Part 5Civil recovery of the proceeds etc. of unlawful conduct
F1CHAPTER 3ARecovery of listed assets in summary proceedings
Searches
303HCode of practice: Scotland
(1)
The Scottish Ministers must make a code of practice in connection with the exercise by constables in relation to Scotland of the powers conferred by section 303C.
(2)
Where the Scottish Ministers propose to issue a code of practice, they must—
(a)
publish a draft,
(b)
consider any representations made about the draft, and
(c)
if they think it appropriate, modify the draft in the light of any such representations.
(3)
The Scottish Ministers must lay a draft of the code before the Scottish Parliament.
(4)
When the Scottish Ministers have laid a draft of the code before the Scottish Parliament, they may bring it into operation by order.
(5)
The Scottish Ministers may revise the whole or any part of the code 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 a constable to comply with a provision of the code does not of itself make the constable 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.