Counter-Terrorism and Border Security Act 2019 (c. 3)

SCHEDULES

SCHEDULE 3 U.K. Border security

Modifications etc. (not altering text)

C1 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))

C2 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)

C3 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

PART 1 U.K. Powers

Searches U.K.

7 U.K. An examining officer may, for the purpose of determining whether there are any persons the officer may wish to question under paragraph 1—

(a) search a ship or aircraft;

(b) search anything on a ship or aircraft;

(c) search anything that the officer reasonably believes has been, or is about to be, on a ship or aircraft.

Commencement Information

I1 Sch. 3 para. 7 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2 Sch. 3 para. 7 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)

8 (1) An examining officer who questions a person under paragraph 1 may— U.K.

(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.

Commencement Information

I3 Sch. 3 para. 8 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I4 Sch. 3 para. 8 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)

9 (1) An examining officer may examine goods to which this paragraph applies for the purpose of determining whether they have been used in connection with a person's engagement in hostile activity. U.K.

(2) This paragraph applies to—

(a) goods which have arrived in or are about to leave Great Britain or Northern Ireland on a ship or vehicle, and

(b) goods which have arrived at or are about to leave any place in Great Britain or Northern Ireland on an aircraft (whether the place they have come from or are going to is within or outside Great Britain or Northern Ireland).

(3) The reference in sub-paragraph (2)(a) to goods which are about to leave Great Britain or Northern Ireland on a ship includes goods which—

(a) are held at premises operated by a sea cargo agent, and

(b) are to be delivered to a place in Great Britain or Northern Ireland for carriage on a ship.

(4) The reference in sub-paragraph (2)(b) to goods which are about to leave any place in Great Britain or Northern Ireland on an aircraft includes goods which—

(a) are held at premises operated by an air cargo agent, and

(b) are to be delivered to a place in Great Britain or Northern Ireland for carriage on an aircraft.

(5) An examination under this paragraph may be carried out only—

(a) at a port;

(b) at premises operated by a sea cargo agent or an air cargo agent;

(c) at a transit shed;

(d) at a designated examination location.

(6) For the purposes of determining whether to carry out an examination under this paragraph an examining officer may—

(a) board a ship or aircraft;

(b) enter premises operated by a sea cargo agent or an air cargo agent;

(c) enter a transit shed;

(d) enter a designated examination location.

(7) In this paragraph—

• “air cargo agent” has the meaning given by section 21F(1) of the Aviation Security Act 1982;

• “designated examination location” means a location designated by the Secretary of State under paragraph 9(2D) of Schedule 7 to the Terrorism Act 2000;

• “goods” includes property of any description and containers;

• “sea cargo agent” has the meaning given by section 41(1) of the Aviation and Maritime Security Act 1990;

• “transit shed” has the meaning given by section 25A of the Customs and Excise Management Act 1979.

Commencement Information

I5 Sch. 3 para. 9 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I6 Sch. 3 para. 9 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)

10 (1) An examining officer may authorise a person to carry out on the officer's behalf a search or examination under any of paragraphs 7 to 9. U.K.

(2) A person authorised under this paragraph is to be treated as an examining officer for the purposes of—

(a) paragraphs 9(6) and 11, and

(b) Part 4 of this Schedule.

Commencement Information

I7 Sch. 3 para. 10 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I8 Sch. 3 para. 10 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)