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
8
1
An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether he falls within section 40(1)(b)—
a
search the person;
b
search anything which he has with him, or which belongs to him, and which is on a ship or aircraft;
c
search anything which he has with him, or which belongs to him, and which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft;
d
search a ship or aircraft for anything falling within paragraph (b)
F1e
search a vehicle which is on a ship or aircraft;
f
search a vehicle which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft.
2
Where an examining officer questions a person in the border area under paragraph 2 he may (in addition to the matters specified in sub-paragraph (1)), for the purpose of determining whether the person falls within section 40(1)(b)—
a
search a vehicle;
b
search anything in or on a vehicle;
c
search anything which he reasonably believes has been, or is about to be, in or on a vehicle.
3
A search of a person under this paragraph must be carried out by someone of the same sex.
F24
An intimate search of a person may not be carried out under this paragraph.
5
A strip search of a person may not be carried out under this paragraph unless—
a
the person is detained under paragraph 6,
b
the examining officer has reasonable grounds to suspect that the person is concealing something which may be evidence that the person falls within section 40(1)(b), and
c
the search is authorised by a senior officer who has not been directly involved in questioning the person.
6
“Senior officer” means—
a
where the examining officer is a constable, a constable of a higher rank than the examining officer,
b
where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and
c
where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.
7
In this paragraph—
“intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth;
“strip search” means a search which is not an intimate search but involves the removal of an article of clothing which—
- a
is being worn wholly or partly on the trunk, and
- b
is being so worn either next to the skin or next to an article of underwear.
- a
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))