|
| |
| |
(e) | references in those orders to a designated office of Revenue and |
| |
Customs are to be read as references to a designated office of the UK |
| |
| |
(f) | references in those orders to a relevant indictable offence are to be read |
| |
as references to an indictable offence that relates to a general customs |
| 5 |
matter or a customs revenue matter; |
| |
(g) | references in those orders to a relevant investigation are to be read as |
| |
references to a criminal investigation conducted by a designated |
| |
customs official that relates to a general customs matter or a customs |
| |
| 10 |
(h) | references in those orders to a person being in Revenue and Customs |
| |
detention are to be read as references to a person being in UK Border |
| |
| |
(i) | references in those orders to an officer of Revenue and Customs of at |
| |
least the grade of officer are to be read as references to a designated |
| 15 |
customs official of at least the grade of immigration officer or executive |
| |
| |
(j) | references in those orders to an officer of Revenue and Customs of at |
| |
least the grade of higher officer are to be read as references to a |
| |
designated customs official of at least the grade of chief immigration |
| 20 |
officer or higher executive officer; |
| |
(k) | references in those orders to an officer of Revenue and Customs of at |
| |
least the grade of senior officer are to be read as references to a |
| |
designated customs official of at least the grade of immigration |
| |
inspector or senior executive officer; |
| 25 |
(l) | any other references in those orders to an officer of Revenue and |
| |
Customs occupying a specified post or grade are to be read as |
| |
references to the Secretary of State. |
| |
(4) | For the purposes of this section— |
| |
(a) | a person is in UK Border Agency detention if— |
| 30 |
(i) | the person has been taken to an office of the UK Border Agency |
| |
after being arrested for an offence, or |
| |
(ii) | the person is arrested at an office of the UK Border Agency after |
| |
attending voluntarily at the office or accompanying a |
| |
designated customs official to it, |
| 35 |
| and is detained there or is detained elsewhere in the charge of a |
| |
designated customs official, and |
| |
(b) | “office of the UK Border Agency” means premises wholly or partly |
| |
occupied by designated customs officials. |
| |
(5) | This section does not apply to the following provisions of the PACE orders— |
| 40 |
(a) | in article 2(1) of the Police and Criminal Evidence Act 1984 (Application |
| |
to Revenue and Customs) Order 2007 (S.I. 2007/3175), the definitions |
| |
of “the Commissioners”, “office of Revenue and Customs”, “relevant |
| |
indictable offence” and “relevant investigation”; |
| |
(b) | article 2(2) of that order (Revenue and Customs detention); |
| 45 |
(c) | article 7 of that order (restriction on other powers to apply for |
| |
production of documents); |
| |
(d) | article 19 of that order (authorisation); |
| |
(e) | in article 2(1) of the Police and Criminal Evidence (Application to |
| |
Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), |
| 50 |
| |
| |
|
| |
| |
the definitions of “the Commissioners”, “office of Revenue and |
| |
Customs”, “relevant indictable offence” and “relevant investigation”; |
| |
(f) | article 2(2) of that order (Revenue and Customs detention); |
| |
(g) | article 7 of that order (restriction on other powers to apply for |
| |
production of documents); |
| 5 |
(h) | article 15 of that order (authorisation). |
| |
(6) | A person may be transferred— |
| |
(a) | between UK Border Agency detention and Revenue and Customs |
| |
| |
(b) | between Revenue and Customs detention and UK Border Agency |
| 10 |
| |
(c) | between UK Border Agency detention and police detention; |
| |
(d) | between police detention and UK Border Agency detention. |
| |
(7) | The references to police detention in subsection (6)— |
| |
(a) | in relation to England and Wales, are to be construed in accordance |
| 15 |
with the Police and Criminal Evidence Act 1984 (c. 60); |
| |
(b) | in relation to Northern Ireland, are to be construed in accordance with |
