at the time P does so, P knows or suspects that the relevant article is to be used by any person in connection with an offence under section 24 or 25 of the Immigration Act 1971 (illegal entry etc and assisting unlawful immigration).

(2)

A person (“P”) commits an offence if—

(a)

P is concerned in the supplying of, or the making of an offer to supply, a relevant article to another person, and

(b)

at any time when P is concerned in that act, P knows that the relevant article is to be used by any person in connection with an offence under section 24 or 25 of the Immigration Act 1971.

(3)

It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for the action mentioned in subsection (1)(a) or (2)(a) (as the case may be).

(4)

The cases in which a person has a reasonable excuse for the purposes of subsection (3) include (but are not limited to) those in which—

(a)

their action was for the purposes of carrying out a rescue of a person from danger or serious harm, or

(b)

they were acting on behalf of an organisation which—

(i)

aims to assist asylum-seekers, and

(ii)

does not charge for its services.

(5)

A person is regarded as having shown that they had a reasonable excuse for their action if—

(a)

sufficient evidence of that matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(6)

A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(7)

In this section and sections 14 and 16 “asylum-seeker” means a person who intends to claim that to remove them from or require them to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—

(a)

the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or

(b)

the Human Rights Convention (within the meaning given by that section).

14Handling articles for use in immigration crime

(1)

A person (“P”) commits an offence if, in the circumstances mentioned in subsection (2)—

(a)

P receives or arranges to receive a relevant article from another person,

(b)

P removes or disposes of a relevant article for the benefit of another person, or

(c)

P assists another person to remove or dispose of a relevant article.

(2)

Those circumstances are where, at the time P does the act mentioned in subsection (1), P knows or suspects that the relevant article has been, is being, or is to be used by P or any other person in connection with an offence under section 24 or 25 of the Immigration Act 1971.

(3)

A person (“P”) commits an offence if, in the circumstances mentioned in subsection (4), P is concerned in—

(a)

the receipt of, or the arranging to receive, a relevant article from another person, or

(b)

the removal or disposal of a relevant article for the benefit of another person.

(4)

Those circumstances are where, at any time when P is concerned in an act as mentioned in subsection (3), P knows that the relevant article has been, is being, or is to be used by P or any other person in connection with an offence under section 24 or 25 of the Immigration Act 1971.

(5)

It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for the action mentioned in subsection (1) or (3) (as the case may be).

(6)

The cases in which a person has a reasonable excuse for the purposes of subsection (5) include (but are not limited to) those in which—

(a)

their action was for the purposes of carrying out a rescue of a person from danger or serious harm, or

(b)

they were acting on behalf of an organisation which—

(i)

aims to assist asylum-seekers, and

(ii)

does not charge for its services.

(7)

A person is regarded as having shown that they had a reasonable excuse for their action if—

(a)

sufficient evidence of that matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(8)

A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

15Sections 13 and 14: meaning of “relevant article”

(1)

In sections 13 and 14 “relevant article” means any thing or substance, other than—

(a)

food or drink,

(b)

anything designed for use in connection with the preparation, supply, consumption or storage of food or drink,

(c)

a medicinal product or medical equipment,

(d)

any thing or substance designed for use for the purposes of personal cleanliness or personal hygiene,

(e)

clothing,

(f)

bedding,

(g)

a tent or other form of temporary shelter,

(h)

anything designed solely or principally to preserve the life of a person in distress at sea, or

(i)

anything designed solely or principally to enable a person in distress at sea to signal for help.

(2)

In subsection (1)—

(a)

paragraph (d) does not include—

(i)

anything which is or includes a blade or sharp point,

(ii)

any thing or substance in a glass container, or

(iii)

any thing or substance in an aerosol container;

(b)

paragraphs (g) and (h) do not include a vessel designed to be used for transportation by water.

(3)

The Secretary of State may by regulations amend this section so as to—

(a)

add to the list of things and substances for the time being specified in subsection (1) as things and substances which are not relevant articles;

(b)

make provision which is consequential on provision made under paragraph (a).

16Collecting information for use in immigration crime

(1)

A person (“P”) commits an offence if, in the circumstances mentioned in subsection (2)—

(a)

P collects or makes a record of information of a kind likely to be useful to a person organising or preparing for a relevant journey or part of such a journey,

(b)

P possesses a document or record containing information of that kind, or

(c)

P views, or otherwise accesses, by means of the internet a document or record containing information of that kind.

(2)

Those circumstances are where there is a reasonable suspicion that the record or document, or any information contained in it, will be used by P or any other person in organising or preparing for a relevant journey or part of such a journey.

(3)

The cases in which P collects or makes a record for the purposes of subsection (1)(a) include (but are not limited to) those in which P does so by means of the internet (whether by downloading the record or otherwise).

(4)

For the purposes of this section information may be useful for a particular purpose whether or not it may also be useful to members of the public at large for any purpose.

(5)

In this section “relevant journey” means a journey involving the transportation of one or more individuals from any place outside the United Kingdom to any place within the United Kingdom, where the entry of any of those individuals into the United Kingdom, or the arrival of any of those individuals in the United Kingdom, would constitute an offence under section 24 of the Immigration Act 1971.

(6)

It is a defence for a person charged with an offence under this section to show that their action or possession was for the purposes of a journey to be made only by them.

(7)

It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for the action or possession mentioned in subsection (1).

(8)

The cases in which a person has a reasonable excuse for the purposes of subsection (7) include (but are not limited to) those in which—

(a)

at the time of the person’s action or possession the person did not know, and had no reason to believe, that the document or record in question contained, or was likely to contain, information of a kind likely to be useful to a person organising or preparing for a relevant journey or part of such a journey,

(b)

the person’s action or possession was for the purposes of—

(i)

organising or preparing for a journey other than a relevant journey,

(ii)

carrying out work as a journalist,

(iii)

academic research,

(iv)

carrying out, or preparing for the carrying out of, a rescue of a person from danger or serious harm, or

(v)

providing, or preparing for the provision of, medical care or emergency shelter or supplies, or

(c)

the person was acting on behalf of an organisation which—

(i)

aims to assist asylum-seekers, and

(ii)

does not charge for its services.

