Section 26 — Powers to access, copy and use information stored on relevant articles
Extent: E+W+S+N.I.
This version in force from 2026-01-05
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) An authorised officer or the Secretary of State may—
(a) access and examine any information stored on a relevant article that is retained under section 24(9)(a);
(b) copy and retain any information stored on the relevant article that relates, or may relate, to the commission (whether in the past or future) of an offence under section 25 or 25A of the Immigration Act 1971;
(c) use any information retained under paragraph (b) for a purpose relating to the prevention, detection, investigation or prosecution of such an offence.
(2) A constable may access, examine, copy, retain or use information under subsection (1) only if the accessing, examination, copying, retention or use of the information is authorised by a police officer of at least the rank of inspector.
(3) If an inspector gives an authorisation under subsection (2), the inspector must, as soon as it is practicable to do so, cause an officer of at least the rank of superintendent to be informed.
(4) An NCA officer may access, examine, copy, retain or use information under subsection (1) only if the accessing, examination, copying, retention or use of the information is authorised by an NCA officer of a grade that is equivalent to the rank of inspector or above.
(5) If an NCA officer gives an authorisation under subsection (4), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer of a grade that is equivalent to the rank of superintendent or above to be informed.