SCHEDULES

SCHEDULE 3Border security

PART 8Interpretation

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1

This paragraph applies for the purposes of this Schedule.

2

References to engagement in hostile activity are to be read in accordance with paragraph 1(5); and references to a “hostile act” are to be read in accordance with paragraph 1(6).

3

“Examining officer” means—

a

a constable,

b

an immigration officer who is designated as an examining officer for the purposes of Schedule 7 to the Terrorism Act 2000 (see paragraph 1(1)(b) of that Schedule), and

c

a customs officer who is designated for the purposes of that Schedule (see paragraph 1(1)(c) of that Schedule).

4

The following terms have the meaning given—

  • “act” includes omission;

  • “article” includes a substance and any other thing;

  • “customs officer” means an officer of Revenue and Customs;

  • “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

  • “the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);

  • “port” includes an airport and a hoverport;

  • “property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property;

  • “ship” includes a hovercraft;

  • “vehicle” includes a train.

5

A place is to be treated as a port in relation to a person if an examining officer believes the person—

a

has gone there for the purpose of embarking on a ship or aircraft, or

b

has arrived there on disembarking from a ship or aircraft.

6

A place is within the “border area” if it is in Northern Ireland and—

a

it is no more than one mile from the border between Northern Ireland and the Republic of Ireland, or

b

it is the first place at which a train travelling from the Republic of Ireland stops for the purposes of allowing passengers to leave.

7

References to crime include references to any conduct which—

a

constitutes one or more criminal offences, or

b

is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences.

8

References to an enactment include references to—

a

an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978,

b

an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

c

an enactment comprised in, or in an instrument made under, Northern Ireland legislation.

9

References to serious crime are to be read in accordance with paragraph 1(7)(d).

10

References to a part of the United Kingdom are references to—

a

England and Wales,

b

Scotland, or

c

Northern Ireland.