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Home > Human Rights & Humanitarian Law > Armed Conflict & the Law > What is Terrorism?  > Terrorism: United Kingdom Law & Practise >  UK Terrorism Act 2000 - Index > Parts 1 to V : Sections 1 to 53 > Parts VI to VII: Sections 54 to 119 > Part VIII: Sections 114 to 131 > Schedules 1 to 4 > Schedules 5 to 10 > Schedules 11 to end

UK Terrorism Act 2000

Schedules 5 to 10

    Schedule 5 - Terrorist Investigations: Information.
    Part I - England and Wales and Northern Ireland.
    Part II - Scotland.
    Schedule 6 - Financial Information.
    Schedule 7 - Port and Border Controls.
    Schedule 8 - Detention.
    Part I - Treatment of persons detained under section 41 or Schedule 7.
    Part II - Review of detention under section 41.
    Part III - Extension of detention under section 41.
    Schedule 9 - Scheduled Offences.
    Part I - Substantive Offences.
    Part II - Inchoate and Related Offences.
    Part III - Extra-Territorial Offences.
    Schedule 10 - Munitions and Transmitters: Search and Seizure.
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SCHEDULE 5
 
TERRORIST INVESTIGATIONS: INFORMATION
PART I
ENGLAND AND WALES AND NORTHERN IRELAND

Searches
    1. - (1) A constable may apply to a justice of the peace for the issue of a warrant under this paragraph for the purposes of a terrorist investigation.
 
    (2) A warrant under this paragraph shall authorise any constable-
 

    (a) to enter the premises specified in the warrant,

    (b) to search the premises and any person found there, and

    (c) to seize and retain any relevant material which is found on a search under paragraph (b).
    (3) For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that-
 

    (a) it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and

    (b) it must be seized in order to prevent it from being concealed, lost, damaged, altered or destroyed.
    (4) A warrant under this paragraph shall not authorise-
 

    (a) the seizure and retention of items subject to legal privilege, or

    (b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
    (5) Subject to paragraph 2, a justice may grant an application under this paragraph if satisfied-
 

    (a) that the warrant is sought for the purposes of a terrorist investigation,

    (b) that there are reasonable grounds for believing that there is material on premises specified in the application which is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation and which does not consist of or include excepted material (within the meaning of paragraph 4 below), and

    (c) that the issue of a warrant is likely to be necessary in the circumstances of the case.
    2. - (1) This paragraph applies where an application is made under paragraph 1 and-
 

    (a) the application is made by a police officer of at least the rank of superintendent,

    (b) the application does not relate to residential premises, and

    (c) the justice to whom the application is made is not satisfied of the matter referred to in paragraph 1(5)(c).
    (2) The justice may grant the application if satisfied of the matters referred to in paragraph 1(5)(a) and (b).
 
    (3) Where a warrant under paragraph 1 is issued by virtue of this paragraph, the powers under paragraph 1(2)(a) and (b) are exercisable only within the period of 24 hours beginning with the time when the warrant is issued.
 
    (4) For the purpose of sub-paragraph (1) "residential premises" means any premises which the officer making the application has reasonable grounds for believing are used wholly or mainly as a dwelling.
 
    3. - (1) Subject to sub-paragraph (2), a police officer of at least the rank of superintendent may by a written authority signed by him authorise a search of specified premises which are wholly or partly within a cordoned area.
 
    (2) A constable who is not of the rank required by sub-paragraph (1) may give an authorisation under this paragraph if he considers it necessary by reason of urgency.
 
    (3) An authorisation under this paragraph shall authorise any constable-
 

    (a) to enter the premises specified in the authority,

    (b) to search the premises and any person found there, and

    (c) to seize and retain any relevant material (within the meaning of paragraph 1(3)) which is found on a search under paragraph (b).
    (4) The powers under sub-paragraph (3)(a) and (b) may be exercised-
 

    (a) on one or more occasions, and

    (b) at any time during the period when the designation of the cordoned area under section 33 has effect.
    (5) An authorisation under this paragraph shall not authorise-
 

    (a) the seizure and retention of items subject to legal privilege;

    (b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
    (6) An authorisation under this paragraph shall not be given unless the person giving it has reasonable grounds for believing that there is material to be found on the premises which-
 

    (a) is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and

    (b) does not consist of or include excepted material.
    (7) A person commits an offence if he wilfully obstructs a search under this paragraph.
 
    (8) A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to-
 

    (a) imprisonment for a term not exceeding three months,

    (b) a fine not exceeding level 4 on the standard scale, or

    (c) both.

Excepted material
    4. In this Part-
 

    (a) "excluded material" has the meaning given by section 11 of the Police and Criminal Evidence Act 1984,

    (b) "items subject to legal privilege" has the meaning given by section 10 of that Act, and

    (c) "special procedure material" has the meaning given by section 14 of that Act;
and material is "excepted material" if it falls within any of paragraphs (a) to (c).
 

Excluded and special procedure material: production & access
    5. - (1) A constable may apply to a Circuit judge for an order under this paragraph for the purposes of a terrorist investigation.
 
    (2) An application for an order shall relate to particular material, or material of a particular description, which consists of or includes excluded material or special procedure material.
 
