SCHEDULES

C1SCHEDULE 8Powers to seize invalid passports etc

Annotations:
Modifications etc. (not altering text)
C1

Sch. 8: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(m)(3)-(6), 87(1)(4)(i); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29

Retention or return of documents seized

I14

1

If a travel document is retained under paragraph F12(2)(c), 3(3)(c) or 3A(2)(c) while its validity is checked, the checking must be carried out as soon as possible.

2

If it is established that a travel document taken from a person under paragraph 2 or 3—

a

is valid, or

b

is invalid only because it has expired,

it must be returned to the person straight away.

F22A

If it is established that a travel document taken from any premises under paragraph 3A—

a

is valid, or

b

is invalid only because it has expired,

it must be returned to the person to whom it was issued straight away.

3

A travel document taken from a person under paragraph 2 or 3 must be returned to the person before the end of the period of 7 days beginning with the day on which it was taken, unless during that period it is established that the document is invalid for some reason other than expiry.

F33A

A travel document taken from premises under paragraph 3A must be returned to the person to whom it was issued before the end of the period of 7 days beginning with the day on which it was taken, unless during that period it is established that the document is invalid for some reason other than expiry.

4

A requirement under sub-paragraph F4(2)(b), (2A), (3) or (3A) to return an expired travel document does not apply where the officer concerned reasonably believes that the person from whom he or she took the document F5or (as the case may be) to whom it was issued, or some other person, intends to use it for purposes for which it is no longer valid.

5

A requirement under sub-paragraph F6(2), (2A), (3) or (3A) to return a travel document has effect subject to any provision not in this Schedule under which the document may be lawfully retained.