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)
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)—U.K.
(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)
[F1(e)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.
[F2(4)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—
is being worn wholly or partly on the trunk, and
is being so worn either next to the skin or next to an article of underwear.]
Textual Amendments
F1Sch. 7 para. 8(1)(e)(f) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 29; S.I. 2006/1013, art. 2
F2Sch. 7 para. 8(4)-(7) inserted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 3 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)