UK Border Agency - what powers do they have

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deuc02

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A simple question. Has anyone yet defined what powers the UKBA has to board and search / question crew on a private UK yacht sailing within UK waters. As far as I understand they operate as a seperate entity to UK customs who's unrestricted search powers are already defined, but looking on the RYA site and various internet searches it seems that this question is still very much unanswered. As has been discussed on this forum some skippers seem to have no problem with the way they are acting whilst others question the way they operate and whether they are actually operating within their powers and remit. Whilst I understand that they claim to be operating to protect our borders (which as far as I understand was very capably done by UK customs through intelligence previously) the various reports on this forum does seem to indicate that our government is persuing its path of intimidation of honest UK citizens irrelvant of the laws that it has put in place to primarily protect its citizens rights.

So back to the simple question - has anyone defined their rights, and more importantly our rights
 
Perhaps the RYA could respond, or are they too busy with their "core" businesses of training and winning Olympic medals, their hotel trade at Weymouth and selling books at Boat Shows rather than supporting the personal members and yacht and dinghy clubs who provide most of their subscription income?
 
Perhaps "the RYA" is too busy supporting the personal members who provide its subscription income to bother monitoring the tittle-tattle on the countless web forums related to boating?
And perhaps the RYA operates several different departments, all dealing with different things at the same time. So having some staff editing books, while others organize instructor training or radio licences or dinghy measurement certificates doesn't actually distract those who are dealing with UKBA.
 
Twister_Ken said:
Why not ask the UKBA?

Requests under the FOI Act for information relating to the UK Border Agency's work should be sent to:
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Information such as that does not come under the "Freedom of Information" act (or at least if it does it is not the UKBA's responsibility to provide it).

All legislation, including SIs (and I bet their powers come from an SI rather than primary legislation) can be found at http://www.opsi.gov.uk
 
deuc02 said:
A simple question. Has anyone yet defined what powers the UKBA has
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UK laws don't generally name names of agencies: they are expressed in far more general terms, such as "The Secretary of State may designate immigration officers ".

Despite the fact that no civil servant will ever accept personal responsibility for anything, the powers (and responsibilities) are attached to the individual "designated officer", rather than to the agency whose name happens to appear on their paperwork this week.

When the UKBA changes its name, the staff of the newly-named agency will still be "designated officers" and they will take their powers (and responsibilities)with them when they change into their new uniforms... just as they did when they went from HMC&E to HMR&C, and then to UKBA, and changed out of the quasi naval uniforms ainto their quasi SAS ones.
 
timbartlett said:
Perhaps "the RYA" is too busy supporting the personal members who provide its subscription income to bother monitoring the tittle-tattle on the countless web forums related to boating?
And perhaps the RYA operates several different departments, all dealing with different things at the same time. So having some staff editing books, while others organize instructor training or radio licences or dinghy measurement certificates doesn't actually distract those who are dealing with UKBA.
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M'mm. I might just e-mail them tomorrow and see if I receive a reply!
 
bedouin said:
Information such as that does not come under the "Freedom of Information" act (or at least if it does it is not the UKBA's responsibility to provide it).

All legislation, including SIs (and I bet their powers come from an SI rather than primary legislation) can be found at http://www.opsi.gov.uk
Click to expand...

Off subject a little, anyone looked at the Inland Revenue guide line section on there website, more of it is censured, than readable. So as a tax payer you cannot read the guidelines thay applying to your income.

Brian
 
PART 1

From 5 August 2009, 4,500 HM Revenue and Customs staff will formally become part of the UK Border Agency.

This is a further step in the transformation of the Agency and strengthens its ability to crack down on those attempting to smuggle drugs and weapons in to the UK and ensures Britain continues to have one of the strongest borders in the world.

As you are aware, the Customs have far greater and more wide-ranging powers of stop, search, rummage and arrest than your humble Plod! :eek:

The powers of customs officers ("officers") derive from the Customs Management Act 1979. Officers are appointed by the Commissioners of Revenue and Customs, who are in turn appointed by the Queen. Failure to return a commission by an officer is an offence, as is imitating or obstructing an officer.

