Legislation – Border Security, Asylum and Immigration Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Border Security, Asylum and Immigration Act 2025, Section 26.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Part 1Border security
Chapter 2Other border security provision
Powers of search etc in relation to electronic devices
26Powers to access, copy and use information stored on relevant articles
(1)
An authorised officer or the Secretary of State may—
(a)
access and examine any information stored on a relevant article that is retained under section 24(9)(a);
(b)
copy and retain any information stored on the relevant article that relates, or may relate, to the commission (whether in the past or future) of an offence under section 25 or 25A of the Immigration Act 1971;
(c)
use any information retained under paragraph (b) for a purpose relating to the prevention, detection, investigation or prosecution of such an offence.
(2)
A constable may access, examine, copy, retain or use information under subsection (1) only if the accessing, examination, copying, retention or use of the information is authorised by a police officer of at least the rank of inspector.
(3)
If an inspector gives an authorisation under subsection (2), the inspector must, as soon as it is practicable to do so, cause an officer of at least the rank of superintendent to be informed.
(4)
An NCA officer may access, examine, copy, retain or use information under subsection (1) only if the accessing, examination, copying, retention or use of the information is authorised by an NCA officer of a grade that is equivalent to the rank of inspector or above.
(5)
If an NCA officer gives an authorisation under subsection (4), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer of a grade that is equivalent to the rank of superintendent or above to be informed.