Schedules

Schedule 2Electronic devices etc

I12Introduction

1

In this Schedule—

  • appropriate adult”, in relation to a person, means—

    1. a

      a person appearing to an immigration officer to be the person’s parent or guardian,

    2. b

      if the person is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation,

    3. c

      a registered social worker, or

    4. d

      if no person within a preceding paragraph is available, any responsible person aged 18 or over who is not an immigration officer or a person employed for, or engaged on, purposes relating to a relevant function;

  • container” has the meaning given by section 1 of the Customs and Excise Management Act 1979;

  • intimate search” has the meaning given by section 28H of the Immigration Act 1971;

  • item subject to legal privilege” has the meaning given by section 65(1) of the Criminal Justice and Police Act 2001;

  • local authority”—

    1. a

      in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;

    2. b

      in relation to Wales, means a county council or a county borough council;

    3. c

      in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

  • registered social worker” means a person registered as a social worker in a register maintained by—

    1. a

      Social Work England,

    2. b

      Social Care Wales,

    3. c

      the Scottish Social Services Council, or

    4. d

      the Northern Ireland Social Care Council;

  • relevant article” means anything which appears to an immigration officer to be a thing on which relevant information is or may be stored in electronic form;

  • relevant authority”—

    1. a

      in relation to England and Wales and Scotland, means a local authority;

    2. b

      in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (see Article 2(2) of that Order);

  • relevant function” means—

    1. a

      any function of an immigration officer, or

    2. b

      any function of the Secretary of State in relation to immigration, asylum or nationality;

  • relevant information” means any information which appears to an immigration officer or the Secretary of State to be relevant to a relevant function;

  • ship” has the meaning given by section 28Q of the Immigration Act 1971;

  • vehicle” includes—

    1. a

      any ship, train (including any locomotive and railway rolling stock of any description), aircraft or bicycle, and

    2. b

      anything designed or adapted for towing by a vehicle;

  • voluntary organisation”—

    1. a

      in relation to England and Wales, has the same meaning as in the Children Act 1989 (see section 105(1) of that Act);

    2. b

      in relation to Scotland, has the same meaning as in Part 2 of the Children (Scotland) Act 1995 (see section 93(1) of that Act);

    3. c

      in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 (see Article 74(1) of that Order).

2

In paragraph (d) of the definition of “appropriate adult”, the reference to purposes relating to a relevant function does not include the purpose of performing the functions of an “appropriate adult” for the purposes of this Schedule.