This section amends sub-paragraph 2 of paragraph 2 of Schedule 3 to the Immigration Act 1971 which provides the power to detain someone who is subject to deportation action on the grounds their deportation is considered conducive to the public good. It confirms that the Home Office may detain someone liable to deportation from the point at which the Home Office serves notification that deportation is being considered.
	New Paragraph 2(2A) provides that detention under sub-paragraph (2) of paragraph 2 of Schedule 3 to the 1971 Act only applies where the person has been notified in writing that the Secretary of State is considering whether to make a deportation order against them, or that the Secretary of State has decided to make a deportation order against them.
	The section also amends section 141(7)(c)(ii) and Regulation 2 of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021. This aligns the power to capture facial images and fingerprints with the power to detain people who are subject to section 44. This means the Home Office will be able to capture their biometrics at the time they are detained.
	The section amends section 51 of the Immigration Act 2016 (search for nationality documents by detainee custody officers etc) so that the reference to the written notice which triggers a search, where the Secretary of State is considering deportation action, is aligned to the one used in the power to detain.
Part 2: Asylum and Immigration Deportation etc Section 44: Detention and exercise of functions pending deportation