Schedules
Schedule 2Electronic devices etc
I12Introduction
1
In this Schedule—
“appropriate adult”, in relation to a person, means—
- a
a person appearing to an immigration officer to be the person’s parent or guardian,
- b
if the person is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation,
- c
a registered social worker, or
- 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;
- a
“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”—
- 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;
- b
in relation to Wales, means a county council or a county borough council;
- c
in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
- a
“registered social worker” means a person registered as a social worker in a register maintained by—
- a
Social Work England,
- b
Social Care Wales,
- c
the Scottish Social Services Council, or
- d
the Northern Ireland Social Care Council;
- a
“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”—
- a
in relation to England and Wales and Scotland, means a local authority;
- 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);
- a
“relevant function” means—
- a
any function of an immigration officer, or
- b
any function of the Secretary of State in relation to immigration, asylum or nationality;
- a
“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—
- a
any ship, train (including any locomotive and railway rolling stock of any description), aircraft or bicycle, and
- b
anything designed or adapted for towing by a vehicle;
- a
“voluntary organisation”—
- a
in relation to England and Wales, has the same meaning as in the Children Act 1989 (see section 105(1) of that Act);
- 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);
- 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).
- a
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.