(9)

Where, in accordance with subsection (6) or (7), it is a defence for a person charged with an offence to show a particular matter, they are regarded as having shown the matter if—

(a)

sufficient evidence of that matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(10)

A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 5 years.

(11)

In this section “record” includes a photographic or electronic record.

17Online advertising of unlawful immigration services

(1)

A person commits an offence if—

(a)

the person creates, or causes the creation of, material whose purpose is, or effect will be, to promote an unlawful immigration service, and

(b)

the person knows or has reason to suspect—

(i)

that the material will be published on an internet service, and

(ii)

that the material has that purpose or will have that effect.

(2)

A person commits an offence if—

(a)

the person publishes material on an internet service or causes the publication of material on such a service,

(b)

the purpose of the material is, or the effect of the material will be, to promote an unlawful immigration service, and

(c)

the person knows or has reason to suspect—

(i)

that they are publishing the material or (as the case may be) that they are causing its publication, and

(ii)

that the material has that purpose or will have that effect.

(3)

It is a defence for a person charged with an offence under this section to prove that the person’s action was for the purposes of—

(a)

carrying out, or facilitating the carrying out of, work as a journalist, or

(b)

the publication of academic research.

(4)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(5)

In this section “material” means anything which consists of or includes—

(a)

text or moving or still images, or

(b)

speech or music.

(6)

In this section—

(a)

“unlawful immigration service” means a service whose purpose is to facilitate the commission of—

(i)

an offence under any of the Immigration Acts,

(ii)

a breach of immigration law (other than such an offence), or

(iii)

an offence under section 4, 5 or 6 of the Identity Documents Act 2010 in relation to an identity document within any of paragraphs (a) to (c) of section 7(1) of that Act,

whether by providing goods or services, or both, or anything else;

(b)

“immigration law” has the meaning given by section 25(2) of the Immigration Act 1971.

(7)

In this section “publish” means make available to the public at large or any section of the public, whether or not in return for payment or any other form of consideration.

(8)

In this section “internet service” means a service that is made available by means of—

(a)

the internet, or

(b)

a combination of the internet and an electronic communications service (as defined by section 32(2) of the Communications Act 2003).

(9)

This section is subject to section 18.

18Application of section 17 to internet service providers

(1)

An internet service provider does not commit an offence under section 17 by—

(a)

providing access to a communication network, or

(b)

transmitting, in a communication network, information provided by a user, if the provider does not—

(i)

initiate the transmission,

(ii)

select the recipient of the transmission, or

(iii)

select or modify the information contained in the transmission.

(2)

The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage—

(a)

is automatic, intermediate and transient,

(b)

is solely for the purpose of carrying out the transmission in the network, and

(c)

is for no longer than is reasonably necessary for the transmission.

(3)

An internet service provider does not commit an offence under section 17 by storing information provided by a user for transmission in a communication network if—

(a)

the storage of the information—

(i)

is automatic, intermediate and temporary, and

(ii)

is solely for the purpose of making more efficient the onward transmission of the information to other users at their request, and

(b)

the internet service provider—

(i)

does not modify the information,

(ii)

complies with any conditions attached to having access to the information, and

(iii)

on obtaining actual knowledge of a matter within subsection (4), promptly removes the information or disables access to it.

(4)

The matters within this subsection are that—

(a)

the information at the initial source of the transmission has been removed from the network,

(b)

access to it has been disabled, or

(c)

a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

(5)

An internet service provider does not commit an offence under section 17 by storing information provided by a user who is not acting under the authority or control of the provider if—

(a)

the provider had no actual knowledge when the information was provided that it was, or contained, material whose purpose was, or effect would be, to promote an unlawful immigration service, and

(b)

on obtaining actual knowledge that the information was, or contained, such material, the provider promptly removed the information or disabled access to it.

(6)

Section 17(5) and (6) applies for the purposes of this section.

(7)

In this section—

“internet service provider” means a provider of—

(a)

a service that is made available by means of the internet, or

(b)

a service that provides access to the internet;

“user”, in relation to an internet service provider, means a user of a service provided by the internet service provider.

19Liability for offence under section 17 committed by a body

(1)

This section applies where an offence under section 17 is committed by a body.

(2)

If the offence is committed with the consent or connivance of a person (“P”) who is—

(a)

a relevant person in relation to the body, or

(b)

a person purporting to act in the capacity of a relevant person in relation to the body,

P (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(3)

In this section—

“body” means a body corporate, a partnership or an unincorporated association other than a partnership;

“relevant person”, in relation to a body, means—

(a)

in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

(b)

in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

(c)

in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

(d)

in the case of any other partnership, a partner;

(e)

in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.

20Offences committed outside the United Kingdom

(1)

Section 13(1) or (2), 14(1) or (3), 16(1) or 17(1) or (2) applies to things done inside or outside the United Kingdom, regardless of—

(a)

the nationality of the person by whom they are done, or

(b)

whether they are done by a body formed under the law of any part of the United Kingdom or the law of any other country or territory.

(2)

Where an offence under section 13, 14, 16 or 17 is committed outside the United Kingdom—

(a)

proceedings for the offence may be taken at any place in the United Kingdom, and

(b)

the offence may for all incidental purposes be treated as having been committed at any such place.

(3)

In the application of subsection (2) to Scotland, any such proceedings against a person may be taken—

(a)

in any sheriff court district in which the person is apprehended or is in custody, or

(b)

in such sheriff court district as the Lord Advocate may determine.

