Part 2: Access to Services Section 43: Powers to carry out searches relating to driving licences
This section amends Part 1 of Schedule 2 to the 1971 Act which contains provisions related to the entry and search of premises and the search of people.
	Subsection (2) inserts new paragraphs 25CA, 25CB and 25CC into Schedule 2 to the 1971 Act. New paragraph 25CA creates a new power for authorised officers, including immigration and police officers, to enter premises and search for a driving licence. This power can only be exercised where there are reasonable grounds for believing that a driving licence held by an illegal migrant, is on the premises. For example, an authorised officer would have reasonable grounds to believe this and, therefore, to use this power when immigration enforcement apprehends an immigration offender who tells the officers that they have a driving licence. It can also only be used to the extent reasonably required to find the licence.
	New paragraph 25CB creates a power for an authorised officer to search a person, to the extent necessary to find a licence (not including an intimate search) where there are reasonable grounds for believing that the person is not lawfully present in the UK and may have a driving licence concealed on their person. New paragraph 25CC allows a driving licence found by an authorised officer, under either of these new search powers or under existing search powers, to be seized and retained if it belongs to, or was found in the possession of, an illegal migrant. Once a licence has been seized it must be given either to the Secretary of State (in practice this will be passed to the Driver and Vehicle Licensing Agency, an executive agency of the Department for Transport), or to the Department for Infrastructure in Northern Ireland, depending upon who granted the licence. Provision is made to ensure that a driving licence is returned to the holder should the holder successfully appeal against revocation.
	Subsection (3) amends paragraph 25D of Schedule 2 to the 1971 Act so that a person cannot ask for access to, or be provided with a copy of, a seized driving licence. This ensures that a copy of the licence cannot be used as a form of identification to enable a settled life in the UK.
	Subsection (4) amends section 146(2) of the 1999 Act, to allow an authorised officer to use reasonable force when exercising the powers contained in new paragraphs 25CA, 25CB and 25CC of Schedule 2 to the 1971 Act.