Section 238 Ports and border security: retention and copying of articlesI1

United Kingdom Not yet in force

(1)

Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.

(2)

In paragraph 11—

(a)

in sub-paragraph (2)(a), for “a period not exceeding” substitute “the period of”;

(b)

after sub-paragraph (2) insert—

“(3)

Where an article is detained by virtue of paragraph (a) of sub-paragraph (2), a senior officer may extend the period mentioned in that paragraph by up to 7 days.

(4)

A senior officer may only exercise the power conferred by sub-paragraph (3) if the senior officer has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken.

(5)

In sub-paragraphs (3) and (4) “senior officer” means—

(a)

where the examining officer who detained the article is a constable, a constable of a higher rank than the examining officer,

(b)

where the examining officer who detained the article is an immigration officer, an immigration officer of a higher grade than the examining officer, and

(c)

where the examining officer who detained the article is a customs officer, a customs officer of a higher grade than the examining officer.”

(3)

In paragraph 11A, after sub-paragraph (3) insert—

“(4)

An examining officer may authorise another person to exercise the power conferred by sub-paragraph (2) on their behalf.”

(4)

Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security) is amended as follows.

(5)

In paragraph 11—

(a)

in sub-paragraph (2)(a), for “a period not exceeding” substitute “the period of”;

(b)

after sub-paragraph (2) insert—

“(3)

Where an article is retained by virtue of paragraph (a) of sub-paragraph (2), a senior officer may extend the period mentioned in that paragraph by up to 7 days.

(4)

A senior officer may exercise the power conferred by sub-paragraph (3) only if the senior officer has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken.

(5)

In sub-paragraphs (3) and (4) “senior officer” means—

(a)

where the examining officer who retained the article is a constable, a constable of a higher rank than the examining officer,

(b)

where the examining officer who retained the article is an immigration officer, an immigration officer of a higher grade than the examining officer, and

(c)

where the examining officer who retained the article is a customs officer, a customs officer of a higher grade than the examining officer.”

(6)

In paragraph 12(6), for “the person from whom it was taken” substitute

“—

(a)

the person from whom it was taken, or

(b)

where the Commissioner considers that there is another person to whom it would be more appropriate to return the article, that person.”

(7)

In paragraph 16(6)(b), for “the person from whom it was taken,” substitute

“—

(i)

the person from whom it was taken, or

(ii)

where the Commissioner considers that there is another person to whom it would be more appropriate to return the article, that person,”.

(8)

In paragraph 17, after sub-paragraph (3) insert—

“(4)

An examining officer may authorise another person to exercise the power conferred by sub-paragraph (2) on their behalf.

(5)

A person authorised under sub-paragraph (4) is to be treated as an examining officer for the purposes of Part 4 of this Schedule.”

(9)

In paragraph 19(3)(a), omit “where the examining officer is a constable,”.

(10)

In paragraph 20(8), in the definition of “senior officer”—

(a)

in paragraph (a), omit “where the examining officer is a constable,”;

(b)

omit paragraphs (b) and (c).

Annotations

Commencement

I1: S. 238 not in force at Royal Assent, see s. 255(1)