(4)

For the purposes of subsection (3), “sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).

(5)

Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under section 13, 14, 16 or 17.

Endangering another during sea crossing to United Kingdom

21Endangering another during sea crossing to United Kingdom

(1)

Section 24 of the Immigration Act 1971 (illegal entry and similar offences) is amended in accordance with subsections (2) to (8).

(2)

After subsection (E1) insert—

“E1A

A person commits an offence under this subsection if—

(a)

the person commits an offence under subsection (A1), (B1), (D1) or (E1),

(b)

the person’s journey which resulted in their entry into, or arrival in, the United Kingdom as mentioned in subsection (A1), (B1), (D1) or (E1) (as the case may be) was a journey by water from France, Belgium or the Netherlands, and

(c)

at any time during the relevant period, the person did an act that caused, or created a risk of, the death of, or serious personal injury to, another person.

E1B

For the purposes of subsection (E1A)(c) and this subsection—

(a)

“personal injury” means physical or psychological injury;

(b)

“the relevant period” means the period—

(i)

beginning when the person first left dry land in France, Belgium or the Netherlands for the purpose of making the journey, and

(ii)

ending when the person first reached dry land in the United Kingdom;

(c)

land is to be regarded as “dry land” at any particular time if it is not covered by water at that time.”

(3)

In subsection (F1)—

(a)

in the words before paragraph (a), for “(E1)” substitute “(E1A)”;

(b)

in paragraph (d), after sub-paragraph (ii) insert—

“(iii)

for an offence under subsection (E1A) committed in connection with an offence under subsection (A1), to imprisonment for a term not exceeding six years or a fine (or both);

(iv)

for an offence under subsection (E1A) committed in connection with an offence under subsection (B1), (D1) or (E1), to imprisonment for a term not exceeding five years or a fine (or both).”

(4)

In subsection (3), after “(E1)” insert “, (E1A)”.

(5)

In subsection (4), for “under subsection (B1) above of” substitute “under subsection (B1) or (E1A) in relation to”.

(6)

In subsection (5), for “under subsection (D1) above of” substitute “under subsection (D1) or (E1A) in relation to”.

(7)

After subsection (5) insert—

“(6)

Subsection (E1A) applies to acts carried out inside or outside the United Kingdom.”

(8)

After subsection (6) (as inserted by subsection (7)) insert—

“(7)

If, on the trial of a person charged with an offence under subsection (E1A) in connection with the commission of an offence under subsection (A1), (B1), (D1) or (E1), a magistrates’ court, sheriff or jury finds the person not guilty of the offence charged, the magistrates’ court, sheriff or jury may find the person guilty of an offence under subsection (A1), (B1), (D1) or (E1) as the case may be.”

(9)

In the Immigration Act 1971—

(a)

in section 28B(5) (search and arrest by warrant), after “(E1)” insert “, (E1A)”;

(b)

in section 28D(4) (entry and search of premises), after “(E1)” insert “, (E1A)”;

(c)

in section 28Q(1) (interpretation of Part 3A), in paragraph (a) of the definition of “relevant offence”, for “or (E1),” substitute “, (E1) or (E1A),”.

(10)

In the Nationality, Immigration and Asylum Act 2002—

(a)

in section 129(1) (duty on local authority to disclose information on suspected immigration offences), in paragraph (a), after “(E1)” insert “, (E1A)”;

(b)

in section 134(1) (duty on employer to disclose information on suspected immigration offences), in paragraph (a), after “(E1)” insert “, (E1A)”.

Powers of search etc in relation to electronic devices

22Meaning of key expressions

(1)

This section defines key expressions used in this section and sections 23 to 26.

(2)

“Relevant person” means a person who—

(a)

has entered or arrived in the United Kingdom as mentioned in subsection (3) (whether before or after this section comes into force), and

(b)

has not subsequently been given leave to enter or remain in the United Kingdom.

(3)

A person has entered or arrived in the United Kingdom as mentioned in this subsection if the person—

(a)

requires leave to enter the United Kingdom but has entered the United Kingdom without such leave,

(b)

has entered the United Kingdom in breach of a deportation order,

(c)

requires entry clearance under the immigration rules but has arrived in the United Kingdom without a valid entry clearance, or

(d)

is required under the immigration rules not to travel to the United Kingdom without an electronic travel authorisation that is valid for the person’s journey to the United Kingdom, but has arrived in the United Kingdom without such an electronic travel authorisation.

(4)

“Relevant article” means any thing which appears to an authorised officer to be a thing on which information 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 is, or may be, stored in electronic form.

(5)

Section 11(1) of the Immigration Act 1971 (person deemed not to enter United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.

(6)

“Authorised officer” means—

(a)

an immigration officer,

(b)

a constable of a police force maintained by a local policing body,

(c)

a constable of the Police Service of Scotland,

(d)

a constable of the Police Service of Northern Ireland, or

(e)

an NCA officer,

(and see also section 28).

(7)

For the meaning of other expressions used in this section, see section 29.

23Powers of authorised officers to search for relevant articles

(1)

An authorised officer may search a relevant person for any relevant article if the officer has reasonable grounds to suspect that the relevant person is in possession of a relevant article.

(2)

An authorised officer may search a person under subsection (1) only if the person has not previously been searched under that subsection since the person’s entry or arrival as mentioned in section 22(3).

(3)

The power of an authorised officer to search a person under subsection (1)—

(a)

authorises the search of the person’s mouth, and

(b)

authorises the officer to require the person to remove an outer coat, jacket or glove (but no other clothing).

(4)

An authorised officer may search property for any relevant article if the officer has reasonable grounds to suspect that the property—

(a)

is or has been in the possession of a relevant person, and

(b)

contains or includes a relevant article.

