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Counter-Terrorism and Security Act 2015

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Code of practiceE+W+S+N.I.

18(1)The Secretary of State must issue a code of practice with regard to the exercise of functions under this Schedule.E+W+S+N.I.

(2)The code of practice must in particular deal with the following matters—

(a)the procedure for making designations under paragraphs 1(4) and 17;

(b)training to be undertaken by persons who are to exercise powers under this Schedule;

(c)the exercise by constables, immigration officers and customs officials of functions conferred on them by virtue of this Schedule;

(d)information to be given to a person in whose case a power under this Schedule is exercised;

(e)how and when that information is to be given;

(f)reviews under paragraph 6.

(3)A constable, immigration officer or customs official must perform functions conferred on him or her by virtue of this Schedule in accordance with any relevant provision included in the code by virtue of sub-paragraph (2)(c) to (e).

(4)The failure by a constable, immigration officer or customs official to observe any such provision does not of itself make him or her liable to criminal or civil proceedings.

(5)The code of practice—

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

(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.

19(1)Before issuing the code of practice the Secretary of State must—E+W+S+N.I.

(a)publish it in draft,

(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 representations made.

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

(3)Anything done before the day on which this Act is passed is as valid as if done on or after that day for the purposes of sub-paragraphs (1) and (2).

(4)Once the code has been laid in draft before Parliament the Secretary of State may bring it into operation by regulations made by statutory instrument.

(5)The first regulations under sub-paragraph (4) cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the regulations, unless a resolution approving the regulations is passed by each House of Parliament during that period.

(6)A statutory instrument containing any subsequent regulations under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

(7)If regulations cease to have effect under sub-paragraph (5)—

(a)the code of practice to which the regulations relate also ceases to have effect, but

(b)that does not affect anything previously done, or the power to make new regulations or to issue a new code.

(8)For the purposes of sub-paragraph (5), the period of 40 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.

20(1)The Secretary of State may revise the code of practice and issue the revised code.E+W+S+N.I.

(2)Paragraph 19 has effect in relation to the issue of a revised code as it has effect in relation to the first issue of the code.

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