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| Destruction of fingerprints. |
142. - (1) If they have not already been destroyed, fingerprints must be destroyed before the end of the specified period beginning with the day on which they were taken.
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(2) If a person from whom fingerprints were taken proves that he is-
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(a) a British citizen, or |
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(b) a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the 1971 Act, |
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the fingerprints must be destroyed as soon as reasonably practicable.
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(3) If a person from whom fingerprints were taken-
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(a) in the case of E, is given indefinite leave to enter or remain in the United Kingdom, or |
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(b) in any other case, is given leave to enter or remain in the United Kingdom, |
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the fingerprints must be destroyed as soon as reasonably practicable.
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(4) Fingerprints taken from B must be destroyed as soon as reasonably practicable after his removal from the United Kingdom.
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(5) But subsection (4) does not apply if it appears to the Secretary of State that B has failed to comply with a restriction imposed on him under paragraph 21(2) of Schedule 2 to the 1971 Act.
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(6) Fingerprints taken from C must, if the directions cease to have effect, be destroyed as soon as reasonably practicable.
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(7) If a deportation order made against C is revoked, any fingerprints taken from him must be destroyed as soon as reasonably practicable.
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(8) If D ceases to be liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act, fingerprints taken from him must be destroyed as soon as reasonably practicable.
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(9) Fingerprints taken from F must be destroyed when fingerprints taken from the person whose dependant he is have to be destroyed.
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(10) The obligation to destroy fingerprints under this section applies also to copies of fingerprints.
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(11) The Secretary of State must take all reasonably practicable steps to secure-
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(a) that data which are held in electronic form and which relate to fingerprints which have to be destroyed as a result of this section are destroyed or erased; or |
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(b) that access to such data is blocked. |
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(12) The person to whom the data relate is entitled, on request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by subsection (11).
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(13) A certificate under subsection (12) must be issued within three months of the date of the request for it.
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(14) "Fingerprints" means fingerprints taken under section 140 and references to B, C, D, E and F are to the persons so described in that section.
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(15) "Specified period" means-
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(a) such period as the Secretary of State may specify by order; |
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(b) if no period is so specified, ten years. |
| Other methods of collecting data about physical characteristics. |
143. The Secretary of State may make regulations containing provisions equivalent to sections 140, 141 and 142 in relation to such other methods of collecting data about external physical characteristics as may be prescribed.
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Codes of practice |
| Codes of practice. |
144. - (1) An immigration officer exercising any specified power to-
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(a) arrest, question, search or take fingerprints from a person, |
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(b) enter and search premises, or |
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(c) seize property found on persons or premises, |
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must have regard to such provisions of a code as may be specified.
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(2) Subsection (1) also applies to an authorised person exercising the power to take fingerprints conferred by section 140.
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(3) Any specified provision of a code may have effect for the purposes of this section subject to such modifications as may be specified.
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(4) "Specified" means specified in a direction given by the Secretary of State.
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(5) "Authorised person" has the same meaning as in section 140.
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(6) "Code" means-
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(a) in relation to England and Wales, any code of practice for the time being in force under the Police and Criminal Evidence Act 1984; |
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(b) in relation to Northern Ireland, any code of practice for the time being in force under the Police and Criminal Evidence (Northern Ireland) Order 1989. |
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(7) This section does not apply to any person exercising powers in Scotland.
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Use of force |
| Use of force. |
145. - (1) An immigration officer exercising any power conferred on him by the 1971 Act or this Act may, if necessary, use reasonable force.
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(2) Any person exercising a power conferred by section 140 or 141 or regulations under section 143 may, if necessary, use reasonable force.
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