The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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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)A member of staff of an attendance centre who has reasonable grounds for suspecting that a relevant person may have with him or in his possessions—
(a)an article to which section 139 of the Criminal Justice Act 1988 (c. 33) applies (knives and blades etc.), or
(b)an offensive weapon (within the meaning of the Prevention of Crime Act 1953 (c. 14)),
may search the relevant person or his possessions for such articles and weapons.
(2)A search under this section may be carried out only where the member of staff and the relevant person are on the premises of the attendance centre.
(3)A person may carry out a search under this section only if—
(a)he is the officer in charge of the attendance centre; or
(b)he has been authorised by the officer in charge to carry out the search.
(4)A person who carries out a search of a relevant person under this section—
(a)may not require the relevant person to remove any clothing other than outer clothing;
(b)must be of the same sex as the relevant person; and
(c)may carry out the search only in the presence of another member of staff who is also of the same sex as the relevant person.
(5)A relevant person's possessions may not be searched under this section except in his presence and in the presence of another member of staff.
(6)If, in the course of a search under this section, the person carrying out the search finds—
(a)anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or
(b)any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,
he may seize and retain it.
(7)A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
(8)A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
(9)The Police (Property) Act 1897 (c. 30) (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(10)An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
(11)In this section—
“attendance centre” has the same meaning as in Part 12 of the Criminal Justice Act 2003 (c. 44) (see section 221 of that Act);
“officer in charge”, in relation to an attendance centre, means the member of staff for the time being in charge of that centre;
“outer clothing” means—
any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
a hat, shoes, boots, gloves or a scarf;
“possessions”, in relation to a person, includes any goods over which he has or appears to have control;
“relevant person”, in relation to an attendance centre, means a person who is required to attend at that centre by virtue of—
a relevant order (within the meaning of section 196 of the Criminal Justice Act 2003 (c. 44)); or
an attendance centre order under section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
(12)The powers conferred by this section are in addition to any powers exercisable by the member of staff of an attendance centre in question apart from this section and are not to be construed as restricting such powers.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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