The Port Security Regulations 2009

PART 5 U.K. Controlled buildings and restricted areas

Entering a controlled building U.K.

24.—(1) A person must not enter a controlled building except with the permission of a relevant person, and in accordance with any conditions imposed with that permission.

(2) A person must not remain in a controlled building after being instructed to leave by a relevant person.

(3) A relevant person may use such force as is reasonable in the circumstances to remove a person who by remaining in a controlled building is in contravention of paragraph (2).

(4) For the purposes of this regulation “a relevant person” means—

(a) a constable,

(b) the port security officer,

(c) the port facility security officer, if the controlled building is situated in a port facility,

(d) the directed party, if the controlled building is situated in an AMSA facility,

(e) the security manager, if the controlled building is situated in a port related area,

or a person acting on behalf of that port security officer, port facility security officer, directed party or security manager.

Searching people or property entering or in a restricted area or controlled building U.K.

25.—(1) A relevant person may search any person attempting to enter a controlled building or restricted area, or any baggage, cargo, vehicle, vessel or other moveable property of any description which is entering or about to enter a controlled building or restricted area.

(2) Neither a person who refuses to submit to such a search nor that person's baggage, cargo, vehicle, vessel or other moveable property, may enter a restricted area or controlled building.

(3) A relevant person who has reasonable cause to suspect that a prohibited article is in, or may be brought into, a controlled building or restricted area, may, without a warrant, search any part of—

(a) the controlled building or any baggage, cargo, vehicle, vessel or other moveable property of any description which, or any person who, is for the time being in any part of the controlled building; and

(b) the restricted area, or any baggage, cargo, vehicle, vessel or other moveable property of any description which, or any person who, is for the time being in any part of the restricted area.

(4) For the purpose of paragraph (3) a relevant person may stop any person, baggage, cargo, vehicle, vessel or other moveable property of any description and detain it or that person for so long as may be necessary for that purpose.

(5) For the purpose of paragraph (3) a relevant person may enter any controlled building or any building or works in the restricted area or enter upon any land in the restricted area, if need be by force.

(6) If, in the course of a search carried out under this regulation, a prohibited article is found on a person (“A”), and a relevant person has reasonable cause to suspect that A does not have lawful authority or reasonable excuse to have that article in a controlled building or restricted area, a relevant person may—

(a) detain A, and

(b) confiscate the prohibited article,

for so long as may be necessary except that if detention is by a relevant person other than a constable, the police must be contacted as soon as reasonably practicable and the relevant person can then continue to detain A only if the police have indicated that they will attend and only until the police arrive.

(7) Subject to paragraph (8), searches undertaken under this regulation must be carried out in public and may not require a person to remove clothing other than an outer coat or jacket and any gloves and hats.

(8) Where—

(a) a person so requests, or

(b) it is necessary to require the removal of more than an outer coat or jacket and any gloves or hat in order to establish whether a prohibited article is being carried by a person,

the search must be undertaken in private and in the presence of two or more relevant persons who must be the same sex as the person being searched.

(9) In this regulation “relevant person” means—

(a) a constable,

(b) an officer of the UK Border Agency, an executive agency of the Home Office,

(c) the port security officer for the port concerned,

(d) the port facility security officer, if the controlled building or restricted area is situated in a port facility,

(e) the directed party, if the controlled building or restricted area is situated in an AMSA facility, or

(f) the security manager, if the controlled building or restricted area is situated in a port related area,

or a person acting on behalf of that port security officer, port facility security officer, directed party or security manager.