At any time, any officer may board and search:

* ships within the limits of a port,
* aircraft at aerodromes, or
* vehicles that are:
o entering, leaving or about to leave the United Kingdom,
o within the prescribed area,
o within the limits of or entering or leaving a port or any land adjacent to a port and occupied wholly or mainly for the purpose of activities carried on at the port,
o at, entering or leaving an aerodrome,
o at, entering or leaving an approved wharf, transit shed, customs warehouse or free zone, or
o at, entering or leaving any such premises as are mentioned in subsection (1) of section 112 of the 1979 Act.

Officers shall have free access to every part of any ship or aircraft at a port or aerodrome and of any vehicle as described above or is brought to a customs and excise station, and may:

* cause any goods to be marked before they are unloaded from that ship, aircraft or vehicle,
* lock up, seal, mark or otherwise secure any goods carried in the ship, aircraft or vehicle or any place or container in which they are so carried,
* break open any place or container which is locked and of which the keys are withheld, and
* seize any goods found concealed on board any such ship, aircraft or vehicle.

Carrying away an Officer is an offence. :D

Officers may inspect aircraft and aerodromes, and prevent the departure of aircraft if they have not given their permission for them to depart. They may stop ships in UK territorial waters for the purposes of checking that they have been cleared to leave the UK.

Officers may examine any goods carried or to be carried in a coasting ships at any time while they are on board the ship, or at any place in the United Kingdom to which the goods have been brought for shipment in, or at which they have been unloaded from, the ship.

Officers may ask questions with respect to the baggage of people entering or leaving the United Kingdom and any thing contained therein or carried with them. They may inspect such baggage. Any person entering the UK from outside the EU who fails to declare any thing or to produce any baggage or thing as required (unless it they are entitled to exemption from duty and tax by virtue of any order under section 13 of the Customs and Excise Duties (General Reliefs) Act 1979) commits an offence. Any thing chargeable with any duty or tax which is found concealed, or is not declared, and any thing which is being taken into or out of the UK contrary to any prohibition or restriction can be seized.

Officers on anti-smuggling duties may haul up, leave or moor vessels where they wish. They may also enter any part of the coast (or of the shore or bank of any river or creek), railway or aerodrome (or land adjoining any aerodrome), and over any land in Northern Ireland within the prescribed area. They may not, however, enter any garden or pleasure ground.

An officer may board or enter any ship, aircraft, vehicle, house or place and take such steps as are reasonably necessary to stop or prevent the sending of a signal or message connected with smuggling.

Officers may seize:

* ships or aircraft that have been in the UK or vehicles that have been in a port or aerodrome and are constructed, adapted, altered or fitted for concealing goods,
* ships that have thrown overboard, staved or destroyed any part of the cargo to prevent seizure while the ship is in United Kingdom waters or where the ship, having been properly summoned to bring to by any vessel in the service of Her Majesty, fails so to do and chase is given,
* ships or aircraft that have been within the limits of any port in the United Kingdom or the Isle of Man, or any aircraft has been in the United Kingdom or the Isle of Man where the master or commander fails to account for a substantial part of the cargo that has been on board.

Officers may fire upon ships liable to forfeiture or examination where they have failed to bring to after the commander of any vessel in the service of Her Majesty has hoisted the proper ensign and caused a gun to be fired as a signal and chase has been given.

Officers may ask any person entering or leaving a free zone (as designated by the Treasury) questions with respect to any goods. That person shall, if required by the officer, produce those goods for examination at such place as the Commissioners may direct. Officers may board a vehicle at any time while it is entering or leaving a free zone search any part of it. Officers may, at any time, enter upon and inspect a free zone and all buildings and goods within the zone.

