Immigration Act 1971

[F1 Access and copying]U.K.

Textual Amendments

F1Heading inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch

[F225D(1)If a person showing himself—U.K.

(a)to be the occupier of the premises on which seized material was seized, or

(b)to have had custody or control of the material immediately before it was seized,

asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.

(2)If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for that person to have access to the material under the supervision of an immigration officer.

(3)An immigration officer may photograph or copy, or have photographed or copied, seized material.

(4)If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—

(a)that person to have access to the material under the supervision of an immigration officer for the purpose of photographing or copying it; or

(b)the material to be photographed or copied.

(5)A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time.

(6)There is no duty under this paragraph to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—

(a)the exercise of any functions in connection with which the material was seized; or

(b)an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.

(7)Relevant person” means—

(a)a person who had custody or control of seized material immediately before it was seized, or

(b)someone acting on behalf of such a person.

(8)Seized material” means anything which has been seized and retained under this Schedule [F3other than a driving licence seized under paragraph 25CC].]

Textual Amendments

F2Sch. 2 para. 25D inserted (14.2.2000) by 1999 c. 33, s. 136(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

F3Words in Sch. 2 para. 25D(8) inserted (31.7.2017 for specified purposes) by Immigration Act 2016 (c. 19), ss. 43(3), 94(1); S.I. 2017/799, reg. 2

Modifications etc. (not altering text)

C1Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

[F425EU.K.Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.]

Textual Amendments

F4Sch. 2 para. 25E inserted (14.2.2000) by 1999 c. 33, s. 139; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C1Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))