    (3) An order under this paragraph may require a specified person-
 

    (a) to produce to a constable within a specified period for seizure and retention any material which he has in his possession, custody or power and to which the application relates;

    (b) to give a constable access to any material of the kind mentioned in paragraph (a) within a specified period;

    (c) to state to the best of his knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his possession, custody or power within the period specified under paragraph (a) or (b).
    (4) For the purposes of this paragraph-
 

    (a) an order may specify a person only if he appears to the Circuit judge to have in his possession, custody or power any of the material to which the application relates, and

    (b) a period specified in an order shall be the period of seven days beginning with the date of the order unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.
    (5) Where a Circuit judge makes an order under sub-paragraph (3)(b) in relation to material on any premises, he may, on the application of a constable, order any person who appears to the judge to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.
 
    6. - (1) A Circuit judge may grant an application under paragraph 5 if satisfied-
 

    (a) that the material to which the application relates consists of or includes excluded material or special procedure material,

    (b) that it does not include items subject to legal privilege, and

    (c) that the conditions in sub-paragraphs (2) and (3) are satisfied in respect of that material.
    (2) The first condition is that-
 

    (a) the order is sought for the purposes of a terrorist investigation, and

    (b) there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.
    (3) The second condition is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or that access to it should be given having regard-
 

    (a) to the benefit likely to accrue to a terrorist investigation if the material is obtained, and

    (b) to the circumstances under which the person concerned has any of the material in his possession, custody or power.
    7. - (1) An order under paragraph 5 may be made in relation to-
 

    (a) material consisting of or including excluded or special procedure material which is expected to come into existence within the period of 28 days beginning with the date of the order;

    (b) a person who the Circuit judge thinks is likely to have any of the material to which the application relates in his possession, custody or power within that period.
    (2) Where an order is made under paragraph 5 by virtue of this paragraph, paragraph 5(3) shall apply with the following modifications-
 

    (a) the order shall require the specified person to notify a named constable as soon as is reasonably practicable after any material to which the application relates comes into his possession, custody or power,

    (b) the reference in paragraph 5(3)(a) to material which the specified person has in his possession, custody or power shall be taken as a reference to the material referred to in paragraph (a) above which comes into his possession, custody or power, and

    (c) the reference in paragraph 5(3)(c) to the specified period shall be taken as a reference to the period of 28 days beginning with the date of the order.
    (3) Where an order is made under paragraph 5 by virtue of this paragraph, paragraph 5(4) shall not apply and the order-
 

    (a) may only specify a person falling within sub-paragraph (1)(b), and

    (b) shall specify the period of seven days beginning with the date of notification required under sub-paragraph (2)(a) unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.
    8. - (1) An order under paragraph 5-
 

    (a) shall not confer any right to production of, or access to, items subject to legal privilege, and

    (b) shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.
    (2) Where the material to which an application under paragraph 5 relates consists of information contained in a computer-
 

    (a) an order under paragraph 5(3)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, and

    (b) an order under paragraph 5(3)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible.
    9. - (1) An order under paragraph 5 may be made in relation to material in the possession, custody or power of a government department.
 
    (2) Where an order is made by virtue of sub-paragraph (1)-
 

    (a) it shall be served as if the proceedings were civil proceedings against the department, and

    (b) it may require any officer of the department, whether named in the order or not, who may for the time being have in his possession, custody or power the material concerned, to comply with the order.
    (3) In this paragraph "government department" means an authorised government department for the purposes of the Crown Proceedings Act 1947.
 
    10. - (1) An order of a Circuit judge under paragraph 5 shall have effect as if it were an order of the Crown Court.
 
    (2) Crown Court Rules may make provision about proceedings relating to an order under paragraph 5.
 
    (3) In particular, the rules may make provision about the variation or discharge of an order.
 

Excluded or special procedure material: search
    11. - (1) A constable may apply to a Circuit judge for the issue of a warrant under this paragraph for the purposes of a terrorist investigation.
 
    (2) A warrant under this paragraph shall authorise any constable-
 

    (a) to enter the premises specified in the warrant,

    (b) to search the premises and any person found there, and

    (c) to seize and retain any relevant material which is found on a search under paragraph (b).
    (3) A warrant under this paragraph shall not authorise-
 

    (a) the seizure and retention of items subject to legal privilege;

    (b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
    (4) For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.
 
    12. - (1) A Circuit judge may grant an application under paragraph 11 if satisfied that an order made under paragraph 5 in relation to material on the premises specified in the application has not been complied with.
 
    (2) A Circuit judge may also grant an application under paragraph 11 if satisfied that there are reasonable grounds for believing that-
 

    (a) there is material on premises specified in the application which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and

    (b) the conditions in sub-paragraphs (3) and (4) are satisfied.
    (3) The first condition is that-
 

    (a) the warrant is sought for the purposes of a terrorist investigation, and

    (b) the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.
    (4) The second condition is that it is not appropriate to make an order under paragraph 5 in relation to the material because-
 

    (a) it is not practicable to communicate with any person entitled to produce the material,

    (b) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated, or

    (c) a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material.