Officers may enter any premises, vehicles, vessels, aircraft, hovercraft or structures used in connection with an excise licence, and may inspect the premises and search for, examine and take account of any machinery, vehicles, vessels, utensils, goods or materials belonging to or in any way connected with that trade. Officers must be accompanied by a constable at night. If the premises are those of a distiller, rectifier, compounder, brewer for sale, producer of wine, producer of made-wine, maker of cider or occupier of an excise warehouse, an officer, after having demanded admission into the premises and declared his name and business at the entrance may break open any door or window of the premises or break through any wall for the purpose of obtaining admission. Officers or people acting in their aid must be accompanied by a constable at night.

If an officer has reasonable grounds to suspect that any secret pipe or other means of conveyance, cock, vessel or utensil is kept or used by a distiller, rectifier, compounder, registered brewer, producer of wine, producer of made-wine and maker of cider, that officer may, at any time, break open any part of the premises of that trader and forcibly enter them and so far as is reasonably necessary break up the ground in or adjoining those premises or any wall thereof to search for that pipe or other means of conveyance, cock, vessel or utensil.

If the officer finds any such pipe or other form of conveyance leading to or from the trader's premises, he may enter any other premises from or into which it leads, and so far as is reasonably necessary break up any part of those other premises to trace its course, and may cut it away and turn any cock thereon, and examine whether it conveys or conceals any goods chargeable with a duty of excise, or any materials used in the manufacture of such goods, in such manner as to prevent a true account thereof from being taken. Every such pipe or other means of conveyance, cock, vessel or utensil as mentioned, and all goods chargeable with a duty of excise or materials for the manufacture of such goods found therein, may be seized. Officers must be accompanied by a constable at night, and damage caused by unsuccessful searches shall be made good by the Commissioners.

Officers may, at a reasonable time of day, enter any premises used for the conduct of a business. If they have reasonable cause to believe that any premises are used for gaming to which section 10 of the Finance Act 1997 (gaming duty) applies or are used in connection with the supply, importation or exportation of goods of a class or description chargeable with a duty of excise and that any such goods are on those premises, they may inspect those premises and any goods found on them. If they believe serious fraud is occurring in connection with such gaming, they may obtain a court warrant to enter the premises using reasonable force.

Officers may detain any person who has committed, or whom there are reasonable grounds to suspect of having committed, any offence for which he is liable to be detained under the customs and excise Acts at any time within 20 years from the date of the commission of the offence. Officers may seize any ship, aircraft, vehicle, animal, container (including any article of passengers’ baggage) or other thing which has been used for the carriage, handling, deposit or concealment of any thing that has become liable to forfeiture under the customs and excise Acts, or any other thing mixed, packed or found with the thing so liable. They may also seize all the tackle, apparel or furniture in any ship, aircraft, vehicle or animal that has become liable to forfeiture under the customs and excise Acts. Ships (but not their contents) of over 250 tons (but not hovercraft) are exempt unless the voyage itself was the offence that caused the seizure, or the ship was being chased.
 
PART 2

Officers may "examine and take account of" any goods:

* which are imported,
* which are in a warehouse or Queen's warehouse,
* which are in a free zone,
* which have been loaded into any ship or aircraft at any place in the United Kingdom or the Isle of Man,
* which are entered for exportation or for use as stores,
* which are brought to any place in the United Kingdom for exportation or for shipment for exportation or as stores, or
* in the case of which any claim for drawback, allowance, rebate, remission or repayment of duty is made.

Officers may take samples of certain goods, enter premises with a writ of assistance or search warrant and stop and search vehicles or vessels where there are reasonable grounds to suspect that they are carrying or may be carrying any goods which are:

* chargeable with any duty which has not been paid or secured,

* in the course of being unlawfully removed from or to any place, or

* otherwise liable to forfeiture under the customs and excise Acts

Officers may detain people to search their possessions for dutiable alcoholic liquor, or tobacco products, which are chargeable with any duty of excise, and liable to forfeiture under the customs and excise Acts.

