Section 115.
Modifications etc. (not altering text)
C1Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2
1U.K.In this Schedule an “officer” means—
(a)an authorised officer within the meaning given by [F1the terrorist cash provisions], and
(b)an examining officer within the meaning of Schedule 7.
[F2and “the terrorist cash provisions” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.]
Textual Amendments
F1Words in Sch. 14 para. 1(a) substituted (20.12.2001) by 2001 c. 24, s. 2(5)(a), S.I. 2001/4019, art. 2(1)(b)
F2Words in Sch. 14 para. 1 inserted (20.12.2001) by 2001 c. 24, s. 2(5)(b); S.I. 2001/4019, art. 2(1)(b)
2U.K.An officer may enter a vehicle (within the meaning of section 121) for the purpose of exercising any of the functions conferred on him by virtue of this Act [F3or the terrorist cash provisions].
Textual Amendments
F3Words in Sch. 14 para. 2 inserted (20.12.2001) by 2001 c. 24, s. 2(6); S.I. 2001/4019, art. 2(1)(b)
3U.K.An officer may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7) [F4or the terrorist cash provisions].
Textual Amendments
F4Words in Sch. 14 para. 3 inserted (20.12.2001) by 2001 c. 24, s. 2(6); S.I. 2001/4019, art. 2(1)(b)
4(1)Information acquired by an officer may be supplied—U.K.
(a)to the Secretary of State for use in relation to immigration;
(b)to the Commissioners of Customs and Excise or a customs officer;
(c)to a constable;
[F5(d)to the Serious Organised Crime Agency;]
(e)to a person specified by order of the Secretary of State for use of a kind specified in the order.
(2)Information acquired by a customs officer or an immigration officer may be supplied to an examining officer within the meaning of Schedule 7.
Textual Amendments
F5Sch. 14 para. 4(1)(d) substituted (1.4.2006 subject to art. 4(2)-(7) of the commencing S.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 59, Sch. 4 para. 130; S.I. 2006/378, art. 4(1), Sch.
Modifications etc. (not altering text)
C2Sch. 14 para. 4(2) restricted (7.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 17(6), Sch. 2 Pt. 2 para. 19; S.I. 2005/1126, art. 2
5U.K.An officer shall perform functions conferred on him by virtue of this Act [F6or the terrorist cash provisions] in accordance with any relevant code of practice in operation under paragraph 6.
Textual Amendments
F6Words in Sch. 14 para. 5 inserted (20.12.2001) by 2001 c. 24, s. 2(7); S.I. 2001/4019, art. 2(1)(b)
6(1)The Secretary of State shall issue codes of practice about the exercise by officers of functions conferred on them by virtue of this Act [F7or the terrorist cash provisions].U.K.
(2)The failure by an officer to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.
(3)A code—
(a)shall be admissible in evidence in criminal and civil proceedings, and
(b)shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(4)The Secretary of State may revise a code and issue the revised code.
Textual Amendments
F7Words in Sch. 14 para. 6(1) inserted (20.12.2001) by 2001 c. 24, s. 2(6); S.I. 2001/4019, art. 2(1)(b)
Commencement Information
I1Sch. 14 para. 6 wholly in force at 19.2.2001; Sch. 14 para. 6 not in force at Royal Assent see s. 128; Sch. 14 para. 6(1)(4) in force at 12.10.2000 by S.I. 2000/2800, art. 2(d)(ii); Sch. 14 para. 6 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2
7(1)Before issuing a code of practice the Secretary of State shall—U.K.
(a)publish a draft code,
(b)consider any representations made to him about the draft, and
(c)if he thinks it appropriate, modify the draft in the light of any representations made to him.
(2)The Secretary of State shall lay a draft of the code before Parliament.
(3)When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.
(4)This paragraph has effect in relation to the issue of a revised code as it has effect in relation to the first issue of a code.