Explanations
    13. - (1) A constable may apply to a Circuit judge for an order under this paragraph requiring any person specified in the order to provide an explanation of any material-
 

    (a) seized in pursuance of a warrant under paragraph 1 or 11, or

    (b) produced or made available to a constable under paragraph 5.
    (2) An order under this paragraph shall not require any person to disclose any information which he would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.
 
    (3) But a lawyer may be required to provide the name and address of his client.
 
    (4) A statement by a person in response to a requirement imposed by an order under this paragraph-
 

    (a) may be made orally or in writing, and

    (b) may be used in evidence against him only on a prosecution for an offence under paragraph 14.
    (5) Paragraph 10 shall apply to orders under this paragraph as it applies to orders under paragraph 5.
 
    14. - (1) A person commits an offence if, in purported compliance with an order under paragraph 13, he-
 

    (a) makes a statement which he knows to be false or misleading in a material particular, or

    (b) recklessly makes a statement which is false or misleading in a material particular.
    (2) A person guilty of an offence under sub-paragraph (1) shall be liable-
 

    (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

    (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

Urgent cases
    15. - (1) A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 1 or 11.
 
    (2) An order shall not be made under this paragraph unless the officer has reasonable grounds for believing-
 

    (a) that the case is one of great emergency, and

    (b) that immediate action is necessary.
    (3) Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State.
 
    (4) A person commits an offence if he wilfully obstructs a search under this paragraph.
 
    (5) A person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to-
 

    (a) imprisonment for a term not exceeding three months,

    (b) a fine not exceeding level 4 on the standard scale, or

    (c) both.
    16. - (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 15.
 
    (2) Sub-paragraphs (2) to (4) of paragraph 13 and paragraph 14 shall apply to a notice under this paragraph as they apply to an order under paragraph 13.
 
    (3) A person commits an offence if he fails to comply with a notice under this paragraph.
 
    (4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.
 
    (5) A person guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to-
 

    (a) imprisonment for a term not exceeding six months,

    (b) a fine not exceeding level 5 on the standard scale, or

    (c) both.

Supplementary
    17. For the purposes of sections 21 and 22 of the Police and Criminal Evidence Act 1984 (seized material: access, copying and retention)-
 

    (a) a terrorist investigation shall be treated as an investigation of or in connection with an offence, and

    (b) material produced in pursuance of an order under paragraph 5 shall be treated as if it were material seized by a constable.

Northern Ireland
    18. In the application of this Part to Northern Ireland-
 

    (a) the reference in paragraph 4(a) to section 11 of the Police and Criminal Evidence Act 1984 shall be taken as a reference to Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989,

    (b) the reference in paragraph 4(b) to section 10 of that Act shall be taken as a reference to Article 12 of that Order,

    (c) the reference in paragraph 4(c) to section 14 of that Act shall be taken as a reference to Article 16 of that Order,

    (d) the references in paragraph 9(1) and (2) to "government department" shall be taken as including references to an authorised Northern Ireland department for the purposes of the Crown Proceedings Act 1947,

    (e) the reference in paragraph 10(2) to "Crown Court Rules" shall be taken as a reference to county court rules,

    (f) the reference in paragraph 17 to sections 21 and 22 of the Police and Criminal Evidence Act 1984 shall be taken as a reference to Articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989, and

    (g) references to "a Circuit judge" shall be taken as references to a county court judge.
    19. - (1) The Secretary of State may by a written order which relates to specified premises give to any constable in Northern Ireland-
 

    (a) the authority which may be given by a search warrant under paragraph 1;

    (b) the authority which may be given by a search warrant under paragraph 11.
    (2) An order shall not be made under this paragraph unless-
 

    (a) it appears to the Secretary of State that the information which it would be necessary to provide to the court in support of an application for a warrant would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 56, and

    (b) the order is made for the purposes of an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 56.
    (3) The Secretary of State may make an order under sub-paragraph (1)(a) in relation to particular premises only if satisfied-
 

    (a) that there are reasonable grounds for believing that there is material on the premises which is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in sub-paragraph (2)(b), and which does not consist of or include excepted material, and

    (b) that the authority of an order is likely to be necessary in the circumstances of the case.
    (4) The Secretary of State may make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that an order made under paragraph 5 in relation to material on the premises has not been complied with.
 
    (5) The Secretary of State may also make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that there are reasonable grounds for believing that-
 

    (a) there is material on the premises which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege,

    (b) the material is likely to be of substantial value, whether by itself or together with other material, to the investigation mentioned in sub-paragraph (2)(b), and

    (c) an order under paragraph 5 would not be appropriate in relation to the material for the reason mentioned in paragraph 12(4)(a) or (b) or because the investigation mentioned in sub-paragraph (2)(b) might be seriously prejudiced unless a constable can secure immediate access to the material.
    (6) An order under sub-paragraph (1)(b) may not be made except in the circumstances specified in sub-paragraphs (4) and (5).
 
    (7) A person commits an offence if he wilfully obstructs a search under this paragraph.
 
    (8) A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to-
 

    (a) imprisonment for a term not exceeding three months,

    (b) a fine not exceeding level 4 on the standard scale, or

    (c) both.
    20. - (1) The Secretary of State may exercise the power to make an order under paragraph 5 in relation to any person in Northern Ireland who is specified in the order.
 
