Prevention of Terrorism (Additional Powers) Act 1996

3 Searches of unaccompanied goods

(1) In Schedule 5 to the 1989 Act (port and border controls) insert, after paragraph 4—

“Powers to search goods

4A (1) For the purpose of determining whether they are or have been involved in the commission, preparation or instigation of acts of terrorism to which paragraph 2 above applies, an examining officer may search any goods which have arrived in or are about to leave Great Britain or Northern Ireland on any ship, aircraft or vehicle.

(2) An examining officer may board any ship or aircraft or enter any vehicle for the purpose of determining whether there are goods on the ship, aircraft or vehicle in respect of which he may wish to exercise his power of search.

(3) Where an examining officer has power to search under this paragraph, he may, instead, authorise a search to be carried out on his behalf by a person who is not an examining officer.

(4) Where a person who is not an examining officer is authorised to carry out a search in accordance with sub-paragraph (3) above he may—

(a) board any ship or aircraft or enter any vehicle for the purpose of determining whether there are goods on the ship, aircraft or vehicle in respect of which he may wish to exercise his power of search; and

(b) if necessary, use reasonable force for the purpose of carrying out his functions under this paragraph.

(5) In Scotland any person employed by a police authority for the assistance of constables under section 9 of the [1967 c. 77.] Police (Scotland) Act 1967 may perform any functions conferred on examining officers by this paragraph, and may, if necessary, use reasonable force for the purpose of performing those functions.

(6) Any person carrying out a search under this paragraph may, for the purpose of examining it, detain for a period not exceeding seven days anything found on the search.

(7) If, on examining anything so found, the person examining it is of the opinion that it may be needed for use as evidence in criminal proceedings he may detain it until he is satisfied that it will not be so needed.

(8) In this paragraph “goods” includes—

(a) stores,

(b) baggage,

(c) substances, whether natural or manufactured, and whether or not incorporated in or mixed with other goods, and

(d) in relation to Scotland, also all corporeal moveables,

and any transport container or other container in which goods may be placed.”

(2) In paragraph 11 of Schedule 5 to the 1989 Act (offences), after “this Schedule” insert “, or otherwise wilfully obstructs, or seeks to frustrate the object of, a search under this Schedule,”.

(3) In section 16(1) of that Act (scope of Schedule 5), after “persons” insert “or goods”.