SCHEDULES
SCHEDULE 1Enforcement powers
2Power to search detained persons
1
In Schedule 2 to the Immigration Act 1971, after paragraph 18 insert—
18A
1
An immigration officer or constable may search a person (“P”) who is detained under paragraph 16 for anything which P might use—
a
to cause physical injury to P or others, or
b
to assist P’s escape from legal custody.
2
The power to search P—
a
unless sub-paragraph (3) applies, does not include power to require P to remove any clothing other than an outer coat, jacket or glove, but
b
includes power to require P to open P’s mouth.
3
This sub-paragraph applies if an immigration officer or constable has reasonable grounds to believe that there is concealed on P anything which P might use as mentioned in sub-paragraph (1).
4
The power to search P may be exercised only to the extent reasonably required for the purpose of discovering anything which P might use as mentioned in sub-paragraph (1).
5
An intimate search (as defined in section 28H(11)) may not be conducted under this paragraph.
6
An immigration officer or constable may seize and retain anything found on a search of P if the officer or constable has reasonable grounds to believe P might use it as mentioned in sub-paragraph (1).
7
Nothing seized under sub-paragraph (6) may be retained when P is released from detention under paragraph 16.
2
In paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (which applies certain provisions of Schedule 2 to that Act), for “, 18” substitute “to 18A”.
3
In section 10(7) of the Immigration and Asylum Act 1999 (which applies certain provisions of Schedule 2 to the Immigration Act 1971), for “18” substitute “18A”.
4
In section 47(3) of the Immigration, Asylum and Nationality Act 2006 (which applies certain provisions of Schedule 2 to the Immigration Act 1971), for “18” substitute “18A”.
5
In regulation 22(2) of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) (which applies certain provisions of Schedule 2 to the Immigration Act 1971), for “18” substitute “18A”.