OpenLegislation

Paragraph 11 I1I2C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies to any article which—

(a)

is given to an examining officer in accordance with paragraph 3(d),

(b)

is searched or found on a search under paragraph 8, or

(c)

is examined under paragraph 9.

(2)

An examining officer may retain the article—

(a)

for the purpose of examination, for a period not exceeding 7 days beginning with the day on which the retention commences,

(b)

while the officer believes that it may be needed for use as evidence in criminal proceedings,

(c)

while the officer believes that it may be needed in connection with a decision of the Secretary of State whether to make a deportation order under the Immigration Act 1971,

(d)

while the officer believes that it could be used in connection with the carrying out of a hostile act, or

(e)

while the officer believes it necessary to do so for the purpose of preventing death or significant injury.

Annotations

Modifications

C1

Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

Commencement

I1

Sch. 3 para. 11 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2

Sch. 3 para. 11 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)

Notes on Schedule 3

Modifications

C2

Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C3

Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6