Part 8Investigations
Chapter 2England and Wales and Northern Ireland
Code of practice
I1377 Code of practice F1of Secretary of State etc.
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
F2the Director General of SOCA;
b
F3other members of SOCA's staff;
c
F4in relation to England and Wales, accredited financial investigators;
d
F4in relation to England and Wales, constables;
e
customs officers.
F6f
immigration 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 F7(f) 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.
F59
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