Explanatory note

Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (c. 3) (“the 2019 Act”) 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. Regulation 2 brings into operation a code of practice for examining and review officers under Schedule 3 to the 2019 Act. Officers must perform the functions conferred by virtue of Schedule 3 in accordance with the code of practice.

The 2019 Act also makes amendments to Schedule 7 to the Terrorism Act 2000 (c. 11) (“the 2000 Act”) which contains 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. Regulation 3 brings into operation a revised code of practice for examining officers under Schedule 7 to the 2000 Act, reflecting the amendments made by the 2019 Act to the 2000 Act. 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. Officers must perform the functions conferred by virtue of Schedule 7 to the 2000 Act in accordance with the revised code of practice.

The 2019 Act also amends a number of enactments which contain powers to retain biometric data where authorised under a “national security determination”, to increase the maximum duration of retention under such a determination from 2 to 5 years. Regulation 4 brings into force proposed revisions to existing guidance about the making or renewing of national security determinations. Under section 22(2) of the Protection of Freedoms Act 2012 (“the 2012 Act”), any person authorised to make or renew a national security determination under the provisions mentioned in section 20(2)(a) of the 2012 Act must have regard to guidance issued under section 22 and revisions to it.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

A copy of the codes of practice and the revisions to the guidance referred to in this instrument can be found at www.gov.uk^f1 and hard copies can be obtained by writing to the Home Office, 2 Marsham Street, London SW1P 4DF.