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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)Every police authority shall—
(a)make arrangements for detainees to be visited by persons appointed under the arrangements (“independent custody visitors”); and
(b)keep those arrangements under review and from time to time revise them as they think fit.
(2)The arrangements must secure that the persons appointed under the arrangements are independent of both—
(a)the police authority; and
(b)the chief officer of police of the police force maintained by that authority.
(3)The arrangements may confer on independent custody visitors such powers as the police authority considers necessary to enable them to carry out their functions under the arrangements and may, in particular, confer on them powers—
(a)to require access to be given to each police station;
(b)to examine records relating to the detention of persons there;
(c)to meet detainees there for the purposes of a discussion about their treatment and conditions while detained; and
(d)to inspect the facilities there including in particular, cell accommodation, washing and toilet facilities and the facilities for the provision of food.
(4)The arrangements may include provision for access to a detainee to be denied to independent custody visitors if—
(a)it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;
(b)the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
(c)the procedural requirements imposed by the arrangements in relation to a denial of access are complied with.
(5)Grounds shall not be specified in any arrangements for the purposes of subsection (4)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).
(6)The Secretary of State shall issue, and may from time to time revise, a code of practice as to the carrying out by police authorities and independent custody visitors of their functions under the arrangements.
(7)Before issuing or revising a code of practice under this section, the Secretary of State shall consult with—
[F1(a)the Association of Police Authorities;
(b)the Association of Chief Police Officers; and]
(c)such other persons as he thinks fit.
(8)The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.
(9)Police authorities and independent custody visitors shall have regard to the code of practice for the time being in force under subsection (6) in the carrying out of their functions under the preceding provisions of this section.
(10)In this section “detainee”, in relation to arrangements made under this section, means a person detained in a police station in the police area of the police authority.
(1)In section 40 of the 1984 Act (review of police detention), in subsection (8) for the words from “the substitution” to the end there shall be substituted “ the modifications specified in subsection (8A) ”.
(2)After that subsection there shall be inserted—
“(8A)The modifications are—
(a)the substitution of references to the person whose detention is under review for references to the person arrested;
(b)the substitution of references to the review officer for references to the custody officer; and
(c)in subsection (6), the insertion of the following paragraph after paragraph (a)—
(3)In subsection (10) of that section—
(a)for “(6)” there shall be substituted “ (6B) ”; and
(b)for the words from “the substitution” to the end there shall be substituted “ the modifications specified in subsection (10A) ”.
(4)After that subsection there shall be inserted—
“(10A)The modifications are—
(a)the substitution of a reference to the person whose detention is under review for any reference to the person arrested or to the person charged; and
(b)in subsection (5), the insertion of the following paragraph after paragraph (a)—
(1)In section 34(6) of the 1984 Act (persons treated as arrested for an offence), after “1988” there shall be inserted “ or section 30(2) of the Transport and Works Act 1992 (c. 42) ”.
(2)In section 62(11) of that Act (provisions of the Road Traffic Act 1988 (c. 52) relating to the taking of specimens not to be affected by provisions of that section)—
(a)for “affects” there shall be substituted “ applies to the taking of a specimen for the purposes of any of the provisions of ”; and
(b)after “Road Traffic Act 1988” there shall be inserted “ or of sections 26 to 38 of the Transport and Works Act 1992 ”.
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