    (2) An order shall not be made by virtue of this paragraph unless it appears to the Secretary of State that the information which it would be necessary to provide to a county court judge in support of an application for an order under paragraph 5 would, if disclosed-
 

    (a) be likely to place any person in danger, or

    (b) be likely to prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 56.
    (3) Paragraphs 5 to 9 shall apply to the making of an order under paragraph 5 by virtue of this paragraph with the following modifications-
 

    (a) references to a county court judge shall be taken as references to the Secretary of State,

    (b) the references to "a terrorist investigation" in paragraphs 5(1) and 6(2)(a) shall be taken as references to an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 56, and

    (c) the references to "a terrorist investigation" in paragraphs 6(2)(b) and 6(3)(a) shall be taken as references to the investigation mentioned in paragraph 6(2)(a).
    (4) Paragraph 10 shall not apply in relation to an order made under paragraph 5 by virtue of this paragraph.
 
    (5) The Secretary of State may vary or revoke an order made by virtue of this paragraph.
 
    (6) A person commits an offence if he contravenes an order made by virtue of this paragraph.
 
    (7) A person guilty of an offence under sub-paragraph (6) shall be liable-
 

    (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

    (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
    21. - (1) The Secretary of State may by a written order require any person in Northern Ireland who is specified in the order to provide an explanation of any material-
 

    (a) seized in pursuance of an order under paragraph 19, or

    (b) produced or made available to a constable in pursuance of an order made by virtue of paragraph 20.
    (2) The provisions of paragraphs 13(2) to (4) and 14 shall apply to an order under this paragraph as they apply to an order under paragraph 13.
 
    (3) The provisions of paragraph 16(3) to (5) shall apply to an order under this paragraph as they apply to a notice under paragraph 16.
 
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 SCHEDULE 6
 
FINANCIAL INFORMATION

Orders
    1. - (1) Where an order has been made under this paragraph in relation to a terrorist investigation, a constable named in the order may require a financial institution to provide customer information for the purposes of the investigation.
 
    (2) The information shall be provided-
 

    (a) in such manner and within such time as the constable may specify, and

    (b) notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.
    (3) An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence.
 
    (4) It is a defence for an institution charged with an offence under sub-paragraph (3) to prove-
 

    (a) that the information required was not in the institution's possession, or

    (b) that it was not reasonably practicable for the institution to comply with the requirement.
    (5) An institution guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 

Procedure
    2. An order under paragraph 1 may be made only on the application of-
 

    (a) in England and Wales or Northern Ireland, a police officer of at least the rank of superintendent, or

    (b) in Scotland, the procurator fiscal.
    3. An order under paragraph 1 may be made only by-
 

    (a) in England and Wales, a Circuit judge,

    (b) in Scotland, the sheriff, or

    (c) in Northern Ireland, a county court judge.
    4. - (1) Crown Court Rules may make provision about the procedure for an application under paragraph 1.
 
    (2) The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.
 

Criteria for making order
    5. An order under paragraph 1 may be made only if the person making it is satisfied that-
 

    (a) the order is sought for the purposes of a terrorist investigation,

    (b) the tracing of terrorist property is desirable for the purposes of the investigation, and

    (c) the order will enhance the effectiveness of the investigation.

Financial institution
    6. - (1) In this Schedule "financial institution" means-
 

    (a) a person who carries on a business of taking deposits for which he is authorised under the Banking Act 1987,

    (b) a building society (within the meaning of the Building Societies Act 1986),

    (c) a credit union (within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985),

    (d) a person carrying on investment business within the meaning of the Financial Services Act 1986,

    (e) the National Savings Bank,

    (f) a person who carries out an activity for the purposes of raising money authorised to be raised under the National Loans Act 1968 under the auspices of the Director of National Savings,

    (g) a European institution carrying on a home regulated activity (within the meaning of the Second Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions),

    (h) a person carrying out an activity specified in any of points 1 to 12 and 14 of the Annex to that Directive, and

    (i) a person who carries on an insurance business in accordance with an authorisation pursuant to Article 6 or 27 of the First Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance.
    (2) The Secretary of State may by order provide for a class of person-
 

    (a) to be a financial institution for the purposes of this Schedule, or

    (b) to cease to be a financial institution for the purposes of this Schedule.
    (3) An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.
 

Customer information
    7. - (1) In this Schedule "customer information" means (subject to sub-paragraph (3))-
 

    (a) information whether a business relationship exists or existed between a financial institution and a particular person ("a customer"),

    (b) a customer's account number,

    (c) a customer's full name,

    (d) a customer's date of birth,

    (e) a customer's address or former address,

    (f) the date on which a business relationship between a financial institution and a customer begins or ends,

    (g) any evidence of a customer's identity obtained by a financial institution in pursuance of or for the purposes of any legislation relating to money laundering, and

    (h) the identity of a person sharing an account with a customer.
    (2) For the purposes of this Schedule there is a business relationship between a financial institution and a person if (and only if)-
 

    (a) there is an arrangement between them designed to facilitate the carrying out of frequent or regular transactions between them, and

    (b) the total amount of payments to be made in the course of the arrangement is neither known nor capable of being ascertained when the arrangement is made.
    (3) The Secretary of State may by order provide for a class of information-
 

    (a) to be customer information for the purposes of this Schedule, or

    (b) to cease to be customer information for the purposes of this Schedule.