(5)

An authorised officer may search premises for any relevant article if—

(a)

the officer is lawfully on the premises,

(b)

the officer has reasonable grounds to suspect that a relevant article that is or has been in the possession of a relevant person is on the premises, and

(c)

the relevant person was on the premises when, or immediately before, an authorised officer encountered the person.

(6)

An authorised officer may search a vehicle or container for any relevant article if—

(a)

the officer has reasonable grounds to suspect that a relevant article that is or has been in the possession of a relevant person is in the vehicle or container, and

(b)

either—

(i)

the officer has reasonable grounds to suspect that the relevant person was in the vehicle or container at the time of their arrival in the United Kingdom or at any time during a journey which ended with their arrival in the United Kingdom, or

(ii)

the relevant person was in the vehicle or container when, or immediately before, an authorised officer encountered the person.

(7)

A constable may exercise a power to search under this section only if the search is authorised by a police officer of at least the rank of inspector.

(8)

If an inspector gives an authorisation under subsection (7), 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.

(9)

An NCA officer may exercise a power to search under this section only if the search is authorised by an NCA officer at or above a grade that is equivalent to the rank of inspector.

(10)

If an NCA officer gives an authorisation under subsection (9), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer at or above a grade that is equivalent to the rank of superintendent to be informed.

(11)

A constable or an NCA officer may use reasonable force, if necessary, in the exercise of a power under this section.

(12)

Paragraphs 21 and 22 of Schedule 5 to the Crime and Courts Act 2013 (offences of resistance, wilful obstruction and assault) apply in relation to an NCA officer exercising a power under this section as they apply in relation to a designated officer acting in the exercise of an operational power within the meaning of that Schedule.

24Powers to seize and retain relevant articles

(1)

An authorised officer may seize any relevant article that—

(a)

is found on a search carried out under section 23, or

(b)

is not found on a search but appears to the officer to be, or to have been, in the possession of a relevant person.

(2)

A constable may seize a relevant article under subsection (1) only if the seizure of the article 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 seize a relevant article under subsection (1) only if the seizure of the article is authorised by an NCA officer at or above a grade that is equivalent to the rank of inspector.

(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 at or above a grade that is equivalent to the rank of superintendent to be informed.

(6)

A constable or an NCA officer may use reasonable force, if necessary, in the exercise of a power under subsection (1).

(7)

Paragraphs 21 and 22 of Schedule 5 to the Crime and Courts Act 2013 (offences of resistance, wilful obstruction and assault) apply in relation to an NCA officer exercising a power under subsection (1) as they apply in relation to a designated officer acting in the exercise of an operational power within the meaning of that Schedule.

(8)

A relevant article seized by a constable or an NCA officer under subsection (1) may be given by a constable or an NCA officer to an immigration officer or the Secretary of State.

(9)

A relevant article seized under subsection (1) or given under subsection (8)—

(a)

may be retained by an authorised officer or the Secretary of State for so long as the authorised officer or the Secretary of State considers its retention necessary—

(i)

for the purposes of accessing, examining or copying information stored on the article as mentioned in section 26, or

(ii)

for use in proceedings for an offence;

(b)

must, subject to subsections (8) and (11) and section 25, be returned when paragraph (a) ceases to apply in relation to it.

(10)

A relevant article which must be returned in accordance with subsection (9)(b) must be returned—

(a)

to the person from whom it was seized, or

(b)

if there is no such person, to the person who an authorised officer reasonably believes was last in possession of the article before it was seized.

(11)

Subsection (12), (13), (14) or (16) applies (as the case may be) to a relevant article to which subsection (9)(a) ceases to apply if—

(a)

there is no person to whom it can be returned in accordance with subsection (10), and

(b)

it is not required to be dealt with in accordance with section 25.

(12)

If the relevant article is in the possession of an immigration officer or the Secretary of State, it must be disposed of in accordance with section 26 of the UK Borders Act 2007 and any regulations made under that section.

(13)

If the relevant article is in the possession of a constable of a police force maintained by a local policing body, or of an NCA officer, it must be disposed of in accordance with the Police (Property) Act 1897, and any regulations under that Act, as if it were property that has come into the possession of the constable or NCA officer in connection with the investigation of a suspected offence.

(14)

If the relevant article is in the possession of a constable of the Police Service of Scotland, it must be disposed of in accordance with Part 6 of the Civic Government (Scotland) Act 1982 as if—

(a)

it were property that has been delivered to a constable under section 67 of that Act, and

(b)

it were delivered to a constable on the date when subsection (9)(a) of this section ceased to apply to it.

(15)

In the application of Part 6 of that Act in relation to a relevant article by virtue of subsection (14), references in that Part to action which may or must be taken in relation to the finder of property are to be disregarded.

(16)

If the relevant article is in the possession of a constable of the Police Service of Northern Ireland, it must be disposed of in accordance with section 31 of the Police (Northern Ireland) Act 1998, and any regulations under that section, as if it were property that has come into the possession of the constable in connection with the investigation of a suspected offence.

25Duty to pass on items seized under section 24

(1)

This section applies if—

(a)

an immigration officer retains a relevant article under section 24(9)(a), and

(b)

the immigration officer reasonably believes that the article or information stored on it has been obtained in consequence of the commission of, or is evidence in relation to, an offence other than an immigration offence (a “relevant offence”).

(2)

Subject to subsection (3), the immigration officer must, as soon as is reasonably practicable after forming the belief mentioned in subsection (1)(b), notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.

(3)

If the immigration officer reasonably believes that the relevant article or information stored on it has also been obtained in consequence of the commission of, or is evidence in relation to, an immigration offence—

(a)

subsection (2) does not apply, and

(b)

the immigration officer may notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.

(4)

A person notified under this section that a relevant article is being retained by an immigration officer must, as soon as is reasonably practicable after being so notified, inform the immigration officer whether the person will accept the article.

