COMMENTED by
The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (Note)

EXTENDED by
The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 (Memo)

The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008

Statutory Instruments

2008 No. 212

IMMIGRATION

The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008

Made

31st January 2008

Laid before Parliament

4th February 2008

Coming into force

25th February 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 41 of the Police and Justice Act 2006(1).

Citation and commencement

1.  These Regulations may be cited as the Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 and shall come into force on 25th February 2008.

Interpretation

2.—(1) In these Regulations –

“the 2002 Act” means the Police Reform Act 2002(2);

“appropriate authority” means a person nominated by the Secretary of State;

“the Commission” means the Independent Police Complaints Commission established under section 9 of the 2002 Act(3);

“Complaints Regulations” means the Police (Complaints and Misconduct) Regulations 2004(4);

“complaint” has the meaning given in section 12 of the 2002 Act for the purposes of these Regulations(5);

“conduct matter” has the meaning given in section 12 of the 2002 Act for the purposes of these Regulations;

“death and serious injury matter” and “DSI matter” have the meaning given in section 12 of the 2002 Act;

“immigration decision” has the meaning given in section 82(2) of the Nationality, Immigration and Asylum Act 2002(6); and

“Staff Conduct Regulations” means the Independent Police Complaints Commission (Staff Conduct) Regulations 2004(7).

(2) In these Regulations “specified enforcement functions” means subject to paragraphs (3) and (4)—

(a)

powers of entry;

(b)

powers to search persons and property;

(c)

powers to seize or detain property;

(d)

powers to arrest persons;

(e)

powers to detain persons;

(f)

powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and

(g)

powers in connection with the removal of persons from the United Kingdom.

(3) The following shall not be regarded as an enforcement function—

(i)

the making of an immigration decision;

(ii)

the making of any decision to grant or refuse asylum; or

(iii)

the giving of any direction to remove persons from the United Kingdom.

(4) For the avoidance of doubt, references to “specified enforcement functions” include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 2000(8).

Conferral of functions on the Independent Police Complaints Commission

3.—(1) Subject to regulation 4,the Commission shall have functions in relation to the exercise (in, or in relation to, England and Wales) by—

(a)

immigration officers of the enforcement functions specified in paragraph (2), and

(b)

officials of the Secretary of State of the enforcement functions specified in paragraph (2) when carried out in relation to immigration or asylum.

(2) Subject to paragraphs (3) and (4) the enforcement functions are—

(a)

powers of entry;

(b)

powers to search persons and property;

(c)

powers to seize or detain property;

(d)

powers to arrest persons;

(e)

powers to detain persons;

(f)

powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and

(g)

powers in connection with the removal of persons from the United Kingdom.

(3) The following shall not be regarded as an enforcement function—

(i)

the making of an immigration decision;

(ii)

the making of a...

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