Offence by body corporate, &c.
    8. - (1) This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence-
 

    (a) was committed with the consent or connivance of an officer of the institution, or

    (b) was attributable to neglect on the part of an officer of the institution.
    (2) The officer, as well as the institution, shall be guilty of the offence.
 
    (3) Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he shall be liable on summary conviction to-
 

    (a) imprisonment for a term not exceeding six months,

    (b) a fine not exceeding level 5 on the standard scale, or

    (c) both.
    (4) In the case of an institution which is a body corporate, in this paragraph "officer" includes-
 

    (a) a director, manager or secretary,

    (b) a person purporting to act as a director, manager or secretary, and

    (c) if the affairs of the body are managed by its members, a member.
    (5) In the case of an institution which is a partnership, in this paragraph "officer" means a partner.
 
    (6) In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph "officer" means a person concerned in the management or control of the association.
 

Self-incrimination
    9. - (1) Customer information provided by a financial institution under this Schedule shall not be admissible in evidence in criminal proceedings against the institution or any of its officers or employees.
 
    (2) Sub-paragraph (1) shall not apply in relation to proceedings for an offence under paragraph 1(3) (including proceedings brought by virtue of paragraph 8).
 
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SCHEDULE 7
 
PORT AND BORDER CONTROLS

Interpretation
    1. - (1) In this Schedule "examining officer" means any of the following-
 

    (a) a constable,

    (b) an immigration officer, and

    (c) a customs officer who is designated for the purpose of this Schedule by the Secretary of State and the Commissioners of Customs and Excise.
    (2) In this Schedule-
 

    "the border area" has the meaning given by paragraph 4,

    "captain" means master of a ship or commander of an aircraft,

    "port" includes an airport and a hoverport,

    "ship" includes a hovercraft, and

    "vehicle" includes a train.
    (3) A place shall be treated as a port for the purposes of this Schedule in relation to a person if an examining officer believes that the person-
 

    (a) has gone there for the purpose of embarking on a ship or aircraft, or

    (b) has arrived there on disembarking from a ship or aircraft.

Power to stop, question and detain
    2. - (1) An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).
 
    (2) This paragraph applies to a person if-
 

    (a) he is at a port or in the border area, and

    (b) the examining officer believes that the person's presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland.
    (3) This paragraph also applies to a person on a ship or aircraft which has arrived in Great Britain or Northern Ireland.
 
    (4) An examining officer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b).
 
    3. An examining officer may question a person who is in the border area for the purpose of determining whether his presence in the area is connected with his entering or leaving Northern Ireland.
 
    4. - (1) A place in Northern Ireland is within the border area for the purposes of paragraphs 2 and 3 if it is no more than one mile from the border between Northern Ireland and the Republic of Ireland.
 
    (2) If a train goes from the Republic of Ireland to Northern Ireland, the first place in Northern Ireland at which it stops for the purpose of allowing passengers to leave is within the border area for the purposes of paragraphs 2 and 3.
 
    5. A person who is questioned under paragraph 2 or 3 must-
 

    (a) give the examining officer any information in his possession which the officer requests;

    (b) give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;

    (c) declare whether he has with him documents of a kind specified by the examining officer;

    (d) give the examining officer on request any document which he has with him and which is of a kind specified by the officer.
    6. - (1) For the purposes of exercising a power under paragraph 2 or 3 an examining officer may-
 

    (a) stop a person or vehicle;

    (b) detain a person.
    (2) For the purpose of detaining a person under this paragraph, an examining officer may authorise the person's removal from a ship, aircraft or vehicle.
 
    (3) Where a person is detained under this paragraph the provisions of Part I of Schedule 8 (treatment) shall apply.
 
    (4) A person detained under this paragraph shall (unless detained under any other power) be released not later than the end of the period of nine hours beginning with the time when his examination begins.
 

Searches
    7. For the purpose of satisfying himself whether there are any persons whom he may wish to question under paragraph 2 an examining officer may-
 

    (a) search a ship or aircraft;

    (b) search anything on a ship or aircraft;

    (c) search anything which he reasonably believes has been, or is about to be, on a ship or aircraft.
    8. - (1) An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether he falls within section 40(1)(b)-
 

    (a) search the person;

    (b) search anything which he has with him, or which belongs to him, and which is on a ship or aircraft;

    (c) search anything which he has with him, or which belongs to him, and which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft;

    (d) search a ship or aircraft for anything falling within paragraph (b).
    (2) Where an examining officer questions a person in the border area under paragraph 2 he may (in addition to the matters specified in sub-paragraph (1)), for the purpose of determining whether the person falls within section 40(1)(b)-
 

    (a) search a vehicle;

    (b) search anything in or on a vehicle;

    (c) search anything which he reasonably believes has been, or is about to be, in or on a vehicle.
    (3) A search of a person under this paragraph must be carried out by someone of the same sex.
 
    9. - (1) An examining officer may examine goods to which this paragraph applies for the purpose of determining whether they have been used in the commission, preparation or instigation of acts of terrorism.
 