| |
the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. |
| |
| |
(8) | Expressions used in this section that are defined in a PACE order have the |
| 20 |
same meaning as in that PACE order. |
| |
(9) | This section does not affect the generality of sections 1(4), 3(5), 7(5) and 11(4) |
| |
(construction of statutory etc. references to the Commissioners for Her |
| |
Majesty’s Revenue and Customs, officers of Revenue and Customs and Her |
| |
Majesty’s Revenue and Customs). |
| 25 |
23 | Investigations and detention: England and Wales and Northern Ireland |
| |
(1) | The Secretary of State may by order provide for any provision of an enactment |
| |
listed in subsection (2) that relates to investigations of offences conducted by |
| |
police officers or to persons detained by the police to apply, subject to such |
| |
modifications as the order may specify, in relation to— |
| 30 |
(a) | investigations conducted by designated customs officials, |
| |
(b) | persons detained by designated customs officials, |
| |
(c) | investigations conducted by immigration officers, or |
| |
(d) | persons detained by immigration officers. |
| |
(2) | Those enactments are— |
| 35 |
(a) | the Police and Criminal Evidence Act 1984, and |
| |
(b) | the Police and Criminal Evidence (Northern Ireland) Order 1989. |
| |
(3) | An order under this section may make, in relation to designated customs |
| |
officials, immigration officers, the Secretary of State or the Director of Border |
| |
Revenue, provision similar to that which may be made in relation to officers of |
| 40 |
Revenue and Customs or the Commissioners for Her Majesty’s Revenue and |
| |
| |
(a) | section 114 of the Police and Criminal Evidence Act 1984, or |
| |
(b) | article 85 of the Police and Criminal Evidence (Northern Ireland) Order |
| |
| 45 |
| |
| |
|
| |
| |
(4) | If an order under this section provides that a function may be exercised only |
| |
by a person acting with the authority of the Secretary of State or the Director of |
| |
Border Revenue, a certificate of the Secretary of State or (as the case may be) the |
| |
Director that the person had authority to exercise the function is conclusive |
| |
| 5 |
(5) | An order under this section may amend or repeal section 22 (application of the |
| |
| |
24 | Investigations and detention: Scotland |
| |
(1) | After section 26B of the Criminal Law (Consolidation) (Scotland) Act 1995 |
| |
| 10 |
“26C | Investigations by designated customs officials |
| |
(1) | In the application of this Part of this Act to investigations conducted by |
| |
designated customs officials— |
| |
(a) | references to an officer are to a designated customs official; |
| |
(b) | references to an authorised officer are to a designated customs |
| 15 |
official acting with the authority (which may be general or |
| |
| |
(i) | the Secretary of State in relation to investigations |
| |
relating to general customs matters, or |
| |
(ii) | the Director of Border Revenue in relation to |
| 20 |
investigations relating to customs revenue matters; |
| |
(c) | references to the Commissioners for Her Majesty’s Revenue |
| |
| |
(i) | the Secretary of State in relation to investigations |
| |
relating to general customs matters, or |
| 25 |
(ii) | the Director of Border Revenue in relation to |
| |
investigations relating to customs revenue matters; |
| |
(d) | references to an office of Revenue and Customs are to premises |
| |
wholly or partly occupied by designated customs officials; |
| |
(e) | references to a superior officer are to— |
| 30 |
(i) | an immigration officer not below the grade of Inspector, |
| |
(ii) | a person of the grade of Senior Executive Officer, or |
| |
(iii) | a person of a grade equivalent to that within sub- |
| |
| |
(2) | In this section “customs revenue matter”, “designated customs official” |
| 35 |
and “general customs matter” have the meanings given by Part 1 of the |
| |
Borders, Citizenship and Immigration Act 2009.” |
| |
(2) | The amendment made by this section does not affect the generality of sections |
| |
1(4), 3(5), 7(5) and 11(4) (construction of statutory etc. references to the |
