Search Legislation

Counter-Terrorism and Border Security Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 1

 Help about opening options

Alternative versions:

Status:

Point in time view as at 13/08/2020.

Changes to legislation:

There are currently no known outstanding effects for the Counter-Terrorism and Border Security Act 2019, Paragraph 1. Help about Changes to Legislation

This section has no associated Explanatory Notes

1(1)An examining officer may question a person for the purpose of determining whether the person appears to be a person who is, or has been, engaged in hostile activity if condition 1 or condition 2 is met.U.K.

(2)Condition 1 is met if—

(a)the person 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 border area is connected with the person's—

(i)entry into, or departure from, Great Britain or Northern Ireland, or

(ii)travel by air within Great Britain or Northern Ireland.

(3)Condition 2 is met if the person is on a ship or aircraft which has arrived at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland).

(4)An examining officer may exercise the powers under this paragraph whether or not there are grounds for suspecting that a person is or has been engaged in hostile activity.

(5)A person is or has been engaged in hostile activity for the purposes of this Schedule if the person is or has been concerned in the commission, preparation or instigation of a hostile act that is or may be—

(a)carried out for, or on behalf of, a State other than the United Kingdom, or

(b)otherwise in the interests of a State other than the United Kingdom.

(6)An act is a “hostile act” if it—

(a)threatens national security,

(b)threatens the economic well-being of the United Kingdom in a way relevant to the interests of national security, or

(c)is an act of serious crime.

(7)For the purposes of this paragraph—

(a)it is immaterial—

(i)whether a person is aware that activity in which they are or have been engaged is hostile activity, or

(ii)whether a State for or on behalf of which, or in the interests of which, a hostile act is carried out has instigated, sanctioned, or is otherwise aware of, the carrying out of the act;

(b)State” includes the government of a State and any organ of its government;

(c)references to a State other than the United Kingdom include references to any territory outside the United Kingdom;

(d)the reference to serious crime is to crime where—

(i)the offence, or one of the offences, which is or would be constituted by the conduct concerned is an offence for which a person who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of 3 years or more, or

(ii)the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.

Modifications etc. (not altering text)

C1Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

Commencement Information

I1Sch. 3 para. 1 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2Sch. 3 para. 1 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?