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 8 U.K. Interpretation

64 (1) This paragraph applies for the purposes of this Schedule. U.K.

(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.

Commencement Information

I1 Sch. 3 para. 64 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2 Sch. 3 para. 64 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)