Part 9: Miscellaneous and General Chapter 1: Miscellaneous Section 160: Requirement to produce nationality document
This section forms part of the law of the United Kingdom.
	The section inserts new sections 46A to 46C into the UK Borders Act 2007, after section 46 (seizure of nationality documents).
	New section 46A allows an immigration officer or constable searching premises under section 44 or 45 of that Act to seize and retain a document which an immigration officer or constable thinks is a nationality document in relation to the arrested individual, and the person may be liable to removal from the United Kingdom. However, it is not always feasible for the authorities to search premises in every case where a foreign national is arrested for an offence.
	New section 46B enables an immigration officer or constable to obtain documents from persons not remanded in custody, and retain them where a search cannot be undertaken (or the individual is not in possession at the time of arrest). The new power will require an individual to produce a nationality document within 72 hours, where required to do so. The officer or constable must suspect that the individual may not be a British citizen before issuing a notice to the person. The notice will be given in writing and will set out the time by which the document must be produced; the person to whom it must be produced; and the means by which it is to be produced. The officer may accept alternative documentary evidence that a person is a British national if they are unable to adduce a passport to an officer within 72 hours of request.
	An offence is committed if, without reasonable excuse, the person fails to comply with the requirement (new section 46C). The wilful destruction of documents will not constitute a reasonable excuse, unless it can be demonstrate that it was done for a reasonable cause, or was beyond the control of the individual. The offence will be summary only subject to a maximum penalty (in England and Wales) of six months’ imprisonment, an unlimited fine, or both. Corresponding penalties in Scotland and Northern Ireland will apply.
	The purpose of the section is twofold. Firstly, it will help to verify any statement made on arrest by the individual - should they comply with the notice. Secondly, a document provides the means by which immigration action may be enforced, should the person be deportable or removable under immigration powers.