforcement officer may have.

28Q Interpretation 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
  10that Convention agreed after the passing of this Act that have
  entered 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)

  15a person in command or charge of any aircraft or
  hovercraft of the Royal Navy, the Army or the Royal
  Air Force;

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

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

  (a)

  a 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
  25the Marine Navigation Act 2013, or a person
  appointed to act as a constable under provision made
  by 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
  30Kingdom, or

  (b)

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

• “Northern Ireland constable” means only a person who is—

  (a)

  a member of the Police Service of Northern Ireland,

  (b)

  35a member of the Police Service of Northern Ireland
  Reserve, or

  (c)

  a person appointed as a special constable in Northern
  Ireland by virtue of provision incorporating section
  79 of the Harbours, Docks, and Piers Clauses Act
  401847;

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

• “Part 1 powers” means the powers set out in Part 1 of Schedule
  454A;

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

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

Immigration BillPage 206

• “relevant territory” means—

  (a)

  the Isle of Man;

  (b)

  any of the Channel Islands;

  (c)

  a British overseas territory;

• 5“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);

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

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

• “ship without nationality” means a ship which—

  (a)

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

  (b)

  15sails 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;

• “United Kingdom ship” means a ship which—

  (a)

  is registered under Part 2 of the Merchant Shipping
  20Act 1995,

  (b)

  is a Government ship within the meaning of that Act,

  (c)

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

  (d)

  25is 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
connection” if the person is—

(a) 30a 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) a body corporate which is established under the law of a part
35of 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

40Part 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

enforcement 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
  5the Police and Criminal Evidence Act 1984 (see section 10
  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

2 (1) 10This 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
15commission 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
20Kingdom 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
25ship 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) 30This 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
35of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) anyone on the ship;

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

(3) 40The 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
required 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
5relevant 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) open any containers;

(b) 10require 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) make photographs or copies of anything the production of
15which 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
provision of the documents, books or records in a form in which
20they 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
or elsewhere.

25Power of arrest and seizure

4 (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) The relevant officer may arrest without warrant anyone whom the
30constable or 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
not including anything that the constable or officer has reasonable
35grounds 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.

Protective searches of persons

5 (1) A relevant officer may search a person found on the ship for
40anything which the officer has reasonable grounds to believe the
person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(2) 45The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that
anything 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
5purpose of discovering any such thing.

(3) The relevant officer may seize and retain anything which the
officer has reasonable grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(c) 10endanger the safety of any ship.

(4) If the person is detained, nothing seized under sub-paragraph (3)
may 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
15clothing in public other than an outer coat, jacket or gloves, but it
does authorise the search of a person’s mouth.

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

Search for nationality documents

6 (1) 20A 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
the officer has reasonable grounds to believe that a nationality
document is concealed on the person.

(3) 25The 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) only to the extent that it is reasonably required for the
purpose of discovering any such document.

(4) 30Subject 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
of the power in paragraph 2.

(5) The power to retain a nationality document in sub-paragraph (4)
35does not affect any other power of an immigration officer to retain
a document.

(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
40after 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) 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
grounds 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) 5establish 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
to go.

(9) 10A power conferred by this paragraph may be exercised on the ship
or elsewhere.

Assistants

7 (1) A relevant officer may—

(a) be accompanied by other persons, and

(b) 15take equipment or materials,

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

(2) A person accompanying a relevant officer under sub-paragraph
(1) may perform any of the officer’s functions under this Part of
20this Schedule, but only under the officer’s supervision.

Reasonable force

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

Evidence of authority

9 25A relevant officer must produce evidence of the officer’s authority
if asked to do so.

Protection 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
30under this Part of this Schedule if the court is satisfied that—

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

(b) there were reasonable grounds for doing it.

Offences

11 (1) A person commits an offence under the law of England and Wales
35if the person—

(a) intentionally obstructs a relevant officer in the
performance of functions under this Part of this Schedule,
or

(b) fails without reasonable excuse to comply with a
40requirement made by a relevant officer in the performance
of those functions.