Borders, Citizenship and Immigration Bill [HL]

As I understand it, this amendment repeats the powers of detention that UKBA officials already have under the UK Borders Act 2007 to detain a person for as long as is reasonably necessary while a search is being carried out. HMRC officials already have this power and they can detain a person who does not agree to a search and can make an arrest if necessary. Designated UKBA officials will inherit these powers, as it were. However, the differences between their powers of arrest and search when acting in their two different capacities may well cause problems. I can see the argument for aligning the powers between the two roles and I would like to know why there is a need for designated immigration officers to act under different statutory provisions regarding detention and search according to whether they are acting in one role or the other. Will it always be clear to both the designated immigration officer and the individual being searched or detained under which set of powers they are operating? Will the person who is effecting the detention serve notice on the individual to be detained or searched under which set of powers he is acting?