# The Counter-Terrorism and Border Security Act 2019 (Commencement No. 1) Regulations 2020, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations bring into force most of the remaining provisions of the Counter-Terrorism and Border Security Act 2019 (c. 3) (“the Act”) which were not brought into force by sections 27(1) and 27(3) of the Act. These are the first commencement regulations made under the Act.
The Regulations bring into force the provisions of the Act which relate to port and border control powers, powers relating to the retention of biometric data for counter-terrorism purposes etc and minor and consequential amendments to other legislation as a result of these provisions.
Regulation 2(a) to (c) brings into force provisions of the Act which amend section 41 of, and Schedules 7 and 8 to, the Terrorism Act 2000 (“the 2000 Act”), which contain powers for examining officers to stop, question, search and detain a person at UK ports and the Northern Ireland border area for the purpose of determining whether the person appears to be a person who is, or has been, concerned in the commission, preparation or instigation of acts of terrorism. These amendments include the introduction of a statutory bar on the use in criminal proceedings of answers given in response to questions put under Schedule 7 and provisions for pausing the detention clock applicable to detainees under Schedule 7 whilst the person detained receives hospital treatment.
Regulation 2(d) and (e) brings into force amendments to a number of enactments which contain powers to retain biometric data where authorised under a “national security determination”, which includes increasing the maximum duration of retention under such a determination from 2 to 5 years. The provisions brought into force amend legislation in England and Wales and Scotland only. The provisions which relate to these powers in Northern Ireland have not yet been commenced because the underlying enactments have not yet been commenced in Northern Ireland.
Regulation 2(f) and (g) brings into force Schedule 3 to the Act which contains powers for examining and review officers to stop, question, search and detain a person at UK ports and the Northern Ireland border area for the purpose of determining whether the person appears to be a person who is, or has been, engaged in hostile activity. Paragraphs 44 and 45 of Schedule 3 (which relate to the retention of biometric material taken under Schedule 3) are not brought into force in relation to Northern Ireland, however, as the powers within those provisions rely on legislation in Northern Ireland which has not yet been commenced.
Regulation 2(h) and (i) brings into force minor and consequential amendments and transitional provisions as necessitated by the provisions as set out above (other than paragraph 20(9) of Schedule 4, which pertains to provisions of Northern Ireland legislation which have not yet been commenced).

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Source: https://www.legislation.gov.uk/uksi/2020/792/note (the official version)
Page: https://openlegislation.uk/counter-terrorism-and-border-security-act-2019-commencement-no-1-regulations-2020/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.