The Al-Qaida (United Nations Measures) (Overseas Territories) Order 2012

Investigation, etc. of suspected aircraft

11.—(1) Where an authorised person has reason to suspect that any aircraft to which article 7 applies has been or is being or is about to be used in contravention of paragraph (1) of that article—

(a) the authorised person may (either alone or accompanied and assisted by persons under their authority) board the aircraft and search it and, for that purpose, may use, or authorise the use of reasonable force;

(b) the authorised person may request the charterer, the operator and the commander of the aircraft, or any of them, to furnish such information relating to the aircraft and its cargo and produce for their inspection such documents so relating and such cargo as the authorised person may specify; and

(c) if the aircraft is then in the Territory, any authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)) further request the charterer, the operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the Territory until notified that the aircraft and its cargo may depart.

(2) Without prejudice to the provisions of article 13(3), where an authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, they may take such steps as appear to them to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, for that purpose—

(a) may enter, or authorise entry, upon any land and upon that aircraft;

(b) may detain, or authorise the detention of, that aircraft and any of its cargo;

(c) shall seize any restricted goods; and

(d) may use, or authorise the use of, reasonable force.

(3) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of their authority.

(4) In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.