The Act Commentary on Sections Part 4: Counter-terrorism powers Section 60: Replacement powers to stop and search persons and vehicles
233.Subsection (1) repeals section 43(3) of the 2000 Act which requires that searches of persons be carried out by someone of the same sex. This requirement is being repealed to make it the same as other (both non-terrorist and terrorist) stop and search powers which do not include a same sex search requirement. This is because any search will normally be carried out on the street and it is not always practicable to summon an officer of the appropriate gender in a reasonable time.
234.Subsection (2) supplements the existing stop and search power in section 43 of the 2000 Act, by providing that where a vehicle is stopped in the course of stopping a person under section 43 (that is, where a constable reasonably suspects a person to be terrorist), the constable may search the vehicle as well as the person. ‘Terrorist’ is defined in section 40 of the 2000 Act.
235.Subsection (3) creates a new stop and search power in respect of vehicles by inserting new section 43A into the 2000 Act. New section 43A provides a power for police to stop and search a vehicle, including its driver, any passengers and anything in or on the vehicle, if a constable reasonably suspects the vehicle is being used for the purposes of terrorism. ‘Terrorism’ is defined in section 1 of the 2000 Act, and section 1(5) provides that a reference in that Act to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation. Anything discovered during a search which the officer reasonably suspects may constitute evidence that the vehicle is being used for the purposes of terrorism, may be seized and retained.