Immigration Act 1971

[F1 25CC (1) If an authorised officer who is exercising a power to search a person or premises finds a driving licence to which this sub-paragraph applies in the course of the search, the officer may seize and retain the licence. U.K.

(2) Sub-paragraph (1) applies to a driving licence if—

(a) the authorised officer finds the licence in the possession of a person who the authorised officer has reasonable grounds for believing is not lawfully resident in the United Kingdom, or

(b) the authorised officer has reasonable grounds for believing that the holder of the licence is not lawfully resident in the United Kingdom.

(3) A driving licence seized under sub-paragraph (1) must, as soon as practicable, be given to—

(a) the Secretary of State, in the case of a licence granted by the Secretary of State, or

(b) the Department for Infrastructure for Northern Ireland, in the case of a licence granted by the Department.

(4) A person who is in possession of a driving licence by virtue of sub-paragraph (3) must retain it if—

(a) it has not been revoked,

(b) it has been revoked but the time limit for an appeal against revocation of the licence has not expired, or

(c) it has been revoked, such an appeal has been brought but the appeal has not been determined.

(5) A driving licence which is required to be retained under sub-paragraph (4) must be retained—

(a) until a decision is taken not to revoke it, or

(b) if it has been or is subsequently revoked—

(i) until the time limit for an appeal against revocation of the licence expires without an appeal being brought, or

(ii) until such an appeal is determined.

(6) A driving licence which is in the possession of a person by virtue of sub-paragraph (3) but which is not required to be retained under sub-paragraphs (4) and (5) must be returned to the holder if—

(a) a decision is taken not to revoke the licence, or

(b) an appeal against revocation of the licence is determined in favour of the holder.

(7) Otherwise the driving licence may be dealt with in such manner as that person thinks fit.

(8) Neither the Secretary of State nor the Department for Infrastructure for Northern Ireland is obliged to re-issue a licence which has been seized and retained under this paragraph.

(9) References in this paragraph to an appeal against the revocation of a licence are to—

(a) an appeal under section 100 of the Road Traffic Act 1988, in the case of a licence granted by the Secretary of State, or

(b) an appeal under Article 16 of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1)), in the case of a licence granted by the Department for Infrastructure for Northern Ireland.

(10) References in this paragraph to the holder of a driving licence, in relation to a licence that has been revoked, include the person who was the holder of the licence before it was revoked.]

Textual Amendments

F1 Sch. 2 paras. 25CA-25CC and cross-headings inserted (31.7.2017 for specified purposes) by Immigration Act 2016 (c. 19), ss. 43(2), 94(1) (with s. 43(5)); S.I. 2017/799, reg. 2