(5)

The person may inform the immigration officer that the person will not accept the relevant article only if—

(a)

the person does not think the article or information stored on it has been obtained in consequence of the commission of, or is evidence in relation to, an offence,

(b)

the person does not have functions in relation to the investigation of the relevant offence, or

(c)

the person thinks that it would be more appropriate for the relevant offence to be investigated by another person with such functions.

(6)

If the person informs the immigration officer that the person will accept the relevant article, the immigration officer must give it to the person as soon as is reasonably practicable.

(7)

Once the relevant article has been given as mentioned in subsection (6), any provision of an enactment which applies to items seized or taken away by the person applies to the article as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence.

(8)

If the person informs the immigration officer that the person will not accept the relevant article because subsection (5)(a) applies, the immigration officer must, as soon as is reasonably practicable, decide whether to continue to retain the relevant article under section 24(9).

(9)

If the person informs the immigration officer that the person will not accept the relevant article because subsection (5)(b) or (c) applies, the immigration officer must, as soon as is reasonably practicable—

(a)

notify another person (if any) who the immigration officer thinks has functions in relation to the investigation of the relevant offence that the article is being retained by an immigration officer, or

(b)

if there is no such person, decide whether to continue to retain the relevant article under section 24(9).

(10)

Where a relevant article to which this section applies or information stored on such an article has been obtained in consequence of the commission of, or is evidence in relation to, more than one offence other than an immigration offence, references in this section to the relevant offence are to any of those offences.

(11)

A function conferred or imposed by this section on an immigration officer may be exercised by any other immigration officer.

(12)

This section applies to a relevant article retained under section 24(9)(a) by the Secretary of State as it applies to a relevant article retained under that provision by an immigration officer.

(13)

In the application of this section by virtue of subsection (12), references to an immigration officer (other than in subsection (11)) are to be read as references to the Secretary of State.

(14)

In this section—

“enactment” includes—

(a)

an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

(b)

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

(c)

an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, and

(d)

an enactment contained in, or in an instrument made under, Northern Ireland legislation;

“immigration offence” means an offence which relates to an immigration or nationality matter.

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.

27Amendment of the Criminal Justice and Police Act 2001

(1)

The Criminal Justice and Police Act 2001 is amended as follows.

(2)

In section 57(1) (retention of seized items), after paragraph (x) (inserted by the Public Authorities (Fraud, Error and Recovery) Act 2025) insert—

“(y)

section 24(9) to (16) of the Border Security, Asylum and Immigration Act 2025.”

(3)

In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act applies), after paragraph 73X (inserted by the Football Governance Act 2025) insert—

“Border Security, Asylum and Immigration Act 2025

73Y

The power of seizure conferred by section 24(1) of the Border Security, Asylum and Immigration Act 2025.”

(4)

In Part 2 of Schedule 1 (powers of seizure to which section 51 of the Act applies), after paragraph 83B insert—

“Border Security, Asylum and Immigration Act 2025

83C

The power of seizure conferred by section 24(1) of the Border Security, Asylum and Immigration Act 2025.”

(5)

In Part 3 of Schedule 1 (powers of seizure to which section 55 of the Act applies), after paragraph 114 insert—

“Border Security, Asylum and Immigration Act 2025

115

The power of seizure conferred by section 24(1) of the Border Security, Asylum and Immigration Act 2025.”

28Extension of powers to other persons

(1)

The Secretary of State may by regulations provide—

(a)

that a reference to an authorised officer or an immigration officer in section 22, 23, 24 or 26 includes 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.

(3)

Where persons are designated by the Secretary of State as mentioned in subsection (2) the regulations must contain such safeguards relating to the designation as the Secretary of State considers appropriate.

29Meaning of other expressions

In sections 22 to 26 and this section—

“container” has the meaning given by section 1 of the Customs and Excise Management Act 1979;

“deportation order” means an order under section 5 of the Immigration Act 1971;

“electronic travel authorisation” means an authorisation in electronic form to travel to the United Kingdom;

“entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971;

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

“immigration rules” means rules under section 3(2) of the Immigration Act 1971;

“NCA officer” means National Crime Agency officer;

“premises” includes any place and in particular includes any tent or movable structure;

“ship” has the meaning given by section 28Q of the Immigration Act 1971;

“vehicle” includes—

(a)

any ship, train (including any locomotive and railway rolling stock of any description), aircraft or bicycle, and

(b)

anything designed or adapted for being towed by a vehicle.

30Supply of customs information by HMRC

(1)

HMRC, or anyone acting on HMRC’s behalf, may supply information held by them in connection with HMRC’s customs functions to a person listed in subsection (3) for use for the purposes of that person’s functions.

(2)

In this section “HMRC’s customs functions” means HMRC’s functions in their capacity as a customs service and includes in particular their functions in that capacity relating to—

(a)

the movement of goods or cash into, out of or within the United Kingdom, and

(b)

the imposition, enforcement or other regulation of any tax or duty relating to such movement of goods.

(3)

The persons mentioned in subsection (1) are—

(a)

a Minister of the Crown or a government department,

(b)

an immigration officer,

(c)

a designated customs official,

(d)

the Director of Border Revenue,

(e)

the Border Security Commander,

(f)

a UK authorised person,

(g)

the government of a country or territory outside the United Kingdom,

(h)

a person in a country or territory outside the United Kingdom with public functions relating to—

(i)

the movement of goods or cash into or out of that country or territory, or

(ii)

the imposition, enforcement or other regulation of any tax or duty relating to such movement of goods, and

(i)

an international organisation to which this subsection applies.

(4)

Subsection (3) applies to an international organisation if—

(a)

it has functions relating to the movement of goods or cash across international borders, or

(b)

an international arrangement makes provision for cooperation between HMRC and the international organisation.

