SCHEDULES
C1C3C2SCHEDULE 3Border security
Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)
Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
C1PART 1Powers
Searches
I1I2C18
1
An examining officer who questions a person under paragraph 1 may—
a
search the person;
b
search anything on a ship or aircraft that the person has with them or which belongs to them;
c
search anything which the person has with them or which belongs to them and which the officer reasonably believes has been, or is about to be, on a ship or aircraft;
d
search a ship or aircraft for anything falling within paragraph (b);
e
search a vehicle which is on a ship or aircraft;
f
search a vehicle which the officer reasonably believes has been, or is about to be, on a ship or aircraft.
2
Where an examining officer questions a person in the border area under paragraph 1 the officer may (in addition to the matters specified in sub-paragraph (1))—
a
search a vehicle;
b
search anything in or on a vehicle;
c
search anything which the officer reasonably believes has been, or is about to be, in or on a vehicle.
3
The powers conferred by sub-paragraphs (1) and (2) are exercisable only for the purposes of determining whether a person is or has been engaged in hostile activity.
4
A search of a person under this paragraph—
a
must be carried out by somebody of the same sex;
b
does not extend to the carrying out of an intimate search.
5
A strip search of a person may not be carried out under this paragraph unless—
a
the person is detained under paragraph 4,
b
the examining officer has reasonable grounds to suspect that the person is concealing something which may be evidence that the person is or has been engaged in hostile activity, and
c
the search is authorised by a senior officer who has not been directly involved in the questioning of the person.
6
“Senior officer” means—
a
where the examining officer is a constable, a constable of a higher rank than the examining officer,
b
where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and
c
where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.
7
In this paragraph—
“intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth;
“strip search” means a search which is not an intimate search but involves the removal of an article of clothing which—
- a
is being worn wholly or partly on the trunk, and
- b
is being so worn either next to the skin or next to an article of underwear.
- a
Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))