Codes of practice for officers using examination powers at ports
Download the full outcome
Detail of outcome
In February last year, Parliament passed the Counter-Terrorism and Border Security Act 2019, which introduced a range of measures to close gaps in existing counter-terrorism legislation and to ensure that terrorist offending can be disrupted more rapidly. It also created new powers to harden the UK’s defences against hostile state activity.
Shortly after passage of the Act, we opened a public consultation to consider the draft code of practice for the new port and border powers under Schedule 3 and the revised draft code of practice for the existing powers under Schedule 7 to the Terrorism Act 2000. Both codes set out the processes and safeguards governing the exercise of these powers by port and border officers. We are grateful to all of those who participated in the consultation.
Since the consultation period, we have continued to work with the Counter-Terrorism Police Headquarters and the Investigatory Powers Commissioner to consider proposals made in these representations. We have also considered the feedback of the Independent Reviewer of Terrorism Legislation, Jonathan Hall QC, who was not in post during the public consultation but asked for the opportunity to comment on the revised Schedule 7 code of practice.
As a result of the responses to the consultation and the Reviewer’s feedback, the government has made changes to these codes and/or taken steps to:
- provide further clarity on the article retention process and timeframes under Schedule 3
- strengthen protections for confidential material and provide additional safeguards for journalistic sources and information subject to legal privilege
- mandate the timely provision of or access to relevant information and material relating to Schedule 7 or 3 powers to assist an examinee or their representatives
- ensure appropriate complaints procedures are in place and accessible to any person who has been the subject of a Schedule 7 or 3 examination
- provide further clarity on the training and accreditation standards for officers exercising these powers.
We have prepared a full consultation document detailing our response, which you can find on this page. You can read the updated versions of both codes here.
After consideration of all representations received with respect to these documents, we have been careful to strike the balance between safeguarding the rights of those who are subject to an examination under the powers and ensuring that the police are able to do their job effectively to keep us safe from terrorism and hostile state activity. The government believes that the draft codes of practice achieve that balance and looks forward to discussing them in Parliament in due course.
Original consultation
Consultation description
Schedule 3 to the Counter-Terrorism and Border Security Act 2019 provides for new powers to stop, question, search and detain a person at a UK port or the Northern Ireland border area to determine whether they are, or have been, engaged in hostile activity. These provisions will serve to address a current gap in our ability to tackle the threat posed by hostile state actors and mirror in many respects the existing powers to stop and question persons at UK ports for counter-terrorism purposes.
The Counter-Terrorism and Border Security Act 2019 also amends schedule 7 to the Terrorism Act 2000, including to give effect to 2 recommendations of the former Independent Reviewer of Terrorism Legislation, Lord Anderson: providing for the suspension of the examination clock whilst someone receives medical treatment; and including a bar on the use of oral answers given in examination in subsequent criminal proceedings.
Both the Terrorism Act 2000 and the 2019 Act require the codes of practice to be put out for consultation. As part of this consultation, the government welcomes comments on the new ‘Schedule 3 Code of Practice’ and the revised draft ‘Schedule 7 Code of Practice.’
Any representations made about these documents will be considered by the government before a final version of the draft codes is laid before Parliament for approval.
Responses to the consultation should be sent to: schedule3and7codes@homeoffice.gov.uk
Documents
Last updated 12 October 2021 + show all updates
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Accessible HTML versions of 'Consultation document', 'Draft schedule 3 code of practice', 'Draft schedule 7 code of practice', 'Response to the Home Office consultation on the code of practice for Schedule 3 (to the Counter-Terrorism and Border Security Act 2019) and modifications to the existing code of practice for Schedule 7 (to the Terrorism Act 2000)', 'Draft Schedule 3 code of practice - June 2020', 'Draft Schedule 7 code of practice - June 2020', 'The port examination codes of practice and national security determinations guidance regulations 2020: fact sheet' added.
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Added link to official versions of the codes of practice.
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Published consultation response and draft codes of practice for Schedule 3 and Schedule 7.
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First published.