|
| |
|
(b) | in the case of a vehicle, the owner or hirer, and |
| |
(c) | in any case, persons responsible for the import or export of the freight |
| |
into or from the United Kingdom. |
| |
(4) | A constable may impose a requirement under subsection (2) only if he thinks |
| |
| 5 |
(a) | in the case of a constable in England, Wales or Northern Ireland, for |
| |
| |
(b) | in the case of a constable in Scotland, for police purposes which are or |
| |
relate to reserved matters. |
| |
| 10 |
(a) | “freight information” means information which is of a kind specified by |
| |
order of the Secretary of State and which relates to freight carried, |
| |
(b) | “police purposes” has the meaning given by section 21(3) of the |
| |
Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of |
| |
| 15 |
(c) | “reserved matters” has the same meaning as in the Scotland Act 1998 |
| |
| |
(6) | A requirement imposed under subsection (2)— |
| |
| |
(b) | may apply generally or only to one or more specified ships, aircraft or |
| 20 |
| |
(c) | must specify a period, not exceeding six months and beginning with |
| |
the date on which it is imposed, during which it has effect, and |
| |
| |
(i) | the information required, and |
| 25 |
(ii) | the date or time by which it is to be provided. |
| |
(7) | The Secretary of State may make an order specifying a kind of information |
| |
under subsection (5)(a) only if satisfied that the nature of the information is |
| |
such that there are likely to be circumstances in which it can be required under |
| |
subsection (2) without breaching Convention rights (within the meaning of the |
| 30 |
Human Rights Act 1998 (c. 42)). |
| |
(8) | An order under subsection (5)(a)— |
| |
(a) | may apply generally or only to specified cases or circumstances, |
| |
(b) | may make different provision for different cases or circumstances, |
| |
(c) | may specify the form and manner in which the information is to be |
| 35 |
| |
(d) | shall be made by statutory instrument, and |
| |
(e) | shall be subject to annulment in pursuance of a resolution of either |
| |
| |
| 40 |
(1) | A person commits an offence if without reasonable excuse he fails to comply |
| |
with a requirement imposed under section 31(2) or (3) or 32(2). |
| |
(2) | A person who is guilty of an offence under subsection (1) shall be liable on |
| |
| |
(a) | imprisonment for a term not exceeding 51 weeks in England and Wales |
| 45 |
or 6 months in Scotland or Northern Ireland, |
| |
|
| |
|
| |
|
(b) | a fine not exceeding level 4 on the standard scale, or |
| |
| |
(3) | In relation to a conviction occurring before the commencement of section |
| |
281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of |
| |
sentences) the reference to 51 weeks in subsection (2)(a) shall be taken as a |
| 5 |
reference to three months. |
| |
34 | Power of Revenue and Customs to obtain information |
| |
In section 35(2) and (3) of the Customs and Excise Management Act 1979 (c. 2) |
| |
(arrivals in the United Kingdom) after “arriving” insert “, or expected to |
| |
| 10 |
35 | Duty to share information |
| |
(1) | This section applies to— |
| |
(a) | the Secretary of State in so far as he has functions under the |
| |
| |
(b) | a chief officer of police, and |
| 15 |
(c) | Her Majesty’s Revenue and Customs. |
| |
(2) | The persons specified in subsection (1) shall share information to which |
| |
subsection (4) applies and which is obtained or held by them in the course of |
| |
their functions to the extent that the information is likely to be of use for— |
| |
(a) | immigration purposes, |
| 20 |
| |
(c) | Revenue and Customs purposes. |
| |
(3) | But a chief officer of police in Scotland shall share information under |
| |
subsection (2) only to the extent that it is likely to be of use for— |
| |
(a) | immigration purposes, |
| 25 |
(b) | police purposes, in so far as they are or relate to reserved matters within |
| |
the meaning of the Scotland Act 1998 (c. 46), or |
| |
(c) | Revenue and Customs purposes other than the prosecution of crime. |
| |
(4) | This subsection applies to information which— |
| |
(a) | is obtained or held in the exercise of a power specified by the Secretary |
| 30 |
of State and the Treasury jointly by order and relates to— |
| |
(i) | passengers on a ship or aircraft, |
| |
(ii) | crew of a ship or aircraft, |
| |
(iii) | freight on a ship or aircraft, or |
| |
(iv) | flights or voyages, or |
| 35 |
(b) | relates to such other matters in respect of travel or freight as the |
| |
Secretary of State and the Treasury may jointly specify by order. |
| |
(5) | The Secretary of State and the Treasury may make an order under subsection |
| |
(4) which has the effect of requiring information to be shared only if satisfied |
| |
| 40 |
(a) | the sharing is likely to be of use for— |
| |
(i) | immigration purposes, |
| |
| |
(iii) | Revenue and Customs purposes, and |
| |
|
| |
|
| |
|
(b) | the nature of the information is such that there are likely to be |
| |
circumstances in which it can be shared under subsection (2) without |
| |
breaching Convention rights (within the meaning of the Human Rights |
| |
| |
(6) | Information shared in accordance with subsection (2)— |
| 5 |
