Part 5Civil recovery of the proceeds etc. of unlawful conduct

Chapter 3Recovery of cash in summary proceedings

Searches

292 Code of practice

(1)

The Secretary of State must make a code of practice in connection with the exercise by F1officers of Revenue and Customs F2, SFO officers and (in relation to England and Wales F3...) constables F4and accredited financial investigators of the powers conferred by virtue of section 289.

(2)

Where he proposes to issue a code of practice he must—

(a)

publish a draft,

(b)

consider any representations made to him about the draft by the Scottish Ministers F5, the Department of Justice or any other person,

(c)

if he thinks it appropriate, modify the draft in the light of any such representations.

F6(2A)

The Secretary of State must also consult the Attorney General about the draft in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office.

(3)

He must lay a draft of the code before Parliament.

(4)

When he has laid a draft of the code before Parliament he may bring it into operation by order.

(5)

He may revise the whole or any part of the code issued by him and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.

(6)

A failure by F7an officer of Revenue and Customs F8an SFO officer, F9, a constable or an accredited financial investigator to comply with a provision of the code does not of itself make him liable to criminal or civil proceedings.

(7)

The code is admissible in evidence in criminal or civil proceedings and 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.