SCHEDULES
C1C3C2SCHEDULE 3Border security
Sch. 3 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)
Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
C1PART 8Interpretation
I1I2C164
1
This paragraph applies for the purposes of this Schedule.
2
References to engagement in hostile activity are to be read in accordance with paragraph 1(5); and references to a “hostile act” are to be read in accordance with paragraph 1(6).
3
“Examining officer” means—
a
a constable,
b
an immigration officer who is designated as an examining officer for the purposes of Schedule 7 to the Terrorism Act 2000 (see paragraph 1(1)(b) of that Schedule), and
c
a customs officer who is designated for the purposes of that Schedule (see paragraph 1(1)(c) of that Schedule).
4
The following terms have the meaning given—
“act” includes omission;
“article” includes a substance and any other thing;
“customs officer” means an officer of Revenue and Customs;
“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
“the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);
“port” includes an airport and a hoverport;
“property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property;
“ship” includes a hovercraft;
“vehicle” includes a train.
5
A place is to be treated as a port in relation to a person if an examining officer believes the person—
a
has gone there for the purpose of embarking on a ship or aircraft, or
b
has arrived there on disembarking from a ship or aircraft.
6
A place is within the “border area” if it is in Northern Ireland and—
a
it is no more than one mile from the border between Northern Ireland and the Republic of Ireland, or
b
it is the first place at which a train travelling from the Republic of Ireland stops for the purposes of allowing passengers to leave.
7
References to crime include references to any conduct which—
a
constitutes one or more criminal offences, or
b
is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences.
8
References to an enactment include references to—
a
an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978,
b
an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and
c
an enactment comprised in, or in an instrument made under, Northern Ireland legislation.
9
References to serious crime are to be read in accordance with paragraph 1(7)(d).
10
References to a part of the United Kingdom are references to—
a
England and Wales,
b
Scotland, or
c
Northern Ireland.
Sch. 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))