EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision to give Her Majesty’s Inspectors of Constabulary and, in Scotland, the Scottish inspectors, oversight of premises used to detain people for customs purposes, and of transportation of the persons to and from these premises.

Regulation 3 gives Her Majesty’s Inspectors of Constabulary the power to inspect and report on the efficiency and effectiveness of the exercise of the specified functions by customs officials or contractors, where that conduct takes place at one or more of the places used for customs detention which is listed in the Schedule, or whilst transporting a person to or from those premises in England and Wales. Regulation 4 confers similar powers on Her Majesty’s Inspectors of Constabulary and the Scottish inspectors jointly in relation to premises and during transportation in Scotland.

Regulation 5 provides that the Secretary of State may require an inspection to be carried out. Regulation 6 enables Her Majesty’s Inspectors of Constabulary to delegate any of their functions under the Regulations to another public authority. Regulation 7 and 8 make provision regarding access to information and premises in respect of Her Majesty’s Inspectors of Constabulary. Regulation 9 makes provision for the preparation and publication of inspection reports and for an annual report to be laid before Parliament.

Regulation 10 requires the chief inspector of Her Majesty’s Inspectors of Constabulary to include proposed inspections within any inspection programme or framework prepared under paragraph 2(1) of Schedule 4A to the Police Act 1996.

Regulation 11 makes provision in respect of co-operation by Her Majesty’s Inspectors of Constabulary with other bodies.

Regulation 12 makes provision in respect of payment to Her Majesty’s Inspectors of Constabulary and the Scottish inspectors.