Illegal Migration Act 2023

Prospective

Introduction U.K.

2 (1) In this Schedule—

• “appropriate adult”, in relation to a person, means—

  (a)

  a person appearing to an immigration officer to be the person’s parent or guardian,

  (b)

  if the person is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation,

  (c)

  a registered social worker, or

  (d)

  if no person within a preceding paragraph is available, any responsible person aged 18 or over who is not an immigration officer or a person employed for, or engaged on, purposes relating to a relevant function;

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

• “intimate search” has the meaning given by section 28H of the Immigration Act 1971;

• “item subject to legal privilege” has the meaning given by section 65(1) of the Criminal Justice and Police Act 2001;

• “local authority”—

  (a)

  in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;

  (b)

  in relation to Wales, means a county council or a county borough council;

  (c)

  in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

• “registered social worker” means a person registered as a social worker in a register maintained by—

  (a)

  Social Work England,

  (b)

  Social Care Wales,

  (c)

  the Scottish Social Services Council, or

  (d)

  the Northern Ireland Social Care Council;

• “relevant article” means anything which appears to an immigration officer to be a thing on which relevant information is or may be stored in electronic form;

• “relevant authority”—

  (a)

  in relation to England and Wales and Scotland, means a local authority;

  (b)

  in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (see Article 2(2) of that Order);

• “relevant function” means—

  (a)

  any function of an immigration officer, or

  (b)

  any function of the Secretary of State in relation to immigration, asylum or nationality;

• “relevant information” means any information which appears to an immigration officer or the Secretary of State to be relevant to a relevant function;

• “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 towing by a vehicle;

• “voluntary organisation”—

  (a)

  in relation to England and Wales, has the same meaning as in the Children Act 1989 (see section 105(1) of that Act);

  (b)

  in relation to Scotland, has the same meaning as in Part 2 of the Children (Scotland) Act 1995 (see section 93(1) of that Act);

  (c)

  in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 (see Article 74(1) of that Order).

(2) In paragraph (d) of the definition of “appropriate adult”, the reference to purposes relating to a relevant function does not include the purpose of performing the functions of an “appropriate adult” for the purposes of this Schedule.

Commencement Information

I1 Sch. 2 para. 2 not in force at Royal Assent, see s. 68(1)