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AI Summary of Schedule 7 Port and Border Controls

The Schedule defines an "examining officer" as a constable or an immigration or customs officer designated by the Secretary of State, and requires a code of practice covering training and designation (with consultation with relevant chief police officers). Examining officers may stop, question and detain persons at ports, in the border area (in Northern Ireland within one mile of the border and the first stopping place for cross‑border trains) and on ships or aircraft arriving in Great Britain or Northern Ireland; the power also covers certain persons detained under the Immigration Acts. Questioning seeks to determine whether a person falls within section 40(1)(b); oral answers are generally inadmissible in criminal proceedings subject to specified exceptions.

Officers may board, search and examine persons, vehicles, ships, aircraft and goods, and enter cargo premises, temporary storage facilities and designated examination locations; searches of persons must be by someone of the same sex, intimate searches are prohibited and strip searches require detention, reasonable grounds and senior authorisation. Property may be detained (normally up to seven days) or copied (by constables) while needed for examination, evidence or deportation decisions. The Secretary of State may designate ports and control areas and impose embarkation/disembarkation requirements; owners, agents and captains have duties to comply. Wilful failure, contravention or obstruction of the Schedule is a summary offence punishable by up to three months’ imprisonment and/or a level 4 fine.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 28 June 2022 - onwards
Version 14 of 14

Schedule 7 Port and Border Controls

Section 53.

Interpretation

1.

(1) In this Schedule "examining officer" means any of the following -

(a) a constable,

(b) an immigration officer who is designated for the purpose of this Schedule by the Secretary of State, and

(c) a customs officer who is designated for the purpose of this Schedule by the Secretary of State and the Commissioners of Customs and Excise.

(2) In this Schedule -

"the border area" has the meaning given by paragraph 4,

"captain" means master of a ship or commander of an aircraft,

"port" includes an airport and a hoverport,

"ship" includes a hovercraft and any floating vessel or structure, and

"vehicle" includes a train.

(3) A place shall be treated as a port for the purposes of this Schedule in relation to a person if an examining officer believes that the person -