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SCHEDULE 7
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PORT
AND BORDER CONTROLS |
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Interpretation |
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1.
- (1) In this Schedule "examining officer" means any of the following-
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(b) an immigration
officer, and
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(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.
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(2)
In this Schedule-
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"the border
area" has the meaning given by paragraph 4,
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"captain" means
master of a ship or commander of an aircraft,
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"port" includes
an airport and a hoverport,
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"ship" includes
a hovercraft, and
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"vehicle" includes
a train.
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(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-
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(a) has gone
there for the purpose of embarking on a ship or aircraft, or
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(b) has arrived
there on disembarking from a ship or aircraft.
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Power to stop, question and detain |
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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).
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(2)
This paragraph applies to a person if-
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(a) he is
at a port or in the border area, and
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(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.
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(3)
This paragraph also applies to a person on a ship or aircraft which
has arrived in Great Britain or Northern Ireland.
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(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).
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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.
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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.
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(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.
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5.
A person who is questioned under paragraph 2 or 3 must-
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(a) give the
examining officer any information in his possession which the
officer requests;
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(b) give the
examining officer on request either a valid passport which includes
a photograph or another document which establishes his identity;
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(c) declare
whether he has with him documents of a kind specified by the examining
officer;
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(d) give the
examining officer on request any document which he has with him
and which is of a kind specified by the officer.
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6.
- (1) For the purposes of exercising a power under paragraph 2 or
3 an examining officer may-
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(a) stop a
person or vehicle;
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(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.
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(3)
Where a person is detained under this paragraph the provisions of
Part I of Schedule 8 (treatment) shall apply.
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(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.
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Searches |
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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-
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(a) search
a ship or aircraft;
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(b) search
anything on a ship or aircraft;
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(c) search
anything which he reasonably believes has been, or is about to
be, on a ship or aircraft.
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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)-
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(b) search
anything which he has with him, or which belongs to him, and which
is on a ship or aircraft;
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(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;
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(d) search
a ship or aircraft for anything falling within paragraph (b).
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(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)-
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(b) search
anything in or on a vehicle;
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(c) search
anything which he reasonably believes has been, or is about to
be, in or on a vehicle.
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(3)
A search of a person under this paragraph must be carried out by
someone of the same sex.
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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.
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(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.
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(3)
In this paragraph "goods" includes-
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(a) property
of any description, and
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(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.
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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.
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(2)
A person authorised under this paragraph shall be treated as an
examining officer for the purposes of-
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(a) paragraphs
9(4) and 11 of this Schedule, and
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(b) paragraphs
2 and 3 of Schedule 14.
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Detention of property |
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11.
- (1) This paragraph applies to anything which-
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(a) is given
to an examining officer in accordance with paragraph 5(d),
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(b) is searched
or found on a search under paragraph 8, or
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(c) is examined
under paragraph 9.
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(2)
An examining officer may detain the thing-
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(a) for the
purpose of examination, for a period not exceeding seven days
beginning with the day on which the detention commences,
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(b) while
he believes that it may be needed for use as evidence in criminal
proceedings, or
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(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.
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Designated ports |
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12.
- (1) This paragraph applies to a journey-
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(a) to Great
Britain from the Republic of Ireland, Northern Ireland or any
of the Islands,
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(b) from Great
Britain to any of those places,
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(c) to Northern
Ireland from Great Britain, the Republic of Ireland or any of
the Islands, or
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(d) from Northern
Ireland to any of those places.
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(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-
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(a) the port
is a designated port, or
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(b) an examining
officer approves the arrangement.
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(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-
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(a) the port
is a designated port, or
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(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).
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(4)
A designated port is a port which appears in the Table at the end
of this Schedule.
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(5)
The Secretary of State may by order-
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(a) add an
entry to the Table;
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(b) remove
an entry from the Table.
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Embarkation and disembarkation |
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13.
- (1) The Secretary of State may by notice in writing to the owners
or agents of ships or aircraft-
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(a) designate
control areas in any port in the United Kingdom;
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(b) specify
conditions for or restrictions on the embarkation or disembarkation
of passengers in a control area.
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(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-
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(a) that passengers
do not embark or disembark at the port outside a control area,
and
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(b) that any
specified conditions are met and any specified restrictions are
complied with.
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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")-
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(a) designate
control areas in the port;
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(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;
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(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;
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(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.
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(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.
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15.
- (1) This paragraph applies to a ship employed to carry passengers
for reward, or an aircraft, which-
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(a) arrives
in Great Britain from the Republic of Ireland, Northern Ireland
or any of the Islands,
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(b) arrives
in Northern Ireland from Great Britain, the Republic of Ireland
or any of the Islands,
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(c) leaves
Great Britain for the Republic of Ireland, Northern Ireland or
any of the Islands, or
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(d) leaves
Northern Ireland for Great Britain, the Republic of Ireland or
any of the Islands.
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(2)
The captain shall ensure-
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(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;
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(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;
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(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.
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(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.
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Carding |
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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.
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(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).
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(3)
This paragraph applies to a person-
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(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,
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(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,
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(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
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(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.
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Provision of passenger information |
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17.
- (1) This paragraph applies to a ship or aircraft which-
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(a) arrives
or is expected to arrive in Great Britain from the Republic of
Ireland, Northern Ireland or any of the Islands, or
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(b) arrives
or is expected to arrive in Northern Ireland from Great Britain,
the Republic of Ireland or any of the Islands.
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(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.
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(3)
A request to an owner or agent may relate-
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(a) to a particular
ship or aircraft,
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(b) to all
ships or aircraft of the owner or agent to which this paragraph
applies, or
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(c) to specified
ships or aircraft.
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(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-
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(c) to vehicles
belonging to passengers or crew.
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(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.
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(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.
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Offences |
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18.
- (1) A person commits an offence if he-
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(a) wilfully
fails to comply with a duty imposed under or by virtue of this
Schedule,
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(b) wilfully
contravenes a prohibition imposed under or by virtue of this Schedule,
or
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(c) wilfully
obstructs, or seeks to frustrate, a search or examination under
or by virtue of this Schedule.
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(2)
A person guilty of an offence under this paragraph shall be liable
on summary conviction to-
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(a) imprisonment
for a term not exceeding three months,
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(b) a fine
not exceeding level 4 on the standard scale, or
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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 |
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NORTHERN IRELAND |
Seaports |
Airports |
Ballycastle
Belfast
Larne
Port of Londonderry
Warrenpoint |
Belfast City
Belfast International
City of Derry |
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