SCHEDULES

C4C3C2C1 SCHEDULE 7 Port and Border Controls

Annotations:
Modifications etc. (not altering text)
C2

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

C1

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

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)

F1e

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.

F24

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—

    1. a

      is being worn wholly or partly on the trunk, and

    2. b

      is being so worn either next to the skin or next to an article of underwear.