    (2) This paragraph applies to goods which have arrived in or are about to leave Great Britain or Northern Ireland on a ship, aircraft or vehicle.
 
    (3) In this paragraph "goods" includes-
 

    (a) property of any description, and

    (b) containers.
    (4) An examining officer may board a ship or aircraft or enter a vehicle for the purpose of determining whether to exercise his power under this paragraph.
 
    10. - (1) An examining officer may authorise a person to carry out on his behalf a search or examination under any of paragraphs 7 to 9.
 
    (2) A person authorised under this paragraph shall be treated as an examining officer for the purposes of-
 

    (a) paragraphs 9(4) and 11 of this Schedule, and

    (b) paragraphs 2 and 3 of Schedule 14.

Detention of property
    11. - (1) This paragraph applies to anything which-
 

    (a) is given to an examining officer in accordance with paragraph 5(d),

    (b) is searched or found on a search under paragraph 8, or

    (c) is examined under paragraph 9.
    (2) An examining officer may detain the thing-
 

    (a) for the purpose of examination, for a period not exceeding seven days beginning with the day on which the detention commences,

    (b) while he believes that it may be needed for use as evidence in criminal proceedings, or

    (c) while he believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.

Designated ports
    12. - (1) This paragraph applies to a journey-
 

    (a) to Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands,

    (b) from Great Britain to any of those places,

    (c) to Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands, or

    (d) from Northern Ireland to any of those places.
    (2) Where a ship or aircraft is employed to carry passengers for reward on a journey to which this paragraph applies the owners or agents of the ship or aircraft shall not arrange for it to call at a port in Great Britain or Northern Ireland for the purpose of disembarking or embarking passengers unless-
 

    (a) the port is a designated port, or

    (b) an examining officer approves the arrangement.
    (3) Where an aircraft is employed on a journey to which this paragraph applies otherwise than to carry passengers for reward, the captain of the aircraft shall not permit it to call at or leave a port in Great Britain or Northern Ireland unless-
 

    (a) the port is a designated port, or

    (b) he gives at least 12 hours' notice in writing to a constable for the police area in which the port is situated (or, where the port is in Northern Ireland, to a member of the Royal Ulster Constabulary).
    (4) A designated port is a port which appears in the Table at the end of this Schedule.
 
    (5) The Secretary of State may by order-
 

    (a) add an entry to the Table;

    (b) remove an entry from the Table.

Embarkation and disembarkation
    13. - (1) The Secretary of State may by notice in writing to the owners or agents of ships or aircraft-
 

    (a) designate control areas in any port in the United Kingdom;

    (b) specify conditions for or restrictions on the embarkation or disembarkation of passengers in a control area.
    (2) Where owners or agents of a ship or aircraft receive notice under sub-paragraph (1) in relation to a port they shall take all reasonable steps to ensure, in respect of the ship or aircraft-
 

    (a) that passengers do not embark or disembark at the port outside a control area, and

    (b) that any specified conditions are met and any specified restrictions are complied with.
    14. - (1) The Secretary of State may by notice in writing to persons concerned with the management of a port in the United Kingdom ("the port managers")-
 

    (a) designate control areas in the port;

    (b) require the port managers to provide at their own expense specified facilities in a control area for the purposes of the embarkation or disembarkation of passengers or their examination under this Schedule;

    (c) require conditions to be met and restrictions to be complied with in relation to the embarkation or disembarkation of passengers in a control area;

    (d) require the port managers to display, in specified locations in control areas, notices containing specified information about the provisions of this Schedule in such form as may be specified.
    (2) Where port managers receive notice under sub-paragraph (1) they shall take all reasonable steps to comply with any requirement set out in the notice.
 
    15. - (1) This paragraph applies to a ship employed to carry passengers for reward, or an aircraft, which-
 

    (a) arrives in Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands,

    (b) arrives in Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands,

    (c) leaves Great Britain for the Republic of Ireland, Northern Ireland or any of the Islands, or

    (d) leaves Northern Ireland for Great Britain, the Republic of Ireland or any of the Islands.
    (2) The captain shall ensure-
 

    (a) that passengers and members of the crew do not disembark at a port in Great Britain or Northern Ireland unless either they have been examined by an examining officer or they disembark in accordance with arrangements approved by an examining officer;

    (b) that passengers and members of the crew do not embark at a port in Great Britain or Northern Ireland except in accordance with arrangements approved by an examining officer;

    (c) where a person is to be examined under this Schedule on board the ship or aircraft, that he is presented for examination in an orderly manner.
    (3) Where paragraph 27 of Schedule 2 to the Immigration Act 1971 (disembarkation requirements on arrival in the United Kingdom) applies, the requirements of sub-paragraph (2)(a) above are in addition to the requirements of paragraph 27 of that Schedule.
 

Carding
    16. - (1) The Secretary of State may by order make provision requiring a person to whom this paragraph applies, if required to do so by an examining officer, to complete and produce to the officer a card containing such information in such form as the order may specify.
 
    (2) An order under this paragraph may require the owners or agents of a ship or aircraft employed to carry passengers for reward to supply their passengers with cards in the form required by virtue of sub-paragraph (1).
 
