Modifications etc. (not altering text)
C1Schs. 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))
C2Sch. 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))
C3Sch. 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
C4Sch. 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)
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).]
[F3(3A)This paragraph also applies to a person if—
(a)the person is—
(i)being detained under a provision of the Immigration Acts, or
(ii)in custody having been arrested under paragraph 17(1) of Schedule 2 to the Immigration Act 1971,
(b)the period of 5 days beginning with the day after the day on which the person was apprehended has not yet expired, and
(c)the examining officer believes that—
(i)the person arrived in the United Kingdom by sea from a place outside the United Kingdom, and
(ii)the person was apprehended within 24 hours of the person’s arrival on land.
(3B)For the purposes of sub-paragraph (3A)(b) and (c), a person is “apprehended”—
(a)in a case within sub-paragraph (3A)(a)(i) where the person is arrested (and not released) before being detained as mentioned in that provision, when the person is arrested;
(b)in any other case within sub-paragraph (3A)(a)(i), when the person is first detained as mentioned in that provision;
(c)in a case within sub-paragraph (3A)(a)(ii), when the person is arrested as mentioned in that provision.]
(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)
F3Sch. 7 para. 2(3A)(3B) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 78(3), 87(5)(i)