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Regulation 10 Condition for searching visitors

Original text. Later amendments are not shown.

(1)

The search such as is mentioned in regulation 4(f) is subject to the conditions in paragraph (2).

(2)

The conditions are that–

(a)

the search shall be a rub down search as defined in regulation 6(3);

(b)

the search shall only take place if the visitor consents to it or, in the case of a child of insufficient understanding to make an informed decision about being subject to a search, if an adult accompanying the child consents to it;

(c)

where the visitor is a child of sufficient understanding to make such an informed decision, that child may consent to the search and where such a child refuses consent, the consent of any adult on behalf of that child shall not be relied on so as to permit the search;

(d)

a child may only be searched in the presence of an adult accompanying the child and with due attention to the welfare of the child; and

(e)

the search of a visitor shall be carried out with due regard for the visitor’s dignity and privacy and, unless there are exceptional circumstances, shall be carried out by a member of staff who is of the same sex as the visitor and witnessed by another member of staff who, where reasonably practicable, is of the same sex as the visitor.