- Account
includes a financial product by means of which a payment may be made. 3 “Freezing order” has the meaning given by section 40D(2). 4 “Disqualified person” has the meaning given by section 40A(3). 5 References to an account being operated by or for a person or body are to be read in accordance with section 40A(5).”
- all premises warrant
means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2. 13B The reference in subsection (8B) to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.”
- appropriate judicial officer
means— (a) in relation to England and Wales, a justice of the peace;
- arrangements
includes arrangements for the convenience of applicants or persons making requests for the exercise of a function.
- authorised officer
means— (a) an immigration officer, (b) a constable, or (c) a person of a kind authorised for the purposes of this paragraph and paragraphs 25CB and 25CC by the Secretary of State;
- birth or death registration services
means services in connection with the registration of births or deaths which are provided— (a) by or on behalf of the Registrar General, a superintendent registrar or registrar, or (b) by any other person;
- child
means a person who is under the age of 18.”
- consular function
means— (a) any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968;
- contract
means a contract whether express or implied and, if express, whether oral or in writing;
- contract to sell goods
means a contract by which a person acting in the course of a trade, business, craft or profession transfers or agrees to transfer the property in goods to another person (and for this purpose “goods” means any tangible moveable items);
- costs
includes— (a) the costs of the Secretary of State, and (b) the costs of any other person (whether or not funded from public money);
- dependant
has the same meaning as in Part 6 of the Immigration and Asylum Act 1999 (see section 94 of that Act).
- detained
means detained under— and “detention” is to be construed accordingly.
- 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 (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).
- Disqualified person
has the meaning given by section 40A(3). 5 References to an account being operated by or for a person or body are to be read in accordance with section 40A(5).”
- electronic monitoring condition
means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—
- enactment
includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
- enforcement officer
means— (a) a person who is a commissioned officer of any of Her Majesty's ships, or (b) a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;
- England and Wales waters
means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;
- English and Welsh constable
means only a person who is— (a) a member of a police force in England and Wales, (b) a member of the British Transport Police Force, or (c) a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964;
- entry clearance
has the meaning given by section 33(1) of the Immigration Act 1971.”
- financial condition
means a condition requiring the payment of a sum of money by the person to whom immigration bail is granted (“P”) or another person, in a case where P fails to comply with another condition to which P's immigration bail is subject.
- foreign ship
means a ship which— (a) is registered in a State other than the United Kingdom, or (b) is not so registered but is entitled to fly the flag of a State other than the United Kingdom;
- Freezing order
has the meaning given by section 40D(2). 4 “Disqualified person” has the meaning given by section 40A(3). 5 References to an account being operated by or for a person or body are to be read in accordance with section 40A(5).”
- full search
means a search which involves the removal of an item of clothing which— (a) is being worn wholly or partly on the trunk, and (b) is being so worn either next to the skin or next to an article of underwear;
- function
includes a power or a duty;
- goods
means any tangible moveable items);
- immigration offence
means— a an offence referred to in paragraph 7A of Schedule 4, or b an offence listed in paragraph 24 or 25 of Schedule 4 that is committed in relation to an offence referred to in paragraph 7A of that Schedule.”
- immigration officer
means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.
- immigration penalty
means a penalty under— a section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or b section 23 of the Immigration Act 2014 (“the 2014 Act”). 5 For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if— a the person is excused payment by virtue of section 15(3) of that Act, or b the penalty is cancelled by virtue of section 16 or 17 of that Act. 6 For the purposes of this Part a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an imm
- intimate search
means a search which consists of a physical examination of a person's body orifices other than the mouth;
- items subject to legal privilege
has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
- labour abuse prevention officer
means an officer of the Gangmasters and Labour Abuse Authority who— a falls within subsection (4), and b is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section. 4 An officer of the Gangmasters and Labour Abuse Authority falls within this subsection if he or she is— a acting for the purposes of the Employment Agencies Act 1973 (see section 8A of that Act), b acting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act), c acting for the purposes of the Gangmasters (Licensing) Act 2004 as an enforcement officer within the meaning of section 15 of that Act, d acting for the purposes of Part 1 or 2 of the Modern Slavery Act 2015 (see sections 11A and 30A of that Act), or e acting for any other purpose prescribed in regulations made by the Secretary of State. 5 The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section. 6 Regulations under this section are to be mad
- labour market enforcement functions
has the same meaning as in Chapter 1 of Part 1 of the Immigration Act 2016 (see section 3 of that Act).”
- labour market offence
has the meaning given in section 3 of the Immigration Act 2016.”
- local authority
has the same meaning as in section 69.
- marriage services
means services in connection with marriages which are provided by or on behalf of the Registrar General, a superintendent registrar or registrar;
- nationality document
means a document which might— (a) establish a person's identity, nationality or citizenship, or (b) indicate the place from which a person has travelled to the United Kingdom or to which a person is proposing to go.
- Northern Ireland constable
means only a person who is— (a) a member of the Police Service of Northern Ireland, (b) a member of the Police Service of Northern Ireland Reserve, or (c) a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847;
- Northern Ireland functions
means functions under this Act in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland. 16B Section 22A does not apply in relation to the Authority's functions in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.”