(5)

In this section—

“cash” means—

(a)

notes and coins in any currency, and

(b)

any bearer-negotiable or other monetary instrument;

“goods” has the same meaning as in the Customs and Excise Management Act 1979 (see section 1 of that Act);

“government department” includes—

(a)

a part of the Scottish Administration,

(b)

a Northern Ireland department,

(c)

the Welsh Government, and

(d)

a body or authority exercising statutory functions on behalf of the Crown;

“international arrangement” means an international agreement or arrangement to which any of the following is a party—

(a)

the United Kingdom;

(b)

His Majesty’s Government;

(c)

HMRC;

(d)

the Commissioners for His Majesty’s Revenue and Customs;

“international organisation” has the same meaning as in the Data Protection Act 2018 (see section 205(1) of that Act);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act).

31Use and disclosure of information supplied under section 30

(1)

Subject to the following provisions of this section, a person who receives information under section 30(1)—

(a)

may use it only for the purposes for which it was supplied, and

(b)

may not further disclose it without the consent of the Commissioners for His Majesty’s Revenue and Customs (which may be general or specific).

(2)

Information supplied under subsection (1) of section 30 to a person within subsection (3)(a) to (f) of that section for use for the purposes of particular functions of that person may be used by them for the purposes of any of their other functions.

(3)

A person to whom this subsection applies may supply information received under section 30(1) to another person (“B”) to whom this subsection applies for use for the purposes of any of B’s functions.

(4)

Subsection (3) applies to—

(a)

the Secretary of State for the Home Department, and

(b)

a person within subsection (3)(b) to (e) of section 30.

(5)

If at any time the Secretary of State by whom general customs functions are exercisable is not the Secretary of State for the Home Department, subsection (4) is to be read at that time as if it included a reference to the Secretary of State by whom general customs functions are exercisable.

(6)

Information that has been supplied under section 30(1) or subsection (3) of this section to a person mentioned in section 30(3)(b) to (e) is to be treated for the purposes of subsections (7) to (10) of this section as also having been supplied to that person under section 30(1) in their capacity as an official of the Secretary of State.

(7)

A person within subsection (3)(a) or (f) of section 30 may, to the extent that this is not otherwise permitted by subsection (3) of this section, supply information received under subsection (1) of section 30 to a person within subsection (3)(a) to (f) of that section for use for any of the following purposes—

(a)

any purpose for which the information was supplied under subsection (1) of that section;

(b)

immigration purposes;

(c)

the purposes of exercising a customs function;

(d)

the law enforcement purposes;

(e)

human welfare purposes;

(f)

safeguarding national security;

(g)

purposes connected with—

(i)

a criminal investigation, or

(ii)

civil or criminal proceedings,

(including investigations and proceedings outside the United Kingdom).

(8)

The Secretary of State by whom immigration and nationality functions are exercisable may supply information received under section 30(1) to any person (whether or not within the United Kingdom) for use for any of the following purposes—

(a)

a purpose within section 40(1) of the UK Borders Act 2007;

(b)

purposes connected with—

(i)

a criminal investigation relating to an immigration or nationality matter, or

(ii)

civil or criminal proceedings relating to such a matter,

(including investigations and proceedings outside the United Kingdom).

(9)

The Secretary of State by whom general customs functions are exercisable may supply information received under section 30(1) to any person (whether or not within the United Kingdom) for use for purposes connected with—

(a)

a criminal investigation, or

(b)

civil or criminal proceedings relating to a customs function,

(including investigations and proceedings outside the United Kingdom).

(10)

A person who receives information under or by virtue of—

(a)

section 30(1),

(b)

subsection (1)(b), (7), (8) or (9) of this section, or

(c)

section 32(3) or (4)(b),

may supply the information to any person in pursuance of an order of a court.

(11)

This section does not prevent the disclosure of information to HMRC.

(12)

This section is subject to section 32.

(13)

In this section—

“immigration and nationality functions” has the meaning given by section 40(4) of the UK Borders Act 2007;

“immigration or nationality matter” means a matter in respect of which the Secretary of State has immigration and nationality functions.

32Further provision about use and disclosure of information under section 31

(1)

Section 31(2), (7), (8) or (9) does not apply if the use or supply of the information would breach any restrictions imposed by HMRC, or a person acting on HMRC’s behalf, when the information was supplied under section 30(1).

(2)

A person who receives information under or by virtue of subsection (1)(b), (7), (8) or (9) of section 31 or by virtue of subsection (3) or (4)(b) of this section may use it only for the purposes for which it was supplied.

(3)

A person who receives information under or by virtue of subsection (1)(b), (7), (8) or (9) of section 31 or by virtue of this subsection may not further disclose it without the consent of the Commissioners for His Majesty’s Revenue and Customs (which may be general or specific).

(4)

A person who receives information under subsection (3) of section 31 or by virtue of this subsection may not further disclose it—

(a)

in the case only of information received under subsection (3) of section 31, except as permitted by subsection (3), (7), (8), (9) or (10) of that section;

(b)

without the consent of the Commissioners for His Majesty’s Revenue and Customs (which may be general or specific).

(5)

A person who supplies information in reliance on subsection (1)(b), (7), (8) or (9) of section 31 or subsection (3) or (4)(b) of this section must notify the recipient of the limitations and prohibitions that apply to the information by virtue of this section.

(6)

Subsection (7) applies if—

(a)

a person discloses information in contravention of subsection (1)(b) of section 31 or subsection (3) or (4)(b) of this section, and

(b)

the information relates to a person whose identity is specified in, or can be deduced from, the disclosure.

(7)

Section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of wrongful disclosure) applies in relation to the disclosure as it applies in relation to a disclosure in contravention of section 20(9) of that Act.

(8)

This section does not prevent the disclosure of information to HMRC.

33Supply of trailer registration information

(1)

The Secretary of State for Transport may supply trailer registration information in accordance with subsections (3) to (8).

