Commentary Part 3: Immigration Section 52: Extension of sections 1 to 4 of the UK Borders Act 2007 to Scotland
198.Section 52(1) extends the permissive detention power in section 2 of the UKBA 2007 to designated immigration officers in Scotland. The provision will enable an immigration officer designated under section 1 of the UKBA 2007 to detain, at a port in Scotland, an individual whom the immigration officer thinks is subject to a warrant for arrest. Detention may be for up to three hours pending the arrival of a constable. Section 4 of the UKBA 2007 contains an interpretative provision on the meaning of “port”.
199.There are related offences in section 3 of the UKBA 2007 where, for example, a person absconds from detention under section 1 of that Act. Subsection (2) of the section makes provision for the sentences for those offences in Scotland.
200.Subsection (3) amends section 60 of the UKBA 2007 to reflect the fact that sections 1 to 4 are to extend to Scotland