- Northern Ireland waters
means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;
- Part 1 powers
means the powers set out in Part 1 of Schedule 4A;
- Part 2 powers
means the powers set out in Part 2 of that Schedule;
- Part 3 powers
means the powers set out in Part 3 of that Schedule;
- premises
includes— (a) any land, vehicle, vessel or other place (whether enclosed or not);
- premises licence
has the meaning given by section 11 of the Licensing Act 2003;
- prescribed
means prescribed in regulations made by the Treasury. 5 Regulations under subsection (2) may (in particular) require the provision of information relating to any accounts held with the bank or building society that are operated by or for the person who is believed to be a disqualified person. 40C 1 Where the Secretary of State receives a notification from a bank or building society under section 40B(2) in relation to a person, the Secretary of State must check whether the person is a disqualified person. 2 If the Secretary of State determines that the person is a disqualified person, the Secretary of State may apply under section 40D for a freezing order in respect of one or more of the accounts held with the bank or building society that are operated by or for the disqualified person. 3 If the Secretary of State decides not to apply for a freezing order under subsection (2), or decides to apply for a freezing order in respect of one or more but not all of the accounts held with the bank or building society that are operated by or for the disqualified person, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2
- protection claim
has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002, and
- public authority
means a person with functions of a public nature.
- qualifying tenant
means a person who (within the meaning of Ground 7B) is not disqualified as a result of the person's immigration status from occupying the dwelling-house under the tenancy. 3 The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held— a if there is one qualifying tenant, by the qualifying tenant as sole tenant, or b if there is more than one qualifying tenant, by all of them as joint tenants. 4 The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants— a are entitled to performance of the landlord's covenants under the t
- relevant child
means—
- relevant detention power
means a power to detain under— (a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal), (b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation), (c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal), or (d) section 36(1) of the UK Borders Act 2007 (detention pending deportation);
- relevant licensing authority
has the meaning given by section 12 of that Act.
- relevant member of the House of Commons staff
has the meaning given by section 195(5) of the Employment Rights Act 1996;
- relevant member of the House of Lords staff
has the meaning given by section 194(6) of the Employment Rights Act 1996. 12 Subsection (1) does not apply to— a service as a member of the naval, military or air forces of the Crown, or b employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996. 13 In this section “contract” means a contract whether express or implied and, if express, whether oral or in writing.”
- relevant Minister
means the Secretary of State or the Minister for the Cabinet Office;
- relevant national
means— a a British citizen, b a national of an EEA State other than the United Kingdom, or c a national of Switzerland.”
- relevant officer
means a detainee custody officer, prison officer or prisoner custody officer.
- relevant territory
means— (a) the Isle of Man;
- residence condition
means a condition imposed under Schedule 10 to the Immigration Act 2016.”
- Scotland waters
means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;
- Scottish constable
means only a person who is a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);
- search
means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).
- senior officer
means— (a) in relation to an authorised officer who is an immigration officer, an immigration officer not below the rank of chief immigration officer;
- ship
includes every description of vessel (including a hovercraft) used in navigation;
- ship without nationality
means a ship which— (a) is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or (b) sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;
- specific premises warrant
means a warrant which is not an all premises warrant;
- specified
means specified in regulations under section 92(1).
- statutory provision
means a provision made by or under—
- temporary exclusion order
means an order under section 2 of the Counter-Terrorism and Security Act 2015.”
- the appropriate fee
means the fee payable to a registrar or superintendent registrar for a certified copy of an entry in the register concerned by virtue of section 38A of the Births and Deaths Registration Act 1953.”
- the Convention
means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;
- the court
means— (a) in England and Wales, a magistrates' court;
- the disqualified person
means the person who, following a check under section 40C(1), was determined to be a disqualified person, resulting in the application for the freezing order. 40E 1 An appeal may be made to the relevant appeal court against a decision of a court under section 40D. 2 The right of appeal under subsection (1) is exercisable by— a the Secretary of State, and b if the decision relates to a freezing order that is in force in respect of an account, a person or body by or for whom the account is operated. 3 On an appeal under this section the relevant appeal court may make— a whatever orders are necessary to give effect to its determination of the appeal;
- the Immigration Acts
has the meaning given by section 61(2) of the UK Borders Act 2007, and b the reference to an offence under any of the Immigration Acts includes an offence under section 133(5) of the Criminal Justice and Immigration Act 2008 (breach of condition imposed on designated person). 3 In this Act “immigration penalty” means a penalty under— a section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or b section 23 of the Immigration Act 2014 (“the 2014 Act”). 4 For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if— a th
- the relevant appeal court
means— a the Crown Court, where the decision appealed against is a decision of a magistrates' court;
- the relevant date
means—
- the relevant day
means— a where the licence is suspended or revoked, the day on which the suspension or revocation takes effect;
- the relevant time
means the later of—
- the ship
means the ship in relation to which the powers set out in this Part of this Schedule are exercised. 2 1 This paragraph applies if a relevant officer has reasonable grounds to suspect that— a an offence under section 25, 25A or 25B is being, or has been, committed on the ship, or b the ship is otherwise being used in connection with the commission of an offence under any of those sections. 2 The relevant officer may— a stop the ship;
- travel document
means a document which enables or facilitates travel from one state to another and a “UK travel document” means such a document issued by the Secretary of State;
- United Kingdom passport
has the same meaning as in the Immigration Act 1971 (see section 33 of that Act).
- United Kingdom ship
means a ship which— (a) is registered under Part 2 of the Merchant Shipping Act 1995, (b) is a Government ship within the meaning of that Act, (c) is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or (d) is registered under an Order in Council under section 1 of the Hovercraft Act 1968. 2 For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is— a a British citizen, a British overseas territories citizen or a British Overseas citizen, b an individual who is habitually resident in the United Kin
- Wales
has the same meaning as in the Government of Wales Act 2006.
- woman
means a female of any age.