The Counter-Terrorism and Border Security Act 2019 and the Terrorism Act 2000 (Port Examination Codes of Practice) Regulations 2025
These regulations implement revised codes of practice for examining officers under the Counter-Terrorism and Border Security Act 2019 and the Terrorism Act 2000.
The Secretary of State revised the codes, published drafts for consultation, considered feedback, and laid the final versions before Parliament.
The updated codes govern the exercise of powers at UK ports and the Northern Ireland border related to combating terrorism and hostile state activity, aiming for better clarity, training, and adherence to legal frameworks.
Arguments For
Improved clarity and guidance for examining officers: The revised codes provide updated and clearer instructions, leading to more consistent application of powers and better protection of individual rights.
Enhanced training and procedures: The revisions likely incorporate lessons learned from past experiences and incorporate modern best practices for interviewing and detention, improving officer training and efficiency.
Strengthened border security: The revisions aim to ensure the effective use of powers to prevent terrorism and hostile state activity, contributing to national security.
Compliance with legal requirements: The updates reflect a commitment to complying with legal frameworks and upholding human rights during port examinations.
Increased transparency and accountability: Publication and parliamentary review of the codes enhances openness and enables public scrutiny of the processes.
Arguments Against
Potential for overreach or misuse of powers: Even with improved guidelines, there remains a risk of examining officers misinterpreting or exceeding their authority, leading to potential abuse.
Burden on examining officers: Implementing the updated codes and undergoing additional training may place increased demands on officers, possibly impacting morale.
Resource implications: Updating training materials and disseminating the new codes of practice requires financial resources.
Lack of significant impact assessment: The absence of a full impact assessment may indicate insufficient consideration of potential unintended consequences of the revisions.
Balancing security with individual liberties: Concerns may arise about the potential for these regulations to infringe on individual rights and freedoms.
The Secretary of State makes these Regulations in exercise of the powers conferred by paragraph 57(3) and (4) of Schedule 3 to the Counter-Terrorism and Border Security Act 20191 (“the 2019 Act”) and paragraph 7(3) and (4) of Schedule 14 to the Terrorism Act 20002 (“the 2000 Act”).
The Secretary of State has—
(a) under paragraph 56(7) of Schedule 3 to the 2019 Act, revised the code of practice about the exercise by examining officers of functions conferred on them by Schedule 3 to the 2019 Act3, the training to be undertaken in connection with the exercise of those functions, video recording of interviews, and reviews of detention (“the revised Schedule 3 code”);
(b) under paragraph 6(4) of Schedule 14 to the 2000 Act4, revised the code of practice about the exercise by examining officers of functions conferred on them by virtue of the 2000 Act5 (“the revised Schedule 7 code”);
(c) in accordance with paragraph 57(1)(a) of Schedule 3 to the 2019 Act and paragraph 7(1)(a) of Schedule 14 to the 2000 Act, published drafts of the revised Schedule 3 code and the revised Schedule 7 code;
(d) in accordance with paragraph 57(1)(b) and (c) of Schedule 3 to the 2019 Act and paragraph 7(1)(b) and (c) of Schedule 14 to the 2000 Act, considered any representations made to the Secretary of State about the revised Schedule 3 code and the revised Schedule 7 code and, as thought appropriate, modified the drafts accordingly; and
(e) in accordance with paragraph 57(2) of Schedule 3 to the 2019 Act and paragraph 7(2) of Schedule 14 to the 2000 Act, laid drafts of the revised Schedule 3 code and the revised Schedule 7 code before Parliament.
A draft of this instrument has been laid before Parliament under paragraph 57(6) of Schedule 3 to the 2019 Act and section 123(4)(m) of the 2000 Act and has been approved by a resolution of each House of Parliament.
The Secretary of State, using powers granted by the Counter-Terrorism and Border Security Act 2019 and the Terrorism Act 2000, created updated codes of practice for examining officers.
The process involved revising existing codes, publishing drafts for public comment, incorporating feedback, and submitting the final drafts to Parliament for approval.
Citation, commencement and extent
(1) These Regulations may be cited as the Counter-Terrorism and Border Security Act 2019 and the Terrorism Act 2000 (Port Examination Codes of Practice) Regulations 2025 and come into force on the 22nd day after the day on which they are made.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
These regulations are officially titled 'Counter-Terrorism and Border Security Act 2019 and the Terrorism Act 2000 (Port Examination Codes of Practice) Regulations 2025'.
They become effective 22 days after their creation and apply across the UK.
Schedule 3 to the Counter-Terrorism and Border Security Act 2019 revised code of practice
The revised code of practice entitled “Examining Officers and Review Officers under Schedule 3 to the Counter-Terrorism and Border Security Act 2019” and laid before Parliament in draft on 9th July 2025 comes into operation on the day on which these Regulations come into force.
The updated code of practice titled “Examining Officers and Review Officers under Schedule 3 to the Counter-Terrorism and Border Security Act 2019”, previously submitted to Parliament in draft form on July 9th, 2025, takes effect on the same day as these regulations.
Schedule 7 to the Terrorism Act 2000 revised code of practice
The revised code of practice entitled “Examining Officers and Review Officers under Schedule 7 to the Terrorism Act 2000” and laid before Parliament in draft on 9th July 2025 comes into operation on the day on which these Regulations come into force.
Similarly, the revised code of practice, “Examining Officers and Review Officers under Schedule 7 to the Terrorism Act 2000”, also takes effect the same day as these regulations, having been previously submitted to Parliament on July 9th, 2025.
Explanatory Note (This note is not part of the Regulations) These Regulations bring into operation revised codes of practice that provide guidance to examining officers in the exercise of their powers at ports and the Northern Ireland border area in relation to terrorism and hostile state activity.
Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (c. 3) 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, engaged in hostile activity. Regulation 2 brings into operation a revised code of practice for examining officers.
Schedules 7 and 8 to the Terrorism Act 2000 (c. 11) contain 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.
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.
Copies of the revised codes of practice referred to in this instrument can be found at www.gov.uk and hard copies can be obtained by writing to the Home Office, 2 Marsham Street, London, SW1P 4DF.
This explanatory note clarifies that the regulations update guidelines for examining officers at ports concerning terrorism and hostile state activity.
It specifies that the revised codes relate to powers detailed in the Counter-Terrorism and Border Security Act 2019 and the Terrorism Act 2000.
The note also states that a full impact assessment wasn't needed because minimal impact on the public, private, or voluntary sectors was anticipated.
The revised codes can be accessed online or from the Home Office.