SCHEDULES
C4C3C2C1 SCHEDULE 7 Port and Border Controls
Sch. 7 modified by S.I. 1993/1813, Sch. 4 para. 3 (as substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 21(1) (with Sch. 4 para. 21(2)); S.I. 2020/792, reg. 2(i); (as amended (30.9.2020) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(2), 5(6)(a))
Sch. 7 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
Sch. 7 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)
Searches
7
For the purpose of satisfying himself whether there are any persons whom he may wish to question under paragraph 2 an examining officer may—
a
search a ship or aircraft;
b
search anything on a ship or aircraft;
c
search anything which he reasonably believes has been, or is about to be, on a ship or aircraft.
8
1
An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether he falls within section 40(1)(b)—
a
search the person;
b
search anything which he has with him, or which belongs to him, and which is on a ship or aircraft;
c
search anything which he has with him, or which belongs to him, and which the examining 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)
F2e
search a vehicle which is on a ship or aircraft;
f
search a vehicle which the examining 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 2 he may (in addition to the matters specified in sub-paragraph (1)), for the purpose of determining whether the person falls within section 40(1)(b)—
a
search a vehicle;
b
search anything in or on a vehicle;
c
search anything which he reasonably believes has been, or is about to be, in or on a vehicle.
3
A search of a person under this paragraph must be carried out by someone of the same sex.
F94
An intimate search of a person may not be carried out under this paragraph.
5
A strip search of a person may not be carried out under this paragraph unless—
a
the person is detained under paragraph 6,
b
the examining officer has reasonable grounds to suspect that the person is concealing something which may be evidence that the person falls within section 40(1)(b), and
c
the search is authorised by a senior officer who has not been directly involved in questioning 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
9
1
An examining officer may examine goods to which this paragraph applies for the purpose of determining whether they have been used in the commission, preparation or instigation of acts of terrorism.
F12
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).
F52A
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.
2B
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.
2C
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 F6temporary storage facility;
d
at a location designated by the Secretary of State under sub-paragraph (2D) (a “designated examination location”).
2D
The Secretary of State may designate a location for the purposes of sub-paragraph (2C)(d) only if the Secretary of State reasonably believes that it is necessary to designate that location in order for examining officers to be able to exercise their functions under this paragraph.
2E
The Secretary of State must maintain and publish a list of designated examination locations.
F33
In this paragraph—
a
“air cargo agent” has the meaning given by section 21F(1) of the Aviation Security Act 1982;
b
“goods” includes property of any description, and containers;
c
“sea cargo agent” has the meaning given by section 41(1) of the Aviation and Maritime Security Act 1990;
d
F8“temporary storage facility” has the meaning given by section 25A of the Customs and Excise Management Act 1979.
F74
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 a vehicle;
c
enter premises operated by a sea cargo agent or an air cargo agent;
d
enter a F4temporary storage facility;
e
enter a designated examination location.
10
1
An examining officer may authorise a person to carry out on his behalf a search or examination under any of paragraphs 7 to 9.
2
A person authorised under this paragraph shall be treated as an examining officer for the purposes of—
a
paragraphs 9(4) and 11 of this Schedule, and
b
paragraphs 2 and 3 of Schedule 14.
Schs. 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))