SCHEDULES

C2C3C4C5C7C10C9C11C14C13C17C16C15 SCHEDULE 2 Administrative Provisions as to Control on Entry etc.

Annotations:
Modifications etc. (not altering text)
C3

Sch. 2 modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(11) (as amended: (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 11; (30.7.2000) by S.I. 2000/1775, arts. 1, 2(2); (25.5.2001) by S.I. 2001/1544, arts. 1(2), 6(3) (as itself amended (2.1.2008) by S.I. 2007/3579, art. 2(2)(3)); (5.8.2014) by S.I. 2014/1814, arts. 1, 2(3)(4); and (30.9.2020) by S.I. 2020/915, arts. 1(2), 5(5))

Sch. 2 extended (with modifications): (Guernsey) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1; (Jersey) (1.8.1993) by S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

Sch. 2 applied (20.7.1994) by S.I. 1994/1895, art. 20(2)

Sch. 2 amended (2.10.2000) by 1999 c. 33, s. 66; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 extended (10.2.2003) (with modifications) by 2002 c. 41, s. 62(3) (with s. 159); S.I. 2003/1, art. 2, Sch.

Sch. 2 amended (1.4.2003) by 2002 c. 41, s. 68 (with s. 159); S.I. 2003/754, art. 2, Sch. 1 (with transitional provisions in arts. 3, 4, Sch. 2) (as amended by S.I. 2003/1040 and S.I. 2003/1339)

C5

Sch. 2 applied in part (with modifications) by S.I. 2006/1003, reg. 29AA(6)(7) (as inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 8 (with reg. 4))

C11

Schs. 2-4: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)

C14

Sch. 2 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6

C13

Sch. 2 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C1C5C7C8C17C16C15 Part I General Provisions

Annotations:
Modifications etc. (not altering text)
C1

Sch. 2 Pt. I applied (with modifications) (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 12; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I amended (2.10.2000) by 1999 c. 33, s. 58(3), Sch. 4 Pt. II para. 15; S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)

Sch. 2 Pt. I applied (with modifications) (2.10.2000 with application as mentioned in regs. 9, 28) by S.I. 2000/2326, reg. 32(3)(7) (as substituted (1.4.2003) for reg. 34(3)(10) by S.I. 2003/549, reg. 2(8) (with reg. 3))

C8

Sch. 2 Pt. I applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 40(4)

F2 Searching persons in police custody

Annotations:
Amendments (Textual)
F2

Heading inserted (14.2.2000) by 1999 c. 33, s. 135(2); S.I. 2000/168, art. 2, Sch

C6C12F125C

1

This paragraph applies if a person—

a

has been arrested under this Schedule; and

b

is in custody at a police station.

2

An immigration officer may, at any time, search the arrested person in order to ascertain whether he has with him—

a

anything which he might use to—

i

cause physical injury to himself or others;

ii

damage property;

iii

interfere with evidence; or

iv

assist his escape; or

b

any document which might—

i

establish his identity, nationality or citizenship; or

ii

indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.

3

The power may be exercised only to the extent that the officer considers it to be necessary for the purpose of discovering anything of a kind mentioned in sub-paragraph (2).

4

An officer searching a person under this paragraph may seize and retain anything he finds, if he has reasonable grounds for believing that—

a

that person might use it for one or more of the purposes mentioned in sub-paragraph (2)(a); or

b

it might be a document falling within sub-paragraph (2)(b).

5

But the officer may not retain anything seized under sub-paragraph (2)(a)—

a

for longer than is necessary in view of the purpose for which the search was carried out; or

b

when the person from whom it was seized is no longer in custody or is in the custody of a court but has been released on bail.

6

The person from whom something is seized must be told the reason for the seizure unless he is—

a

violent or appears likely to become violent; or

b

incapable of understanding what is said to him.

7

An intimate search may not be conducted under this paragraph.

8

The person carrying out a search under this paragraph must be of the same sex as the person searched.

9

“Intimate search” has the same meaning as in section 28H(11).