Part 8Investigations
Chapter 2England and Wales and Northern Ireland
Code of practice
I1377 Code of practice
1
The Secretary of State must prepare a code of practice as to the exercise by all of the following of functions they have under this Chapter—
a
the Director;
b
members of the staff of the Agency;
c
accredited financial investigators;
d
constables;
e
customs officers.
2
After preparing a draft of the code the Secretary of State—
a
must publish the draft;
b
must consider any representations made to him about the draft;
c
may amend the draft accordingly.
3
After the Secretary of State has proceeded under subsection (2) he must lay the code before Parliament.
4
When he has done so the Secretary of State may bring the code into operation on such day as he may appoint by order.
5
A person specified in subsection (1)(a) to (e) must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.
6
If such a person fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings.
7
But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.
8
The Secretary of State may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.
9
The following provisions do not apply to an appropriate officer in the exercise of any function he has under this Chapter—
a
section 67(9) of the Police and Criminal Evidence Act 1984 (c. 60) (application of codes of practice under that Act to persons other than police officers);
b
Article 66(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (which makes similar provision for Northern Ireland).