Counter-Terrorism and Border Security Act 2019

PART 4 U.K. Codes of practice

Modifications etc. (not altering text)

C1 Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

56 (1) The Secretary of State must issue codes of practice about— U.K.

(a) training to be undertaken by constables, immigration officers and customs officers who are to act as examining officers or exercise other functions under this Schedule,

(b) the exercise by such persons of functions conferred on them by virtue of this Schedule,

(c) the video recording (with sound) of interviews by constables of persons detained under Part 1 of this Schedule at a police station, and

(d) reviews under Part 3 of this Schedule.

(2) An examining officer must perform the functions conferred by virtue of this Schedule in accordance with any relevant code of practice in operation under sub-paragraph (1)(b).

(3) A code of the kind mentioned in sub-paragraph (1)(c)—

(a) may make different provision in relation to a particular part of the United Kingdom;

(b) may make different provision for different parts of the United Kingdom.

(4) A code of the kind mentioned in sub-paragraph (1)(d) must include provision about training to be undertaken by persons who are to act as review officers.

(5) The failure of an examining officer to observe a provision of a code does not of itself make the officer liable to criminal or civil proceedings.

(6) A code—

(a) is admissible in evidence in criminal and civil proceedings, and

(b) is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(7) The Secretary of State may revise a code and issue the revised code.

Commencement Information

I1 Sch. 3 para. 56 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2 Sch. 3 para. 56 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)

57 (1) Before issuing a code under paragraph 56 the Secretary of State must— U.K.

(a) publish a draft code,

(b) consider any representations made about the draft, and

(c) if the Secretary of State thinks it appropriate, modify the draft in the light of any such representations.

(2) The Secretary of State must lay a draft of the code before Parliament.

(3) After the code has been laid before Parliament the Secretary of State may bring it into operation by regulations.

(4) Sub-paragraphs (1) to (3) apply to the issue of a revised code as they apply to the first issue of the code.

(5) Regulations under sub-paragraph (3) must be made by statutory instrument.

(6) A statutory instrument containing regulations under sub-paragraph (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Commencement Information

I3 Sch. 3 para. 57 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I4 Sch. 3 para. 57 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)