Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

4 (1) An examining officer may, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 above, search any ship, [F1 or aircraft]and anything on board it or anything taken off or about to be taken aboard a ship, [F1 or aircraft].

(2) An examining officer who examines any person under paragraph 2 above may, for the purpose of determining whether he is such a person as is mentioned in any of paragraphs (a) to (c) of sub-paragraph (1) of that paragraph, search that person and any baggage belonging to him or any ship [F1 or aircraft]and anything on board it or anything taken off or about to be taken aboard a ship [F1 or aircraft].

(3) Without prejudice to sub-paragraphs (1) and (2) above, an examining officer who examines any person in Northern Ireland under paragraph 2 above may, for the purpose mentioned in sub-paragraph (2) above, search any vehicle and anything in or on it or anything taken out of or off it or about to be placed in or on it.

(4) An examining officer may detain for the purpose of examining it anything produced pursuant to paragraph 3(2)(b) above or found on a search under this paragraph for a period not exceeding seven days; and if on examination of anything so produced or found the examining officer is of the opinion that it may be needed—

(a) in connection with the taking of a decision by the Secretary of State as to whether or not to make an exclusion order or a deportation order under the M1 Immigration Act 1971; or

(b) for use as evidence in criminal proceedings,

he may detain it until he is satisfied that it will not be so needed.

(5) A search of a person under this paragraph may only be carried out by a person of the same sex.

(6) An examining officer may board any ship or aircraft or enter any vehicle for the purpose of exercising any of his functions under this Act.

(7) Where an examining officer has power to search under this paragraph, he may, instead, authorise the search to be carried out on his behalf by a person who is not an examining officer.

(8) Where a person who is not an examining officer carries out a search in accordance with sub-paragraph (7) above, he may—

(a) for that purpose, board any ship or aircraft or enter any vehicle; and

(b) exercise the power of detaining articles conferred by sub-paragraph (4) above;

and he may, if necessary, use reasonable force for the purpose of carrying out his functions under this paragraph.

(9) In Scotland any person employed by a police authority for the assistance of constables under section 9 of the M2 Police (Scotland) Act 1967 may perform any functions conferred on examining officers by this paragraph, and may, if necessary, use reasonable force for the purpose of performing those functions.

Textual Amendments

F1 Words in Sch. 5 para. 4(1)(2) substituted by S.I. 1990/2227, art. 4, Sch. 2, para. 3 substituted (2.8.1993) by S.I. 1993/1813, art. 8(1), Sch. 5, para.3 (Foriegn Office Library)

Marginal Citations

M1 1971 c. 77.

M2 1967 c. 77.