Immigration, Asylum and Nationality Act 2006

41 Section 40: supplemental

(1) Arrangements under section 40(6)(c) must include provision for the appointment of a Crown servant to—

(a) monitor the exercise of powers under that section by authorised persons (other than constables or officers of Revenue and Customs),

(b) inspect from time to time the way in which the powers are being exercised by authorised persons (other than constables or officers of Revenue and Customs), and

(c) investigate and report to the Secretary of State about any allegation made against an authorised person (other than a constable or officer of Revenue and Customs) in respect of anything done or not done in the purported exercise of a power under that section.

(2) The authorisation for the purpose of section 40 of a constable or officer of Revenue and Customs or of a class of constable or officer of Revenue and Customs—

(a) may be revoked, and

(b) shall have effect, unless revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation.

(3) The authorisation of a person other than a constable or officer of Revenue and Customs for the purpose of section 40—

(a) may be subject to conditions,

(b) may be suspended or revoked by the Secretary of State by notice in writing to the authorised person, and

(c) shall have effect, unless suspended or revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation.

(4) A class may be specified for the purposes of section 40(3) or (4) by reference to—

(a) named individuals,

(b) the functions being exercised by a person,

(c) the location or circumstances in which a person is exercising functions, or

(d) any other matter.

(5) An individual or article delivered to an immigration officer under section 40 shall be treated as if discovered by the immigration officer on a search under Schedule 2 to the Immigration Act 1971 (c. 77).

(6) A person commits an offence if he—

(a) absconds from detention under section 40(7)(c),

(b) absconds while being taken to a place under section 40(7)(d) or having been taken to a place in accordance with that paragraph but before being delivered to an immigration officer,

(c) obstructs an authorised person in the exercise of a power under section 40, or

(d) assaults an authorised person who is exercising a power under section 40.

(7) But a person does not commit an offence under subsection (6) by doing or failing to do anything in respect of an authorised person who is not readily identifiable—

(a) as a constable or officer of Revenue and Customs, or

(b) as an authorised person (whether by means of a uniform or badge or otherwise).

(8) A person guilty of an offence under subsection (6) shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks, in the case of a conviction in England and Wales, or six months, in the case of a conviction in Scotland or Northern Ireland,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.

(9) In relation to a conviction occurring before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in subsection (8)(a) to 51 weeks shall be treated as a reference to six months.