SCHEDULES

SCHEDULE 1Enforcement powers

Power to search detained persons

2(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”.