    (3) This paragraph applies to a person-
 

    (a) who disembarks in Great Britain from a ship or aircraft which has come from the Republic of Ireland, Northern Ireland or any of the Islands,

    (b) who disembarks in Northern Ireland from a ship or aircraft which has come from Great Britain, the Republic of Ireland, or any of the Islands,

    (c) who embarks in Great Britain on a ship or aircraft which is going to the Republic of Ireland, Northern Ireland or any of the Islands, or

    (d) who embarks in Northern Ireland on a ship or aircraft which is going to Great Britain, the Republic of Ireland, or any of the Islands.

Provision of passenger information
    17. - (1) This paragraph applies to a ship or aircraft which-
 

    (a) arrives or is expected to arrive in Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands, or

    (b) arrives or is expected to arrive in Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands.
    (2) If an examining officer gives the owners or agents of a ship or aircraft to which this paragraph applies a written request to provide specified information, the owners or agents shall comply with the request as soon as is reasonably practicable.
 
    (3) A request to an owner or agent may relate-
 

    (a) to a particular ship or aircraft,

    (b) to all ships or aircraft of the owner or agent to which this paragraph applies, or

    (c) to specified ships or aircraft.
    (4) Information may be specified in a request only if it is of a kind which is prescribed by order of the Secretary of State and which relates-
 

    (a) to passengers,

    (b) to crew, or

    (c) to vehicles belonging to passengers or crew.
    (5) A passenger or member of the crew on a ship or aircraft shall give the captain any information required for the purpose of enabling the owners or agents to comply with a request under this paragraph.
 
    (6) Sub-paragraphs (2) and (5) shall not require the provision of information which is required to be provided under or by virtue of paragraph 27(2) or 27B of Schedule 2 to the Immigration Act 1971.
 

Offences
    18. - (1) A person commits an offence if he-
 

    (a) wilfully fails to comply with a duty imposed under or by virtue of this Schedule,

    (b) wilfully contravenes a prohibition imposed under or by virtue of this Schedule, or

    (c) wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of this Schedule.
    (2) A person guilty of an offence under this paragraph shall be liable on summary conviction to-
 

    (a) imprisonment for a term not exceeding three months,

    (b) a fine not exceeding level 4 on the standard scale, or

    (c) both.
 
TABLE{tt}DESIGNATED PORTS{tt}GREAT BRITAIN
 
Seaports		  
Airports
 
Ardrossan
Cairnryan
Campbeltown
Fishguard
Fleetwood
Heysham
Holyhead
Pembroke Dock
Plymouth
Poole Harbour
Port of Liverpool
Portsmouth Continental Ferry Port
Southampton
Stranraer
Swansea
Torquay
Troon
Weymouth		  
Aberdeen
Biggin Hill
Birmingham
Blackpool
Bournemouth (Hurn)
Bristol
Cambridge
Cardiff
Carlisle
Coventry
East Midlands
Edinburgh
Exeter
Glasgow
Gloucester/Cheltenham (Staverton)
Humberside
Leeds/Bradford
Liverpool
London-City
London-Gatwick
London-Heathrow
Luton
Lydd
Manchester
Manston
Newcastle
Norwich
Plymouth
Prestwick
Sheffield City
Southampton
Southend
Stansted
Teesside
 
NORTHERN IRELAND
 
Seaports		  
Airports
 
Ballycastle
Belfast
Larne
Port of Londonderry
Warrenpoint		  
Belfast City
Belfast International
City of Derry
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SCHEDULE 8
 
DETENTION
PART I
TREATMENT OF PERSONS DETAINED UNDER SECTION 41 OR SCHEDULE 7

Place of detention
    1. - (1) The Secretary of State shall designate places at which persons may be detained under Schedule 7 or section 41.
 
    (2) In this Schedule a reference to a police station includes a reference to any place which the Secretary of State has designated under sub-paragraph (1) as a place where a person may be detained under section 41.
 
    (3) Where a person is detained under Schedule 7, he may be taken in the custody of an examining officer or of a person acting under an examining officer's authority to and from any place where his attendance is required for the purpose of-
 

    (a) his examination under that Schedule,

    (b) establishing his nationality or citizenship, or

    (c) making arrangements for his admission to a country or territory outside the United Kingdom.
    (4) A constable who arrests a person under section 41 shall take him as soon as is reasonably practicable to the police station which the constable considers the most appropriate.
 
    (5) In this paragraph "examining officer" has the meaning given in Schedule 7.
 
    (6) Where a person is arrested in one Part of the United Kingdom and all or part of his detention takes place in another Part, the provisions of this Schedule which apply to detention in a particular Part of the United Kingdom apply in relation to him while he is detained in that Part.
 

Identification
    2. - (1) An authorised person may take any steps which are reasonably necessary for-
 

    (a) photographing the detained person,

    (b) measuring him, or

    (c) identifying him.
    (2) In sub-paragraph (1) "authorised person" means any of the following-
 

    (a) a constable,

    (b) a prison officer,

    (c) a person authorised by the Secretary of State, and

    (d) in the case of a person detained under Schedule 7, an examining officer (within the meaning of that Schedule).
    (3) This paragraph does not confer the power to take-
 

    (a) fingerprints, non-intimate samples or intimate samples (within the meaning given by paragraph 15 below), or

    (b) relevant physical data or samples as mentioned in section 18 of the Criminal Procedure (Scotland) Act 1995 as applied by paragraph 20 below.