(a) | shall be made available to each of the persons specified in subsection |
| |
| |
(b) | may be used for immigration purposes, police purposes or Revenue |
| |
and Customs purposes (regardless of its source). |
| |
(7) | An order under subsection (4) may not specify— |
| 10 |
(a) | a power of Her Majesty’s Revenue and Customs if or in so far as it |
| |
relates to a matter to which section 7 of the Commissioners for Revenue |
| |
and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, |
| |
| |
(b) | a matter to which that section applies. |
| 15 |
(8) | An order under subsection (4)— |
| |
(a) | shall be made by statutory instrument, and |
| |
(b) | may not be made unless a draft has been laid before and approved by |
| |
resolution of each House of Parliament. |
| |
| 20 |
“chief officer of police” means— |
| |
(a) | in England and Wales, the chief officer of police for a police area |
| |
specified in section 1 of the Police Act 1996 (c. 16), |
| |
(b) | in Scotland, the chief constable of a police force maintained |
| |
under the Police (Scotland) Act 1967 (c. 77), and |
| 25 |
(c) | in Northern Ireland, the chief constable of the Police Service of |
| |
| |
“immigration purposes” has the meaning given by section 20(3) of the |
| |
Immigration and Asylum Act 1999 (c. 33) (disclosure to Secretary of |
| |
| 30 |
“police purposes” has the meaning given by section 21(3) of that Act |
| |
(disclosure by Secretary of State), and |
| |
“Revenue and Customs purposes” means those functions of Her |
| |
Majesty’s Revenue and Customs specified in section 21(6) of that Act. |
| |
(10) | This section has effect despite any restriction on the purposes for which |
| 35 |
information may be disclosed or used. |
| |
36 | Information sharing: code of practice |
| |
(1) | The Secretary of State and the Treasury shall jointly issue one or more codes of |
| |
| |
(a) | the use of information shared in accordance with section 35(2), and |
| 40 |
(b) | the extent to which, or form or manner in which, shared information is |
| |
to be made available in accordance with section 35(6). |
| |
| |
(a) | shall not be issued unless a draft has been laid before Parliament, and |
| |
(b) | shall come into force in accordance with provision made by order of the |
| 45 |
Secretary of State and the Treasury jointly. |
| |
|
| |
|
| |
|
(3) | The Secretary of State and the Treasury shall jointly from time to time review |
| |
a code and may revise and re-issue it following a review; and subsection (2) |
| |
shall apply to a revised code. |
| |
(4) | An order under subsection (2)— |
| |
(a) | shall be made by statutory instrument, and |
| 5 |
(b) | shall be subject to annulment in pursuance of a resolution of either |
| |
| |
37 | Disclosure of information for security purposes |
| |
(1) | A person specified in subsection (2) may disclose information obtained or held |
| |
in the course of his functions to a person specified in subsection (3) if he thinks |
| 10 |
that the information is likely to be of use for a purpose specified in— |
| |
(a) | section 1 of the Security Service Act 1989 (c. 5), or |
| |
(b) | section 1 or 3 of the Intelligence Services Act 1994 (c. 13). |
| |
(2) | The persons who may disclose information in accordance with subsection (1) |
| |
| 15 |
(a) | the Secretary of State in so far as he has functions under the |
| |
| |
(b) | a chief officer of police, and |
| |
(c) | Her Majesty’s Revenue and Customs. |
| |
(3) | The persons to whom information may be disclosed in accordance with |
| 20 |
| |
(a) | the Director-General of the Security Service, |
| |
(b) | the Chief of the Secret Intelligence Service, and |
| |
(c) | the Director of the Government Communications Headquarters. |
| |
(4) | The information referred to in subsection (1) is information— |
| 25 |
(a) | which is obtained or held in the exercise of a power specified by the |
| |
Secretary of State and the Treasury jointly by order and relates to— |
| |
(i) | passengers on a ship or aircraft, |
| |
(ii) | crew of a ship or aircraft, |
| |
(iii) | freight on a ship or aircraft, or |
| 30 |
(iv) | flights or voyages, or |
| |
(b) | which relates to such other matters in respect of travel or freight as the |
| |
Secretary of State and the Treasury may jointly specify by order. |
| |
(5) | In subsection (2) “chief officer of police” means— |
| |
(a) | in England and Wales, the chief officer of police for a police area |
| 35 |
specified in section 1 of the Police Act 1996 (c. 16), |
| |
(b) | in Scotland, the chief constable of a police force maintained under the |
| |
Police (Scotland) Act 1967 (c. 77), and |
| |
(c) | in Northern Ireland, the chief constable of the Police Service of |
| |
| 40 |
(6) | An order under subsection (4) may not specify— |
| |
(a) | a power of Her Majesty’s Revenue and Customs if or in so far as it |
| |
relates to a matter to which section 7 of the Commissioners for Revenue |
| |
and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, |
| |
| 45 |
|
| |
|
| |
|
(b) | a matter to which that section applies. |
| |
(7) | An order under this section— |
| |
(a) | shall be made by statutory instrument, and |
| |
(b) | may not be made unless a draft has been laid before and approved by |
| |
resolution of each House of Parliament. |
| 5 |
