Legislation – Nationality and Borders Act 2022
Changes to legislation:
Nationality and Borders Act 2022, Section 78 is up to date with all changes known to be in force on or before 17 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
PART 6Miscellaneous
78Counter-terrorism questioning of detained entrants away from place of arrival
(1)
Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.
(2)
In paragraph 1(2) (definitions), in the definition of “ship”, after “hovercraft” insert “and any floating vessel or structure”
.
(3)
“(3A)
This paragraph also applies to a person if—
(a)
the person is—
(i)
being detained under a provision of the Immigration Acts, or
(ii)
in custody having been arrested under paragraph 17(1) of Schedule 2 to the Immigration Act 1971,
(b)
the period of 5 days beginning with the day after the day on which the person was apprehended has not yet expired, and
(c)
the examining officer believes that—
(i)
the person arrived in the United Kingdom by sea from a place outside the United Kingdom, and
(ii)
the person was apprehended within 24 hours of the person’s arrival on land.
(3B)
For the purposes of sub-paragraph (3A)(b) and (c), a person is “apprehended”—
(a)
in a case within sub-paragraph (3A)(a)(i) where the person is arrested (and not released) before being detained as mentioned in that provision, when the person is arrested;
(b)
in any other case within sub-paragraph (3A)(a)(i), when the person is first detained as mentioned in that provision;
(c)
in a case within sub-paragraph (3A)(a)(ii), when the person is arrested as mentioned in that provision.”