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21.—(1) This regulation sets out additional enforcement powers in respect of red list arrivals.
(2) Where an authorised person has reasonable grounds to believe that P is a red list arrival and that P has committed an offence under regulation 23(1)(a) or 23(4), the authorised person may—
(a)require P to produce their passport or travel document for examination,
(b)detain P for up to three hours,
(c)search P and any baggage belonging to P or under P’s control, or any vehicle in which P has travelled, for evidence, other than items subject to legal privilege, that relates to the possible commission of an offence under regulation 23(4),
(d)seize and retain any document or article recovered by a search under sub-paragraph (c).
(3) Paragraph (2) does not confer a power to detain or search an unaccompanied child.
(4) Any search under paragraph (2) must be conducted by an authorised person of the same gender as P.
(5) Paragraph (2) does not confer a power to conduct an intimate search.
(6) This regulation does not apply where P is a diplomat within the meaning of Schedule 4.
(7) An authorised person exercising the power in this regulation may use reasonable force, if necessary, in the exercise of the power.
(8) An authorised person may only exercise a power in this regulation if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with the managed isolation provisions.
(9) For the purposes of this regulation, “authorised person” means—
(a)a constable, or
(b)an immigration officer.
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