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The Terrorism Act 2000 (Remedial) Order 2011

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Code of Practice

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4.  The Terrorism Act 2000 is to have effect as if after section 47A (for which see article 3) there were inserted—

“47B    Code of practice relating to section 47A

(1) The Secretary of State must issue a code of practice containing guidance about—

(a)the exercise of the powers to give an authorisation under section 47A(2) or (3),

(b)the exercise of the powers conferred by such an authorisation and section 47A(6), and

(c)such other matters in connection with the exercise of any of the powers mentioned in paragraphs (a) and (b) as the Secretary of State considers appropriate.

(2) Such a code may make different provision for different purposes.

(3) In the course of preparing such a code, the Secretary of State must, so far as is practicable, consult the Lord Advocate and such other persons as the Secretary of State considers appropriate.

(4) The requirement to consult in subsection (3), in relation to the preparation of a code of practice, may be satisfied by any such consultation which takes place before the day on which the Terrorism Act 2000 (Remedial) Order 2011 ( S.I. 2011/631) comes into force.

(5) The Secretary of State must lay before Parliament a copy of a code of practice issued under subsection (1).

(6) The Secretary of State may revise such a code and must issue any such revised code.

(7) Subsections (2), (3), (5) and (6) have effect in relation to a revised code as they have effect in relation to the code first issued.

47C    Effect of code

(1) A constable must have regard to the search powers code when exercising any powers to which the code relates.

(2) A failure on the part of a constable to act in accordance with any provision of the search powers code does not of itself make that person liable to criminal or civil proceedings.

(3) The search powers code is admissible in evidence in any such proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a constable to have regard to the search powers code in determining a question in any such proceedings.

(5) The references in this section to a constable include, in relation to any functions exercisable by a person by virtue of paragraph 15 of Schedule 4 to the Police Reform Act 2002(1) or paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003(2) (search powers in specified areas or places for community support officers), references to that person.

(6) In this section “the search powers code” means the code of practice issued under section 47B(1) (as revised from time to time).”

(2)

2003 c.6. Schedule 2A was inserted by SI 2007/912.

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