If an officer has reasonable grounds to suspect that

* any person who is on board or has landed from any ship or aircraft,
* any person entering or about to leave the United Kingdom,
* any person within the dock area of a port,
* any person at a customs and excise airport,
* any person in, entering or leaving any approved wharf or transit shed which is not in a port,
* any person in, entering or leaving a free zone, or
* in Northern Ireland, any person travelling from or to any place which is on or beyond the boundary

is carrying any article which is chargeable with any duty which has not been paid or secured or (if being imported or exported) of which any prohibition or restriction is in force, they may detain them and search them. This search may be a rub down, strip or intimate search, and must be approved by a superior officer or justice of the peace.
 
sailorman said:
One might think that Mr Bartlett has a connection with the RYA from his responce :rolleyes:
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I have never made any secret of the fact that the RYA is a customer of mine.

Even with that "insider" knowledge, I haven't the foggiest idea what Kurrawong Kid meant by "their hotel trade at Weymouth".

And even without "insider" knowledge, I would have thought it was pretty obvious that having people in one office earning the profits that help keep subscriptions down by publishing books does nothing whatsoever to interfere with people sitting in another office dealing with the UKBA.

Or do you imagine that all 150 staff are fully occupied on one task until someone blows a whistle and they all drop what they are doing and simultaneously switch to another task?
 
lenseman said:
Officers may "examine and take account of" any goods:

* which are imported,
* which are in a warehouse or Queen's warehouse,
* which are in a free zone,
* which have been loaded into any ship or aircraft at any place in the United Kingdom or the Isle of Man,
* which are entered for exportation or for use as stores,
* which are brought to any place in the United Kingdom for exportation or for shipment for exportation or as stores, or
* in the case of which any claim for drawback, allowance, rebate, remission or repayment of duty is made.

Officers may take samples of certain goods, enter premises with a writ of assistance or search warrant and stop and search vehicles or vessels where there are reasonable grounds to suspect that they are carrying or may be carrying any goods which are:

* chargeable with any duty which has not been paid or secured,

* in the course of being unlawfully removed from or to any place, or

* otherwise liable to forfeiture under the customs and excise Acts

Officers may detain people to search their possessions for dutiable alcoholic liquor, or tobacco products, which are chargeable with any duty of excise, and liable to forfeiture under the customs and excise Acts.

If an officer has reasonable grounds to suspect that

* any person who is on board or has landed from any ship or aircraft,
* any person entering or about to leave the United Kingdom,
* any person within the dock area of a port,
* any person at a customs and excise airport,
* any person in, entering or leaving any approved wharf or transit shed which is not in a port,
* any person in, entering or leaving a free zone, or
* in Northern Ireland, any person travelling from or to any place which is on or beyond the boundary

is carrying any article which is chargeable with any duty which has not been paid or secured or (if being imported or exported) of which any prohibition or restriction is in force, they may detain them and search them. This search may be a rub down, strip or intimate search, and must be approved by a superior officer or justice of the peace.
Click to expand...

HAHA. Congratulations. You could as well have lost the war. Time to get yourself a Pirate Party....oh you have one already :)
 
timbartlett said:
I have never made any secret of the fact that the RYA is a customer of mine.

Even with that "insider" knowledge, I haven't the foggiest idea what Kurrawong Kid meant by "their hotel trade at Weymouth".

And even without "insider" knowledge, I would have thought it was pretty obvious that having people in one office earning the profits that help keep subscriptions down by publishing books does nothing whatsoever to interfere with people sitting in another office dealing with the UKBA.

Or do you imagine that all 150 staff are fully occupied on one task until someone blows a whistle and they all drop what they are doing and simultaneously switch to another task?
Click to expand...
The RYA have constructed and run a hostel/hotel at the Olypimpic Centre at Weymouth, to the wrath, I understand, of the local hotels and B&B's.
No need to e-mail them now though-FlowerPower has the answer above!
 
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