The Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020

Statutory Instruments

2020 No. 795

Prevention And Suppression Of Terrorism

The Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020

Made

22nd July 2020

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by paragraph 57(3) of Schedule 3 to the Counter-Terrorism and Border Security Act 2019(1) (“the 2019 Act”), paragraph 7(3) and (4) of Schedule 14 to the Terrorism Act 2000(2) (“the 2000 Act”), and section 22(6) of the Protection of Freedoms Act 2012(3) (“the 2012 Act”).

The Secretary of State has:

(a) in accordance with paragraph 57(1)(a) of Schedule 3 to the 2019 Act published in draft a code of practice in connection with the exercise by examining officers and review officers of functions conferred on them by virtue of Schedule 3 to the 2019 Act (“the Schedule 3 Code”);

(b) in accordance with paragraph 6(4) and paragraph 7(1)(a) of Schedule 14 to the 2000 Act(4) revised and published in draft a code of practice in connection with the exercise by examining officers and review officers of functions conferred on them by virtue of Schedule 7 to the 2000 Act(5) (“the revised Schedule 7 Code”)(6);

(c) in accordance with section 22(1) of the 2012 Act proposed revisions to the guidance given about making or renewing national security determinations(7) (“the National Security Determinations Guidance”);

(d) in accordance with paragraph 57(1)(b) and (c) of Schedule 3 to the 2019 Act and paragraph 7(1)(b) and (c) of Schedule 14 to the 2000 Act considered representations made about the Schedule 3 Code and the revised Schedule 7 Code, and as thought appropriate, modified the drafts accordingly;

(e) in accordance with section 22(4) of the 2012 Act consulted with the Commissioner for the Retention and Use of Biometric Material and the Lord Advocate in the course of preparing the proposed revisions to the National Security Determinations Guidance, and

(f) in accordance with paragraph 57(2) of Schedule 3 to the 2019 Act, paragraph 7(2) of Schedule 14 to the 2000 Act and section 22(5)(a) of the 2012 Act, laid drafts of the Schedule 3 Code, the revised Schedule 7 Code and the proposed revisions to the National Security Determinations Guidance before Parliament.

A draft of this instrument has been laid before Parliament under paragraph 57(6) of Schedule 3 to the 2019 Act, section 123(4)(m) of the 2000 Act and section 22(5) of the 2012 Act and has been approved by resolution of each House of Parliament.

(1)

2019 c. 3.

(2)

2000 c. 11.

(3)

2012 c. 9.

(4)

Paragraph 6 of Schedule 14 to the Terrorism Act 2000 was amended by section 2(6) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) and by paragraph 13(a) of Schedule 5 to the Criminal Finances Act 2017 (c. 22).

(5)

A revised Schedule 7 code of practice was last brought into operation on 25th March 2015 in accordance with S.I. 2015/906.

(6)

The revised Schedule 7 code of practice applies to the exercise by examining officers of their powers under Schedule 7 to the Terrorism Act 2000 (“the 2000 Act”) (the power to stop, question, search and detain a person at a port or border area in Northern Ireland for the purposes of determining whether the person appears to be someone who is, or has been, involved in the commission, preparation or instigation of acts of terrorism). The code of practice is issued under Schedule 14 to the 2000 Act, which makes provision for codes of practice in relation to the exercise of all powers by examining officers under the 2000 Act.

(7)

The National Security Determinations Guidance was brought into force on 4th February 2014 in accordance with S.I. 2014/198.