(8) | This section has effect despite any restriction on the purposes for which |
| |
information may be disclosed or used. |
| |
38 | Disclosure to law enforcement agencies |
| |
(1) | A chief officer of police may disclose information obtained in accordance with |
| |
| 10 |
(a) | the States of Jersey police force; |
| |
(b) | the salaried police force of the Island of Guernsey; |
| |
(c) | the Isle of Man constabulary; |
| |
(d) | any other foreign law enforcement agency. |
| |
(2) | In subsection (1) “foreign law enforcement agency” means a person outside the |
| 15 |
United Kingdom with functions similar to functions of— |
| |
(a) | a police force in the United Kingdom, or |
| |
(b) | the Serious Organised Crime Agency. |
| |
(3) | In subsection (1) “chief officer of police” means— |
| |
(a) | in England and Wales, the chief officer of police for a police area |
| 20 |
specified in section 1 of the Police Act 1996 (c. 16), |
| |
(b) | in Scotland, the chief constable of a police force maintained under the |
| |
Police (Scotland) Act 1967 (c. 77), and |
| |
(c) | in Northern Ireland, the chief constable of the Police Service of |
| |
| 25 |
39 | Searches: contracting out |
| |
(1) | An authorised person may, in accordance with arrangements made under this |
| |
section, search a searchable ship, aircraft, vehicle or other thing for the purpose |
| |
of satisfying himself whether there are individuals whom an immigration |
| |
officer might wish to examine under paragraph 2 of Schedule 2 to the |
| 30 |
Immigration Act 1971 (c. 77) (control of entry: administrative provisions). |
| |
(2) | For the purposes of subsection (1)— |
| |
(a) | “authorised” means authorised for the purpose of this section by the |
| |
| |
(b) | a ship, aircraft, vehicle or other thing is “searchable” if an immigration |
| 35 |
officer could search it under paragraph 1(5) of that Schedule. |
| |
(3) | The Secretary of State may authorise a specified class of constable for the |
| |
| |
(4) | The Secretary of State may, with the consent of the Commissioners for Her |
| |
Majesty’s Revenue and Customs, authorise a specified class of officers of |
| 40 |
Revenue and Customs for the purpose of this section. |
| |
(5) | The Secretary of State may authorise a person other than a constable or officer |
| |
of Revenue and Customs for the purpose of this section only if— |
| |
|
| |
|
| |
|
(a) | the person applies to be authorised, and |
| |
(b) | the Secretary of State thinks that the person is— |
| |
(i) | fit and proper for the purpose, and |
| |
| |
(6) | The Secretary of State— |
| 5 |
(a) | may make arrangements for the exercise by authorised constables of |
| |
the powers under subsection (1), |
| |
(b) | may make arrangements with the Commissioners for Her Majesty’s |
| |
Revenue and Customs for the exercise by authorised officers of |
| |
Revenue and Customs of the powers under subsection (1), and |
| 10 |
(c) | may make arrangements with one or more persons for the exercise by |
| |
authorised persons other than constables and officers of Revenue and |
| |
Customs of the power under subsection (1). |
| |
(7) | Where in the course of a search under this section an authorised person |
| |
discovers an individual whom he thinks an immigration officer might wish to |
| 15 |
examine under paragraph 2 of that Schedule, the authorised person may— |
| |
(a) | search the individual for the purpose of discovering whether he has |
| |
with him anything of a kind that might be used— |
| |
(i) | by him to cause physical harm to himself or another, |
| |
(ii) | by him to assist his escape from detention, or |
| 20 |
(iii) | to establish information about his identity, nationality or |
| |
citizenship or about his journey; |
| |
(b) | retain, and as soon as is reasonably practicable deliver to an |
| |
immigration officer, anything of a kind described in paragraph (a) |
| |
found on a search under that paragraph; |
| 25 |
(c) | detain the individual, for a period which is as short as is reasonably |
| |
necessary and which does not exceed three hours, pending the arrival |
| |
of an immigration officer to whom the individual is to be delivered; |
| |
(d) | take the individual, as speedily as is reasonably practicable, to a place |
| |
for the purpose of delivering him to an immigration officer there; |
| 30 |
(e) | use reasonable force for the purpose of doing anything under |
| |
| |
(8) | Despite the generality of subsection (7)— |
| |
(a) | an individual searched under that subsection may not be required to |
| |
remove clothing other than an outer coat, a jacket or a glove (but he |
| 35 |
may be required to open his mouth), and |
| |
(b) | an item may not be retained under subsection (7)(b) if it is subject to |
| |
| |
(i) | in relation to a search carried out in England and Wales, within |
| |
the meaning of the Police and Criminal Evidence Act 1984 |
| 40 |
| |
(ii) | in relation to a search carried out in Scotland, within the |
| |
meaning of section 412 of the Proceeds of Crime Act 2002 (c. 29), |
| |
| |
(iii) | in relation to a search carried out in Northern Ireland, within |
| 45 |
the meaning of the Police and Criminal Evidence (Northern |
| |
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). |
| |
|
| |
|