SCHEDULES

SCHEDULE 3Border security

PART 4Codes of practice

56

1

The Secretary of State must issue codes of practice about—

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.

57

1

Before issuing a code under paragraph 56 the Secretary of State must—

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.