Legislation – Illegal Migration Act 2023
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Schedule 2Electronic devices etc
Introduction
1
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2
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Power to search relevant persons
3
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Power to search vehicles and containers
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Power to search premises
5
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Power to search property
6
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Power of seizure
7
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Power of retention
8
(1)
A relevant article seized under paragraph 7—
(a)
may be retained by an immigration officer or the Secretary of State, for so long as the officer or Secretary of State considers its retention necessary for a purpose relating to a relevant function;
(b)
must, subject to any provision made under sub-paragraph (2), be returned when it ceases to be retained under this paragraph.
(2)
The Secretary of State may by regulations make, in relation to a relevant article retained under sub-paragraph (1)—
(a)
provision applying (with or without modifications) section 49 of the Immigration Act 2016 (duty to pass on certain seized items), or
(b)
provision corresponding, or similar, to the provision made by that section.
Power to access, copy and use information stored on relevant article
9
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Relevant articles containing items subject to legal privilege
10
(1)
The Secretary of State may by regulations make provision about relevant articles that contain (or may contain) items subject to legal privilege.
(2)
The provision that may be made includes in particular—
(a)
provision modifying this Schedule as it applies in relation to such relevant articles;
(b)
provision applying (with or without modifications) any provision made by or under Part 2 of the Criminal Justice and Police Act 2001 (powers of seizure);
(c)
provision corresponding, or similar, to any provision made by or under that Part.
Extension of powers to other persons
11
(1)
The Secretary of State may by regulations provide—
(a)
that references in this Schedule to an immigration officer include a person of a description specified in the regulations;
(b)
that a person of a description so specified may, if necessary, use reasonable force in the exercise of any function conferred by virtue of the regulations.
(2)
The descriptions of person that may be specified in the regulations include persons designated by the Secretary of State, in accordance with the regulations.
If they do so, the regulations must contain such safeguards relating to the designation of persons as the Secretary of State considers appropriate.