SCHEDULES

SCHEDULE 14 Exercise of Officers’ Powers

Code of practice

5

An officer shall perform functions conferred on him by virtue of this Act F1or the F2terrorist cash F2terrorist property provisions in accordance with any relevant code of practice in operation under paragraph 6.

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 F3or the F2terrorist cash F2terrorist property provisions.

(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.

F46A

In paragraphs 5 and 6, “officer” includes a constable, immigration officer or customs officer who—

(a)

has functions under Schedule 7, or

(b)

has functions under Schedule 8 in relation to a person detained under Schedule 7,

otherwise than as an examining officer.

7

(1)

Before issuing a code of practice the Secretary of State shall—

(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.