Section 3 — Functions of the Commander

(1) In exercising the Commander’s functions, the Commander must have regard to the objectives of—

(a) maximising the effectiveness of the activities of partner authorities relating to threats to border security, for the purpose of minimising such threats, and

(b) maximising the coordination of those activities for that purpose.

(2) The Commander must from time to time issue a document (a “strategic priority document”) which sets out what, in the Commander’s view, are—

(a) the principal threats to border security when the document is issued, and

(b) the strategic priorities to which partner authorities should have regard in exercising their functions in relation to any of the threats identified under paragraph (a).

(3) A partner authority must have regard to the strategic priority document in exercising its functions in relation to threats to border security.

(4) Before issuing a strategic priority document the Commander must—

(a) consult the Board at a meeting of the Board, and

(b) obtain the consent of the Secretary of State to issue the document.

(5) In this Chapter— “border security” means the security of the United Kingdom’s borders; “partner authority” means, subject to subsection (6) and section 10, a public authority with functions in relation to threats to border security (whether exercisable in the United Kingdom or elsewhere); “public authority” means a person with functions of a public nature.

(6) The following are not partner authorities for the purposes of this Chapter—

(a) the Security Service;

(b) the Secret Intelligence Service;

(c) GCHQ.

(7) For the purposes of this Chapter (but subject to subsection (9)), threats to border security include the passage or conveyance of any person or thing towards, into or out of the United Kingdom, or the organisation of or preparation for such passage or conveyance, in circumstances mentioned in subsection (8).

(8) Those circumstances are where such passage or conveyance, or the organisation of or preparation for such passage or conveyance—

(a) constitutes an offence under the law of any part of the United Kingdom,

(b) creates a risk of the commission of an offence under the law of any part of the United Kingdom, or

(c) threatens harm of any kind to persons or property in the United Kingdom.

(9) For the purposes of this Chapter, threats to border security do not include threats relating to a customs revenue matter within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 7(2) of that Act).