Modifications etc. (not altering text)
C1Sch. 7 modified (19.2.2001) by S.I. 1993/1813, Sch. 4 para. 3 (as substituted by S.I. 2001/178, art. 4)
C2Schs. 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))
2(1)An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).U.K.
(2)This paragraph applies to a person if—
(a)he 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 area is connected with his entering or leaving Great Britain or Northern Ireland [F1or his travelling by air within Great Britain or within Northern Ireland].
(3)This paragraph also applies to a person on a ship or aircraft which has arrived [F2at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland).]
(4)An examining officer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b).
Textual Amendments
F1Words in Sch. 7 para. 2(2)(b) inserted (14.12.2001) by 2001 c. 24, s. 118(2)
F2Words in Sch. 7 para. 2(3) substituted (14.12.2001) by 2001 c. 24, s. 118(3)
3U.K.An examining officer may question a person who is in the border area for the purpose of determining whether his presence in the area is connected with his entering or leaving Northern Ireland.
4(1)A place in Northern Ireland is within the border area for the purposes of paragraphs 2 and 3 if it is no more than one mile from the border between Northern Ireland and the Republic of Ireland.U.K.
(2)If a train goes from the Republic of Ireland to Northern Ireland, the first place in Northern Ireland at which it stops for the purpose of allowing passengers to leave is within the border area for the purposes of paragraphs 2 and 3.
5U.K.A person who is questioned under paragraph 2 or 3 must—
(a)give the examining officer any information in his possession which the officer requests;
(b)give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;
(c)declare whether he has with him documents of a kind specified by the examining officer;
(d)give the examining officer on request any document which he has with him and which is of a kind specified by the officer.
6(1)For the purposes of exercising a power under paragraph 2 or 3 an examining officer may—U.K.
(a)stop a person or vehicle;
(b)detain a person.
(2)For the purpose of detaining a person under this paragraph, an examining officer may authorise the person’s removal from a ship, aircraft or vehicle.
(3)Where a person is detained under this paragraph the provisions of Part I of Schedule 8 (treatment) shall apply.
(4)A person detained under this paragraph shall (unless detained under any other power) be released not later than the end of the period of nine hours beginning with the time when his examination begins.