Commentary on provisions of the Act Section 15 and Schedule 2: Electronic devices etc
This section introduces Schedule 2 to the Act which confers powers to search for, seize and retain things on which relevant information is stored in electronic form, and to access, copy and use that information.
	Paragraph 1 of Schedule 2 sets out that where "relevant person" is used throughout the Schedule, this refers to a person who is liable to be detained under paragraph 16(2C) of Schedule 2 to the 1971 Act and who entered or arrived in the UK as mentioned in section 2(2) of this Act on or after this schedule comes into force.
	Paragraph 2 defines "appropriate adult", "container", "intimate search", "item subject to legal privilege", "local authority", "registered social worker", "relevant article", "relevant authority", "relevant function", "relevant information", "ship", "vehicle" and "voluntary organisation" for the purpose of the Schedule.
	Paragraph 3 provides powers for an immigration officer to search a relevant person and explains the types of search that are authorised. Sub-paragraph (3) sets out a number of safeguards required where a search under sub-paragraph (2)(c), in which the officer may require the person to remove any clothing, is carried out.
	Paragraphs 4 to 6 provide powers for an immigration officer to search, in certain circumstances, vehicles or containers, premises, and personal property, and sets out what those circumstances are.
	Paragraph 7 provides powers for immigration officers to seize any relevant article which has been found on a search under Schedule 2 or which appears to the officer to be, or have been, in the possession of a relevant person. This power is not intended to enable immigration officers to seize legally privileged information.
	Paragraph 8 provides that an immigration officer or the Secretary of State may retain an article seized under Schedule 2 for as long as they consider it necessary for a purpose relating to any function of an immigration officer or a function of the Secretary of State in relation to immigration, asylum or nationality. When it is no longer considered necessary to retain it, the article must be returned. Sub-paragraph (2) provides a power to make regulations (subject to the negative procedure) setting out circumstances in which a relevant article will not need to be returned. This is necessary to ensure that, for example, where evidence of non-immigration related criminal offending is found, this can be passed on to the police or other appropriate law enforcement agency.
	Paragraph 9(a) provides a power for an immigration officer or the Secretary of State to access and examine any information stored on a relevant article that is retained under paragraph (8). Where relevant information is found, paragraph 9(b) provides a power to copy and retain that information. Paragraph 9(c) provides a power to use any information retained under paragraph 9(b) for any purpose relating to a relevant function.
	Paragraph 10 provides that the Secretary of State may by regulations (subject to the draft affirmative procedure) make provision about articles that contain or may contain legally privileged information, including for them to be seized.
	Paragraph 11 provides that the Secretary of State may by regulations (subject to the negative procedure) make provision for the powers available to immigration officers in Schedule 2 to be available to other people, including persons designated by the Secretary of State, such as contractors.