(2)

“Trailer registration information” means any information held by the Secretary of State for Transport under Part 2 of the Haulage Permits and Trailer Registration Act 2018.

(3)

The information may be supplied to the Secretary of State for the Home Department for use in connection with any of the following purposes—

(a)

immigration purposes;

(b)

the law enforcement purposes;

(c)

human welfare purposes;

(d)

purposes connected with the exercise of functions under the Proceeds of Crime Act 2002;

(e)

safeguarding national security;

(f)

responding to an emergency.

(4)

The information may be supplied to the Secretary of State by whom general customs functions are exercisable for use in connection with a customs function exercisable by the Secretary of State.

(5)

The information may be supplied to the National Crime Agency for use in connection with any NCA functions.

(6)

The information may be supplied to HMRC for use in connection with any HMRC functions.

(7)

The information may be supplied to a UK authorised person or a UK authorising officer for use in connection with any of the following purposes—

(a)

specified purposes related to policing;

(b)

the law enforcement purposes;

(c)

safeguarding national security.

(8)

The information may be supplied to a non-UK authorised person or a non-UK authorising officer for use in connection with any of the following purposes—

(a)

the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;

(b)

purposes connected with the exercise of any statutory functions of the recipient relating to customs, excise, immigration or the proceeds of crime.

(9)

Information received by the Secretary of State under subsection (3) may be supplied by the Secretary of State to any of the following persons for use in connection with any of the purposes listed in subsection (3)—

(a)

an immigration officer;

(b)

a designated customs official;

(c)

the Border Security Commander.

(10)

Information received by the Secretary of State under subsection (4) may be supplied by the Secretary of State to either or both of the following persons for use in connection with a customs function exercisable by the person—

(a)

the Director of Border Revenue;

(b)

a designated customs official.

(11)

If at any time the Secretary of State by whom general customs functions are exercisable is not the Secretary of State for the Home Department, subsection (3) is to be read at that time as if the reference to the Secretary of State for the Home Department included a reference to the Secretary of State by whom general customs functions are exercisable.

(1)

A person who receives information under section 33(3), (4), (9) or (10) may supply the information—

(a)

to a person exercising public functions (whether or not within the United Kingdom) for use in connection with any of the following purposes—

(i)

immigration purposes;

(ii)

the purposes of exercising a customs function;

(iii)

specified purposes related to policing;

(iv)

the law enforcement purposes;

(v)

human welfare purposes;

(vi)

safeguarding national security;

(vii)

responding to an emergency;

(viii)

purposes connected with civil or criminal legal proceedings or a criminal investigation (including proceedings or an investigation outside the United Kingdom), or

(b)

to another person in pursuance of—

(i)

an order of a court, or

(ii)

an agreement to which the United Kingdom or His Majesty’s Government is a party.

(2)

A UK authorised person or a UK authorising officer who receives information under section 33(7) may supply the information as mentioned in subsection (1)(a) or (b)(i).

35Sections 30 to 34: general provision about disclosure

(1)

Nothing in sections 30 to 34 limits the circumstances in which information may be supplied apart from those sections.

(2)

Sections 30 to 34 do not authorise a disclosure of information if the disclosure would contravene the investigatory powers legislation.

(3)

In this section “the investigatory powers legislation” means Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

36Sections 30 to 34: interpretation

(1)

This section applies for the purposes of sections 30 to 34.

(2)

References to the following persons have the following meanings—

“the Border Security Commander” means the person designated under section 1 of this Act;

“designated customs official” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act);

“the Director of Border Revenue” means the person designated under section 6 of the Borders, Citizenship and Immigration Act 2009;

“HMRC” means His Majesty’s Revenue and Customs;

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

(3)

A “UK authorised person” means—

(a)

for the purposes of section 30, a person in the first column of the following table who is authorised to receive information under section 30(1) by the person specified in the corresponding entry in the second column of the table;

(b)

for the purposes of sections 33 and 34, a person in the first column of the following table who is authorised to receive information under section 33(7) by the person specified in the corresponding entry in the second column of the table.

Person	Authorising officer
a constable or other person who is under the direction and control of a person who has the direction and control of a body of constables	the person under whose direction and control the constable or other person is
a member of a service police force or other person who is under the direction and control of a Provost Marshal	the relevant Provost Marshal

(4)

In the table in subsection (3)—

“constable” includes special constable;

“relevant Provost Marshal” means—

(a)

in relation to a member of a service police force—

(i)
the Provost Marshal of that service police force, or
(ii)
in the case of a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006, the Provost Marshal for serious crime;

(b)

in relation to any other person who is under the direction and control of a Provost Marshal, the Provost Marshal under whose direction and control the person is;

“service police force” has the same meaning as in the Armed Forces Act 2006 (see section 375(1) of that Act).

(5)

A “UK authorising officer” means—

(a)

a person having the direction and control of a body of constables, and

(b)

a Provost Marshal.

(6)

A “non-UK authorised person” means a person specified in the first column of the following table who is authorised to receive information under section 33(8) by the person specified in the corresponding entry in the second column of the table.

