Regulation 33 Powers of entry: immigration officers

After section 6 insert—

“Powers of entry: immigration officers

6A

(1)

Where an immigration officer has reason to believe that any premises are being used between the hours of eleven o’clock in the evening and five o’clock the following morning for the sale to or consumption by the public of food, the officer may at any time enter the premises with a view to seeing whether an offence under any of the Immigration Acts is being committed in connection with the carrying on of that activity.

(2)

The reference in subsection (1) to the sale of food is to the sale of food for consumption on as well as off the premises in which it is sold.

(3)

An immigration officer exercising a power conferred by this section must, if so requested, produce evidence of that officer’s authority to exercise the power.

(4)

An immigration officer exercising a power conferred by this section may, if necessary, use reasonable force.

(5)

A person commits an offence if the person intentionally obstructs an immigration officer exercising a power conferred by this section.

(6)

A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7)

In this section—

• “food” has the meaning given in section 1 of the Food Safety Act 1990^f1;

• “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

• “premises” includes a vehicle or vessel.”.