Section 153 — Nationality, Immigration and Asylum Act 2002: Power of entry

Power of entry 153 1 The following shall be inserted after section 28C of the Immigration Act 1971 (search and arrest without warrant)— Business premises: entry to arrest 28CA 1 A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—

a for an offence under section 24, b for an offence under section 24A, or c under paragraph 17 of Schedule 2.

2 The power under subsection (1) may be exercised only—

a to the extent that it is reasonably required for a purpose specified in subsection (1),

b if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises, c with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable),

and d if the constable or immigration officer produces identification showing his status.

3 Authority for the purposes of subsection (2)(c)—

a may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and b shall expire at the end of the period of seven days beginning with the day on which it is given.

4 Subsection (2)(d) applies—

a whether or not a constable or immigration officer is asked to produce identification, but b only where premises are occupied.

5 Subsection (6) applies where a constable or immigration officer—

a enters premises in reliance on this section, and b detains a person on the premises.

6 A detainee custody officer may enter the premises for the purpose of carrying out a search.

7 In subsection (6)— “ detainee custody officer ” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and “ search ” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).

2 The following shall be substituted for section 146(2) of the Immigration and Asylum Act 1999 (use of force)— 2 A person exercising a power under any of the following may if necessary use reasonable force—

a section 28CA, 28FA or 28FB of the 1971 Act (business premises: entry to arrest or search),

b section 141 or 142 of this Act, and c regulations under section 144 of this Act.