Person	Authorising officer
A member of the States of Jersey Police Force	The Chief Officer of the States of Jersey Police Force
A Deputy Agent of the Impôts or an officer of the Impôts	The Agent of the Impôts of the Bailiwick of Jersey
An employee or member of the Jersey Financial Intelligence Unit	The Director of the Jersey Financial Intelligence Unit
A member of the salaried Police Force of the Island of Guernsey	The Chief Officer of the salaried Police Force of the Island of Guernsey
An employee of the States of Guernsey	The Chief Officer of the salaried Police Force of the Island of Guernsey
An officer of Customs and Excise of the Bailiwick of Guernsey	The Chief Officer of Customs and Excise of the Bailiwick of Guernsey
An immigration officer of the Bailiwick of Guernsey	The Chief Officer of Customs and Excise of the Bailiwick of Guernsey
A person authorised to exercise a function of the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey	The Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey
A member of staff of the Financial Intelligence Unit of the Bailiwick of Guernsey	The head of the Financial Intelligence Unit of the Bailiwick of Guernsey
A member of the Isle of Man Constabulary	The Chief Constable of the Isle of Man Constabulary
An employee of the Isle of Man Public Services Commission	The Chief Constable of the Isle of Man Constabulary
An officer of Customs and Excise of the Isle of Man	The Treasury Minister of the Isle of Man
An immigration officer of the Isle of Man	The Treasury Minister of the Isle of Man
A member of staff of the Isle of Man Financial Intelligence Unit	The Director of the Isle of Man Financial Intelligence Unit
A member of the Royal Gibraltar Police	The Commissioner of the Royal Gibraltar Police
A member of the Gibraltar Defence Police	The Chief Officer of the Gibraltar Defence Police
An officer of His Majesty’s Customs Gibraltar	The Collector of Customs of His Majesty’s Government of Gibraltar

(7)

A “non-UK authorising officer” means a person specified in the second column of the table in subsection (6).

(8)

References to the following purposes or functions have the following meanings—

“customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act);

“general customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8) of that Act);

“HMRC functions” means functions of the Commissioners for His Majesty’s Revenue and Customs or of officers of Revenue and Customs, within the meaning of the Commissioners for Revenue and Customs Act 2005 (see section 51(2) to (2B) of that Act);

“human welfare purposes” means any of the following—

(a)

preventing loss of human life;

(b)

preventing serious physical harm to a person;

(c)

safeguarding vulnerable people;

“immigration purposes” has the meaning given by section 20(3) of the Immigration and Asylum Act 1999;

“the law enforcement purposes” has the same meaning as in Part 3 of the Data Protection Act 2018 (section 31 of that Act);

“NCA functions” has the same meaning as in Part 1 of the Crime and Courts Act 2013 (see section 16(1) of that Act);

“specified purposes related to policing” means purposes related to policing that are specified in regulations made under this subsection by the Secretary of State.

(9)

Before making regulations under subsection (8), the Secretary of State must consult—

(a)

the Scottish Ministers,

(b)

the Department of Justice in Northern Ireland, and

(c)

such persons appearing to the Secretary of State to represent the views of a body of constables in the United Kingdom as the Secretary of State considers appropriate.

Provision of biometric information by evacuees etc

37Provision of biometric information by evacuees etc

(1)

An authorised person may take biometric information from a person to whom this section applies.

(2)

This section applies to a person if—

(a)

the authorised person reasonably believes that, if the person were to seek to enter the United Kingdom, the person would require leave to do so (whether or not such leave has been given), and

(b)

His Majesty’s Government is considering whether to facilitate, or is facilitating or has facilitated, the person’s departure from a state or territory.

(3)

An authorised person may not take biometric information from a child under the age of 16 except in the presence of a person aged 18 or over who is—

(a)

the child’s parent or guardian, or

(b)

a person who for the time being takes responsibility for the child.

(4)

The person mentioned in subsection (3)(b) may not be—

(a)

an authorised person, or

(b)

an officer of the Secretary of State who is not an authorised person.

(5)

Subsection (3) does not prevent an authorised person from taking biometric information from a child if the authorised person reasonably believes that the child is aged 16 or over.

(6)

In this section and section 38—

“authorised person” means a person authorised by the Secretary of State for the purposes of this section;

“biometric information” has the meaning given by section 15(1A) of the UK Borders Act 2007.

(7)

References in this section and section 38 to the taking of biometric information from a person include the recording of biometric information about the person.

(8)

Biometric information may be taken under this section outside the United Kingdom.

38Use and retention of information taken under section 37

(1)

An authorised person who takes biometric information under section 37 must supply that information to the Secretary of State as soon as reasonably practicable.

(2)

Biometric information taken under section 37 may be used by the Secretary of State in connection with—

(a)

the exercise of a function relating to immigration or nationality, or

(b)

the exercise of a function relating to law enforcement or the protection of national security.

(3)

The Secretary of State may retain biometric information taken under section 37 only if the Secretary of State considers that it is necessary to retain the information for any use mentioned in subsection (2).

(4)

The Secretary of State must take all reasonable steps to ensure that the information is destroyed on or before the earliest of the following to occur—

(a)

the Secretary of State no longer considering that it is necessary to retain the information for any use mentioned in subsection (2), and

(b)

the end of the period of 5 years beginning with the day on which the information was taken.

(5)

But the requirement to destroy biometric information does not apply if and in so far as the information is retained under a power apart from subsection (3).

(6)

Biometric information retained by the Secretary of State by virtue of subsection (3) may also be used by the Secretary of State for the purpose of identifying a person whose departure His Majesty’s Government is considering whether to facilitate, or is facilitating or has facilitated, as mentioned in section 37(2)(b).

(7)

Where the Secretary of State’s use of biometric information under subsection (6) involves transferring that information to a third country or to an international organisation, the transfer is to be taken as being necessary for important reasons of public interest for the purposes of Article 49(1)(d) of the UK GDPR.

(8)

In subsection (7)—

“international organisation” and “third country” have the same meaning as in the UK GDPR (see Article 4 of the Regulation);

“the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).

Provision of biometric information at ports in Scotland

39Provision of biometric information at ports in Scotland

(1)

In Schedule 8 to the Terrorism Act 2000, in paragraph 20(1) (power to take fingerprints etc: Scotland) for “a person detained under Schedule 7 or section 41 at a police station in Scotland” substitute “—

(a)

a person detained under section 41 at a police station in Scotland, or

(b)

a person detained under Schedule 7 in Scotland,”.

(2)

In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security), in paragraph 42(1) (power to take fingerprints etc: Scotland) omit “at a police station”.