Part 5Miscellaneous
F12Director General of the Independent Office for Police Conduct
I1I241Immigration and asylum enforcement functions F2and customs functions: complaints and misconduct
1
The Secretary of State may make regulations conferring functions on the F6Director General of the Independent Office for Police Conduct (“the Director General”) in relation to—
a
the exercise by immigration officers of specified enforcement functions;
b
the exercise by officials of the Secretary of State of specified enforcement functions relating to immigration or asylum;
F3c
the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b).
2
In subsection (1) the reference to enforcement functions includes, in particular, reference to—
a
powers of entry,
b
powers to search persons or property,
c
powers to seize or detain property,
d
powers to arrest persons,
e
powers to detain persons,
f
powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data), and
g
powers in connection with the removal of persons from the United Kingdom.
F12A
The Secretary of State may make regulations conferring functions on the F7Director General in relation to—
a
the exercise by designated customs officials, and officials of the Secretary of State, of customs functions within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009;
b
the exercise by the Director of Border Revenue, and any person exercising functions of the Director, of customs revenue functions within the meaning of that Part of that Act;
c
the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b).
3
Regulations under subsection (1) may not confer functions on the F8Director General in relation to the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 1999 (c. 33).
4
Regulations under subsection (1) F4or (2A)—
a
may apply (with or without modification) or make provision similar to any provision of or made under Part 2 of the Police Reform Act 2002 (c. 30) (complaints);
b
may make provision for payment by the Secretary of State to or in respect of the F9Director General.
5
The F10Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
a
by virtue of this section, or
b
under the Parliamentary Commissioner Act 1967 (c. 13).
6
The F11Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
a
the F11Director General has functions by virtue of this section, and
b
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967 (c. 13).
7
8
In this section “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).
Words in s. 41 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 69(2); S.I. 2017/1249, reg. 2 (with reg. 3)