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
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).
F42A
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 F5temporary 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.
F23
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
F7“temporary storage facility” has the meaning given by section 25A of the Customs and Excise Management Act 1979.
F64
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 F3temporary storage facility;
e
enter a designated examination location.
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))