| |
Commissioners for Her Majesty’s Revenue and Customs, officers of Revenue |
| 40 |
and Customs and Her Majesty’s Revenue and Customs). |
| |
25 | Short-term holding facilities |
| |
In section 147 of the Immigration and Asylum Act 1999 (c. 33) (removal centres |
| |
and detained persons: interpretation), in the definition of “short-term holding |
| |
| 45 |
| |
| |
|
| |
| |
| |
(b) | at the end insert “(whether or not it is also used for the detention of |
| |
other persons for any period).” |
| |
Transfer of property etc. |
| |
| 5 |
(1) | The Commissioners for Her Majesty’s Revenue and Customs may make one or |
| |
more schemes for the transfer of specified property, rights or liabilities or |
| |
property, rights or liabilities of a specified description between— |
| |
(a) | the Commissioners or officers of Revenue and Customs, and |
| |
(b) | the Secretary of State, the Director of Border Revenue or designated |
| 10 |
| |
(2) | A scheme under subsection (1) may, in particular— |
| |
(a) | create interests or rights, or impose liabilities, in relation to property, |
| |
rights or liabilities transferred by virtue of the scheme or retained by a |
| |
| 15 |
(b) | apportion property, rights or liabilities between a transferor and a |
| |
| |
(3) | A scheme under subsection (1) may— |
| |
(a) | provide for anything done by or in relation to a transferor in connection |
| |
with anything transferred to have effect as if done by or in relation to a |
| 20 |
| |
(b) | permit anything (including any legal proceedings) relating to anything |
| |
transferred by the scheme which is in the process of being done by or |
| |
in relation to a transferor when the transfer takes effect to be continued |
| |
by or in relation to a transferee; |
| 25 |
(c) | provide for references to a transferor in an agreement (whether written |
| |
or not), instrument or other document relating to anything transferred |
| |
by the scheme to be treated as references to a transferee; |
| |
(d) | include other incidental, supplementary, consequential, transitional or |
| |
transitory provision or savings. |
| 30 |
(4) | A scheme under subsection (1) may provide for a transfer of property, rights |
| |
| |
(a) | whether or not they would otherwise be capable of being transferred, |
| |
(b) | without any instrument or other formality being required, and |
| |
(c) | irrespective of any requirement for consent that would otherwise |
| 35 |
| |
(5) | The Commissioners may make one or more schemes providing for— |
| |
(a) | any specified thing or anything of a specified description done by or in |
| |
relation to the Commissioners or an officer of Revenue and Customs in |
| |
connection with a relevant function to have effect as if done by or in |
| 40 |
relation to the Secretary of State, the Director or a designated customs |
| |
| |
(b) | any specified thing or anything of a specified description (including |
| |
any legal proceedings) relating to a relevant function done by or in |
| |
relation to the Commissioners or an officer of Revenue and Customs to |
| 45 |
| |
| |
|
| |
| |
be continued by or in relation to the Secretary of State, the Director or a |
| |
designated customs official. |
| |
(6) | A scheme under this section— |
| |
(a) | comes into force in accordance with its terms; |
| |
(b) | may be amended or revoked. |
| 5 |
| |
“relevant function” means a function conferred by or by virtue of this Part |
| |
on the Secretary of State, the Director or a designated customs official; |
| |
“specified” means specified in the scheme. |
| |
27 | Facilities and services |
| 10 |
(1) | Her Majesty’s Revenue and Customs may make facilities and services |
| |
available to any person by whom functions relating to immigration, asylum or |
| |
nationality, or customs functions, are exercisable for the purposes of the |
| |
exercise of any of those functions. |
| |
(2) | A person by whom functions relating to immigration, asylum or nationality, or |
| 15 |
customs functions, are exercisable may make facilities and services available to |
| |
Her Majesty’s Revenue and Customs for the purposes of the exercise of a |
| |