Audio and video recording of interviews
    3. - (1) The Secretary of State shall-
 

    (a) issue a code of practice about the audio recording of interviews to which this paragraph applies, and

    (b) make an order requiring the audio recording of interviews to which this paragraph applies in accordance with any relevant code of practice under paragraph (a).
    (2) The Secretary of State may make an order requiring the video recording of-
 

    (a) interviews to which this paragraph applies;

    (b) interviews to which this paragraph applies which take place in a particular Part of the United Kingdom.
    (3) An order under sub-paragraph (2) shall specify whether the video recording which it requires is to be silent or with sound.
 
    (4) Where an order is made under sub-paragraph (2)-
 

    (a) the Secretary of State shall issue a code of practice about the video recording of interviews to which the order applies, and

    (b) the order shall require the interviews to be video recorded in accordance with any relevant code of practice under paragraph (a).
    (5) Where the Secretary of State has made an order under sub-paragraph (2) requiring certain interviews to be video recorded with sound-
 

    (a) he need not make an order under sub-paragraph (1)(b) in relation to those interviews, but

    (b) he may do so.
    (6) This paragraph applies to any interview by a constable of a person detained under Schedule 7 or section 41 if the interview takes place in a police station.
 
    (7) A code of practice under this paragraph-
 

    (a) may make provision in relation to a particular Part of the United Kingdom;

    (b) may make different provision for different Parts of the United Kingdom.
    4. - (1) This paragraph applies to a code of practice under paragraph 3.
 
    (2) Where the Secretary of State proposes to issue a code of practice he shall-
 

    (a) publish a draft,

    (b) consider any representations made to him about the draft, and

    (c) if he thinks it appropriate, modify the draft in the light of any representations made to him.
    (3) The Secretary of State shall lay a draft of the code before Parliament.
 
    (4) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.
 
    (5) The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code.
 
    (6) The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.
 
    (7) A code-
 

    (a) shall be admissible in evidence in criminal and civil proceedings, and

    (b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

Status
    5. A detained person shall be deemed to be in legal custody throughout the period of his detention.
 

Rights: England, Wales and Northern Ireland
    6. - (1) Subject to paragraph 8, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there.
 
    (2) The person named must be-
 

    (a) a friend of the detained person,

    (b) a relative, or

    (c) a person who is known to the detained person or who is likely to take an interest in his welfare.
    (3) Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred.
 
    7. - (1) Subject to paragraphs 8 and 9, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time.
 
    (2) Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded.
 
    8. - (1) Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay-
 

    (a) in informing the person named by a detained person under paragraph 6;

    (b) in permitting a detained person to consult a solicitor under paragraph 7.
    (2) But where a person is detained under section 41 he must be permitted to exercise his rights under paragraphs 6 and 7 before the end of the period mentioned in subsection (3) of that section.
 
    (3) Subject to sub-paragraph (5), an officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing-
 

    (a) in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person's detention will have any of the consequences specified in sub-paragraph (4), or

    (b) in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in sub-paragraph (4).
    (4) Those consequences are-
 

    (a) interference with or harm to evidence of a serious arrestable offence,

    (b) interference with or physical injury to any person,

    (c) the alerting of persons who are suspected of having committed a serious arrestable offence but who have not been arrested for it,

    (d) the hindering of the recovery of property obtained as a result of a serious arrestable offence or in respect of which a forfeiture order could be made under section 23,

    (e) interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,

    (f) the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and

    (g) the alerting of a person and thereby making it more difficult to secure a person's apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism.
    (5) An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that-
 

    (a) the detained person has committed an offence to which Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995, or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,

    (b) the detained person has benefited from the offence within the meaning of that Part or Order, and

    (c) by informing the named person of the detained person's detention (in the case of an authorisation under sub-paragraph (1)(a)), or by the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)), the recovery of the value of that benefit will be hindered.
    (6) If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
 
    (7) Where an authorisation under sub-paragraph (1) is given-
 

    (a) the detained person shall be told the reason for the delay as soon as is reasonably practicable, and

    (b) the reason shall be recorded as soon as is reasonably practicable.
    (8) Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).
 
    (9) In this paragraph "serious arrestable offence" has the meaning given by section 116 of the Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes-
 

    (a) an offence under any of the provisions mentioned in section 40(1)(a) of this Act, and

    (b) an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 40(1)(a).
    9. - (1) A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 7 may consult a solicitor only in the sight and hearing of a qualified officer.
 
    (2) A direction under this paragraph may be given-
 

    (a) where the person is detained at a police station in England or Wales, by an officer of at least the rank of Commander or Assistant Chief Constable, or

    (b) where the person is detained at a police station in Northern Ireland, by an officer of at least the rank of Assistant Chief Constable.
    (3) A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 8(4) or the consequence specified in paragraph 8(5)(c).
 
    (4) In this paragraph "a qualified officer" means a police officer who-
 

    (a) is of at least the rank of inspector,

    (b) is of the uniformed branch of the force of which the officer giving the direction is a member, and