Modifications etc. (not altering text)
C1Sch. 7 modified (19.2.2001) by S.I. 1993/1813, Sch. 4 para. 3 (as substituted by S.I. 2001/178, art. 4)
C2Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(i))
2(1)An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).U.K.
(2)This paragraph applies to a person if—
(a)he is at a port or in the border area, and
(b)the examining officer believes that the person’s presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland [F1or his travelling by air within Great Britain or within Northern Ireland].
(3)This paragraph also applies to a person on a ship or aircraft which has arrived [F2at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland).]
(4)An examining officer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b).
Textual Amendments
F1Words in Sch. 7 para. 2(2)(b) inserted (14.12.2001) by 2001 c. 24, s. 118(2)
F2Words in Sch. 7 para. 2(3) substituted (14.12.2001) by 2001 c. 24, s. 118(3)
3U.K.An examining officer may question a person who is in the border area for the purpose of determining whether his presence in the area is connected with his entering or leaving Northern Ireland.
4(1)A place in Northern Ireland is within the border area for the purposes of paragraphs 2 and 3 if it is no more than one mile from the border between Northern Ireland and the Republic of Ireland.U.K.
(2)If a train goes from the Republic of Ireland to Northern Ireland, the first place in Northern Ireland at which it stops for the purpose of allowing passengers to leave is within the border area for the purposes of paragraphs 2 and 3.
5U.K.A person who is questioned under paragraph 2 or 3 must—
(a)give the examining officer any information in his possession which the officer requests;
(b)give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;
(c)declare whether he has with him documents of a kind specified by the examining officer;
(d)give the examining officer on request any document which he has with him and which is of a kind specified by the officer.
6(1)For the purposes of exercising a power under paragraph 2 or 3 an examining officer may—U.K.
(a)stop a person or vehicle;
(b)detain a person.
(2)For the purpose of detaining a person under this paragraph, an examining officer may authorise the person’s removal from a ship, aircraft or vehicle.
(3)Where a person is detained under this paragraph the provisions of [F3Parts 1 and 1A] of Schedule 8 (treatment [F4and review of detention] ) shall apply.
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Words in Sch. 7 para. 6(3) substituted (1.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 7(2)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 4
F4Words in Sch. 7 para. 6(3) inserted (1.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 7(2)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 4
F5Sch. 7 para. 6(4) repealed (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 2(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
[F66A(1)This paragraph applies where a person is questioned under paragraph 2 or 3.U.K.
(2)After the end of the 1 hour period, the person may not be questioned under either of those paragraphs unless the person is detained under paragraph 6.
(3)If the person is detained under paragraph 6 the person must be released not later than the end of the 6 hour period (unless detained under another power).
(4)In this paragraph—
“the 1 hour period” is the period of 1 hour beginning with the time the person is first questioned under paragraph 2 or 3;
“the 6 hour period” is the period of 6 hours beginning with that time.]
Textual Amendments
F6Sch. 7 para. 6A inserted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 2(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)