function of Her Majesty’s Revenue and Customs. |
| |
| |
28 | Inspections by the Chief Inspector of the UK Border Agency |
| 20 |
(1) | In section 48 of the UK Borders Act 2007 (c. 30) (establishment of the Border |
| |
and Immigration Inspectorate), in subsection (1) for “the Border and |
| |
Immigration Agency” substitute “the UK Border Agency”. |
| |
(2) | After that subsection insert— |
| |
“(1A) | The Chief Inspector shall monitor and report on the efficiency and |
| 25 |
effectiveness of the performance of functions by the following— |
| |
(a) | designated customs officials, and officials of the Secretary of |
| |
State exercising customs functions; |
| |
(b) | immigration officers, and officials of the Secretary of State |
| |
exercising functions relating to immigration, asylum or |
| 30 |
| |
(c) | the Secretary of State in so far as the Secretary of State has |
| |
general customs functions; |
| |
(d) | the Secretary of State in so far as the Secretary of State has |
| |
functions relating to immigration, asylum or nationality; |
| 35 |
(e) | the Director of Border Revenue and any person exercising |
| |
functions of the Director. |
| |
(1B) | The Chief Inspector shall monitor and report on the efficiency and |
| |
effectiveness of the services provided by a person acting pursuant to |
| |
arrangements relating to the discharge of a function within subsection |
| 40 |
| |
(3) | In subsection (2) of that section— |
| |
(a) | omit the words from the beginning to “Agency;”, |
| |
| |
| |
|
| |
| |
(b) | in paragraph (a), for “within the Border and Immigration Agency” |
| |
substitute “among the persons listed in subsections (1A) and (1B) (the |
| |
| |
(c) | in paragraph (b), for “the Border and Immigration Agency” substitute |
| |
| 5 |
(4) | After that subsection insert— |
| |
“(2A) | The Chief Inspector shall also monitor and report on— |
| |
(a) | the exercise by the listed persons of customs functions in |
| |
| |
(i) | the prevention, detection and investigation of offences, |
| 10 |
| |
(ii) | the conduct of criminal proceedings; |
| |
(b) | whether such customs functions have been appropriately |
| |
exercised by the Secretary of State and the Director of Border |
| |
| 15 |
(2B) | Unless directed to do so by the Secretary of State, the Chief Inspector |
| |
shall not monitor and report on the exercise by the listed persons of— |
| |
(a) | functions at removal centres and short term holding facilities, |
| |
and under escort arrangements, in so far as Her Majesty’s Chief |
| |
Inspector of Prisons has functions under section 5A of the |
| 20 |
Prison Act 1952 in relation to such functions, and |
| |
(b) | functions at detention facilities, in so far as Her Majesty’s |
| |
Inspectors of Constabulary, the Scottish inspectors or the |
| |
Northern Ireland inspectors have functions by virtue of section |
| |
29 of the Borders, Citizenship and Immigration Act 2009 in |
| 25 |
relation to such functions.” |
| |
(5) | Omit subsection (3) of that section. |
| |
(6) | After that subsection insert— |
| |
“(3A) | In this section “customs function”, “designated customs official” and |
| |
“general customs function” have the meanings given by Part 1 of the |
| 30 |
Borders, Citizenship and Immigration Act 2009.” |
| |
(7) | In section 53 of that Act (relationship with other bodies), in subsection (1)— |
| |
(a) | in paragraph (a), for “the Border and Immigration Agency” substitute |
| |
“a person listed in section 48(1A) or (1B)”, and |
| |
(b) | in paragraph (b), for “the Agency” substitute “such a person”. |
| 35 |
(8) | In subsection (3) of that section, for “the Agency” insert “a person listed in |
| |
| |
(9) | In section 56(2)(a) of that Act (Senior President of Tribunals), for “the Border |
| |
and Immigration Agency” substitute “the UK Border Agency”. |
| |
(10) | The person holding the office of the Chief Inspector of the Border and |
| 40 |
Immigration Agency immediately before the day on which this section comes |
| |
into force is to be treated, on and after that day, as if appointed as the Chief |
| |
Inspector of the UK Border Agency under section 48(1) of the UK Borders Act |
| |
| |
| |
| |
|
